[2009] FWAA 1864rtbuvic.com.au/wp-content/uploads/2015/01/VLine... · 2018. 10. 30. · [2009] FWAA 1864 2 [5] The Agreement is approved and, in accordance with s.54 of the Act, will

1

[2009] FWAA 1864

DECISION Fair Work Act 2009 s.185—Approval of enterprise agreement

V/Line Passenger Pty Ltd (AG2009/21385)

V/LINE PASSENGER (INFRASTRUCTURE) ENTERPRISE AGREEMENT 2009-2012

Public transport industry

SENIOR DEPUTY PRESIDENT HARRISON SYDNEY, 21 DECEMBER 2009

Application for approval of the V/Line Passenger (Infrastructure) Enterprise Agreement 2009-2012. [1] An application has been made for approval of an enterprise agreement known as the V/Line Passenger (Infrastructure) Enterprise Agreement 2009-2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by V/Line Passenger Pty Ltd. The Agreement is a single-enterprise agreement. [2] The Agreement was made during the bridging period1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act. [3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. I was initially concerned about a date contained in the statutory declaration lodged by the employer in support of the application for approval, however after clarification of the applicant’s representative I am satisfied the pre-approval requirements have been met. [4] Each of the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Services Union, the Association of Professional Engineers, Scientist and Managers, Australia, and the Rail, Tram and Bus Industry Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

1 Item 2, Part 1, of Schedule 2.

[2009] FWAA 1864

2

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2009. The nominal expiry date of the Agreement is 30 June 2012. SENIOR DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A, AE872909 PR992093>

V/LINE PASSENGER

- INFRASTRUCTURE -

ENTERPRISE AGREEMENT

2009 - 2012

11Page

PART 1 - APPLICATION AND OPERATION OF AGREEMENT 41.1 PREAMBLE 41.2 TITLE 41.3. COVERAGE 41.4 DEFINITIONS 51.5. STRUCTURE AND INTERPRETATION OF THIS AGREEMENT 61.6. PERIOD OF OPERATION 61.7 NO EXTRA CLAIMS 6 r1.8. AIMS OF AGREEMENT 61.9 ANTI-DiSCRIMINATION 8

PART 2 - CONSULTATION AND DISPUTE RESOLUTION 92.1 CONSULTATION 92.2. DISPUTE SETTLEMENT PROCEDURES 10

PART 3 - EMPLOYMENT RELATIONSHIP AND RELATED MATTERS 133.1 TERMS OF EMPLOYMENT 133.2 ALTERNATIVE EMPLOYMENT AGREEMENT 153.3 APPRENTICEITRAINEES 163.4 INDIVIDUAL FLEXIBILITY AGREEMENT 173.5 TERMINATION OF EMPLOYMENT 183.6 STAND DOWN 183.7 REDUNDANCY 193.8 ABANDONMENT OF EMPLOYMENT 20

PART 4 - RATES OF PAY AND RELATED MATTERS 214.1 CLASSIFICATION STRUCTURE 214.2 CLASSIFICATION AND RATES OF PAY 224.3 RATES OF PAY 314.4 PAYMENT OF WAGES & RECOUPMENT OF OVERPAYMENTS 314.5 MIXED FUNCTIONS 324.6 ALLOWANCES AND EXPENSES 324.7 CONSTRUCTION SITE JUMP UP CLAUSE 344.8 CONSTRUCTION SITE MINIMUM WAGE 354.9 ADDITIONAL CONSTRUCTION CONDITIONS 354.10 FIRST AID ALLOWANCE 364.11 OTHER ALLOWANCES 364.12. SUPERANNUATION 374.13 SALARY PACKAGING FOR SUPERANNUATION 37

PART 5 - HOURS OF WORK AND RELATED MATTERS 385.1 FATIGUE MANAGEMENT 385.2 HOURS OF DUTY 385.3 OVERTIME 415.4 SHIFT DUTY 435.5 GENERAL PROVISIONS FOR ALL EMPLOYEE GRADES 45

PART 6 - TYPE OF LEAVE AND PUBLIC HOLIDAyS 466.1. ANNUAL LEAVE 466.2 LONG SERVICE LEAVE 486.3 PUBLIC HOLIDAyS 486.4 PERSONAUCARER'S LEAVE 506.5. BEREAVEMENT LEAVE / COMPASSIONATE LEAVE 536.6 UNSCHEDULED LEAVE ABSENCES 546.7 PARENTAL LEAVE 54

2jPage

6.86.96.106.116.126.136.146.156.16

PART 77.1.7.27.37.4

BLOOD DONOR LEAVE 61CITIZENSHIP CEREMONY LEAVE. 61SPECIAL LEAVE 61

OH & S REPRESENTATIVES TRAINING LEAVE 61LEAVE WITHOUT PAy 62TRAUMA COUNSELLING 62BUSINESS IMPROVEMENT REWARDS 62COMMUNITY SERVICE LEAVE 62TRADE UNION TRAINING LEAVE 64

GENERAL ITEMS 65TRAVEL PASS ENTITLEMENTS 65TRAINING AND SKILLS DEVELOPMENT 70TRANSFER OF BUSINESS - CONTINUITY OF SERVICE 70ACCIDENT MAKE UP PAY 71

PART 8 AWARD CLAUSES INCORPORATED FROM THE "RAILWAYS TRAFFICPERMANENT WAY AND SIGNALLING WAGES STAFF AWARD, 2002" 72

PART 9 AWARD CLAUSES INCORPORATED FROM THE RAILWAYS METAL TRADESGRADES AWARD, 2002 80

PART 10 AWARD CLAUSES INCORPORATED FROM THE RAILWAYS SALARIEDEMPLOYEES (VICTORIA) AWARD 2002 89

PRODUCTIVITY INITIATIVES 100

BARGAINING REPRESENTATIVES 107

3~e

PART 1 - APPLICATION AND OPERATION OF AGREEMENT

1.1 PREAMBLE

This Agreement has been developed to reflect all terms and conditions of employmentapplicable to V/Line Passenger Infrastructure employees covered by this Agreement.

1.2 TITLE

This Agreement shall be known as the V/Line Passenger (Infrastructure), EnterpriseAgreement 2009 - 2012 ("Agreement").

1.3. COVERAGE

1.3.1 This Agreement covers:(a) V/Line Passenger Pty Ltd ACN 087 425 269 ("V/Line" "V/Line Passenger" or lithe

Employer"; and

(b) the Employees (as defined); and

(c) The Rail, Tram and Bus Union ("RTBU"), The Communications, Electrical, Electronic,Energy Information, Postal, Plumbing and Allied Services Union (Electrical Division)("CEPU") and or The Association of Professional Engineers, Scientists and Managers,Australia ("APESMA"), will also be covered by this Agreement if it has given notice toV/Line ad Fair Work Australia ("FWA") in accordance with section 183 of the Fair WorkAct 2009 (Cth) and it is noted in the decision by FWA in approving the Agreement thatthe Agreement also covers the RTBU, the CEPU and APESMA, collectively referred toas the "unions".

1.3.2 This Agreement will not apply to Employees of V/Line Passenger who:

(a) Are senior executives engaged on Government Sector Executive Remuneration Panel(GSERP) contracts; and

(b) Employees to whom the V/Line Passenger (Operations) Enterprise Agreement 2009 2012 applies; and

(c) Employees not covered by the classifications set out in clause 4.2 of this Agreement.

4~e

1.4 DEFINITIONS

For the purposes of this Agreement, wherever the following terms are used in the Agreement,unless a contrary intention appears, those terms will have the meaning set out in this clause:

"Act" means the Fair Work Act 2009 (Cth)

"Agreement" means V/Line Passenger (Infrastructure) Enterprise Agreement 2009-2012

"APESMA" means the Association of Professional Engineers, Scientists and ManagersAustralia.

"CEPU" means the Communications, Electrical, Electronic, Energy, Information, Postal,Plumbing and Allied Services Union (Electrical Division)

"Employees" means Employees of V/Line Passenger who are employed in classifications set outin clause 4.2 excluding employees referred to in clause 1.3.2.

"FAID" means Fatigue Audit InterDyne.

"FWA" means Fair Work Australia

"NES" means National Employment Standards.

"Parties covered by this Agreement' means V/Line, its Employees, and the RTBU, CEPU andAPESMA but only to the extent the decision of FWA in approving this Agreement provides thatthe RTBU, CEPU and APESMA are a party covered by the Agreement.

"Past Agreements" means:

(a) V/Line Passenger Union Collective Agreement 2006 - 2009 (2006 - 2009 Passenger UCA);(b) V/Line Regional Network and Access - Infrastructure - Union Collective Agreement 2007

2009 (2007 - 2009 Infrastructure UCA);(c) V/Line Regional Network and Access - Operations - Union Collective Agreement - 2007

2009 (2007 - 2009 Operations UCA)

"Persons" includes a body politic or corporate as well as an individual.

"RTBU" means Rail Tram and Bus Industry Union.

"Unions" means the RTBU, CEPU and APESMA.

5~e

1.5. STRUCTURE AND INTERPRETATION OF THIS AGREEMENT

1.5.1 The terms in Parts 8, 9 and 10 inclusive are derived from the following awards andEnterprise Agreement and apply as part of this Agreement;

Railways Traffic, Permanent Way and Signaling Wages Staff Award 2002 (AW817741)Railways Salaried Employees (Victoria) Award 2002 (AW815560)Railways Professional Officers Award 2002 (AW817162)Railways Metal Trades Grades Award 2002 (as it applies to Victoria) (AW817167)Works Infrastructure Victorian Railway Infrastructure Maintenance Enterprise Agreement2004

1.5.2 The terms contained in Parts 1 to 7 of this Agreement are to be read in conjunction withthe provisions of Parts 8, 9 and 10. Where there is any inconsistency the provisions ofParts 1 to 7 prevail.

1.5.3 The provisions of Part 10 apply equally to employees to whom the former RailwaysProfessional Officers Award 2002 previously applied under the same terms and conditionsreferred to in 1.5.2.

1.6. PERIOD OF OPERATION

1.6.1 This Agreement will commence to operate seven days after it has been approved byFWA.

1.6.2 The nominal expiry date of this Agreement is 30 June 2012.

1.7 NO EXTRA CLAIMS

1.7.1 As this Agreement contains all terms and conditions of employment that are to apply toEmployees, the Parties covered by this Agreement agree that they will not:

• make any further claims in relation to terms and conditions of employment,wage increases or the employment of employees to be covered by thisAgreement until after the nominal expiry date of this Enterprise Agreement;nor

• engage in any industrial action in support of further claims prior to the nominalexpiry date of this Agreement.

1.8. AIMS OF AGREEMENT

1.8.1 Skill Enhancement

Potential for skills enhancement by V/Line is based upon identifying the skills and staffingrequirements necessary to deliver V/Line services and assessing those needs against thepotential of existing V/Line workforce to meet those demands. Where opportunities existfor Employees to enhance their existing skills and competence in accordance withbusiness and operational needs, V/Line will seek to develop strategies to facilitate that tooccur.

6~e

1.8.2 Continuous Improvement

(a) A formal continuous improvement process designed to drive better businessoutcomes will be developed during the life of the Agreement.

(b) Business improvement teams will be established within each department and haveresponsibility for identification and implementation of initiatives developed.

(c) The Parties covered by this Agreement agree to work together to implement theBIP program through the established consultative processes of clause 2.1 of theAgreement.

1.8.3 Occupational Health and Safety Issues

When a matter involving occupational health and safety arises, it shall be dealt with inaccordance with the provisions of the Occupational Health and Safety Act 2004, Victoria(as amended) and the industry Occupational Health and Safety Agreement.

1.8.4 Personal Protective Equipment

(a) Suitable V/Line issued protective clothing shall be supplied by V/Line and will bereplaced on a fair wear and tear basis upon satisfactory proof.

(b) All Employees who are issued company clothing are required to wear such clothingwhilst performing duties at work

(c) It is also a condition of employment that all Employees wear a high visibility safetyvest at all times where required. It is also a requirement to wear all otherappropriate safety clothing and protective equipment provided, whilst working inthe business, and to ensure its proper care, maintenance and storage.

(d) In the first instance, wherever suitable Australian-made clothing and equipmentcan be economically sourced, it shall be used in favour of articles manufacturedoutside of Australia.

1.8.5 Facilities

V/Line shall continue to provide facilities including the provision of lockers, drinking andboiling water, appropriate protective clothing, heating and cooling, ventilation and restroom facilities. Any disagreement regarding the adequacy of facilities shall be dealt withthrough the Consultative Process and/or the Dispute Settlement Procedure containedherein. The employer will provide the necessary resources to enable Employees to safelyperform their duties, with particular attention to working away from headquarters/depot.

7l P a g e

1.9 ANTI-DISCRIMINATION

It is the intention of the Parties covered by this Agreement to respect and value thediversity of the work force by helping to prevent and eliminate discrimination on the basisof race, colour, sex, sexual preference, age, physical or mental disability, marital status,family or carer's responsibilities, pregnancy, religion, political opinion, national extractionor social origin.

Accordingly, in fulfilling their obligations the Parties covered by this Agreement must makeevery endeavour to ensure that neither the Agreement's provisions nor their operation aredirectly or indirectly discriminatory in their effects.

Nothing in this clause is taken to affect:

(a) any different treatment (or treatment having different effects) which is specificallyexempted under the Commonwealth anti-discrimination legislation;

(b) an Employee, Employer or registered organisation, pursuing matters of discriminationin any State or Federal jurisdiction, including by application to the Human Rights andEqual Opportunity Commission; and

(c) the exemptions in section 351 of the Act.

8~e

PART 2 - CONSULTATION AND DISPUTE RESOLUTION

2.1 CONSULTATION

2.1.1 Introduction of Change

When V/Line is contemplating introducing major changes in production, program,organisation, structure or technology that are likely to have significant effects onEmployees, V/Line shall consult with the Employees who may be affected by theproposed changes and where applicable, their representative.

2.1.2 Significant Effects

"Significant effects" includes termination of employment of Employees, major changes inthe composition, operation or size of V/Line Passenger's workforce or in the skills requiredof Employees; the elimination or diminution of job opportunities, promotion opportunities orjob tenure; the alteration of hours of work; the need for retraining of Employees or transferof Employees to other work locations and the restructuring of jobs. For the purposes of thisclause, where the Agreement makes provision for alternation of any of the matters referredto herein, an alteration shall be deemed not to have significant effect.

2.1.3 Employer's Duty to Discuss Change

(a) V/Line shall discuss with the Employees affected and where applicable, therelevant Union(s) or a representative of the Employee's choice, the introduction ofthe changes referred to in the this clause, the effects the changes are likely to haveon Employees and shall give prompt consideration to matters raised by theEmployees and where applicable, an Employee's representative in relation to thechanges.

(b) The discussions shall commence as early as practicable after a definite decisionhas been made by V/Line to make the changes referred to in the clause above.

(c) For the purposes of such discussion, V/Line shall provide in writing to theEmployees concerned and where applicable, a representative of the Employee'schoice and relevant Union(s), all relevant information about the changes includingthe nature of the changes proposed, the expected effects of the changes onEmployees and any other matters likely to affect Employees provided that V/Lineshall not be required to disclose confidential information the disclosure of whichwould be detrimental to V/Line's interests.

2.1.4 Nothing in this clause requires or permits V/Line to provide information about Employeesto the other Parties covered by this Agreement except where the provision of thatinformation is required or authorised by law.

9~e

2.2. DISPUTE SETTLEMENT PROCEDURES

2.2.1 Resolution of disputes and grievances

(a) Unless otherwise provided for in this Agreement, a dispute or grievance about amatter arising under this Agreement or a matter regarding the NationalEmployment Standards, must be dealt with in accordance with this clause,excluding any dispute in relation to an occupational health and safety issue or thetermination of employment.

(b) This clause does not apply to any dispute on a matter or matters arising in thecourse of bargaining in relation to a proposed enterprise agreement.

(c) The Parties covered by this Agreement may choose to be represented at any stageby a representative, including a union representative or employer organisation.

2.2.2 Obligations of the parties

(a) The parties to the dispute or grievance agree to genuinely attempt to resolve thedispute or grievance through the processes set out in this clause and will cooperate to ensure that these processes are carried out expeditiously.

(b) Whilst a dispute or grievance is being dealt with in accordance with this clause,work must continue in accordance with usual practice as it existed prior to theissue which caused the dispute, provided that this does not apply to an Employeeor an Employer who has a reasonable concern about an imminent risk to theEmployee's health and safety, and where applicable, the Employee has advisedthe Employer of this concern and has not unreasonably failed to comply with adirection by the Employer to perform other available work that is safe andappropriate for the Employee to perform.

(c) Where a dispute exists and whilst that dispute remains unresolved and is beingaddressed through this procedure, the parties will return to the situation andarrangement that existed prior to the issue which caused the dispute, such that noparty is prejudiced during the process to resolve the matter.

2.2.3 Agreement and Dispute Settlement Facilitation

For the purposes of compliance with this dispute settlement where the chosen employeerepresentative is another Employee of the Employer, he/she must be released by his/herEmployer from normal duties for such periods of time as may be reasonably necessary toenable him/her to represent Employees concerning matters pertaining to the employmentrelationship including but not limited to:

(a) investigating the circumstances of a dispute or an alleged breach of thisAgreement;

(b) endeavoring to resolve a dispute arising out of the operation of the Agreement; or

(c) participating in conciliation, arbitration or any other agreed alternative disputeresolution process.

10~e

The release from normal duties referred to in this clause is subject to the proviso that itdoes not unduly affect the operations of the Employer.

2.2.4 Discussion of grievance or dispute

(a) Step One.

The dispute or grievance must first be discussed by the aggrieved Employee(s)with the employee(s) immediate supervisor.

(b) Step Two.

If the matter is not settled, the Employee(s) can require that the matter bediscussed with another representative of the Employer chosen by the Employerand appointed for the purposes of this procedure. The Employee(s) may choose tohave a representative, which in the case of Union members, may be arepresentative of the relevant Union, present at this discussion.

(c) Step Three.

If the matter is not settled, a party may apply to FWA to have the dispute orgrievance dealt with by conciliation and if conciliation is unsuccessful, arbitration.

(d) The decision of FWA will bind both parties, subject to either party exercising a rightto appeal to the Full Bench of FWA in accordance with section 604 of the Act.

2.2.5 Disputes of a Collective Character

(a) The Parties covered by this Agreement acknowledge that disputes of a collectivecharacter concerning more than one Employee may be dealt with moreexpeditiously by an early reference to FWA.

(b) No dispute of a collective character may be referred to the FWA directly unlessthere has been a genuine attempt to resolve the dispute at the workplace levelprior to it being referred to the FWA.

(c) The decision of FWA will bind both of the parties, subject to either party exercisinga right of appeal to the Full Bench of FWA in accordance with section 604 of theAct.

2.2.6 Conciliation

(a) Where a dispute or grievance is referred for conciliation, a member of FWA shalldo everything that appears to the member to be right and proper to assist theparties to agree on terms for the settlement of the dispute or grievance.

(b) This may include arranging:

(i) conferences of the parties or their representatives presided over by themember; and

(ii) for the parties or their representatives to confer among themselves atconferences at which the member is not present.

(c) Conciliation before FWA shall be regarded as completed when:

111Page

(i) the parties have reached agreement on the settlement of the grievance ordispute; or

(ii) the member of FWA conducting the conciliation has, either of their ownmotion or after an application by either party, satisfied themselves thatthere is no likelihood that within a reasonable period further conciliation willresult in a settlement.

(iii) the parties have informed FWA member that there is no likelihood ofagreement on the settlement of the grievance or dispute and the memberdoes not have substantial reason to regard the conciliation proceedings asnot completed.

2.2.7 Arbitration

(a) If the dispute or grievance has not been settled when conciliation has beencompleted, either party may request that FWA proceed to determine the grievanceor dispute by arbitration.

(b) Where a member of FWA has exercised conciliation powers in relation to thedispute or grievance, the member shall not exercise or take part in the exercise of,arbitration powers in relation to the dispute or grievance if a party objects to themember doing so.

(c) Where such an objection is lodged, the dispute or grievance shall be referred toanother member of FWA as agreed by the parties to the dispute or in the absenceof agreement, allocated by a Presidential member of FWA.

2.2.8 Conduct of Matters before FWA

Subject to any agreement between the parties to the dispute in relation to a particulardispute or grievance and the provisions of this clause, in dealing with a dispute orgrievance through conciliation or arbitration, FWA may conduct the matter inaccordance with Chapter 5, Subdivision B of Division 3 of the Act.

12l...!:....§JJ. e

PART 3 - EMPLOYMENT RELATIONSHIP AND RELATED MATTERS

3.1 TERMS OF EMPLOYMENT

3.1 .1 Letter of Appointment

New Employees will be provided with a letter of appointment outlining the terms andconditions of their employment.

3.1.2 General Requirement - Including Probation

All Employees are engaged on the following basis:

(a) New Employees engaged on a full time, fixed term or part time basis will beemployed on a period of probation of not more than three (3) months at thecommencement of their engagement. For the avoidance of doubt, the probationaryperiod does not affect the minimum period of employment of six months requiredbefore Employees can lodge an unfair dismissal claim under the Act.

(b) All Employees are required to present themselves appropriately dressed for work.

(c) Employees will use safe work practices and properly use all appropriate protectiveclothing and equipment provided by the Employer.

(d) Employees will comply with any reasonable and lawful request of the Employerand, subject to business needs or requirements, consistent with safe-working,policies and practices and the requirements of this Agreement, work reasonableovertime and in accordance with shift rosters which may vary from time to time.

(e) Employees accept that employment in V/Line will be based on job requirementsand work performance.

(f) Employees will participate in training, learning and development programs.

(g) Employees will comply with the Employee grievance resolution and disputessettling procedure.

3.1.3 Basis of Engagement

(a) An Employee whose employment is covered by this Agreement may be employedon a full-time, part-time, fixed term basis.

(b) Except as hereinafter provided, on completion of probation, an Employee shall bedeemed to be a permanent Employee and employed by the week.

(c) Employees may be required to commence or finish their shift at a worksite which isnot their normal base location when, in accordance with operational requirements,it is logical to do so.

(d) In recognition of the need to promote efficiencies in the workplace and inaccordance with these principles Employees may, from time to time, be required

13~e

to perform work that is outside the scope of their 'normal duties' conditional uponthe competence of the Employees.

(e) Employees will be required to participate in agreed training and programs.Training may be provided both within and outside normal hours of work unlessotherwise specified in this Agreement.

3.1.4 Full-Time Employees

A full-time Employee is an Employee who has been employed on an ongoing basis inaccordance with this Agreement.

3.1.5 Part-Time Employment

(a) Employees may be engaged to work on a part-time basis involving a regularpattern of hours which shall average less than 38 hours per week over 16 weeks.Before commencing part-time employment, the Employer and the Employeesconcerned must agree upon (the agreement):-

(i) The average ordinary hours of work to be worked;

(ii) The days upon which they will be worked;

(iii) Starting and finishing times; and

(iv) The classification applying to the work to be performed.

(b) The Employees concerned are entitled to be paid for all hours worked by them inaccordance with this clause.

(c) The terms of the agreement may be varied by mutual consent.

(d) The agreement and any variations to it shall be in writing and retained by theEmployer. A copy of the agreement and any variation shall be provided by theEmployer to the Employees concerned.

(e) Otherwise, the terms of this Agreement shall apply pro rata to part-time Employeeson the basis that ordinary weekly hours for full-time Employees are 38.

(f) Part-time Employees required by the employer to work in excess of the agreedaverage hours shall be paid overtime for such hours.

(g) Part-time Employees whose normal paid hours fall on a public holiday, but whoare not required to work that day shall not lose pay for that day. Part-timeEmployees required to work on such public holiday shall be paid in accordancewith clause 6.3.5 - Public holidays.

(h) All forms of paid leave accrue on a pro rata basis having regard to the averageordinary hours worked.

14~e

3.1.6 Fixed Term Employment

A fixed term Employee is an Employee who has been engaged under a contract thatspecifies the time at which employment will end. For the avoidance of doubt, termsrelating to termination and redundancy pay will not apply to a fixed term Employee.

3.2 ALTERNATIVE EMPLOYMENT AGREEMENT

3.2.1 By agreement between V/Line and an individual Employee, who is a manager or atechnical specialist, employed under this Agreement; that Employee may elect to beemployed under the terms of an alternative employment agreement (AEA).

An AEA may:

(a) exclude the operation of specified provisions of this document such as thosedealing with rates of pay, higher duties and flexible hours arrangements;

(b) provide an annualised or aggregated salary arrangement; and/or(c) provide a salary sacrifice arrangement under which any additional costs to

the Employer arising from the arrangement are met from the Employee's salary.

3.2.2 Where an Employee chooses this option the net effect is as follows:

(a) An AEA does not amount to a contracting out of this Enterprise Agreement.

(b) This Agreement shall, for the purposes of the Act relevant regulations, continue tobind V/Line in relation to the wages and conditions of the employment ofEmployees who elect to enter into an AEA and those Employees shall continue tobe employed under the Agreement for the purpose of the Act and Regulations.

(c) Where there is an inconsistency between this Agreement and the AEA then theAEA will apply to the extent of any inconsistency, provided that the Employee isbetter off overall than they would be if no AEA was made.

(d) In cases where Employees no longer wish to be employed under the terms of anAEA, V/Line or the Employee may terminate the AEA"

i. by giving no more than twenty eight (28) days written notice to the otherparty to the AEA; or

ii. if V/Line and the Employee agree in writing, at any time.

3.2.3 The content of the AEA will be agreed between V/Line and, the relevant Employee and, ifrequested, their representative provided that:

(a) The AEA is about matters that would be permitted matters if the arrangement werean enterprise agreement;

(b) The AEA does not include a term that would be an unlawful term of thearrangement were an enterprise agreement; and

(c) The AEA is genuinely agreed by V/Line and the Employee.

3.2.4 The AEA must include details of:

(a) the terms of the Agreement that will be varied by the arrangement;

(b) how the arrangement will vary the effect of the terms; and

15~e

(c) how the Employee will be better off overall in relation to the terms and condition ofhis or her employment as a result of the AEA; and

(d) states the day on which the AEA commences.

3.2.5 The terms of the AEA will:

(a) be in writing; and

(b) include the name of V/Line and the Employee; and

(c) be signed by V/Line and the Employee and if the Employee is under 18years of age, signed by a parent or guardian of the Employee.

3.2.6 V/Line must give the Employee a copy of the AEA within 14 days after it is agreed to.

3.3 APPRENTICEITRAINEES

3.3.1 Apprentice/Trainee Agreement

ApprenticeslTrainees, both new and existing Employees, shall be trained for qualificationin accordance with an accredited training course prescribed and provided by a relevanttraining organisation engaged by V/Line for the purpose.

A suitable document describing the terms of the arrangement shall be provided to theApprenticelTrainee.

ApprenticeslTrainees shall not be required to work overtime unless over eighteen (18)years of age. When an ApprenticelTrainee is required to attend a technical college orschool as part of their training on a day that they are rostered off, they shall observe analternate rostered day off as agreed with V/Line.

3.3.2 ApprenticelTrainee Rates of Pay

ApprenticeslTrainees shall be paid the following percentages of the ordinary base rate ofpay of the relevant classification to which the ApprenticeshiplTraineeship applies:

Year

1

2

3

4

Signals &Communication % of

Rate

50

65

75

88

3.3.3 Existing Employees

An existing Employee may be offered the opportunity of undertaking anApprenticeshiplTraineeship. An existing Employee who agrees to become anApprenticelTrainee shall have their pre-ApprenticeshiplTraineeship rate of paymaintained, in accordance with the pay increases contained herein, until such time as theApprenticelTrainee rate should equal or exceed such rate.

161 P age

3.3.4 Provision of Tools

V/Line will continue to provide a first up issue of tools ordinarily required by tradespersonsor apprentices in the performance of their work. Replacement of tools is the responsibilityof the tradesperson or apprentice. Specialised tools will continue to be provided byV/Line.

Tradespersons or apprentices shall replace or pay for any tools supplied by V/Line if lostthrough their negligence.

3.4 INDIVIDUAL FLEXIBILITY AGREEMENT

3.4.1 V/Line and an Employee covered by this enterprise agreement may agree to make anindividual flexibility arrangement (IFA) to vary the effect of the terms of this Agreement if:

(a) the terms that may be subject to an IFA are those matters contained in clause6.1.9

(b) the arrangement meets the genuine needs of V/Line and the Employee in relationto one (1) or more of the matters mentioned in paragraph (a); and

(c) the arrangement is genuinely agreed to by V/Line and the Employee.

3.4.2 An Employee may nominate a representative to assist in negotiations for an IFA.

3.4.3 V/Line will ensure that the terms of the individual flexibility arrangement:

(a) are about permitted matters under section 172 of the Act;

(b) are not unlawful terms under section 194 of the Act;

(c) result in the Employee being better off overall than the Employee would be if noarrangement was made; and

(d) does not have an adverse effect on the wages and conditions and workingarrangements of any other Employee covered by this Agreement.

3.4.4 Terms of the individual flexibility arrangement will:

(a) be in writing; and

(b) include the name of V/line and the Employee; and

(c) be signed by V/Line and the Employee and if the Employee is under 18 years ofage, signed by a parent or guardian of the Employee; and

(d) include details of

(i) the terms of the Agreement that will be varied by the arrangement:

(ii) how the arrangement will vary the effect of the terms; and

17~e

(iii) how the Employee will be better off overall in relation to the terms andconditions of his or her employment as a result of the individual flexibilityarrangement; and

(e) states the day on which the individual flexibility arrangement commences.

3.4.5 V/Line must give the Employee a copy of the individual flexibility arrangement withinfourteen (14) days after it is agreed to.

3.4.6 V/Line or the Employee may terminate the individual flexibility arrangement:

(a) by giving no more than twenty eight (28) days written notice to the other party tothe individual flexibility arrangement; or

(b) if V/Line and the Employee agree in writing - at any time.

3.4.7 V/Line shall inform the relevant union/s party to this Agreement when it intends tonegotiate an individual flexibility agreement with an Employee covered by this Agreementand of the nature of any such agreement. The term "relevant union/s" in this contextmeans the union that represents the Employee or class of Employee to which theindividual belongs. Nothing in this clause requires or permits V/Line to provide informationabout Employees to other Parties covered by this Agreement except where the provisionof that information is required or authorised by law.

3.5 TERMINATION OF EMPLOYMENT

It is the policy of V/Line to have fair and equitable and consistent disciplinary proceduresin the workplace for the purpose of ensuring acceptable behaviour.

3.6 STAND DOWN

3.6.1 In addition to the provisions of clause 3.5 above, V/Line may deduct payment for any timeduring which Employees cannot be usefully employed in the classes or grades of work inwhich those Employees are usually employed, because of any strike or lockout by anypersons whomsoever, or any other cause whatsoever for which the Employer cannotjustly be held responsible, subject to the following conditions:

3.6.2 When the Employer proposes to exercise the right conferred by this clause, it shall notifyEmployees affected. During the period such notification remains in force the Employeesaffected shall be deemed to be stood-down.

3.6.3 Employees who are thus stood-down shall be treated for all purposes, other than paymentof wages, as otherwise having continuity of service and employment.

3.6.4 Employees who are thus stood-down may at any time during the period they are stooddown, terminate their employment without notice and shall be entitled to receive as soonas practicable, all wages and other payments to which they are entitled up to the time oftermination.

3.6.5 Employees whose employment is terminated under clause 3.6.4 shall for all purposes,other than payment in lieu of notice, be treated as if their employment had beenterminated by the Employer without default of the Employee.

18~e

3.6.6 Employees who are thus stood-down shall be at liberty to take other employment and, insuch event, it shall be a reasonable excuse for not reporting for duty after being notifiedthat they are required to attend for work with the Employer that they are working out aperiod of notice not exceeding one week which they are required to give in such otheremployment. In such instances, the Employees shall, if required by the Employer, furnisha statutory declaration setting out details of such other employment.

3.6.7 Employees whom the Employer proposes to stand-down shall on application, be entitledto take any annual leave and accrued days to which they are entitled or which is accruingto them.

3.6.8 The Employer shall not be entitled to deduct payment for any public holiday which occursduring the period in which Employees are stood down and for which payment would bedue in the ordinary course, except to the extent that Employees have become entitled topayment for the public holiday in other employment. Employees claiming payment for apublic holiday shall, if required by the Employer, provide a statutory declaration setting outdetails of other employment during this period and the remuneration received there from.

3.7 REDUNDANCY

3.7.1 Where V/Line has made a decision that it no longer wishes the job an Employee had beendoing done by anyone and this is not due to ordinary and customary turnover of labour,and that decision may lead to termination of employment, V/Line will hold discussions withthe affected Employee and, where elected by the Employee, their representative(s) in anendeavour to redeploy the Employee to another position if a suitable vacancy exists.

3.7.2 The discussions shall take place as soon as is practicable after V/Line has made a definitedecision and shall cover any reasons for the proposed terminations, measures to avoid orminimise the terminations and measures to mitigate any adverse effects of anyterminations on the employee(s) concerned.

3.7.3 For the purposes of the discussion V/Line shall, as soon as practicable after making adecision but before any terminations, provide in writing to the Employee(s) concerned andwhere, elected by an Employee, the Employee's nominated representative, all relevantinformation about the proposed terminations, including opportunities for redeployment intoanother position.

3.7.4 In the event that redundancies are still necessary after following the procedures set outabove Employees concerned will be entitled to a redundancy package as approved byGovernment.

3.7.5 Nothing in this clause 3.7 requires or permits V/Line to provide information aboutEmployees to other Parties covered by this Agreement except where the provision of thatinformation is required or authorised by law.

19~e

3.8 ABANDONMENT OF EMPLOYMENT3.8.1 The absence of an Employee from work for a continuous period exceeding three working

days without the consent of the Employer and without notification to the Employer shall beprima facie evidence that the Employee has abandoned their employment;

3.8.2 Provided that if within a period of fourteen days from their last attendance at work or thedate of their last absence in respect of which notification has been given or consent hasbeen granted and the Employee has not established to the satisfaction of the Employerthat they were absent for reasonable cause, the Employee shall be deemed to haveabandoned their employment; and

3.8.3 Termination of employment by abandonment in accordance with this subclause shalloperate as from the date of the last attendance at work or the last day's absence inrespect of which consent was granted, or the date of the last absence in respect of whichnotification was given to the Employer, whichever is the later.

201 P age

PART 4 - RATES OF PAY AND RELATED MATTERS

4.1 CLASSIFICATION STRUCTURE

The classification structure and rates of pay set out in the following Table shall apply from 1 July2009.

21 I P s.s e

4.2 CLASSIFICATION AND RATES OF PAYTable A -Infrastructure Track Maintenance Grades

Hourly Rates

HourlyPay Equivalent 01/07/2009 01/01/2010 01/07/2010 01/01/2011 01/07/2011 01/01/2012

Level Classification Weekly Rate $ +2% +2% +2% +3% +3% +3%

IMW3.5 Road Foreman $ 1,411.80 $ 37.1527 $ 37.8958 $ 38.6537 $ 39.4267 $ 40.6095 $ 41.8278 $ 43.0827(148%) - Class 2

IMW3.4 Road Foreman $ 1,334.80 $ 35.1264 $ 35.8289 $ 36.5455 $ 37.2764 $ 38.3947 $ 39.5466 $ 40.7329- Class 1

MPM TrackMaintenance $ 1,334.80 $ 35.1264 $ 35.8289 $ 36.5455 $ 37.2764 $ 38.3947 $ 39.5466 $ 40.7329Supervisor

IMW3.3 Plant $ 1,258.61 $ 33.1213 $ 33.7837 $ 34.4594 $ 35.1486 $ 36.2030 $ 37.2891 $ 38.4078(132%) Supervisor

Special Ganger $ 1,258.61 $ 33.1213 $ 33.7837 $ 34.4594 $ 35.1486 $ 36.2030 $ 37.2891 $ 38.4078- Class 2

IMW3.2 Assistant$ $ 31.1162 $ 31.7385 $ 32.3733 $ 33.0208 $ 34.0114 $ 35.0317 $ 36.0827(124%) Track Mtce 1,182.42

Supervisor

221 P age

Table A • Infrastructure Track Maintenance GradesHourly Rates



Special Ganger $ 1,182.42 $ 31.1162 $ 33.0208 $ 34.0114 $ 35.0317 $ 36.0827-Class 1

Senior Plant $ 1,182.42 $ 31.1162 $ 31.7385 $ 32.3733 $ 33.0208 $ 34.0114 $ 35.0317 $ 36.0827Fitter

IMW3.1 Ganger $ 1,106.22 $ 29.1111 $ 30.8929 $ 31.8197 $ 32.7743 $ 33.7575(116%) - Class 3

Experienced$ 1,106.22 $ 29.1111 $ 29.6933 $ 30.2872 $ 30.8929 $ 31.8197 $ 32.7743 $ 33.7575Plant Fitter

(All Facets)

Senior Plantl $ 1,106.22 $ 29.1111 $ 29.6933 $ 30.2872 $ 30.8929 $ 31.8197 $ 32.7743 $ 33.7575Fitter Operator

Special Ganger In transition to IMW 3.2 from 1 July 2010 $ 29.6933 $ 30.2872- Class 1

IIMW2.5 Ganger In transition to IMW 3.1 from 1 July 2010 $ 27.6481 $ 28.2011(108 %) - Class 3

Ganger $ 1,030.03 $ 27.1060 $ 28.7651 $ 29.6281 $ 30.5169 $ 31.4324- Class 2

23 I-'=-j> 9 e

Table A -Infrastructure Track Maintenance GradesHourly Rates



ExperiencedPlant Fitter (2 $ 1,030.03 $ 27.1060 $ 27.6481 $ 28.2011 $ 28.7651 $ 29.6281 $ 30.5169 $ 31.4324or more facetsor specialist)

ExperiencedTrade Qualified $ 1,030.03 $ 27.1060 $ 27.6481 $ 28.2011 $ 28.7651 $ 29.6281 $ 30.5169 $ 31.4324

TamperOperator

IMW2.4 Ganger In transition to IMW 2.5 from 1 July 2010 $ 26.6254 $ 27.1579(104 %) - Class 2

Ganger $ 991.93 $ 26.1033 $ 27.7010 $ 28.5321 $ 29.3880 $ 30.2697- Class 1

Track Inspector$ 991.93 $ 26.1033 $ 27.7010 $ 28.5321 $ 29.3880 $ 30.2697- Class 2

Specialist Rail $ 991.93 $ 26.1033 $ 26.6254 $ 27.1579 $ 27.7010 $ 28.5321 $ 29.3880 $ 30.2697Plant Operator

Safe working$ 991.93 $ 26.1033 $ 26.6254 $ 27.1579 $ 27.7010 $ 28.5321 $ 29.3880 $ 30.2697Coordinator

-Class 2

241 P age

Table A· Infrastructure Track Maintenance GradesHourly Rates



Tradesperson(with minimum $ 991.93 $ 26.1033 $ 26.6254 $ 27.1579 $ 27.7010 $ 28.5321 $ 29.3880 $ 30.2697

12 monthsexperience)

Welder $ 991.93 $ 26.1033 $ 26.6254 $ 27.1579 $ 27.7010 $ 28.5321 $ 29.3880 $ 30.2697- Class 3

IMW2.3 Ganger In transition to IMW 2.4 from 1 July 2010 $ 25.6029 $ 26.1150(100 %) - Class 1

ITrack

In transition to IMW 2.4 from 1 July 2010 $ 25.6029 $ 26.1150Inspector- Class 2

Way Maintainer $ 953.83 $ 25.1009 $ 25.6029 $26,1150 $ 26.6373 $ 27.4364 $ 28,2595 $ 29.1073- Class 4

Track$ 953,83 $ 25.1009 $ 25.6029 $ 26.1150 $ 26.6373 $ 27.4364 $ 28.2595 $ 29.1073Inspector

- Class 1

Safeworking$ 953.83 $ 25.1009 $ 25.6029 $ 26.1150 $ 26.6373 $ 27.4364 $ 28.2595 $ 29.1073Coordinator

- Class 1

Plant Fitter$ 953.83 $ 25.1009 $ 25.6029 $ 26,1150 $ 26.6373 $ 27.4364 $ 28.2595 $ 29.1073

(1 st 12 months)

251 P age


HourlyPay Equivalent 01/07/2009 01/01/2010 01/07/2010 01101/2011 01/07/2011 01/01/2012


ExperiencedRegulator

$ 953.83 $ 25.1009 $ 25.6029 $ 26.1150 $ 26.6373 $ 27.4364 $ 28.2595 $ 29.1073Operator (notrade)/TamperOperator (no

trade)

IMW2.2 Way Maintainer$ 915.53 $ 24.0930 $ 24.5749 $ 25.0664 $ 25.5677 $ 26.3347 $ 27.1248 $ 27.9385(96 %) - Class 3

Heavy Rail$ 915.53 $ 24.0930 $ 24.5749 $ 25.0664 $ 25.5677 $ 26.3347 $ 27.1248 $ 27.9385Plant Operator

(as defined)

Welder - $ 915.53 $ 24.0930 $ 24.5749 $ 25.0664 $ 25.5677 $ 26.3347 $ 27.1248 $ 27.9385Class 2

IMW2.1 Way Maintainer $ 876.66 $ 23.0700 $ 23.5314 $ 24.0020 $ 24.4821 $ 25.2165 $ 25.9730 $ 26.7522(92 %) - Class 2

Medium Rail $ 876.66 $ 23.0700 $ 23.5314 $ 24.0020 $ 24.4821 $ 25.2165 $ 25.9730 $ 26.7522Plant Operator

Welder $ 876.66 $ 23.0700 $ 23.5314 $ 24.0020 $ 24.4821 $ 25.2165 $ 25.9730 $ 26.7522- Class 1

261 P age




IMW1.3 Way Maintainer$ 829.67 $ 21.8333 $ 22.2700 $ 22.7154 $ 23.1697 $ 23.8648 $ 24.5807 $ 25.3181

(87%) - Class 1

24 Months$ 829.67 $ 21.8333 $ 22.2700 $ 22.7154 $ 23.1697 $ 23.8648 $ 24.5807 $ 25.3181Service and

Quais

IMW1.2 12 Months$ 801.04 $ 21.0801 $ 21.5017 $21.9317 $ 22.3704 $ 23.0415 $ 23.7327 $ 24.4447

(84 %) Service andQuais

IMW1.1Entry Level $ 762.74 $ 20.0722 $ 20.4736 $ 20.8831 $ 21.3008 $ 21.9398 $ 22.5980 $ 23.2759

(80 %)

Notes:1 Position Reserved in respect of positions in "Structures and Civil Works".2 LevellMW 2.1 increased by 1% to achieve consistent relativity gaps of 4% within IMW 2 range3 IMW 2.5 equates to former IMW 2.4 and new IMW 2.4 created as mid point between IMW 2.3 and new IMW 2.5

271Page

Table 8 - Signals & Electrical GradesHourh Rates

HourlyPay Weekly Equivalent 01/07/2009 01/01/2010 01/07/2010 01/01/2011 01/07/2011 01/01/2012

Level Classification Rate $ +2% +2% +2% +3% +3% +3%IMW3.8(187%)

Senior S&C Officer - Grade 5 $ 1,784.33 $ 46.9559 $ 47.8951 $ 48.8530 $ 49.8300 $ 51.3249 $ 52.8647 $ 54.4506

IMW3.7(178 %) Senior S&C Officer - Grade 4 $ 1,697.28 $ 44.6654 $ 45.5587 $ 46.4698 $ 47.3992 $ 48.8212 $ 50.2859 $ 51.7944

IMW3.6(156 %) Senior S&C Officer - Grade 3 $ 1,486.05 $ 39.1066 $ 39.8888 $ 40.6865 $ 41.5003 $ 42.7453 $ 44.0276 $ 45.3485

IMW3.5(148%) S&C Supervisor $ 1,411.80 $ 37.1527 $ 37.8958 $ 38.6537 $ 39.4267 $ 40.6095 $ 41.8278 $ 43.0827

IMW3.4 Senior Signal Maintenance(140%) Technician $ 1,334.80 $ 35.1264 $ 35.8289 $ 36.5455 $ 37.2764 $ 38.3947 $ 39.5466 $ 40.7329

IMW3.3 Senior Signal Maintenance(132%) Technician $ 1,258.61 $ 33.1213 $ 33.7837 $ 34.4594 $ 35.1486 $ 36.2030 $ 37.2891 $ 38.4078

IMW3.2(124%) Signal Maintenance Technician $ 1,182.42 $ 31.1162 $ 31.7385 $ 32.3733 $ 33.0208 $ 34.0114 $ 35.0317 $ 36.0827

IMW3.1(116%) Signal Maintenance Technician $ 1,106.22 $ 29.1111 $ 29.6933 $ 30.2872 $ 30.8929 $ 31.8197 $ 32.7743 $ 33.7575

IMW2.6 First Line(Admin) Maintainer $ 1,080.02 $ 28.4216 $ 28.9900 $ 29.5698 $ 30.1612 $ 31.0661 $ 31.9980 $ 32.9580

IMW2.5 Experienced(108%) Tradesperson $ 1,030.03 $ 27.1060 $ 27,6481 $ 28.2011 $ 28.7651 $ 29.6281 $ 30.5169 $ 31.4324

281 P age

Table 8 - SiQnals & Electrical GradesHourlv Rates

HourlyPay Weekly Equivalent 01/07/2009 01/01/2010 01/07/2010 01/01/2011 01/07/2011 01/01/2012

Level Classification Rate $ +2% +2% +2% +3% +3% +3%

IMW 2.4A(Admin) Works Leader $ 1,003.20 $ 26.4000 $ 26.9280 $ 27.4666 $ 28.0159 $ 28.8564 $ 29.7221 $ 30.6137

IMW 2.4 Tradesperson (with minimum 12(104 %) months experienced) $ 991.99 $ 26.1049 $ 26.6270 $ 27.1595 $ 27.7027 $ 28.5338 $ 29.3898 $ 30.2715

IMW2.3 Tradesperson(100 %) (1st 12 months) $953.83 $ 25.1009 $ 25.6029 $ 26.1150 $ 26.6373 $ 27.4364 $ 28.2595 $ 29.1073

Apprentices: (Signals - Electrical Grades Only)

4th year $ 839.34 $ 22.0879 $ 22.5297 $ 22.9803 $ 23.4399 $24.1431 $ 24.8673 $ 25.6134

3rd year $ 715.18 $ 18.8204 $ 19.1968 $ 19.5807 $ 19.9724 $ 20.5715 $ 21.1887 $ 21.8243

2nd year $ 620.03 $ 16.3166 $ 16.6429 $ 16.9758 $17.3153 $ 17.8348 $ 18.3698 $ 18.9209

1st year $ 476.92 $ 12.5504 $ 12.8014 $13.0574 $13.3186 $ 13.7181 $ 14.1297 $ 14.5536

29 L? age

NOTES:

1. Appointment of Signal Maintenance Technicians to level IMW 3.1 is subject to possession of qualifications in each of thefollowing Certificates or their equivalent:

Certificate III level in Electro technology in Rail SignallingCertificate IV - Rail & Tram Signalling SystemsCertificate IV - Computer Systems

2. Advancement of Signal Maintenance Technicians from IMW 3.1 to IMW 3.2 is subject to satisfactory completion of twelvemonths service and demonstrated competence at level 3.1.

3. Appointment to Senior Signal Maintenance Technician at IMW 3.3 is subject to possession of a Certificate V in Diploma I RailSignalling or other relevant equivalent.

4. Advancement to IMW 3.4 is subject to satisfactory completion of twelve months service and demonstrated competence atlevel IMW 3.3.

5. Existing positions of First Line Maintainer will be retained for so long as existing incumbents remain in these positions afterwhich time they will be abolished.

6. Existing positions of Works Leader will be maintained for so long as existing incumbents continue in these positions afterwhich time they will be abolished.

7. APESMA has sought and V/Line has agreed to allow a reservation of rights to pursue a review of current rates paid in theSignals and Communications structure at levels IMW 3.5 and above.

30 I P age

4.3 RATES OF PAY

The rates of pay payable to Employees covered under this Agreement are set out inclause 4.2 of this Agreement.

4.3.1 Rate Increases

Wage adjustments will be made in accordance with the following schedule, which is inrecognition of the joint commitment to identify, evaluate and implement business andorganisational improvements as outlined in this Agreement.

An overall increase in wages of 15%, during the life of the Agreement will be paid as perthe following schedule:

Effective from first full pay period to Increasecommence on or after:

1 July 2009 2%1 January 2010 2%1 July 2010 2%

1 January 2011 3%1 July 2011 3%1 January 2012 3%

All flat dollar amount allowances payable in accordance with this Agreement, except forallowances provided for in clauses 4.6.3 and 4.9.5 will be increased in accordance with theprovisions of this clause.

4.4 PAYMENT OF WAGES & RECOUPMENT OF OVERPAYMENTS

4.4.1 Employees shall be paid fortnightly by electronic funds transfer.

4.4.2 The Parties covered by this Agreement recognise that V/Line may seek the authority of anEmployee to deduct monies OWing from an Employee's termination payment. If themonies owing exceeds the amount of termination payment, the Employee will pay thebalance owing to V/Line on, or before, the date of termination.

It is agreed between the Parties covered by this Agreement, where an overpayment ofsalaries/wages and/or allowances occurs, Employees have an obligation to repay suchmonies. It is acknowledged that when such amounts involve large sums of money andmay potentially cause hardship for the Employee, V/Line will negotiate with the Employeeto arrange a payment plan which eases the hardship.

4.4.3 In the case of no agreement on the terms of repayment, the Employee agrees to makingrepayments which do not exceed one tenth (1/10) of the Employee's salary or wages. TheEmployee may agree to have these amounts deducted from their wages.

4.4.4 Where such repayments/deductions are made, and the Employee still has concerns, theEmployee(s) concerned may apply to the General Manager HR for the weekly amount ofthe repayments to be reduced.

4.4.5 The decision made by the General Manager HR may be appealed in writing to the CEO.

4.4.6 Without derogating from the above, V/Line must consider any proposal made by theEmployee with respect to the repayment of the overpayment before making any deduction.

31~e

4.5 MIXED FUNCTIONS4.5.1 An Employee who is requested to work at a level which attracts a higher rate of pay than

his/her ordinary grade or level, shall be paid the rate applicable to such work for the timeso engaged.

4.5.2 Where the work is for a period of four (4) hours or more, the payment shall be for aminimum of eight (8) hours.

4.5.3 No restrictions shall be placed on the allocation of work on either a higher or lower gradeor level to an Employee where circumstances required, provided that V/Line is satisfiedthe Employee is capable, trained or qualified to perform the work allocated.

4.5.4 Where an Employee has acted in a higher classified position for a period of six (6) monthsor longer (in any continuous twelve (12) month period), the Employee shall receive apersonal classification to the level of the higher position. This shall only apply where thehigher position is vacant with no permanently appointed incumbent.

4.6 ALLOWANCES AND EXPENSESPast practice in relation to allowances and expenses is to be maintained and consists ofthe following:-

4.6.1 Accommodation and Meal Allowances

(a) V/Line shall provide reasonable accommodation and meals to Employees who arenot able to return home each night while engaged on work. "Reasonableaccommodation and meals" shall mean lodging in a well kept establishment withthree adequate meals each day, adequate furnishings, good bedding, good floorcoverings, good lighting and heating with hot and cold running water, in either asingle room or twin room if a single room is not available. Where it is notpracticable for V/Line to provide such accommodation and meals or the inability toreturn home is irregular, then Employees shall be paid travel and incidentalexpenses pursuant to clauses specified in Part 9 of this Agreement.

(b) The amount of the meal allowance shall be payable to Employees pursuant toclauses specified in Part 9 of this Agreement.

4.6.2 "E" Grade / "A" Class Electrical License Allowance

Payment of an 'E' Grade / "An Class Electrical License allowance will be made to allqualified electrical tradespersons who hold a current licence. This allowance shall be paidat the rate of $25.60 for each week.

4.6.3 Construction Site Allowances

(a) The undermentioned rates apply to Employees of V/Line who from time to timemay be required to perform duties on a specific rail project related construction site(as defined) for the time they are:

(i) Engaged in activities (construction or maintenance) on the defined site; or

(ii) Engaged in activities (non-maintenance) supporting the work beingundertaken on the defined site.

(b) Work Site Definitions

The definition of a construction site is considered to be a site where work isundertaken and is not part of the Maintenance & Renewals program and theproject value exceeds $2.4m.

32~e

(c) Projects which attract a Project Allowance (Site Allowance).

Subject to clause 4.6.3(b) above, the following work attracts a Project Allowance(Site Allowance):

(i) Major Upgrades - Work which involves the complete removal oftechnically redundant infrastructure and replacement with new technology.

(ii) Amplifications - Work which involves linear "extension" and/or gradeseparation of existing infrastructure on an existing railway corridor such aspassing lanes, track duplication, track re-routing etc.

(iii) New Construction - Work which involves the construction of newinfrastructure on a corridor not previously used for rail such as buildingsites, by-passes and yards not on railway reserves.

(d) Projects which do not attract a Project Allowance (Site Allowance).

The following work is considered general railway activity and will not attract anyspecific project allowance (site allowance):

(i) Maintenance - Spot track surfacing, geometry corrections, weld/rail faultcorrections including associated aluminothermic welding; distressing; ad hoctie/transom replacement; drain clearing; vegetation clearing; fire breaks;platform adjustments; signal lamp replacements/adjustments; signagereplacement; painting; access road re-instatement; bituminous surfacerepairs; fencing repairs; cleaning; lubrication and servicing; and points andcrossings component replacement and adjustment.

(ii) Refurbishment - In face track surfacing; dip/peak corrections including railbending/grinding/aluminothermic welding; rail grinding; tie renewal;distressing adjustments following mechanised activities; and generalreplacement work on a "like for like" basis including but not limited to tierenewal, bridge/structure/platforms, Level Crossing component/pavement,points and crossings, and rail/signalling replacements and/or relocations.

(iii) Upgrades - Generally, as per Refurbishment, but where replacementcomponents are of a technological and/or operational higher standard suchas concrete sleepering in lieu of timber, concrete bearers in lieu of timber,signalling CBI in lieu of relays, gauge conversions, dual gauging etc.

(e) Allowance Procedure

(i) This Procedure shall apply to railway project works in the State of Victoria.Further, it is expressly agreed by the Parties covered by this Agreementthat Project Allowances will not be claimed for any project where the projectvalue is below $2.4m million.

(ii) A Site Allowance shall be paid at the appropriate rate per hour flat for hoursworked, to compensate for all special factors and/or disabilities on a projectand in lieu of confined space, wet work, dirty work, second-hand equipmentand fumes. Special rates clauses and disability payments (other thanmentioned above) referred to in this Agreement, shall be applied as andwhen incurred, in accordance with the relevant provisions in Part 9 in thisAgreement.

(iii) The Parties covered by this Agreement agree to consult where required toclarify whether work to be undertaken is considered to be constructionactivity for the purposes of this clause.

(f) Site Allowance/Rates

33 J..f..i!J1 e

Project Value $m Site Allowance $Per Hour

2.4 - 6.5 2.14

6.6 -16.0 2.52

16.1 - 32.1 2.89

32.2 - 64.1 3.27

64.2 -128.3 3.65

128.4 - 192.3 4.02

192.4 - 256.4 4.40

256.5 - 384.7 4.82

For Projects above $384.7million, there shall be an increment of 10cents per additional $1 OOm or part thereof.

(g) The rates shall be reviewed no later than 30 September 2010 and thereafter foreach subsequent year of the Agreement taking into account movements in theCPI.

4.7 CONSTRUCTION SITE JUMP UP CLAUSE4.7.1 This clause applies for the time that an Employee is performing work on sites where the

work being carried out is for external clients and the work being undertaken by anEmployee meets one of the following criteria:

(a) Work is undertaken within the defined site, or

(b) Electrical isolations are being provided in the field adjacent to and for the site, or

(c) Repair of damages caused by the activities of the site.

4.7.2 To compensate for additional rostered days off and fares and travelling allowance thatapply to the construction industry, an employee shall be paid an allowance of $3.58 perhour for a maximum of eight (8) hours per shift. The rate shall be reviewed no later than 30September, 2010 and thereafter for each subsequent year of the Agreement taking intoaccount the CPI movement.

4.7.3 A construction site is considered to be a site where work is undertaken and is not part ofthe Maintenance & Renewals program and the project value exceeds $2.4m. The Partiescovered by this Agreement agree to consult where required to clarify whether work to beundertaken is considered to be construction activity for the purposes of this clause.

34~e

4.8 CONSTRUCTION SITE MINIMUM WAGE4.8.1 The minimum hourly rate of pay for an Employee engaged on a construction site (as

defined) shall be in accordance with the following table.

TRADE, SALARIED and PROFESSIONAL POSITIONS

01/07/09 I 01/10/09 I 01103/10 I 01/07/10 I 01110/10

$34.8457 $35.6790 $36.5346 I $36.6015 I $37.4779

01/07/11 01/10/11 01/03/12

$38.4648 $39.4264 $40.4121

NON TRADE

01/03/11

$38.4148

01/07/09 01/03/10 01/03/11 01/03112

$24.50 $25.11 $26.36 $27.67

4.8.2 With respect to the rates paid to Track Gangers, and Special Gangers these Employeesshall be treated as trade for this clause only.

4.9 ADDITIONAL CONSTRUCTION CONDITIONS4.9.1 Inclement Weather

• Inclement weather shall mean the existence of rain and or abnormal climatic conditions(whether they be those of hail, snow, cold, high wind, severe dust storm, extreme hightemperature or the like or any combination thereof) by virtue of which it is either notreasonable or not safe for Employees exposed thereto to continue working whilst thesame prevail. High temperature for the purposes of this clause shall be deemed to be 35°cor higher. (NB: This clause only applies to Employees engaged on recognisedconstruction activities on designated construction sites and will not necessarily haveapplication to other facets of the company's activities.)

• During a period of inclement weather Employees may be required to complete theirassigned work and for such work shall be paid at the rate of single time in addition to theirrate at the time of the inclement weather calculated to the next hour, and in the case ofwet weather has clearly ended, the Employees shall resume work at normal rates and thetime shall be similarly agreed and noted.

• Where it is necessary an Employee shall work during periods of inclement weather toenable the rail network to remain safe whilst mobile plant or Employees of the company orcontractors Employees are restoring the rail network to normal operating conditions.

• Except as provided above, no Employee shall be required to work exposed to inclementweather conditions. For the purposes of this clause an Employee operating machineryfitted with a functional weatherproof cab shall not be deemed to be exposed to inclementweather.

4.9.2 All shift work shall be paid at the rate of double time for all hours worked.

4.9.3 Where there is a need to perform continuing work on a Saturday or Sunday and due to theintermittent resulting overtime and shift work over the period of the project, the followingwill apply;

(a) If Saturday night work is worked then the Employee has Monday off work with pay;

(b) If Sunday night is worked then the Employee has Monday off with pay to provide a(10) hour break and Tuesday off with pay;

35~e

(c) If both Saturday and Sunday nights are worked, then the Employee has Mondayoff with pay to provide a (10) hour break and Tuesday off with pay.

4.9.4 Generally an Employee will not undertake construction activities on a construction sitewhen the site is closed to observe ROO's, lock down weekends and public holidays,provided however that due to the limited opportunity to gain occupations and access toinfrastructure exemptions may be granted between the Company and the relevantrepresentatives on a case by case basis.

4.9.5 Use of Private Car

(a) In the event of an Employee having to use their own vehicle for business purposes,they shall be reimbursed at the rate indicated in the table below per kilometre. Thispayment shall be made on the production of satisfactory evidence in the form of logbook or other substantive document and would normally be authorised in advanceby their supervisor.

(b) Rates set out in the Table hereunder shall be maintained at the levels shown untilsuch time as they are overtaken by rates determined by the Australian Tax Officeafter which they will be adjusted to reflect movements in rates set by the ATO.

Rates per business kilometre

- -ina~y car

1600cc (1.6 litre)or less

1601 cc - 2600cc(1.601 litre ~_g:§litre)

2601 cc (2.601 litre) andover

4.10 FIRST AID ALLOWANCE4.10.1 It has been agreed as a term of this Agreement that all Employees in receipt of First

Allowance as at 1 July 2009 will continue to be paid the allowance at the appropriateweekly amount as adjusted from time to time. It has also been acknowledged andaccepted that the amount prescribed is a fixed weekly rate not payable for all purposes.The practice of adding the weekly allowance to the minimum base rate payable toEmployees and paying it for all purposes (e.g. weekend and overtime duty) is to ceasefrom 1 July 2009.

4.10.2 Any changes to the number of Employees appointed as first aid attendants will bedetermined by V/Line and discussed through the normal consultative processes.

4.11 OTHER ALLOWANCES4.11.1 Details of all other allowances that have traditionally applied have been extracted from the

relevant agreements that previously applied and are contained in Parts 8, 9 and 10 of thisAgreement.

4.11.2 Where there is any inconsistency between the terms and conditions of this Part 4 of theAgreement and provisions in Part 8, 9 and 10 the provisions of this Part shall takeprecedence.

36~e

4.12. SUPERANNUATION

4.12.1 An Employee, who has remained a member of one of the various Victorian StateSuperannuation funds ("defined benefit" schemes) will continue to receive the prescribedemployer contributions (to the fund on his/her behalf), and he/she is obliged to makeemployee contributions, at the percentage rates prescribed by those funds.

4.12.2 Subject to the exceptions referred to in 4.12.3 V/Line will make contributions at the ratestipulated under the Superannuation Guarantee Legislation to the followingSuperannuation Funds for those Employees, regardless of age, not covered by thedefined benefit schemes referred to in 4.12.1:

Superannuation SchemeAustralian Super

CBUSVic Super

4.12.3 Employees whose contributions were being paid into other compliant SuperannuationFunds as at 4 May 2007 will continue to have their monies paid into those funds,notwithstanding that they are not listed in the table in 4.12.2.

4.12.4 The default fund for Employees who fail to nominate a Fund shall be Vic Super.

4.13 SALARY PACKAGING FOR SUPERANNUATIONApproval from the Office of the Minister for Finance (Victoria) to proceed witharrangements that allow V/Line Employees covered by the Agreement to salary sacrificeearnings into Revised, New and SERB and/or Transport Schemes (whichever applies)was obtained and first applied in the V/Line Regional Network and Access - Infrastructure- Union Collective Agreement 2007 - 2009. These arrangements will continue to operatesubject to the following conditions:

4.13.1 Salary packaging under this Agreement will be limited to superannuation and subject tothe maximum tax deductible contributions specified by the Australian Taxation Office(ATO) as varied from time to time.

4.13.2 Salary packaging of Superannuation is introduced on the basis that it will not result in anadditional cost to V/Line and must be permitted by law.

4.13.3 Individuals who elect to access salary packaging under these arrangements will berequired to permanently surrender their interstate travel pass; provided that thisrequirement will not be applied retrospectively to Employees who were participating insalary sacrifice arrangements, prior to their transfer to V/Line on 4 May 2007.

4.13.4 In offering salary packaging it is the responsibility of Employees to obtain independentfinancial and taxation advice before entering into any salary packaging arrangement.

4.13.5 Alterations to packaging arrangements shall only be allowed on a once per annum basis inJuly of each year.

4.13.6 These arrangements shall also be extended to Employees who are members of othercomplying superannuation funds from the same date as those referred to above as mightbe approved by the Minister.

4.13.7 The annual salary of the Employee (prior to packaging or salary sacrifice) will remainunchanged for all purposes including the calculation of penalty rates, allowances,termination and superannuation payments.

37~e

PART 5 - HOURS OF WORK AND RELATED MAnERS

5.1 FATIGUE MANAGEMENT

5.1.1 V/Line agrees to develop practices and working arrangements that take into considerationthe nature of the rail working environment. In respect to fatigue management, rosters,additional hours and work will all be monitored to ensure Employees do not placethemselves at an unacceptable level of risk.

5.1.2 Employees are to present for work in a safe manner without undue impairment caused byfatigue or external activities likely to cause fatigue.

5.1.3 The Parties covered by this Agreement have a shared responsibility in ensuring fatiguerelated risk is minimised.

5.1.4 The maximum number of hours in anyone shift, standard ordinary hours or otherwise willnot normally exceed 12 hours except in exceptional circumstances and then only with theexpress approval of the relevant senior manager of the Employer.

5.2 HOURS OF DUTY

5.2.1 Per Way Maintenance Employees (Table A in Clause 4.2 refers)

(a) The ordinary hours of work shall be 76 per fortnight.

(b) The ordinary hours of work shall be arranged so as to permit the taking of a rosteredday off which shall operate on the following basis:

(i) Fixing one week day on which Employees at a location will be rostered off foran EDO during a 4 week cycle over 28 consecutive days.

(ii) Rostering each Employee off on one week day of a 4 week cycle over 28consecutive days (EDO).

(c) Except as hereinafter provided, time worked on a Sunday other than in completionof a shift commenced on a Saturday or in commencement of a shift terminating on aMonday, shall not be part of the ordinary hours.

(d) No Employee during the course of any shift shall be booked off work for more thanhalf an hour, including time for a meal, between the hours of 10.00 pm and 6.00 amunless other wise agreed between the Employer and the Employee concerned.

(e) Employees may elect, with the consent of the Employer, to work make up timeswhere the Employees take time off ordinary hours and work those hours at a latertime.

(f) Except in cases of unavoidable necessity Employees shall, after completing a fullshift, be allowed off duty for at least 12 hours at their headquarters and 10 hours ifaway from headquarters.

38~e

5.2.2 Minimum Time Allowances

(a) Any Permanent Way Maintenance Employee who is directed to and does actuallyundertake duty on any day or shift (except on a Sunday) shall be paid for a minimumof four hours pay.

(b) Any Permanent Way Maintenance Employee who is directed to attend for duty at aparticular time and is subsequently informed that they are not required until a latertime, shall be paid:

(i) for the actual time their duty is postponed with a maximum of one hour,provided that notice that they will not be required has been given at theirresidence at least two hours before the time they were due to report forduty and that they be given other work within 12 hours; or

(ii) if they attend for duty, for continuous time from the time they report, with amaximum of two hours, provided they be given other work within 12 hours;or

(c) For three hours if they are not given other work within 12 hours from the time theyreported or were due to report (as the case may be) for duty.

(d) Provided that this sub clause shall not apply in any case where notice that they willnot be required until a later time has been given to an Employee at their residenceat least 8 hours before they were due to report for duty.

5.2.3 Alternative Hours Arrangement

Except as provided for elsewhere in this Agreement, Employees working in the tie andsurfacing gangs who usually work away from home may work all their ordinary hours intwo blocks of four days by ten (10) hours per day paid at ordinary time rates or any othercombination of days and hours at ordinary time rates which will enable Employees totake four (4) day weekends at home each fortnight.

5.2.4 Signals and Electrical Employees (Table B in Clause 4.2 refers)

(a) Ordinary Hours of Work - Day workers

(i) Subject to 5.2.4(a)(v) the ordinary hours of work for day workers shallbe an average of 38 per week.

(ii) The ordinary hours shall be worked on all or any of the days of theweek, Monday to Friday.

(iii) The ordinary hours shall not be worked, without payment of overtimefor more than 8 hours a day between the hours of 6.30am and 6.30pmMonday to Friday; provided that these hours may be amended bymutual agreement up to one hour either side of the span (i.e. up to5.30am and 7.30pm).

(iv) Time worked as "ordinary hours" in accordance with the provisions of(iii) above, is paid for at single time rate and does not attract the shiftduty payments of clause 5.4.3

(v) The working of a 38 hour week shall be arranged in one of thefollowing ways:• By fixing one day on which Employees at a location will be off

(Extra Day Off or EDO) during a 4 week cycle over 28consecutive days, or

39~e

• By rostering each Employee off for an EOO on anyone weekdayfor a 4 week cycle over 28 consecutive days

(vi) The provisions of sub-clauses 5.2.4(a)(ii) and (iii) may be varied bymutual agreement between the Employer and Employees.

(b) Ordinary Hours of Work - Shift Workers

(i) Subject to sub-clause 5.2.4(b)(ii), the ordinary hours of work for shiftworkers shall be an average of 38 per week.

(ii) The working of a 38 hour week shall be arranged in one of thefollowing ways:• By fixing one day on which the Employees at a location will be off

duty during a 4 week cycle over 28 consecutive days, or• By rostering each Employee off on anyone weekday of a 4 week

cycle over 28 consecutive days.(iii) Shift workers shall not be worked, without payment of overtime, for

more than 8 hours per shift;(iv) When on dayshift, overtime rates shall apply to any time worked prior

to 6:30am and/or after 6:00pm, Monday to Saturday inclusive, or suchother hours as might be agreed under the provisions of clause5.2.4(a)(v) above.

(v) Where Employees take time off ordinary hours, they may elect with theconsent of the Employer to make up those hours of a later time.

5.2.5 General Hours of Duty Provisions (Applicable to Employees in All Grades)

(a) Approved leave, public holidays observed and EOO's shall count towards theordinary hours for the fortnight in anyone pay period

(b) When a shift or term of duty extends over two pay periods, it shall be deemed tobe part of the pay period in which it commences.

(c) Extra Oays Off (EOO's)

(i) EOO's will be rostered and taken as agreed between the Employerand Employees in a manner that guarantees continuity of operation.

(ii) Employees must not be allowed to accumulate more than 5 EOO's unlessthere are special or extenuating circumstances (including the need toguarantee continuity of operations), and the express approval of a seniormanager of the Employer has been obtained.

(iii) In order to maintain a reasonable limit of accruing liability for V/Line, it hasbeen agreed that unless otherwise approved by V/Line under theprovisions of (ii) above, EOO accruals in excess of five days as at the 30June each year will be paid out to Employees in the first pay periodcommencing on or after 30 June each year.

40~e

5.3 OVERTIME

5.3.1 The Employer may require Employees to work reasonable overtime at overtime ratesand Employees shall work such overtime in order with such requirement except thatapprentices under the age of eighteen years will not be required to work overtimewithout their consent.

5.3.2 Per Way Maintenance Employees (Table A in Clause 4.2 refers)

(a) Overtime shall be all time worked for Permanent Way Maintenance Employees:

(i) in excess of 8 hours on any day or shift; or(ii) in excess of 80 hours where the ordinary hours of duty are rostered

on a "first ten working days or shifts basis (see CI. 5.3.2(g)); or(iii) before the ordinary time of starting or after the ordinary time of

ceasing work;

at the rate of time and a half. Provided that, unless otherwise prescribed, alltime worked in excess of 11 hours on any day shall be paid at double rates.

(b) Except as otherwise provided, {e.g. when ordinary hours or shifts have been setby mutual agreement between Employer and Employee) all time worked on aneleventh or twelfth shift in any fortnightly pay period, shall be paid for at the rateof time and a half, provided that any portion of an eleventh or twelfth shiftworked on a Saturday, will be paid at the rate of double time.

(c) Any time worked on a thirteenth or subsequent shift in any fortnightly pay period(Le. when worked under a 10 shift fortnight arrangement) will be paid at the rateof double time.

(d) "Shift" means a turn of duty during which some period of actual work has beenperformed and includes a shift on which no work has been performed becausethe Employee was on paid leave attending a medical, or other examination or anenquiry that may be required by the Employer or attendance at Courts of Law inan official capacity.

(e) The provisions of this sub clause shall not apply to casual Employees.

(f) Overtime calculations shall be made upon whichever alternative result gives thegreatest amount.

(g) Except as otherwise provided, "fortnight", for the purpose of calculating overtimeon a fortnightly basis means the time worked during the first ten days or shifts inthe current fortnightly pay period.

(h) The provisions of this clause do not apply to Per Way Maintenance Employeeswho were engaged by the various former employers and V/Line since 1 May1999 [inclusive]. All such Employees will, instead, continue to be paid as perpast practice under the EDI Rail EnterpriseAgreement 2004-2006 [AG835814].

41~e

5.3.3 Signal and Electrical Employees (Table B in Clause 4.2 refers)

(a) All time worked by Signals and Electrical Employees outside of their ordinaryweekly hours shall be paid for at the rate of time and a half for the first threehours and double time thereafter or alternatively, all time worked in excess of 80hours in any fortnightly period shall be paid for at the rate of time and a halfprovided that such calculations shall be made upon whichever of these alternativesgives the greater amount. Where rosters are arranged by mutual agreementbetween the Employer and Employees, overtime on a fortnightly basis shall onlyapply where the time worked exceeds the rostered hours based on an average of80 hours per fortnight.

(b) Where the overtime work, for which the double time rate is attached, iscontinuous, except for meal breaks or crib time, with work performed during theEmployee's preceding ordinary hours or is commenced on a day during whichthe Employee has already worked the hours of an ordinary day or shift finishingless than eight hours before the commencement of overtime that double timeshall continue to be paid for overtime worked until the Employee has beenrelieved from work for a rest period of at least eight hours, provided that:

(i) An Employee shall not be entitled to payment for such rest period or anypart thereof except that there shall be no deduction of pay for any ordinarytime of duty occurring during such rest period.

(ii) An Employee required to resume work without having had such eight hoursoff duty shall be paid at double rates until relieved from duty to take suchrest period.

(c) Employees recalled after leaving duty for the day or shift to work overtime shall bepaid for a minimum of four hours at the appropriate rate provided that if suchovertime be continuous with a period of Sunday time, the minimum payment shallapply in respect of the full turn of duty and not to the overtime and the Sunday timeseparately.

(d) For work done during meal intervals and thereafter until a meal interval is allowed,time and a half rates shall be paid except as provided in 5.3.3(i).

(e) The arrangement of work for a shift shall be such that Employees shall be allowedan unpaid, thirty (30) minute meal break, to be taken within the spread of the shift.Ideally, this break shall be taken as close to mid-shift as possible, no later than theend of the fifth (5th

) hour, but shall not be taken so as to disrupt the continuity of thework group's operations.

(f) Flexibility shall be exercised at all times and, when the nature of the work requiresa "straight shift", a twenty (20) minute crib break shall be applied without deductionof pay. The crib time shall also be organised to ensure continuity of V/Line'soperations.

(g) Unless the period of overtime is less than one and one-half hours Employees,before starting overtime after working ordinary hours on any day, shall be alloweda crib break of twenty minutes which shall be paid for at ordinary rates. TheEmployer and an Employee may agree to any variation of this provision to meetthe circumstances of the work in hand provided that the employer shall not berequired to make any payment in respect of any time allowed in excess of twenty

42l£....§.Jl e

minutes. This subclause shall not relate to overtime work rendered necessary forthe resumption of traffic interrupted by any general or partial breakdown.

(h) Employees working overtime shall be allowed a crib time of twenty minutes withoutdeduction of pay after each four hours of work, but this provision shall not preventany arrangement being made for the taking of a longer meal interval without pay.

(i) Employees employed as regular maintenance persons shall work during mealintervals at the ordinary rate herein prescribed whenever instructed to do so for thepurpose of making good breakdowns of plant or upon the maintenance of plantwhich can only be done while such plant is idle, or in connection with themaintenance of electric light or power. Provided that such work does not continuebeyond five hours without a meal break.

(j) Employees working overtime or a shift, for which they had not been regularlyrostered, who finish work at a time when reasonable means of transport are notavailable, shall be provided with a conveyance or paid at their current rate for thetime reasonably occupied in reaching home.

(k) Time worked on Sunday, or time paid for travelling, waiting, standing by, walking orcrib shall not be regarded as time worked for the purpose of calculating overtime.

(I) Employees required to hold themselves in readiness to work after ordinary hoursshall be paid ordinary rates from the time they are required to hold themselves inreadiness until released provided they are not customarily required regularly tohold themselves in readiness for a call back.

(m) Time worked by any Employee between midnight on Saturday and midnight onSunday shall be paid for at the rate of double time. Such Sunday time shall standalone and shall not be taken into consideration in the computation of overtime.

5.4 SHIFT DUTY

5.4.1 Employees may be required to work shift work from time to time to meet operational andmaintenance requirements.

5.4.2 Per Way Maintenance Employees (Table A in Clause 4.2 refers).

Definitions

"Afternoon Shift" means a shift which commences before 1800 hours and concludes ator after 1830 hours.

"Early Morning Shift" means a shift which commences at or between 0400 and 0530hours

"Night Shift" means a shift which commences at or between 1800 and 0359 hours.

(a) Adults and junior Employees who are in receipt of an adult wage rate, the higherof the following applies:

(i) Afternoon shift $2.34 per hour or 15% more than ordinary rates;(ii) Night shift $2.73 per hour or 15% more than ordinary rates;(iii) Early morning shift $2.34 per hour or 15% more than ordinary rates.

43~e

(b) In calculating the allowances herein prescribed, broken parts of an hour of lessthan 30 minutes shall be disregarded and from 30 to 59 minutes shall be paid asfor one hour.

(c) In addition to the allowances prescribed herein, Employees in receipt of an adultwage rate whose ordinary time worked on any shift commences or finishes at orbetween 0101 and 0359 hours on Monday to Friday, excluding public holidays orovertime shifts, shall be paid a shift loading of $2.73; all other employees shall bepaid half that loading.

(d) In addition to the ordinary rate for all time worked during ordinary hours Employeeswho:

(i) during a period of engagement on shift, work night shift only;(ii) remain on night shift for a longer period than four consecutive weeks;(iii) work on a night shift which does not rotate or alternate with another shift or

with day work so as to give them at least one-third of their working time offnight shift in each work cycle

shall during such period of engagement, period or cycle be paid $5.53 per hour or30% more than their ordinary rates, whichever is the higher.

(e) This sub-clause shall not apply to Employees who elect to work a pattern of nightshifts by way of mutual exchange as a matter of personal preference.

(f) Shift duty loadings under this clause are not payable for time worked onweekends, public holidays and overtime duty.

5.4.3 Signal and Electrical Employees (Table B in Clause 4.2 refers)

Definitions:

"Afternoon Shift" means any shift finishing after 1800 hours and at or before midnight.

"Early Morning Shift" means a shift which commences at or between 0400 hours and0530 hours.

"Night Shift" means any shift finishing after midnight and at or before 0800 hours.

(a) Any afternoon or night shift in workshops which does not continue for fivesuccessive nights or more shall be paid at the rate of time and a half for the firstfour hours and double time thereafter.

(b) For any early morning, afternoon or night shift worked in workshops which hasbeen in operation for five nights or more and for any afternoon or night shiftworked outside workshops, 15% more than ordinary rates shall be paid.

(c) Employees who:

(i) During a period of engagement on shift work, work night shift only; or(ii) Remain on night shift for a longer period than four consecutive weeks; or(iii) Work on night shift which does not rotate or alternate with another shift or

with day work so as to give them at least one-third of their working time offnight shift in each shift cycle;

44 l.J:..i!.l! e

shall during such engagement period or cycle be paid 30% more than is ordinaryrate for all time worked during ordinary working hours on such night shift.

(d) For the purpose of this clause, the continuity of shift operations shall not bedeemed to be broken by suspension of a shift on any day or days on which it isnot customary to work shifts at the location concerned, by temporary cessation ofshift working due to a strike of any workmen or Employees or on account of abreakdown of plant or machinery.

(e) Shift duty loadings under this clause are not payable for time worked on weekendspublic holidays and overtime duty.

(f) The provisions of this clause will not apply to Employees to whom the "RailwaysSalaried Officers (Victoria) Award 2002" previously applied. Clause 10.7 in Part10 sets out the shift duty provisions for Employees in this category.

5.5 GENERAL PROVISIONS FOR ALL EMPLOYEE GRADES

5.5.1 Saturday Duty

Time on duty between midnight Friday and midnight Saturday shall be paid at the rate oftime and a half. Time worked on a Saturday shall be taken into consideration in thecomputation of overtime on a fortnightly basis and shall, subject to the exceptionsprescribed in clause 6.3 - Public holidays, be subject to a maximum payment of doublethe ordinary rate.

5.5.2 Sunday Duty

(a) Time worked between midnight on Saturday and midnight on Sunday shall be paidat the rate of double time.

(b) Subject to the exceptions provided for in clause 5.2.1(c) Sunday time shall standalone and shall not be taken into consideration in the computation of overtime;including overtime on a fortnightly basis.

(c) Subject to subclause 5.3.3(b) an Employee, other than on shift or engaged in thecontinuity of electric light or power, required to work on a Sunday, shall be paid aminimum of 4 hours at double time.

5.5.3 Extra Rates Not Cumulative

Extra rates in this Agreement are not cumulative so as to exceed the maximum of doubletime except for work performed on a Public Holiday.

S.S.4 Overtime Meal Allowance

(a) Any Employee who is required to be on duty for a period of more than ten (10)hours shall either be supplied with a meal by V/Line or be paid a Meal Allowance of$9.46 and if they work beyond a further two (2) hours, a further Meal Allowanceshall apply.

(b) The need to supply a meal or make payment of a meal allowance under (a) shallnot apply where the Employee has been advised of the requirement to work suchadditional hours before attending for duty or when such hours form part of thenormal roster.

45l.£....§....g e

PART 6 - TYPE OF LEAVE AND PUBLIC HOLIDAYS

6.1. ANNUAL LEAVE6.1.1 Employees shall be entitled to 152 hours annual leave, exclusive of any public holidays

that occur during the period of annual leave, in respect of each 52 weeks continuousservice, less the period of annual leave.

6.1.2 Employees who regularly work shift work and are rostered to work on Sundays and / orpublic holidays, shall be entitled to 190 hours.

6.1.3 The following periods do not count as service for annual leave accrual purposes:

(a) any period of unauthorised absence;

(b) any period of unpaid leave or unpaid authorised absence other than;

(i) a period of absence on Community Service Leave taken under the provisionsof clause 6.15; or

(ii) a period of stand down under the provisions of clause 3.6; or(iii) a period of leave as prescribed by the Fair Work Act regulations; or(iv) as provided for in clause 6.1.4(c); or

(c) as otherwise prescribed by the Fair Work Regulations 2009.

6.1.4 For these purposes, continuous service shall not be deemed to be broken by any of thefollowing:

(a) Absence on accident payor worker's compensation up to a maximum continuousperiod of 52 weeks.

(b) Absence on paid leave.

(c) Authorised leave without pay up to 12 continuous weeks provided that for anyauthorised leave without pay exceeding 12 continuous weeks the annual leaveentitlement shall be reduced as follows:

(i) More than 12 weeks but less than 24 weeks - one quarter.

(ii) 24 weeks but less than 36 weeks - one half.

(iii) 36 weeks but less than 48 weeks - three quarters

(iv) 48 weeks or more - all leave due.

6.1.5 Where absences are deemed to break the continuity of service the Employer shall notifyEmployees in writing of that occurrence during such absence or within fourteen days of theend of such absence.

6.1.6 In addition to any other sum payable for annual leave, Employees shall be entitled to anannual leave loading of 17.5% paid proportionately to the amount of annual leave granted,and paid at the same rates as the leave to which it applies save for employees regularly

46~e

on shift work and rostered to work Sundays and/or Public Holidays who shall be entitled toan annual leave loading of 20%. (i.e. at ordinary/single rate).

6.1.7 An Employee's entitlement to paid annual leave accrues progressively during a year ofservice according to the Employee's ordinary hours of work, and accumulates from year toyear.

6.1.8 (a) Where an Employee has accrued in excess of 8 weeks annual leave or 10 weeks fora shift worker, and V/Line and the Employee are unable to reach agreement on thetaking of the leave, V/Line may direct the Employee to take up to 25% of the leaveowing at the time any such direction is given.

(b) Where a direction to clear leave is given, Employees shall be provided, wherever itis practicable to do so, with one month's notice of the date on which annual leave isto commence.

6.1.9Employees may elect, with the prior consent of the Employer, to take annual leave in singleday periods not exceeding five days in any calendar year at a time or times agreed between themand to defer payment of the annual leave loading in respect of single day absences, until at leastfive consecutive annual leave days are taken.

6.1.10 Where approval has been given for Employees to take annual leave in advance and theirservices are terminated prior to the completion of an equivalent accrual period for whichthe annual leave was allowed, V/Line will first seek the Employee's authorisation to makea deduction from whatever remuneration is payable upon termination of employment frommonies still owing.

6.1 .11 Annual Leave Reduction Plan

(a) Employees may apply to cash out annual leave entitlements provided suchpayments:

o are restricted to minimum periods of not less than two (2) weeks;

o are in blocks of completed weeks, and

o do not reduce overall annual leave entitlements below four (4) weeksafter payment is made.

(b) Any agreement for the cashing out of annual leave under this clause must be setout in a separate agreement in writing and signed by both V/Line and theEmployee.

(c) Employees must be paid at no less than the rate of pay applicable to the Employeeunder this Agreement than what would have been payable had the Employeetaken the leave foregone.

(d) Alternatively, Employees may elect to clear surplus credits and nominate toprospectively salary sacrifice future earnings into a complying SuperannuationFund in accordance with and subject to Australian Taxation Office requirements;provided such arrangements may only be introduced or cease as the case mightbe on a once per annum basis from the service anniversary dates of individualEmployees

(e) These arrangements must cease when annual leave credits for an individual havebeen reduced to four (4) weeks regardless of when this level of leave is reached.

47~e

6.2 LONG SERVICE LEAVE

(a) An Employee is entitled to 13 weeks long service leave with pay after thecompletion of 10 years continuous service. Additional LSL leave will accrue after 7years at the rate of 1.3 weeks per completed year.

(b) When an Employee has completed at least seven (7) years continuous service:

(i) Pro rata long service leave may be taken with the approval of V/Line,

(ii) If employment is discontinued by the Employee in a lawful manner, or byV/Line for any reason, pro rata payment for long service leave will begranted.

(c) In cases when an Employee retires on account of age or ill health, dies or isterminated on the grounds of redundancy, entitlement to long service leave issubject to a minimum of 4 years completed continuous service and is computed onthe basis of 1.3 weeks leave for each completed year of service.

(d) On request from an Employee, the whole or any part of due long service leave maybe taken at half pay for a period equal to twice the whole or part of the period towhich the Employee is entitled. For the purposes of this clause, half pay meanspay computed at half the rate that would have been received had the leave beengranted at full pay.

(e) In calculating the period of service for long service leave purposes any continuousperiod of leave of absence without pay for one month or more is to be excluded.

6.3 PUBLIC HOLIDAYS

6.3.1 Except as provided for elsewhere in this clause, Employees will be entitled to holidays onthe following days:

(a) New Year's Day (1 January), Australia Day (26 January), Labour Day (the secondMonday in March), Good Friday, Easter Saturday, Easter Monday, Anzac Day (25April), Queen's Birthday (the second Monday in June), Christmas Day (25December) and Boxing Day (26 December);

(b) in metropolitan municipal districts, Melbourne Cup Day (the first Tuesday inNovember);

(c) such other days as may be appointed by a Minister acting under section 7(1 )(a) ofthe Public Holidays Act 1993 (Vic) from time to time as public holidays or publichalf holidays throughout Victoria or a specified part of Victoria. For the avoidanceof doubt, if a public holiday or a half public holiday is appointed in a specified partof Victoria the entitlement to holidays applies only to Employees based in orregularly performing work in that part of Victoria.

6.3.2 Provided that a day appointed as a substitute day for a public holiday nominated aboveshall not be observed other than in accordance with the substitute arrangements specifiedin this clause below.

6.3.3 In respect of Employees other than seven day shift workers:

48~e

(a) when Christmas Day is a Saturday, a holiday in lieu thereof shall be observed onthe next Monday, or a Sunday, a holiday in lieu thereof shall be observed onthe next Tuesday;

(b) when Boxing Day is a Saturday, a holiday in lieu thereof shall be observed on thenext Monday, or a Sunday, a holiday in lieu thereof shall be observed on the nextTuesday; and

(c) when New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieuthereof shall be observed on the next Monday.

6.3.4 The Employer and a majority of affected Employees may agree to substitute another dayfor any public holiday, provided such agreement shall be recorded in writing and be madeavailable to each affected Employee.

6.3.5 Employees required to work and who do work on a public holiday:

(a) Except as provided for in clause 6.3.5(b) and (c) below, Employees required towork, and who do work on a public holiday will, be paid at the rate of double timeand a half for the period worked.

(b) Employees who work away from home on a regular feature of their roster mayinstead, be granted a day off in lieu of each public holiday worked provided that:

• The day or days off can be rostered for clearance in conjunction with aweekend to increase consecutive days off at home;

• Such clearances are programmed to occur not more than six (6) weeks afterthe actual holiday duty was performed; and

• Clearances can be programmed to occur within this six week period withoutcausing any disruption to operational maintenance requirements.

(c) Provided that Employees who are granted a day off in lieu in accordance withclause 6.3.5(b) will be entitled to payment at the rate of time and one half for actualordinary hours worked on the pubic holiday.

6.3.6 Existing Public Holiday Credits

All public holiday credits owing as at the commencement of this Agreement, are to beused by 30 June 2010 and if not taken or salary sacrificed in accordance with taxation andor other legislative requirements, will be paid out in the first pay after 30 June 2010.

If however, surplus credits as at 30 June 2010 are the direct result of V/Line's inability torelease them to clear their surplus credits during the period from commencement of thisAgreement through to 30 June 2010, and who do not wish to be paid out, may apply toV/Line for an extension.

6.3.7 The provision of leave outlined in 6.3.1 does not apply to Employees who are notavailable for duty on the public holiday except those who are ill or where duty is resumedon the first working day after the public holiday, or those on annual leave or accident leavewith pay.

49~e

6.3.8 An employee who is ordinarily not required to work on the day of the week on which aparticular holiday is observed shall not be entitled to any benefit for any such publicholiday unless he/she is required to work on the public holiday.

6.3.9 Pay for one day's leave of absence means an amount equal to a tenth the ordinary hoursof duty per fortnight.

6.3.10 Employees may be required to attend for duty on any public holiday unless they havereasonable grounds for refusal.

6.3.11 Opportunities to salary sacrifice entitlements for public holidays worked will continueduring the life of the agreement provided such arrangements continue to be availablewithin existing taxation or other relevant legislation and at no cost to V/Line.

6.4 PERSONAL/CARER'S LEAVE

6.4.1 The provisions of this clause apply to Employees other than casual Employees unlessspecifically included.

6.4.2 Definitions

The term immediate family includes:

(a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of theEmployee;

(b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner ofthe Employee.

The term spouse includes a former spouse.

The term de facto partner means:

(c) a person who, although not legally married to the Employee, lives with theEmployee in a relationship as a couple on a genuine domestic basis (whether theEmployee and the person are of the same sex or different sexes); and

(d) includes a former de facto partner of the Employee.

6.4.3 Amount of paid personal/carer's leave

(a) Paid personal/carer's leave will be available to an Employee when they are absent:

• because they are unfit for work due to personal illness or injury affecting theEmployee (sick leave); or

• for the purposes of providing care and support to a member of the Employee'simmediate family or a member of the Employee's household who requires care andsupport because of personal illness, or personal injury affecting the member, or anunexpected emergency affecting the member -(carer's leave); or

50~e

• Because of the requirement to provide ongoing care and attention to anotherperson who is wholly or substantially dependant on the Employee, provided thatthe care and attention is not wholly or substantially on a commercial basis.

(b) Subject to the limitations referred to in sub clause (d) of this clause, the amount ofpersonal/carer's leave to which a full-time Employee is entitled depends on howlong they have worked for the Employer or its preceding Companies and accruesin accordance with the following table:

Leave on full pay (days) (hours)

On completion of 4 weeks service 3 22.8

On completion of 8 weeks service an additional 3 45.6

On completion of 12 weeks service an additional 4 68.4in respect of the first year of service

On completion of 52 weeks service an additional 20 152

After the completion of the two years of service, leave will accrue progressively andbe credited monthly to a total of 15 days (114 hours) in respect of each subsequentyear of service.

(c) An Employee shall not be entitled to paid leave of absence for any period inrespect of which they are entitled to accident pay or workers compensation.Employees may utilise their sick leave entitlements pending acceptance of liabilityfor a workers compensation claim. If the workers compensation claim is acceptedthe Employee will be re-credited leave paid from sick leave credits.

(d) An Employee shall not be entitled to sick/carer's pay in respect of other thanordinary hours of employment

(e) Years service or year of service for the purpose of this clause means the perioddate of commencement of employment in any year and the anniversary of thecommencement of employment in the next year.

(f) Unused personal/carer's credits shall accumulate from year to year withoutlimitation but unused personal leave will not be paid out on termination ofemployment.

(g) Employees who are directly involved in an industrial stoppage will not be entitled topaid leave of absence for any illness or injury on any working day or shift reducedby the stoppage unless the absence extends beyond that day or shift and is fullycovered by a medical certificate.

(h) An Employee may be granted paid leave of absence provided the absence fromduty due to illness or injury commenced prior to the day of the stoppage and suchperiod is covered by a medical certificate.

(i) Payment of Personal/Carer's Leave is subject to compliance with the notice andevidentiary requirements of sub -clauses 6.4.6

51~e

6.4.4 Personal/Carer's Leave Clearances

(a) An Employee is entitled to use the full amount of their paid personal/carer's leaveentitlement for the purposes of absences through sick leave and carer's leave,subject to the conditions set out in the whole of this clause 6.4.

(b) In cases where paid leave entitlements have been exhausted, V/Line andEmployees concerned may agree on extending the absence as leave without pay.Alternatively, Employees are entitled to a period of up to 2 days unpaid carer'sleave for each permissible occasion a member of the Employee's immediatefamily or household is sick or otherwise in need of care as specified in clause6.4.3(a).

(c) Unpaid carer's leave may be taken as a single continuous period or any separateperiods agreed between the Employee and V/Line.

6.4.5 Employee Must Give Notice of Absence on Personal/Carer's Leave

(a) An Employee shall, as soon as reasonably practicable and in accordance withlocal requirements in regard to notification, inform the Employer of their inability toattend work, and as far as practicable, state the estimated duration of absence.Such notification should be given, if reasonably practicable, prior tocommencement time. This provision does not apply to Employees who cannotcomply with it due to circumstances beyond their control.

(b) An Employee must advise the Employer of their intention to resume duty as soonas they become aware of their ability to do so.

6.4.6 Evidence Supporting Claim

Personal Illness or Injury (sick leave)

(a) Applications for leave of absence on the grounds of personal illness or injury shallbe supported by the submission of a medical certificate from a registered healthpractitioner or where obtaining a medical certificate is not reasonable, a statutorydeclaration.

(b) Provided that V/Line may grant leave of absence on the grounds of illness, withoutthe production of a medical certificate, to the extent of five days in aggregate in anysick leave year of service. Provided further that the maximum number ofconsecutive days that will be granted without a medical certificate shall be three.

(c) An Employee shall not be required to furnish a medical certificate in respect of anyperiod whilst an inpatient at a registered hospital or where the Employer's medicalcondition indicates an unfitness for duty following a medical examination.

(d) V/Line may at its discretion, allow an Employee to take additional paid leave wherean Employee has used all his/her sick leave entitlements.

52l...!:..i!JJ. e

Carer's Leave

(e) When taking leave to care for members of their immediate family or household whorequire care and support due to an unexpected emergency or illness, or othercircumstances set out by clause 6.4.3(a), the Employee must, if required by V/Line,establish by production of a medical certificate from a registered health practitioneror, where obtaining a medical certificate is not reasonable, a statutory declaration,the illness or the nature of the emergency that resulted in the person concernedrequiring care by the Employee.

(f) The entitlement to use carer's leave is in accordance with this subclause is subjectto:

(i) the Employee being responsible for the care of the person concerned and;

(ii) the person concerned meeting the requirements of 6.4.3(a).

(g) In normal circumstances an Employee must not use carer's leave in accordancewith this subclause where another person has taken leave to care for the sameperson.

(h) V/Line may at its discretion, may allow an Employee to take additional paid leavewhere an employee has used all his/her carer's leave entitlements.

6.4.7 Unpaid Carer's Leave

(a) In cases where paid leave entitlements have been exhausted, Employees,including casual Employees, are entitled to two days unpaid carer's leave for eachoccasion when a member of the Employee's immediate family or member of theEmployee's household requires care and support because of:

• A personal injury or illness affecting the member; or

• An unexpected emergency effecting the member; or

(b) An Employee may take unpaid carer's leave as:

• A single continuous period of up to 2 days; or

• Any separate periods to which the Employee and Employer agree.

(c) For the avoidance of doubt, Employees, other than casual Employees, are notentitled to unpaid leave in accordance with this clause if the Employee couldotherwise take paid carer's leave.

6.5. BEREAVEMENT LEAVE / COMPASSIONATE LEAVE6.5.1 Paid leave entitlement

(a) An Employee is entitled to up to three days bereavement / compassionate leave oneach occasion of the death of a member of the Employees' immediate family orhousehold or to spend time with a member of their immediate family or householdwho has a personal illness or injury that poses a serious threat to his or her life.

53~e

(b) Each period of bereavement / compassionate leave stands alone and is notdebited against any other type of leave.

(c) Employees may be required to produce satisfactory evidence to supportapplications for leave under this clause.

(d) If an Employee, other than a casual Employee, takes a period ofbereavement/compassionate leave, the Employer must pay the Employee at theEmployer's base rate of pay for the Employee's ordinary hours of work in theperiod. For casual Employees, bereavement/compassionate leave is unpaid.

6.5.2 Unpaid bereavement Leave

An Employee may take unpaid bereavement / compassionate leave by agreement withthe Employer.

6.6 UNSCHEDULED LEAVE ABSENCES

6.6.1 It is agreed the policy for unscheduled leave absences e.g. sick leave and bereavementleave) is as follows:

(a) Applications (and where necessary supporting medical certificates or other relevantdocumentation) for unscheduled leave are to be completed, signed by theEmployee concerned and their supervisor/line manager, then forwarded to payrollon the day of work resumption.

(b) Unscheduled leave applications not received by the end of pay period will be paid,provided the Employee concerned has sufficient leave credits to cover the absenceinvolved.

(c) Should no application be received by payroll (or should the application beincomplete) within the pay period after payment has been made, hours creditedunder this arrangement will be deducted from the Employee's pay in that payperiod.

6.7 PARENTAL LEAVE

6.7.1 Subject to the terms of this clause Employees are entitled to paid and unpaid maternity,paternity/partner and adoption leave and to work part-time in connection with the birth oradoption of a child.

6.7.2 The provisions of this clause apply to full-time, part-time and eligible casual Employees,but do not apply to other casual Employees.

6.7.3 An eligible casual Employee means a casual Employee:

(a) employed by an Employer on a regular and systematic basis for a sequence ofperiods of employment or on a regular and systematic basis for an ongoing period ofemployment during a period of at least 12 months; and

(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation ofongoing employment.

54~e

6.7.4 For the purposes of this clause, continuous service is work for an Employer on a regularand systematic basis (including any period of authorised leave or absence).

6.7.5 An Employer must not fail to re-engage a casual Employee because:

(a) the Employee or employee's spouse is pregnant; or

(b) the Employee is or has been immediately absent on parental leave.

6.7.6 The rights of an Employer in relation to engagement and re-engagement of casualEmployees are not affected, other than in accordance with this clause.

6.7.7 Definitions

(a) For the purpose of this clause child means a child of the Employee under schoolage except for adoption of an eligible child where 'eligible child' means a personunder the age of 16 years who is placed with the Employee for the purposes ofadoption, other than a child or step-child of the Employee or of the spouse of theEmployee or a child who has previously lived continuously with the Employee for aperiod of six months or more.

(b) For the purposes of this clause, spouse includes a de facto spouse, former spouseor former de facto spouse The Employee's "de facto spouse" means a person wholives with the Employee as husband, wife or same sex partner on a bona fidedomestic basis, although not legally married to the Employee.

6.7.8 Basic entitlement

(a) Employees who have, or will have, completed at least twelve months continuousservice, are entitled to a combined total of 52 weeks paid and unpaid parental leaveon a shared basis in relation to the birth or adoption of their child. A paid componentof a continuous period of 12 weeks' maternity leave may be taken and a paidcomponent of 1 week's paternity/partner leave may be taken. In the case of longadoption leave, a paid component of 6 weeks' leave is available to the primary caregiver and a paid component of 1 week's leave for the secondary care giver for shortadoption leave. An Employee who does not satisfy the qualifying servicerequirement for the paid components of leave, or an Employee who is an eligiblecasual employee, shall be entitled to leave without pay for a period not exceeding 52weeks.

(b) Subject to 6.7.10 hereof, parental leave is to be available to only one parent at atime, in a single unbroken period, except that both parents may simultaneously take:

(i) in the case of one week's paid paternity/partner leave and adoption leavefor the secondary care giver, an employee shall be entitled to a total of fivedays (which need not be taken consecutively) and up to 3 weeks (of whichonly 1 week is paid) respectively, which may be commenced 1 week priorto the expected date of birth or at the time of placement in the case ofadoption.

55~e

6.7.9 Maternity leave

(a) An Employee must provide notice to the Employer in advance of the expected dateof commencement of parental leave. The notice requirements are:

(i) of the expected date of confinement (included in a certificate from aregistered medical practitioner stating that the Employee is pregnant) - atleast ten weeks;

(ii) of the date on which the Employee proposes to commence maternity leaveand the period of leave to be taken - at least four weeks.

(b) When the Employee gives notice under 6.7.9(a)(i) hereof the Employee must alsoprovide a statutory declaration stating particulars of any period of paternity/partnerleave sought or taken by her spouse and that for the period of maternity leave shewill not engage in any conduct inconsistent with her contract of employment.

(c) An Employee will not be in breach of this clause if failure to give the stipulatednotice is occasioned by confinement occurring earlier than the presumed date.

(d) Subject to 6.7.8(a) hereof and unless agreed otherwise between the Employer andEmployee, an Employee may commence parental leave at any time within sixweeks immediately prior to the expected date of birth.

(e) Where an Employee continues to work within the six week period immediately priorto the expected date of birth of the child or is on paid leave under 6.7.8(b) anEmployer may require the Employee to provide a medical certificate stating thatshe is fit to work on her normal duties. The Employer may require the Employee tostart maternity leave if the Employee:

(i) does not give the Employer the requested certificate within 7 days after therequest; or,

(ii) within 7 days after the request for the certificate, gives the Employer amedical certificate stating that the Employee is unfit to work.

(f) Where leave is granted 6.7.9(a) hereof, during the period of leave an Employeemay return to work at any time, as agreed between V/Line and the Employee.

(g) V/Line can require an Employee to return to work if the Employee has ceased tohave responsibility for the care of the child; subject to the following:

(i) V/Line must give 4 weeks notice; or

(ii) if the Employee has been absent on birth related leave, then the noticecannot be earlier than 6 weeks from the date of the birth of the child.

6.7.10 Personal Illness and Special maternity leave

(a) Where the pregnancy of an Employee not then on maternity leave terminates otherthan by the birth of a living child, then the Employee must as soon as practicable, give

56~e

notice to V/Line of the need to take leave for such period as a registered medicalpractitioner certifies as necessary, in accordance with the following:

• Where the pregnancy terminates within the first 20 weeks, during thecertified/notified period(s) the Employee is entitled to access any paid and/orunpaid personal illness leave entitlements in accordance with the relevantpersonal leave provisions of this Agreement.

• Where the pregnancy terminates after the completion of 20 weeks, during thenotified periods the Employee is entitled to be paid special maternity leaveavailable under clause 6.7.8, and thereafter, to unpaid special maternity leave.

(b) Where an Employee not then on maternity leave is suffering from an illnesswhether related or not to the pregnancy, an Employee may take any paid personalillness leave to which she is entitled and/or unpaid personal illness leave inaccordance with the relevant personal illness leave provisions.

6.7.11 Paternity/Partner leave

(a) An Employee will provide to the Employer at least ten weeks prior to eachproposed period of paternity/partner leave, with:

(i) a certificate from a registered medical practitioner which names his or herspouse, states that she is pregnant and the expected dated of confinement,or states the date on which the birth took place; and

(ii) written notification of the dates on which he or she proposes to start andfinish the period of paternity leave; and

(iii) a statutory declaration stating:

• except in relation to leave taken simultaneously with the child'smother under clause 6.7.8(b)(i) or clause 6.7.13(a)(i) that he or shewill take the period of paternity/partner leave to become the primarycare-giver of a child;

• particulars of any period of maternity leave sought or taken by hisor her spouse; and

• that for the period of paternity/partner leave he or she will notengage in any conduct inconsistent with his or her contract ofemployment.

(b) The Employee will not be in breach of 6.7.11 (d) hereof if the failure to give therequired period of notice is because of the birth occurring earlier than expected,the death of the mother of the child, or other compelling circumstances.

6.7.12 Adoption leave

(a) The Employee shall be required to provide the Employer with written notice of theirintention to apply for adoption leave as soon as is reasonably practicable afterreceiving a placement approval notice from an adoption agency or otherappropriate body.

57 l...E..i!.Jl e

(b) The Employee must give written notice of the day when the placement with theEmployee is expected to start as soon as possible after receiving a placementnotice indicating the expected placement day.

(c) The Employee must give the following written notice of the first and last daysof any period of adoption leave they intend to apply for because of theplacement:

(i) Where a placement notice is received within the period of 8 weeks afterreceiving the placement approval notice - before the end of that 8 weekperiod; or

(ii) Where a placement notice is received after the end of the period of 8weeks after receiving the placement approval notice - as soon asreasonably practicable after receiving the placement notice.

(d) As a general rule, the Employee must make application for leave to the Employerat least ten weeks in advance of the date of commencement of long adoptionleave and the period of leave to be taken. An Employee may commence adoptionleave prior to providing such notice, where through circumstances beyond thecontrol of the Employee, the adoption of a child takes place earlier.

(e) Before commencing adoption leave, an Employee will provide the Employer with astatement from an adoption agency of the day when the placement is expected tostart and a statutory declaration stating:

(i) that the child is an eligible child and the particulars of any other authorisedleave to be taken because of the placement.

(ii) except in relation to leave taken simultaneously with the child's otheradoptive parent under clause 6.7.8(b)(i) or clause 6.7.13(a)(i) that theEmployee is seeking adoption leave to become the primary care-giver ofthe child;

(iii) particulars of any period of adoption leave sought or taken by theEmployee's spouse; and

(iv) that for the period of adoption leave the Employee will not engage in anyconduct inconsistent with their contract of employment.

(f) An Employee must provide the Employer with confirmation from the adoptionagency of the start of the placement.

(g) Where the placement of child for adoption with an Employee does not proceed orcontinue, the Employee will notify the Employer immediately and the Employer willnominate a time not exceeding four weeks from receipt of notification for theEmployee's return to work.

(h) An Employee will not be in breach of this clause as a consequence of failure togive the stipulated periods of notice if such failure results from a requirement of anadoption agency to accept earlier or later placement of a child, the death of aspouse, or other compelling circumstances.

(i) An Employee seeking to adopt a child is entitled to unpaid leave for the purpose ofattending any compulsory interviews or examinations as are necessary as part of

58~e

the adoption procedure. The Employee and the Employer should agree on thelength of the unpaid leave. Where agreement cannot be reached, the Employee isentitled to take up to two days unpaid leave. Where paid leave is available to theEmployee, the Employer may require the Employee to take such leave instead.

6.7.13 Right to request

(a) An Employee entitled to parental leave pursuant to the provisions of clause6.7.8(a) may request the Employer to allow the Employee:

(i) to extend the period of simultaneous unpaid parental leave provided for inclause 6.7.8(b)(i) up to a maximum of eight weeks;

(ii) to extend the period of unpaid parental leave provided for in clause 6.7.8(a)by a further continuous period of leave not exceeding 12 months;

(iii) to return from a period of parental leave on a part-time basis until the childreaches school age;

to assist the Employee in reconciling work and parental responsibilities.

(b) The Employer shall consider the request having regard to the Employee'scircumstances and, provided the request is genuinely based on the Employee'sparental responsibilities, may only refuse the request on reasonable groundsrelated to the effect on the workplace or the Employer's business. Such groundsmight include cost, lack of adequate replacement staff, loss of efficiency and theimpact on customer service.

6.7.14 Employee's request and employer's decision to be in writing

The employee's request and the employer's decision made under clauses 6.7.13(a)(ii) and6.7.13(a)(iii) must be recorded in writing.

6.7.15 Request to return to work part-time

Where an Employee wishes to make a request under clause 6.7.13(a)(iii), such a requestmust be made as soon as possible but no less than seven weeks prior to the date uponwhich the Employee is due to return to work from parental leave.

6.7.16 Variation of period of parental leave

Unless agreed otherwise between the Employer and Employee, where an Employee takesleave under clause 6.7.8(a) and 6.7.13(a)(iii) an Employee may apply to their Employer tochange the period of parental leave on one occasion. Any such change must be notified inwriting at least two weeks prior to the commencement of the changed arrangements.

6.7.17 Parental leave and other entitlements

An Employee may in lieu of or in conjunction with parental leave, access any annual leaveor long service leave entitlements which they have accrued subject to the total amount ofleave not exceeding 52 weeks or a longer period as agreed under 6.7.13.

6.7.18 Transfer to a safe job

59~e

(a) Where an Employee is pregnant and, in the opinion of a registered medicalpractitioner, illness or risks arising out of the pregnancy or hazards connected withthe work assigned to the Employee make it inadvisable for the Employee tocontinue at her present work, the Employee will, if the Employer deems itpracticable, be transferred to a safe job with no other change to the Employee'sterms and conditions of employment until the commencement of maternity leave.

(b) If the Employer does not think it to be reasonably practicable to transfer theEmployee to a safe job, the Employee may take paid leave, or the Employer mayrequire the employee to take paid leave immediately for a period which ends at theearliest of either:

(i) when the Employee is certified unfit to work during the six week periodbefore the expected date of birth by a registered medical practitioner, or

(ii) when the Employee's pregnancy results in the birth of a living child or whenthe Employee's pregnancy ends otherwise than with the birth of a livingchild.

(c) The entitlement to leave is in addition to any other leave entitlement the Employeehas.

6.7.19 Returning to work after a period of parental leave

(a) An Employee will notify of their intention to return to work after a period of parentalleave at least four weeks prior to the expiration of the leave.

(b) Subject to clause 6.7.19{c), an Employee will be entitled to the position which theyheld immediately before proceeding on parental leave. In the case of anEmployee transferred to a safe job pursuant to 6.7.18 hereof, the Employee will beentitled to return to the position they held immediately before such transfer.

(c) Where such position no longer exists but there are other positions available whichthe Employee is qualified for and is capable of performing, the Employee will beentitled to a position as nearly comparable in status and pay to that of their formerposition.

6.7.20 Replacement Employees

(a) A replacement Employee is an employee specifically engaged or temporarilypromoted or transferred, as a result of an Employee proceeding on parental leave.

(b) Before an Employer engages a replacement Employee the Employer must informthat person of the temporary nature of the employment and of the rights of theEmployee who is being replaced.

6.7.21 Communication during Parental Leave

(a) Where an Employee is on parental leave and a definite decision has been made tointroduce significant change at the workplace, the Employer shall take reasonablesteps to:

(i) make information available in relation to any significant effect the changewill have on the status or responsibility level of the position the Employeeheld before commencing parental leave; and

60~e

(ii) provide an opportunity for the Employee to discuss any significant effect thechange will have on the status or responsibility level of the position theEmployee held before commencing parental leave.

(b) The Employee shall take reasonable steps to inform the Employer about anysignificant matter that will affect the Employee's decision regarding the duration ofparental leave to be taken, whether the Employee intends to return to work andwhether the Employee intends to request to return to work on a part-time basis.

(c) The Employee shall also notify the Employer of changes of address or othercontact details which might affect the Employer's capacity to comply with 6.7.21.

6.8 BLOOD DONOR LEAVEAn Employee shall receive leave with pay to attend a Blood Bank for the purposes ofmaking a blood donation. This leave is subject to a maximum of four (4) hours payment atordinary time rate for each occasion on which ordinary time pay is lost. The Employeeshall provide V/Une with reasonable notice in advance and a certificate of attendance atthe Blood Bank.

6.9 CITIZENSHIP CEREMONY LEAVE(a) An Employee who is required to attend a ceremony for the purposes of receiving

his/her Australian Citizenship Certificate shall receive leave with pay at ordinarytime rate for any time on which ordinary time pay are lost.

(b) The Employee shall provide V/Une with reasonable notice in advance and allowthe Citizenship Certificate to be sighted for verification..

6.10 SPECIAL LEAVE(a) Where an Employee requires time away from work for a substantial reason (i.e.:

Additional Compassionate, Major Sporting Events, Study) they may be grantedpaid leave at the discretion of the Employer.

(b) The aforementioned is an indicative listing of the leave that may be sought byEmployees, however it is not limited to only these forms of leave and may beextended to other leave at VJUne's discretion.

6.11 OH & S REPRESENTATIVES TRAINING LEAVE(a) An Employee elected as an Occupational Health and Safety Representative may

be granted five days paid leave to undergo introductory or refresher training whichwill be provided by the Employer.

(b) The training should be undertaken as soon as practicable after appointment,having regard to the availability of course places and work requirements.

(c) The granting of leave applies only to the first period of election.

(d) Further training in health and safety, in such matters as specific hazard courses,safe working practices or to provide necessary emergency services should beundertaken as appropriate and at V/Une's discretion as to timing.

(e) Payment is not to be made for travelling time in addition to the leave granted.

(f) Leave to attend courses is not to be debited against any leave.

61 L..E..iul e

(g) Payment is to be as for a normal rostered shift and to include shift allowance, sitedisability allowance or any all purpose allowance regularly paid but not for rosteredovertime that would otherwise have been worked.

(h) Payment is not to be made for incidental allowances such as dirt, heat, fumesallowances etc, as may be paid intermittently.

(i) Where an Employee works shifts, attendance should be scheduled where practicalto maintain the shift pattern and not exceed the normal number of shifts.

6.12 LEAVE WITHOUT PAYLeave without pay may be granted at the expiration of Employees' leave entitlements atV/Line's discretion.

6.13 TRAUMA COUNSELLINGIn the event of a traumatic incident at work, professional trauma counselling shall be madeavailable to an Employee.

6.14 BUSINESS IMPROVEMENT REWARDS

As a consequence of initiatives achieved during the life of the former EDI Agreement toimprove the productivity and efficiency of the business, and the subsequent extension ofthe additional days paid leave as set out in the previous Agreement, it has been agreed tocontinue this practice for the duration of the life of this Agreement. Five additional dayspaid leave will be credited to Employees concerned from 1 January 2010; 1 January 2011and 1 January 2012.

Leave shall be taken by 31 December in each year and is not to accrue beyond that datein each year.

6.15 COMMUNITY SERVICE LEAVE

6.15.1 Meaning of eligible community service actlvlty

Each of the following is an eligible community service activity:

(a) jury service (including attendance for the purpose of jury selection) that is requiredby or under a law of the Commonwealth or of a State or Territory'; or

(b) carrying out a voluntary emergency management activity (within the meaning of s 109 ofthe Fair Work Act; or

(c) Any activity prescribed by the Fair Work Regulations 2009.

6.15.2 Entitlement to be absent from employment for engaging in eligible communityservice activity

An Employee who engages in an eligible community service activity is entitled to beabsent from his or her employment for a period if:

(a) the period consists of one or more of the following:

(i) time when the Employee engages in the activity;

62~e

(ll) reasonable travelling time associated with the activity;

(iii) reasonable rest time immediately following the activity; and

(b) unless the activity is jury service - the Employee's absence is reasonable in all thecircumstances.

6.15.3 Notice and Evidence Requirements

Notice

(a) An Employee who wants an absence from his or her employment to be covered byCommunity Service Leave must V/Line notice of the absence.

(b) The notice:

(i) must be given to V/Line as soon as reasonably practicable (which may be atime after the absence has started); and

(ii) must advise V/Line of the period, or expected period, of the absence.

Evidence

(c) An Employee who has given V/Line notice of an absence under 6.15.3 (a) must, ifrequired by V/Line, give V/Line evidence that would satisfy a reasonable personthat the absence is because the Employee has been or will be engaging in aneligible community service activity.

Compliance

(d) An Employee's absence from his or her employment is not covered by the aboveclauses unless the Employee complies with this section.

6.15.4 Payment to Employees (other than casuals) on eligible community service activity

(a) This section applies if:

(i) in accordance with the above clauses, an Employee is absent from his orher employment for a period because of an eligible community serviceactivity; and

(ii) the Employee is not a casual Employee.

(b) Subject to 6.15.4 (c) and (d) V/Line must pay the Employee at the Employee'sbase rate of pay for the Employee's ordinary hours of work in the period.

(c) V/Line may require the Employee to provide evidence of attendance that wouldsatisfy a reasonable person.

(d) Where VlLine requires the Employee to provide evidence of attendance under theprovisions of 6.15.3, the Employee is not entitled to payment under 6.15.4 (b)unless the Employee provides the evidence.

63~e

6.16 TRADE UNION TRAINING LEAVE

6.16.1 Employees will be entitled to up to five (5) days trade union training leave per year withpay to attend a course(s) (however described) which are directed to improving the skillsand knowledge of the participant in the system of workplace relations.

6.16.2 Training content may include but is not necessarily limited to knowledge about thesystem of workplace relations including rights and obligations of Employers andemployees, skills such as communication, negotiations, dispute resolution and grievancehandling, bargaining and agreement making, research equity and discrimination, andhealth and safety.

6.16.3 Release of Employees to attend training is subject to operational requirements.

64~e

PART 7 GENERAL ITEMS

7.1. TRAVEL PASS ENTITLEMENTS

7.1.1 Travel pass entitlements will be as follows:

(a) Eligibility

An Employees Free Travel Authority ("EFTA") and touch-card will be issued to fulltime and permanent part time Employees of V/Line for the respective period oftheir employment.

Casual or temporary Employees (including Part-time) are not eligible to be issuedwith an EFTA unless it can reasonably be expected they will qualify to be issuedwith annual leave passes (Le. it is foreseen their tenure will be for a period of 12months or more) and whose regular roster provides for three shifts or more to beworked each week. In cases where it is foreseen that the tenure of a casual ortemporary Employee (including Part-time) will be for a period of less than 12months such Employee should be issued with a first class pass for the anticipatedperiod of employment only.

(b) Leave of Absence Without Pay

An Employee who has been granted approval to be absent for greater than 4weeks leave without payor due to unforeseen circumstances has been absent onleave without pay, must surrender their EFTA and touch-card prior to departure forsuch leave or as soon as possible after it becomes known that the unforeseencircumstances will necessitate an absence of more than 4 weeks. The onlyexceptions are for periods of authorised sick or injury leave covered by a medicalcertificate.

(c) Return of EFTA

An Employee who retires, resigns or whose service is terminated for any reason,including redundancy must surrender their EFTA and touch-card on the final day ofservice.

(d) Travel Availability

The EFTA is available for first class travel (where first class services are provided)on the following services:

*

*

Melbourne Metropolitan trams, trains and buses (both Government andprivately owned)

V/Line services including V/Line rail replacement coach services

(e) EFTA does not permit travel on the following services:

*

*

Interstate trains beyond Albury or Wolsey

Chartered trains, trams and buses

65~e

*

*

*

Tourist railways and trams

Privately operated country and provincial city route buses unlessdesignated a V/Line service; and

other services as determined by the Department of Infrastructure.

(f) Reservations

Travel is permitted on services requiring compulsory seat bookings butreservations on these services can only be made in the 24 hours prior to travel,unless otherwise provided for.

7.1.2 Intrastate Leave Passes

(a) Employees granted paid leave of absence in accordance with 7.1.2(b) for a periodof 5 days or more can be issued with a free first class intrastate travel pass for theirspouse and eligible dependent children to the extent of the respective leave period,including, where applicable, the period covered by leave payments in lieu.

(b) Paid leave of absence referred to in 7.1.2(a) includes accrued annual leave,accrued public holidays, accrued 38 hour credits (EDO's) long service leave, flexileave and off roster days. In addition the period covered by such passes may beextended to cover up to a maximum of two weeks leave of absence without paywhen adjoining the grants of annual leave, long service leave and/or accrued pubicholidays.

(c) Employees granted leave of absence as a deduction from annual leave, longservice leave or accrued public holiday credits are eligible to be issued with anintrastate pass (subject to minimum debit of five days) or a destination pass(minimum debit three days) to or from a V/Line serviced location traveling firstclass where applicable for self and eligible dependents. The pass issued may beextended to cover an EDO/PLD, accrued 38 hour week credits,

(d) Where an Employee is granted a period of long service leave at half pay, anintrastate pass may be issued, but only to cover the period of the face value of thedebit to long service leave credits.

7.1.3 Interstate Leave Passes

(a) Eligibility

(i) Interstate Passes will be made available in accordance with the provisionsbelow to Employees who were employed by V/Line Passenger before 1July 2003. New Employees engaged by V/Line Passenger after 1 July2003 will not attract interstate pass requirements. Employees, who as at 4May 2007 (the date of transfer of Regional Network and Access Infrastructure - functions to V/Line), who were eligible for an interstate leavepass (i.e. who commenced employment prior to 1 May 1999), will continueto retain eligibility for the interstate leave pass. ("Eligible Employees")

(ii) Employees are eligible for an interstate free travel voucher for self anddependents for the period representing accrued annual leave, accrued

66 l...E..i!J1 e

public holidays, accrued 38 hour credits and an additional separate freetravel voucher representing accrued long service leave subject to certainconditions.

(iii) New Regional Network and Access - Infrastructure Employees whocommenced with V/Line after 4 May 2007 will not be eligible to receiveInterstate Free Travel Vouchers.

(iv) One free interstate travel voucher will be issued to eligible Full timeEmployees when clearing a minimum of three days annual leave and/oraccrued public holidays, for travel to or through another State in any annualleave year on a non-accumulative basis.

(v) For grants of long service leave (minimum debit three days) only oneinterstate free travel voucher may be issued to or through another State forthe total long service leave due to an Employee throughout his/her service.Regulations permit an interstate free travel voucher to be issued for travelto "Western States and another to Northern States."

(vi) Part-time Employees are not eligible for interstate free travel vouchersunless a minimum of 1750 hours of duty have been completed during thepreceding 12 months.

(vii) Interstate free travel vouchers issued but not used may be returned to theissuing officer on resumption from leave. In these situations the entitlementwill be re-instated.

(viii) Interstate free travel vouchers may be extended and in specialcircumstances beyond the two weeks leave without pay period prescribed.

(b) Entitlement

(i) Eligible Employees when granted paid leave of absence (as prescribed)may be issued an interstate travel pass for self and eligible dependents,subject to certain conditions such Employees who are entitled to one freeinterstate pass in any annual leave year. If the entitlement is unused in anygiven year, it does not accumulate.

(ii) Employees are issued with an Interstate Free Travel Voucher which isexchanged for a ticket, enabling travel on:

• Intersystem train services that extends beyond Victorian borderstations;

• Intersystem services that extend beyond V/Line interstateRail/Coach Link Service Terminals

• Other intersystem services that entail travel across at least one Stateborder.

(iii) Interstate Free Travel Tickets are not available for travel on:

• Public transport services in the metropolitan area of any capitalcity;

67l£..i!Jl e

• Chartered or privately owned interstate services unless designateda service of the particular rail system

• Tourist services

• Certain intersystem services as nominated from time to time.

• Services beyond the 'approved capital city'; e.g. when travelling formMelbourne to Cairns, the Free travel Tickets will be available fortravel from Melbourne to Brisbane only.

(iv) Interstate pass entitlements as set out above will apply for the duration ofthis Agreement.

7.1.4 Deferment of Passes/Interstate Free Travel Vouchers Due to III Health

On production of a medical certificate stating that the Employee is/was unable to usehis/her intrastate pass/interstate free travel voucher due to ill health, entitlements may bedeferred for up to six months.

7.1.5 Retired Employee Travel Pass (R.E.T.A)

Application

(a) This clause 7.1.5 provides for the issue of the RETA to certain Employees ofV/Line Pty Ltd in certain circumstances and applies to two classes ofEmployees; those who retire (including due to ill health) and those whoseemployment is terminated by reason of redundancy.

Entitlement on retirement

(b) A RETA will only be provided to an Employee who was employed by the PublicTransport Corporation (PTC) prior to privatization on 29 August 1999 ("EligibleRETA Employee") and who meet the following criteria. Employees whocommenced with any of the subsequent Companies/Employers after that dateare ineligible for an RETA regardless of years of service, Eligible RETAEmployees whose employment is terminated during the operation of thisAgreement:

(i) either by V/Line (Pty Ltd) or by the Employee due to ill-health; or

(ii) by the Employee in circumstances where that Employee has reached theminimum retirement age (age 55), and who, at the time of the termination oftheir employment, had

• at least 20 years of service with V/Line Pty Ltd or a predecessororganization (including service with the Public Transport Corporationbefore 29 August 1999) and;

• were Employees who transferred from the Regional Network andAccess -Infrastructure Group - to V/Line on 4 May 2007

are entitled to R.E.T.A. benefits in accordance with Clause 7.1.5 (c) below.

68~e

(c) On or before the termination of the employment of an Employee described inclause 7.1.5 (b) V/Line will issue to that Employee:

(i) a principal RE.T.A. for use by the Employee after the termination of theiremployment; and

(ii) additional subsidiary RE.T.A's for use by their spouse and each of theireligible dependants.

Entitlement on redundancy

(d) Employees who during the operation of this Agreement:

(i) have their employment with V/Line Pty Ltd terminated by reason ofredundancy;

(ii) are entitled to a severance payment; and

(iii) at the time of the termination of their employment had at least 20 years ofservice with V/Line Pty Ltd or a predecessor organization (including servicewith the Public Transport Corporation before 29 August 1999); and

(iv) have reached the minimum retirement age;

will and prior to their termination, be issued with a principal RE.T.A. for use bythe Employee after the termination of their employment together with additionalsubsidiary RE.T.A's for use by their spouse and each of their eligibledependants.

Benefits on death of an Employee

(e) In circumstances where an Employee was entitled to R.E.T.A. benefits inaccordance with this clause 7.1.5 at the time of their death, V/Line will issue theEmployee's benefits in respect of RE.T.A. passes that may be utilised by theEmployee's spouse and/or eligible dependants directly to the spouse and/oreligible dependants.

Ineligibility

Employees who commenced employment with V/Line or a predecessor organization after28 August 1999 are ineligible for a retirement pass even if they achieve 20 years service.

69~e

R.E.T.A.

(f) The R.E.T.A is a travel pass which authorises the holder to concession travelwithout charge on certain public transport services. The RETA can only beissued to the eligible spouse and dependant children at or after the Employeeturns 55 years of age (the Nominal Retirement age) and subject to theEmployee retiring. The conditions contained in clause 7.1.5 (b) must be met forthe issue of an RETA. The terms of all R.E.T.A.s are subject to terms andconditions imposed by V/Line from time to time;

(g) Without limiting clause 7.1.3(b)(iv) the terms of a R.E.T.A. issued to anemployee who on 29 August 1999 had less than 20 years of service with thePublic Transport Corporation will not provide for intersystem travel concessions;

(h) Those sections of clauses 4.13 (Salary Packaging) which refer to the permanentsurrender of interstate travel passes take precedence over the provisions of thisclause.

7.2 TRAINING AND SKILLS DEVELOPMENT

7.2.1 V/Line commits to developing a highly skilled and flexible workforce, providing Employeeswith career opportunities through relevant and appropriate training to acquire additionalskills and to enhance their skills in existing and new technologies where such training is tothe benefit of V/Line.

7.2.3 Employees will be paid for attending approved training programs during standard workinghours. Reasonable out of pocket expenses will be reimbursed on the production of areceipt/tax invoice.

7.2.4 Release of Employees to attend training is subject to operational requirements.

7.2.5 V/Line will utilise relevant standards in the development and delivery of training, includingbut not limited to AQF Framework.

7.2.6 Career Development Reviews and Plans

V/Line will continue to improve Employee participation in performance, careerdevelopment and training reviews. Any program or improvement for Employeeparticipation in performance, career development and training reviews will be subject tothe consultation provisions of this Agreement.

7.3 TRANSFER OF BUSINESS - CONTINUITY OF SERVICE

In the event of V/Line selling, transmitting, assigning or otherwise transferring the whole orpart of the business in which Employees covered by this Agreement are employed, and inthe event of Employees being offered employment in that business by a new employerupon the terms and conditions of employment of this Agreement with continuity ofentitlements and at the same location, l.e, where service with V/Line Passenger counts asservice with the new employer, then V/Line will not be liable for payment of anyredundancy or severance payments in respect of the termination of employment of suchEmployees arising from the transfer.

70~e

7.4 ACCIDENT MAKE UP PAY

7.4.1 An Employee, who is in receipt of workers compensation payments, shall also receivepayment from V/line of an amount equal to the difference between the workerscompensation payment and the Employee's ordinary base rate of pay at the time of theinjury for a maximum period of fifty-two (52) weeks.

7.4.2 An Employee on engagement shall be required to declare all workers compensationclaims made by them and in the event of false or inaccurate information being deliberatelyand knowingly declared V/Line may require the Employee to forfeit their entitlement toaccident pay.

7.4.3 Accident pay shall not be paid where any period of other paid leave of absence has beengranted.

7.4.4 In the case of an Employee rostered off on a programmed leisure day/extra day off whichfalls in a period when they are receiving workers compensation, they are not entitled to analternative programmed leisure day/extra day off at a later stage.

7.4.5 V/Line shall not dismiss any Employee by reason only of them being in receipt of accidentpay.

7.4.6 An Employee off duty and in receipt of accident pay shall continue to receive payments ofany acting in higher allowance being paid at the time of the injury for the full period thatthey would have continued to so act.

7.4.7 Where an Employee has submitted a claim for workers compensation and there has beena delay in submitting the required documentation to make weekly payments (e.g. medicalcertificates and/or claim forms), they may be paid sick pay (subject to the availability ofPersonal Leave credits) pending determination of the claim. On acceptance of a claim,leave used under this clause for the claim will be re-credited. In the event that there areno sick leave credits available, other leave may be used, subject to the usual approvalprocess.

71~e

PART 8 AWARD CLAUSES INCORPORATED FROM THE "RAILWAYSTRAFFIC PERMANENT WAY AND SIGNALLING WAGES STAFF AWARD,2002"

INTRODUCTION:

The following provisions apply to Employees who are employed in a position listed in "Table ASchedule of Wage Rates - Per Way Maintenance Grades" in clause 4.2, Part 4 of thisAgreement. These provisions are incorporated into this Agreement from the "Railways TrafficPermanent Way and Signalling Wages Staff Award, 2002".

Where there is any inconsistency between the provisions of this Part and those contained in Parts1 to 7 of this Agreement the provisions of the latter Parts shall prevail.

8.1 DEFINITIONS

8.1.1 "Asbestos eradication" means any work involved in the removal or any other method ofneutralization, of any materials which consist of, or contain asbestos.

8.1.2 "Bridge work" means work performed on bridges and underline culverts.

8.1 .3 "Headquarters" means the stations, lengths, places or depots to which Employees areattached. In the cases of Employees on the regular relieving staff, "headquarters" shallmean the stations, places or depots from which their movements are controlled.

8.1.4 "Platelaying work" means:

(a) all work in authorised regular platelaying gangs;

(b) work such as relaying, renewal of points and crossings and in station yards etc.,carried out by a gang not being an authorised platelaying, gang provided theEmployer certifies that the gang is engaged in platelaying work.

(c) All other work performed by Employees working in special or extra permanent waygangs except flagging or timekeeping.

8.1.5 "Relaying work" means:

(a) points and/or crossing work as a continuous job equal in magnitude to that oflaying or renewing a complete simple turnout;

(b) laying, relaying or renewing of rails in a track as a continuous job involving at least101 meters of rail.

(c) Laying, relaying or renewing of track with welded rails at a level crossing.

8.1.6 "Suburban area" means the electrified lines with the exception of the portion beyondDandenong and shall include the lines from Newport to Sunshine and from Albion toBroad meadows.

72~e

8.1.7 "Unavoidable necessity" includes circumstances where compliance involves theEmployer in expenditure which is unreasonable.

8.2 ALLOWANCES AND EXPENSES

8.2.1 First Aid allowance

Employees appointed by the Employer to perform first aid duty shall be paid $10.00 perweek provided that such Employees shall be required to pass the appropriate first aidexamination every three years.

8.2.2 Transfer allowances

(a) Employees required by the Employer to permanently transfer from one location toanother shall be paid actual reasonable out of pocket expenses; but in each casedetails of the expenses shall be submitted and all items must be supported byreceipted vouchers.

(b) Employees who are permanently transferred shall be reimbursed all reasonablerelocation expenses for themselves, their spouses, their dependents and theirfurniture and effects.

(c) Employees required by the Employer to permanently transfer shall be given,except in special cases of emergency or unforeseen occurrence, seven daysnotice and allowed such time as is deemed necessary, with a maximum of oneday, in which to pack and such time as is necessary, with a maximum of one day,to unpack their effects.

(d) Employees shall not be permanently transferred for a period of less than threemonths. Employees who have been permanently transferred and who are againpermanently transferred before the expiration of three months, shall be paidtravelling and incidental expenses as though they were only temporarily absentfrom their headquarters in the first instance except for Employees who aretransferred at their own request, for disciplinary reasons and/or for incompetencebefore the expiration of the relevant three month period.

(e) Any Employee who has been transferred as a requirement of the Employer andhas been unable to procure housing accommodation at their new location shall bepaid travelling and incidental expenses under sub-clause 8.2.4 for a period of up to7 days.

8.2.3 The provisions of this clause do not apply to Employees who apply for voluntary transfer.Such transfers are instead to be dealt with in accordance with the provisions of Item 85 ofAppendix 1 of this Agreement - "Relocation/Removal Expenses".

8.2.4 Travelling and incidental expenses

(a) Employees shall be paid a meal allowance of $8.10 per meal in the followingcircumstances.

(b) Where their headquarters are within the suburban area and who in substitution forthe whole or part of a shift are required to undertake special relief or emergencywork at a location between 3.2 and 16km from their headquarters and who are

73~e

required to be absent from their residence for at least an hour and a half longerthan had they worked their regular shift.

(c) Where their headquarters are outside the suburban area and who in substitutionfor the whole or part of a shift and required to undertake special relief oremergency work at a location no more than 16km from their headquarters and whoare required to be absent from their residence for at least an hour and a half longerthan had they worked their regular shift.

(d) Where they were unable to return home for a meal and have not been provided bythe Employer with suitable refreshments after each five hour period if they are onduty:

(i) For a period of more than five hours beyond the time of recommencing dutyafter a meal interval.

(ii) Subject to (iii) for a period of more than ten hours where there is no mealinterval.

(iii) For a period of more than five hours on a shift of rostered duration of fivehours or less with or without an alternative, or on a shift substituted for oneof five hours or less duration without prior notice of the intended extensionor substitution of the shift.

(iv) In respect of a broken shift, for more than two hours beyond the ordinarytime for the completion of such shift.

provided that where a meal interval exceeds one hour Employees shall be deemedto have recommenced duty one hour after the commencement of the meal intervalwhere the period of duty immediately prior amounts to more than four hours.

Meal interval means an interval off duty where the time and duration thereof isfixed by the Employer and allowed with or without pay for the purpose of partakingof a meal or crib.

Prior notice means at least two hours where the shift commences between 0800hours and 2200 hours and twelve hours otherwise.

This sub-clause shall not apply where an Employee receives payment for a mealunder any other provision.

(e) Employees, (other than Employees on the regular relieving staff); who aretemporarily transferred and required to reside away from home, or not temporarilytransferred but utilised away from their headquarters shall be paid travelling andincidental expenses at the rate of $138.20 per day (i.e. $17.80 for each ofbreakfast and lunch, $26.10 for tea and $76.50 for bed) for the first four weeksand, in the case of shift workers, five weeks at the same place and $118.30 perday thereafter (i.e. $16.70 for each of breakfast and lunch, $20.70 for tea and$64.20 for bed). The first four or five weeks period, as the case may be, at thesame place shall not be deemed to include the day of departure fromheadquarters unless a full day's expenses are payable for such day.

(f) The allowance for breakfast, dinner, tea or bed, as the case may be, provided insub-clause 8.2.4(e) shall not be paid to Employees unless they commencetravelling from their headquarters earlier than the time specified in the second

74l..!:..i!....9. e

column hereunder and/or do not return until after the time specified in the thirdcolumn hereunder but no allowance shall be paid where the absence fromheadquarters is under three hours nor for a bed when a bed is not reasonablyrequired.

BreakfastDinnerTea

If departure before

0700 hours1230 hours1800 hours

If return after


(g) Employees shall not be paid any expenses under sub-clause 8.2.4(e) at anyonelocality or place for a period exceeding three months.

(h) No allowance shall be paid to Employees for being absent from their headquartersif they leave from and return to their headquarters on the same day unless:

(i) their headquarters are within the suburban area and they are required totravel outside the suburban area to a place more than 50km distant fromtheir headquarters;

(ii) their Headquarters are outside the suburban area and they are required totravel to a place at least 50km distant from their headquarters;

whereupon they will be eligible for the breakfast allowance if they depart before0700 hours and the tea allowance if they return after 1900 hours. In the case ofEmployees undertaking relief duty who travel to and from their place of residence,their place of residence shall be deemed to be their headquarters unless theirheadquarters are closer to the relief location than their residence.

(i) The meal allowances provided in sub-clause 8.2.4(e) shall be paid to Employees whoare required to perform night duty of at least six hours duration, either inside oroutside of the suburban area, in connection with an accident, alteration to lines orbridges, or other work of a special character without being provided with:

(i) notice prior to leaving home for duty that they would be required to performsuch night duty, or

(ii) an opportunity of going home for a meal; or

(iii) suitable refreshments by the employer during the night.

8.2.5 Travelling and waiting time allowances

(a) Employees who are located within the suburban area and are required to travel inorder to undertake duty at another place within the suburban area distant morethan 4.8 kilometres from their headquarters shall be credited with full-time at singlerate for the difference between the time at which it may be necessary for them toleave the station nearest to their place of residence for the temporary location andthe ordinary time of leaving for their headquarters, and also for the differencebetween the time at which they can, at the earliest, arrive at the station nearest totheir place of residence on the conclusion of their shift and the ordinary time oftheir arrival at their headquarters.

75~e

(b) Employees who are located within the suburban area and are required to travel inorder to undertake duty at another place within 4.8 kilometres of their headquartersshall not be credited with any time for the time occupied in travelling unless theyare required to first report at their headquarters, in which case they shall becredited with full-time at single rate for the time occupied in travelling from theirheadquarters to the place of duty.

(c) Employees undertaking relief duty who are:

(i) located within the suburban area and are required to travel in order toundertake duty at a location other than their normal headquarters which isoutside the suburban area and distant more than 4.8 kilometres from theirheadquarters; or

(ii) located outside the suburban area and are required to travel in order toundertake duty at a location other than their normal headquarters which isdistant more than 4.8 kilometres from their headquarters;

shall be credited with full-time at single rate for the difference between the time atwhich it may be necessary for them to leave their place of residence for thetemporary location and the ordinary time of leaving for their headquarters and alsofor the difference between the time at which they can at the earliest arrive at theirresidence on the conclusion of their shift and the ordinary time of arrival at theirheadquarters.

(d) This subclause shall have no application where Employees are required by theEmployer to reside away from home and are in receipt of expenses.

(e) Except as otherwise provided:

(i) Employees who are required in connection with their duty to travel awayfrom their headquarters between midnight on Saturday and midnight onSunday shall be credited with full-time at single rate for the period sooccupied.

(ii) Employees who are required in connection with their duty to travel awayfrom their headquarters to or from the scene of an accident, fire, or floodshall, whether their services be actually used or not, be credited with fulltime at single rate for the period so occupied.

Where a sleeping berth is provided, credit for travelling time will be at half time.

(f) Except as otherwise provided, Employees who are required to travel on duty as apassenger shall be credited in respect of the time so occupied with half time whenprovided with a sleeping berth and with full-time otherwise subject to a maximumtotal payment of one and one-half days at single rate in respect of each period of24 hours from the time the travel commences.

(g) Employees attached to the regular relieving staff shall be credited with any timeoccupied in travelling in connection with their duty, unless the time actually workedby or otherwise allowed them in respect of any shift amounts to less than one dayat full pay in which event they shall be credited with a total of one day for travellingtime and duty, or, if they are not called upon to work, with one day for the travellingtime only.

76~e

8.2.6 Camping Allowance

(a) Employees camped out and provided with sleeping accommodation by theEmployer for at least three days either in a continuous period or in anyoneworking week shall be paid a camping allowance of $6.35 in respect of each dayon which they camp out in accordance with the roster, inclUding the days on whichthey proceed to or return from the camp, but excluding any special return triparising from a non Employer source.

(b) Employees whose duties necessitate absence from the place where they arecamped out shall be treated on the basis prescribed in 8.2.4(e) as if such placewere their headquarters.

(c) Employees provided with sleeping accommodation by the Employer and obliged tocamp out but otherwise not coming within the provisions of 8.2.6(b) shall betreated on the basis prescribed in 8.2.4(e).

(d) No travelling or incidental expenses, including the camping allowance shall bepayable:

(i) during any period of absence from duty without pay;

(ii) on a public holiday or a day in lieu of overtime except when required by theEmployer to remain away;

(iii) during any period of annual leave;

(iv) during any period of other leave of absence with pay, provided thatexpenses or allowances, including camping allowance, shall be payable ona single day absence on approved sick leave with or without pay subject tothe production of receipts for accommodation for that day.

8.3 WORK ORGANISATION

Employees must undertake duties as directed on either a higher or lower grade Employees wherecircumstances required, providing the Employees are capable, trained or sufficiently experiencedto perform the work allocated.

8.4 STAND DOWN

8.4.1 The Employer may deduct payment for any time during which Employees cannot beusefully employed in the class or grade of work in which they are usually employedbecause of any strike or lockout by any persons whatsoever or through any breakdown inmachinery or any failure or lack of power or any restriction or shortage of power, coal, coalgas or materials or any other cause whatsoever for which the Employer cannot justly beheld responsible.

8.4.2 Where necessary, such Employees shall not refuse to accept duty in any class or grade ofwork lower than that in which they are usually employed, but whilst employed in such

77~e

lower grade they shall be paid a wage not less than that to which they are entitled in theirhigher or proper class or grade.

8.5 UNIFORMS

8.5.1 Where the Employer requires an Employee to wear a uniform the Employer shallreimburse the Employee the cost of such uniform. This provision shall not apply where theuniform is provided by the Employer.

8.5.2 It has been agreed that uniforms provided by V/Line and required to be worn byEmployees will be reviewed during the life of this Agreement with the aim of rationalizingissues and reducing costs.

8.5.3 The rationalization process will be progressed by the involvement of Employees from theaffected areas and their union or other nominated representatives using the consultativeprocesses of clause 2.1 of this Agreement.

8.6. SHIFTWORK ALLOWANCES AND PENALTIES

8.6.1 Employees who are called upon to work shift work shall be paid in accordance with thefollowing provisions:

(a) "Afternoon Shift" means a shift which commences before 1800 hours andconcludes at or after 1830 hours.

(b) "Early Morning Shift" means a shift which commences at or between 0400 and0530 hours.

(c) "Night Shift" means a shift which commences at or between 1800 and 0359hours.

8.6.2 All paid time on duty, excluding overtime or any week day time which is payable underterms of this Agreement at more than single rate Monday to Friday inclusive, will be paidthe following shift allowances:

Adults and junior Employees who are in receipt of an adult wage rate:

(a) Afternoon shift

(b) Night shift

(c) Early morning shift

$2.34 per hour;

$2.73 per hour;

$2.34 per hour.

8.6.3 In calculating the allowances herein prescribed, broken parts of an hour of less than 30minutes shall be disregarded and from 30 to 59 minutes shall be paid as for one hour.

8.6.4 In addition to the allowances prescribed herein, Employees in receipt of an adult wagerate whose ordinary time worked on any shift commences or finishes at or between 0101and 0359 hours on Monday to Friday, excluding public holidays or overtime shifts, shall bepaid for that shift a loading of $2.73 per shift and all other Employees shall be paid halfthat loading.

78 l.E.JuJ. e

8.6.5 Employees engaged on permanent night shift

In addition to the ordinary rate for all time worked during ordinary hours Employees who:

(a) during a period of engagement on shift, work night shift only;

(b) remain on night shift for a longer period than four consecutive weeks;

(c) work on a night shift which does not rotate or alternate with another shift or withday work so as to give them at least one-third of their working time off night shift ineach work cycle.

shall during such period of engagement, period or cycle be paid $5.53 per hour

This subclause shall not apply to Employees who elect to work a pattern of night shifts byway of mutual exchange as a matter of personal preference.

79~e

PART 9 AWARD CLAUSES INCORPORATED FROM THE RAILWAYSMETAL TRADES GRADES AWARD, 2002

INTRODUCTION:

The following provisions apply to Employees who are employed in position listed in "Table B Signals and Electrical Grades" in clause 4.2, Part 4 of this Agreement except for theclassifications of Senior S & C Officer Grades 3 and 4. These provisions are incorporated intothis Agreement from the "Railways Metal Trades Grades Award, 2002".


9.1 DEFINITIONS

9.1.1 "Electrical instrument makers and/or repairers" are Employees required to design, test,repair and build electrical measuring and/or recording appliances and/or instruments andto carry out experiments on same.

9.1.2 "Electricians special class" are electrical trades people mainly engaged on complex orintricate circuitry or both, the performance of which requires the use of knowledgeadditional to that gained by the satisfactory completion of the Industrial Electronics Course(Grades 1 & 2) as approved by the Education Department of Victoria, or its equivalent, byvirtue of:

(a) Having had not less than two years on-the-job experience as a tradespersonworking mainly on such complex or intricate circuitry work as will enable them toperform such work unsupervised where necessary and practicable; and

(b) Having by virtue of either the satisfactory completion of the Industrial ElectronicsCourse (Grades 1 & 2) or its equivalent, or the achievement of a comparablestandard of knowledge by other means including the on-the-job experiencereferred to in 9.1.2(a) hereof, gained a sufficient comprehension of such complexor intricate circuitry work as will enable them to examine, diagnose and modifysystems comprising inter-connected circuits.

9.1.3 "Fitters, maintenance, shop plant and equipment" are fitters employed on maintenanceof plant and equipment in workshops but does not include maintenance, repair or overhaulof plant or equipment which has been removed from the normal position in which it isused.

9.1.4 "Fitters mechanical plant" are tradesperson fitter and turners required and competent towork on the following plant and equipment:

(a) Petrol and diesel driven engines of small and large capacity.

(b) Fluid power equipment encompassing hydraulics and pneumatics.

(c) All mechanical, auto-electrical and electronic repairs, modifications andinstallations, associated with the plant and equipment under the control of the

80~e

Mechanical Plant Section at Laurens Street, North Melbourne workshops andassociated regional areas.

(d) All associated engineering equipment.

who are or were required during or following their apprenticeship to attend agreed trainingcourses or seminars designed to upgrade skills and knowledge on an as needed basis tofacilitate work requirements under the control of the Mechanical Plant Section and whoare prepared to work in the country or metropolitan regions as required for breakdown,maintenance, servicing and relieving work.

9.1.5 "Leading planning assistants" are planning assistants required to supervise and benormally responsible for the work performed by three or more planning assistants,including trainees and/or apprentices.

9.1.6 "Leading planning technicians" are planning technicians required to supervise and benormally responsible for the work performed by three or more planning assistants orplanning technicians of whom at least one is performing the work of a planning technicianor a leading planning assistant.

9.1.7 "Leading production planners" are production planners required to supervise three ormore technical persons engaged in planning activities, of whom at least one is performingthe work of a production planner

9.1.8 "Planning assistants" are Employees who have completed an appropriateapprenticeship or achieved an equivalent standard of trade knowledge and are employedon routine planning tasks requiring technical skill or knowledge.

9.1.9 "Planning technicians" are Employees who have had at least two years experience asplanning assistants or other experience deemed by the Employer to be the equivalentthereof and who, under the supervision of technical staff, are called upon to performduties which require the exercise of judgment and skill in excess of that required ofplanning assistants, but do not fall within the duties at the level as defined for a productionplanner.

9.1.10 "Production planners" are Employees:

(a) Who have been engaged for at least four years as planning assistants or whohave had two years experience as planning technicians, or who have had trainingdeemed by the Employer to be equivalent thereto; and

(b) Who have received an appropriate certificate of Production Engineering or itsequivalent; and

(c) Who are required in the performance of their duties to provide estimates of labour,tools or equipment required for the production of plant or equipment orcomponents or goods by engineering processes and who in carrying out suchwork are required to apply the skill acquired pursuant to the provisions of 9.1.1O(a)and 9.1.1 O(b) hereof.

9.1.11 "Signal maintenance technician" - progression to this grade is subject to:

(a) 2 years experience in the grade of electrical fitter, signal maintenance; and

81~e

(b) the successful completion of the Post Trade (TAFE) Industrial Electronics Coursegrades 1,2 and 3.

9.1.12 "Signal maintenance technician, in charge" - entry into this grade and progression fromClass 1 to Class 2 are subject to the successful completion of internal examinations.

9.1.13 "Sunday time" shall mean from midnight Saturday to midnight Sunday.

9.1.14 "Welders, class 1" are Employees (not being welders, class 2 or class 3) using electricarc or gas blowpipe or gas cutting plant.

9.1.15 "Welders class, 2" are Employers not being welders, class 3 engaged solely in thewelded manufacture of sheet metal goods or operating resistance welding machines oroperating automatic welding machines for the setting up of which they are not responsible.

9.1.16 "Welders, class 3" are Employees using electric automatic resistance welding machineor cutting scrap with a gas blow pipe.

9.2 PAYMENT OF WAGES

In the event of termination, Employees shall have their wages paid to them on the day oftermination or no later than the following day.

9.3 ALLOWANCES

9.3.1 Meal Allowance

Employees required to work overtime for more than two hours, without being notified theday before of such requirement, shall either be supplied with a meal by the Employer orpaid a meal allowance of $8.10 or if work extends beyond four hours a further mealallowance $8.10 for a second meal, but such payments need not be made to Employeeswho can reasonably return home for meals. Employees, who pursuant to notice, haveprovided a meal or meals but are not required to work overtime shall be paid the mealallowance for each meal so provided. Employees utilised away from their headquarters, andnot obliged to reside away from home, shall be eligible for the meal allowances but shall notreceive, in addition, travelling and incidental allowances under clause 9.3.5.

9.3.2 Special Allowances

The rates of pay for the following classifications include consideration for all disabilityallowances that might otherwise apply, e.g. wet work; confined space; extremes oftemperature; dirty work and height allowance:-

(i) Fitter, engaged outside workshops on overhaul and maintenance ofinterlocking equipment

(ii) Fitter, mechanical plant(iii) Fitter, maintenance shop plant and equipment(iv) Lighting and Power electrician class 1 to 5 inclusive(v) Fitter's assistant, with interlocking fitters(vi) Electrical fitter's assistant (signal maintenance other than in workshops)

82~e

9.3.3 Tool allowance

(a) Tradespersons supplying and maintaining tools ordinarily required in theperformance of their work as tradesmen - $10.05 per week. This allowance shallapply to apprentices on the same percentage basis as set out in clause 9.3.8 Rates of pay - apprentices. The allowance shall apply for all purposes of thisagreement.

(b) Employees required to use power tools, special purpose tools, precision measuringinstruments, snips in the cutting of stainless steel, monel metal and similar hardmetals, shall be reimbursed for the purchase of such equipment. The provision ofthis clause will not apply if the Employer provides such tools and instruments.

(c) Employees shall replace or reimburse the Employer for any tools provided by theEmployer which are lost or damaged through the Employees' negligence.

9.3.4 Transfer expenses

(a) Employees required by the Employer to permanently transfer from one location toanother shall be reimbursed actual reasonable out of pocket expenses; but in eachcase details of the expenses shall be submitted and all items must be supported byreceipted vouchers.


(c) Employees required by the Employer to permanently transfer shall be given,except in special cases of emergency or unforeseen occurrence, seven daysnotice and allowed such time as is deemed necessary, with a maximum of oneday, in which to pack and such time as is necessary, with a maximum of one day,to unpack their effects

(d) Employees shall not be permanently transferred for a period of less than twomonths. Employees who have been permanently transferred and who are againpermanently transferred before the expiration of two months, shall be paidtravelling and incidental expenses as though they were only temporarily absentfrom their headquarters in the first instance, except for Employees who aretransferred at their own request, for disciplinary reasons and/or for in-competencybefore the expiration of the relevant two month period.

(e) The provision of this clause does not apply to Employees who apply for voluntarytransfers. Such transfers are instead to be dealt with in accordance with theprovisions of Item 85 of Appendix 1 of this Agreement in "Relocation/RemovalExpenses"

83~e

9.3.5 Travelling and Incidental Expenses

(a) Employees, who travel on duty away from their headquarters and are required toreside away from home, shall be paid travelling and incidental expenses at the rateof $138.20 per day (i.e. $17.80 for each of breakfast and lunch, $26.10 for tea and$76.50 for bed) for the first four weeks and, in the case of shift workers, five weeksat the same place and $118.30 per day thereafter (i.e. $16.70 for each of breakfastand lunch, $20.70 for tea and $64.20 for bed). The first four or five weeks period,as the case may be, at the same place shall not be deemed to include the day ofdeparture from headquarters unless a full day's expenses are payable for suchday.

(b) The allowance for breakfast, dinner, tea or bed, as the case may be, provided in9.3.5(a) shall not be paid to Employees unless they commence travelling from theirheadquarters earlier than the time specified in the second column hereunderand/or do not return until after the time specified in the third column hereunder butno allowance shall be paid for a bed when a bed is not necessarily occupied.

BreakfastDinnerTeaBed

If departure before

0700 hours1230 hours1800 hours2400 hours

If return after

0900 hours1400 hours1900 hours2400 hours

(c) Employees utilised away from their headquarters or temporary headquarters whoare not obliged to reside away from home or Employees whose regular dutiesinclude travelling over any particular section or sections of line, whether obliged toreside away from home or not, who are not entitled to camping allowance shall bepaid the following travelling and incidental allowances:

(d) When the period of absence from headquarters:

(i) Exceeds ten hours but not 16 hours - $17.80

(ii) Exceeds 16 hours but not 24 hours - a further - $17.80

(iii) Exceeds 24 hours - a further - $17.80

(iv) Exceeds 32 hours - a further - $17.80

(v) Exceeds 40 hours - a further - $17.80

(vi) Exceeds 48 hours - a further - $17.80

(vii) Exceeds 56 hours - a further - $17.80

(viii) Exceeds 64 hours - a further - $17.80

for each additional 8 hour period an amount of $15.10.

84~e

(e) An additional allowance of $76.50 will be paid for each night an Employee isrequired to be away and sleeping accommodation is not provided.

(f) For the purpose of this subclause the period of absence from headquarters shallbe calculated from the time of signing on duty to the time of signing off duty.

(g) Employees who are not required to rest away from home whose absence exceedsten hours shall be paid $8.10 and an additional allowance of $8.10 for each furtherperiod of eight hours they remain absent over sixteen hours.

(h) Employees, on the regular relieving staff, shall not be paid any expenses under9.3.5(a) at anyone locality or place for a period exceeding two months.

(i) Employees camped out and provided with sleeping accommodation by theEmployer for at least three days either in a continuous period or in anyone workingweek shall be granted a camping allowance of $6.35 in respect of each day onwhich they camp out in accordance with the roster, including the days on whichthey proceed to or return from the camp, but excluding any special return triparising from a non Employer source.

(i) Employees whose duties necessitate absence from the place where theyare camped out shall be treated on the basis prescribed in 9.3.5(a) as ifsuch place were their headquarters.

(ii) Employees provided with sleeping accommodation by the Employer andobliged to camp out but otherwise not coming within the provisions9.3.5(i)(i) shall be treated on the basis prescribed in 9.3.5(a).

(j) .No travelling or incidental expenses, other than the camping allowance shall bepayable:

(i) during any period of absence from duty without pay;

(ii) on a public holiday or in lieu of overtime except when required by theEmployer to remain away;

(iii) during any period of annual leave

(iv) during any period of other leave of absence with pay provided thatexpenses or allowances, other than camping allowance, shall be payableon a single day absence on approved sick leave with or without paysubject to the production of receipts for accommodation for that day.

9.3.6 Travelling and waiting time allowances

(a) Employees who are located within the suburban area and are required to travel inorder to undertake duty at another place within the suburban area distant morethan 4.8 kilometres from their headquarters shall be credited with full time at singlerate for the difference between the time at which it may be necessary for them toleave the station nearest to their place of residence for the temporary location andthe ordinary time of leaving for their headquarters, and also for the differencebetween the time at which they can at the earliest arrive at the station nearest totheir place of residence on the conclusion of their shift and the ordinary time oftheir arrival thereat from their headquarters.

85~e

(b) Employees who are located within the suburban area and are required to travel inorder to undertake duty at another place within 4.8 kilometres of their headquartersshall not be credited with any time for the time occupied in travelling unless theyare required to first report at their headquarters, in which case they shall becredited with full time at single rate for the time occupied in travelling from theirheadquarters to the place of duty.

(c) Employees who are:

(i) Located within the suburban area and are required to travel in order toundertake duty at a location other than their normal headquarters which isoutside the suburban area and distant more than 4.8 kilometres from their

(ii) Located headquarters; or

outside the suburban area and are required to travel in order to undertakeduty at a location other than their normal headquarters which is distantmore than 4.8 kilometres from their headquarters shall be credited with fulltime at single rate for the difference between the time at which it may benecessary for them to leave their place of residence for the temporarylocation and the ordinary time of leaving for their headquarters and also forthe difference between the time at which they can at the earliest arrive attheir residence on the conclusion of their shift and the ordinary time ofarrival thereat from their headquarters

(d) This sub clause shall have no application where Employees are required by theEmployer to reside away from home and are in receipt of expenses.

(e) Except as otherwise provided:

(i) Employees who are required in connection with their duty to travel awayfrom their headquarters between midnight on Saturday and midnight onSunday shall be credited with full time at single rate for the period sooccupied.

(ii) Employees who are required in connection with their duty to travel awayfrom their headquarters to or from the scene of an accident, fire, or floodshall, whether their services be actually availed of or not, be credited withfull time at single rate for the period so occupied.

(f) Except as otherwise provided, Employees who are required to travel away fromtheir headquarters in connection with their duty shall, for each period of absence,be credited in respect of the time occupied in travelling with:

(i) Full time for the first five hours;

(ii) Three quarter time thereafter up to ten hours 40 minutes; and

(iii) Half time thereafter

subject to a maximum credit of one and a half days. Such period shall be deemedto commence when the travelling commences, and where the period exceeds 24hours from the time of commencement, the time to be credited shall be computedafresh after the expiration of each 24 hours absence. Where the time comprised inany such period of absence, in addition to any time worked immediately preceding

86~e

or following such period of absence, amounts to less than 24 hours, full time shallbe allowed for so much of the travelling time (but not more than the actualtravelling time) as may be necessary to make the total time credited equivalent toone day.

(g) Employees attached to the regular relieving staff and in receipt of travelling andincidental expenses allowance shall be credited with any time occupied in travellingin connection with their duty, unless the time actually worked by or otherwiseallowed them in respect of any shift amounts to less than one day at full pay inwhich event they shall be credited with a total of one day for travelling time andduty, or, if they are not called upon to work, with one day for the travelling time only

(h) Employees (except Employees dealt with under the provisions relating to suburbantravelling) who under these provisions are entitled to be credited with travellingtime and who are obliged to wait away from their headquarters after completion ofduty for a train on which to return to their headquarters shall be credited with timefor the period so occupied, unless they have been rostered off for rest during suchperiod, on the basis that such time shall be treated as continuous with the travellingit precedes.

(i) Travelling time on a Saturday shall be paid at the rate of time and a half.

9.3.7 Uniforms

Where the Employer requires an Employee to wear a uniform the Employer shallreimburse the Employee the cost of such uniform. This provision shall not apply where theuniform is provided by the Employer

9.3.8 Rates of Pay - Apprentices

The minimum rate for apprentices shall be the following percentages of the ordinaryweekly rate for fitters:

t'" Year 42%2nd Year 55%3ra Year 75%4th Year 88%

9.3.9 Signals and Electrical Employees (Table B of clause 4.2 refers)

Definitions:

"Afternoon Shift" means any shift finishing after 1800 hours and at or before midnight.

"Night Shift" means any shift finishing after midnight and at or before 0800 hours.

(a) Any afternoon or night shift in workshops which does not continue for fivesuccessive nights or more shall be paid at the rate of time and a half for the first fourhours and double time thereafter.

87~e

(b) For any afternoon or night shift worked in workshops which has been in operationfor five nights or more and for any afternoon or night shift worked outsideworkshops, 15% more than ordinary rates shall be paid.

(c) Employees who:

(i) During a period of engagement on shift work, work night shift only; or(ii) Remain on night shift for a longer period than four consecutive weeks; or(iii) Work on night shift which does not rotate or alternate with another shift or

with day work so as to give them at least one-third of their working time offnight shift in each shift cycle;

shall during such engagement period or cycle be paid 30% more than is ordinaryrate for all time worked during ordinary working hours on such night shift.

(d) For the purpose of this clause, the continuity of shift operations shall not bedeemed to be broken by suspension of a shift on any day or days on which it is notcustomary to work shifts at the location concerned, by temporary cessation of shiftworking due to a strike of any workmen or employees or on account of abreakdown of plant or machinery.

(e) Shift duty allowances payable under this clause are not payable for workperformed on weekends, overtime, or any week day time which is payable inexcess of single rate.

88~e

PART 10 AWARD CLAUSES INCORPORATED FROM THE RAILWAYSSALARIED EMPLOYEES (VICTORIA) AWARD 2002

INTRODUCTION:

The following provisions apply to Employees who are employed in a position of Senior S & COfficers Grades 3 and 4 listed in listed in "Table B - Signals and Electrical Grades" in clause 4.2,Part 4 of this Agreement. These provisions are incorporated into this Agreement from the"Railways Salaried Employees (Victoria) Award, 2002".

The provisions of this Part (Part 10) apply equally to Employees to whom the RailwaysProfessional Officers Award 2002 previously applied.


10.1 DEFINITIONS

10.1.1 The Expression

The expressions wherever practicable, as far as practicable, as long as practicable andany suchlike expressions mean that arrangements must be so made if they can bewithout:

(a) detriment to the public interest;(b) loss in the value of goods handled or to be handled(c) reducing the efficiency of production; or(d) reducing the efficiency of the necessary service

10.1.2 Headquarters

Headquarters or home station means the station, local work area or depot to which anofficer is attached. In the case of an officer on the regular relieving staff, headquartersshall mean the station, place or depot from which his movements are controlled.

10.2. GENERAL - SENIOR EMPLOYEES

10.2.1 Clauses 3.6 - Stand Down; 6.1 - Annual Leave; 6.4 - Personal Leave; and 6.7 - ParentalLeave and the relevant clauses in Parts 3 and 4 of this Agreement, together with thefollowing clauses from this Part, shall apply to Employees occupying positions classified atSenior Officer level, being Salaried Officer positions attracting a salary in excess of$67,743 as at 1.7.2009:-

(a) Clause 10.4.3 - Travelling and Incidental Expenses;(b) Clause 10.4.4 - Travelling Time; and(c) Clause 10.5 - Ordinary Hours

89 l.f..i!...f! e

10.3. SALARIES

10.3.1 Adult Officers

The Clerk Class 1 is the key classification for salaried Employees covered by thisAgreement. The relativity to the Metals, Engineering and Associated Industries Award,1998[AW789529] C10 classification is 97.1 %.

10.3.2 Junior Officers

(a) Junior clerical assistants, junior clerks and junior telegraphists under twenty-oneyears of age shall be paid rates of salaries at the following percentages of theminimum rate for clerical assistant, class 1, as amended from time to time

AgeUnder 17 yearsAt 17 yearsAt 18 yearsAt 19 yearsAt 20 years

Percentage5259.56881.591.5

(b) Provided that the salary of junior officers is to be calculated to the nearest dollar,any fraction of one dollar in the result not exceeding 50 cents to be disregarded.

(c) Juniors who are unable to live with their parents or guardians on account of thelocation of their work shall be paid at a rate not less than that herein prescribed fora junior eighteen years of age. Provided that when away from a home station andin receipt of expenses this subclause shall not apply.

10.4 ALLOWANCES AND EXPENSES

10.4.1 Relieving expenses

(a) Employees on the regular relieving staff, when engaged on relieving duty outsidethe suburban area, shall be paid country relieving expenses at the rate of $537.00per week.

(b) Employees on the regular relieving staff, when engaged on relieving duty in thesuburban area, shall be paid suburban relieving expenses at the rate of $16.60 perday provided that:

(i) Employees in receipt of suburban relieving expenses who are required toremain away from home overnight shall be paid travelling and incidentalexpenses up to a maximum amount of $73.90.

(ii) Employees on the regular relieving staff, whose headquarters are outsidethe suburban area, when engaged on relieving duty in the suburban area,shall be granted country-relieving expenses.

(iv) Employees performing relieving duty inside and outside the suburban areaon the one day (calculated from midnight to midnight), shall be paid the

90 I..f....§....g e

suburban relieving allowance if they are in the suburban area for thegreater portion of the day, and country relieving expenses if they areoutside the suburban area for at least half a day.

(c) Employees engaged for a period in excess of three months on relieving duty at anyone place or at different places between North Melbourne and Richmond,inclusive, shall not be allowed any expenses in respect of any period exceedingthree months.

(d) Relieving expenses shall be computed on the basis of seven days per week butshall not be payable during any period of absence from duty:

(i) Without pay.

(ii) On leave of absence with pay apart from public holidays or in lieu ofovertime.

(e) Employees in receipt of country relieving expenses who are actually living awayfrom their home for the time being, and who are required temporarily to undertakeduty away from such relieving location for a period of not more than seven days,shall be paid travelling and incidental expenses.

(f) Employees, ordinarily entitled to country relieving expenses, who are utilised torelieve at anyone place for a period of not more than seven days, other than incircumstances set out in 10.4.1 (e) shall be paid travelling and incidental expensesinstead of relieving expenses; but such Employees who, during a period in whichthey are receiving such expenses, are utilised for duty at some other station shallnot be entitled to any additional expenses under 10.4.1 (e).

(g) Employees, not attached to the regular relieving staff, who are temporarilyrequired to undertake duty at another place shall be entitled to receive travellingand incidental expenses.

(h) Employees acting in a higher position shall be paid relieving expenses applicableto the minimum rate of the grade or class, as the case may be, in which theEmployees are acting.

(i) Any Employee who is utilised to relieve or act as or to assist a districtsuperintendent and whose temporary headquarters are more than four kilometresfrom their ordinary headquarters shall, while so engaged, be paid expenses on thebasis of the travelling scale.

(j) Relieving expenses payable to an employee acting in a higher position shall becomputed at the rate applicable to the minimum salary of the grade (or class if thegrade be subdivided into classes) in which such Employee is acting.

91~e

10.4.2 Transfer allowances

(a) Employees required by the Employer to permanently transfer from one location toanother shall be paid actual reasonable out of pocket expenses; but in each casedetails of the expenses shall be submitted and all items must be supported byreceipted vouchers.


(c) Employees required by the Employer to permanently transfer shall be given,except in special cases of emergency or unforeseen occurrence, seven daysnotice and allowed such time as is deemed necessary, with a maximum of oneday, in which to pack and such time as is necessary, with a maximum of one day,to unpack their effects

(d) Employees shall not be permanently transferred for a period of less than threemonths. Employees who have been permanently transferred and who are againpermanently transferred before the expiration of three months, shall be paidtravelling and incidental expenses as though they were only temporarily absentfrom their headquarters in the first instance except for Employees who aretransferred at their own request, for disciplinary reasons and/or for incompetencebefore the expiration of the relevant three month period.

(e) The provisions of this clause do not apply to employees who apply for voluntarytransfer. Such transfers are instead to be dealt with in accordance with theprovisions of Item 85 of Appendix 1 of this Agreement - "Relocation and RemovalExpenses".

10.4.3 Travelling and incidental expenses

(a) Employees shall be paid a meals allowance of $8.10 per meal in the followingcircumstances:

(i) Where their headquarters are within the suburban area and who insubstitution for the whole or part of a shift are required to undertake specialrelief or emergency work at a location between 3.2 and 16km from theirheadquarters and who are required to be absent from their residence for atleast an hour and a half longer than had they worked their regular shift.

(ii) Where their headquarters are outside the suburban area and who insubstitution for the whole or part of a shift are required to undertake specialrelief or emergency work at a location no more than 16km from theirheadquarters and who are required to be absent from their residence for atleast an hour and a half longer than had they worked their regular shift.

(iii) Where they were unable to return home for a meal and have not beenprovided by the Employer with suitable refreshments after each five hourperiod if they are on duty:

92~e

*

*

For a period of more than five hours beyond the time ofrecommencing duty after a meal interval.

Subject to 1OA.3(b), for a period of more than ten hours where thereis no meal interval.

(iv) For a period of more than five hours on a shift of rostered duration of fivehours or less with or without an alternative, or on a shift substituted for oneof five hours or less duration without prior notice of the intended extensionor substitution of the shift.

(v) In respect of a broken shift, for more than two hours beyond the ordinarytime for the completion of such shift.

provided that where a meal interval exceeds one hour Employees shall be deemedto have recommenced duty one hour after the commencement of the meal intervalwhere the period of duty immediately prior amounts to more than four hours andfurther provided that where Employees are rostered to have a second unpaid mealinterval on any shift involving overtime and where such meal is taken the mealallowance shall be $16.60 Meal interval means an interval off duty where the timeand duration thereof is fixed by the Employer and allowed with or without pay forthe purpose of partaking of a meal or crib and prior notice means at least two hourswhere the shift commences between 0800 hours and 2200 hours and twelve hoursotherwise.

(b) Employees, other than Employees on the regular relieving staff; who aretemporarily transferred and required to reside away from home, or not temporarilytransferred but utilised away from their headquarters shall be paid the followingdaily travelling and incidental expenses:

(i) For the first four weeks, or five if a shift worker the rate per day will be:

Other Employees

Within Victoria$$138.20

Interstate

$199.80

(ii) After the first four weeks, or five if a shift worker, at the same place the rateper day will be:

Within Victoria

$

Interstate except aborder station$

Other Employees $118.30 $176.00

(iii) These amounts represent:

Rates per day$138.20$199.80$118.30$176.00

Breakfast/lunch$17.80$28.90$16.70$25.50

Tea$26.10$43.00

$20.70$39.10

Bed$76.50$99.00$64.20$85.90

93~e

(c) The first four or five weeks period, as the case may be, at the same place shall notbe deemed to include the day of departure from headquarters unless a full day'sexpenses are payable for such day.

(d) The allowance for breakfast, dinner, tea or bed, as the case may be, provided for in10.4.3(b)(iii) shall not be paid to Employees unless they commence travelling fromtheir headquarters earlier than the time specified in the second column hereunderand/or do not return until after the time specified in the third column hereunder butno allowance shall be paid where the absence from headquarters is under threehours nor for a bed when a bed is not reasonably required

If departure If return afterbefore

BreakfastDinnerTea



(e) Employees shall not be paid any expenses under 10.4.3(b) at anyone locality orplace for a period exceeding three months.

(f) Employees who depart from and return to their headquarters the same day, whose:

(i) Headquarters are within the suburban area who are required to traveloutside the suburban area to a place more than 50km distant from theirheadquarters.

(ii) Headquarters are outside the suburban area and who are required to travelto at place at least 50km distant from their headquarters.

Shall be paid a meal allowance of $15.30 in accordance with the timesprovided in sub-clause 10.4.3(d) except that the allowance for lunch shallonly apply if the absence exceeds four hours.

(g) In the case of Employees undertaking relief duty who travel to and from their placeof residence, their place of residence shall be deemed to be their headquartersunless their headquarters are closer to the relief location than their residence.

(h) Employees who are unexpectedly required to leave their headquarters and to beabsent over a period in which they would ordinarily have a meal at home, shall bepaid an allowance of $8.10 for such meal.

10.4.4 Travelling time

(a) Employees, whose annual rates do not exceed $67,742 [dollar less than SeniorOfficer Class 1] undertaking relief duty, other than those required to reside awayfrom home and in receipt of travelling and incidental expenses, who are:

(i) Located within the suburban area and required to sign on and off at alocation other than their normal headquarters which are outside thesuburban area and distant more than 4.8 kilometres from theirheadquarters.

94 l...!:.iul. e

(ii) Located outside the suburban area and required to sign on and off at alocation other than their normal headquarters which are distant more than4.8 kilometres from their headquarters.

Shall be credited with full-time at single rate for the difference between the time atwhich it may be necessary for them to leave their place of residence for thetemporary location and the ordinary time of leaving for their headquarters and alsofor the difference between the time at which they can at the earliest arrive at theirresidence on the conclusion of their shift and the ordinary time of arrival thereatfrom their headquarters.

(b) Employees, whose annual rates do not exceed $67,742 [dollar less than SeniorOfficer Class 1], required to travel on duty outside the hours of their normalrostered shift shall be paid for such travel at the single rate, unless otherwiseprovided herein, to the extent that it exceeds two hours in each period of 24 hoursup to a maximum of twelve hours, or eight hours when a sleeping berth isprovided, in each 24 hours. The 24 hour period shall be deemed to commencewhen the waiting and/or travelling commences and where the period exceeds 24hours, each 24 hours thereafter. Travel between Employees' residences and theirnormal place of work shall not be taken into consideration unless it is continuouswith further travelling and/or waiting.

(c) Payment for waiting and/or travelling time which commences on a Saturday shallbe at the rate of time-and-a-quarter and for that undertaken on a Sunday or apublic holiday shall be at the rate of time-and-a-half. Such penalty payment is notapplicable to waiting and/or travelling time which commences on Friday andextends into Saturday, or commences on a normal working day prior to a publicholiday unless such waiting and/or travelling time continues after 1000 hours onthe Saturday or public holiday in which case the appropriate penalty rate is to applyfrom midnight.

(d) The provisions of sub-clause 10.8.5 Minimum Payment, shall not apply to travellingtime payments.

10.5. ORDINARY HOURS

10.5.1 The ordinary hours of work shall be 76 per fortnight divided into not more than 10 shifts.

10.5.2 The ordinary hours of work shall be arranged so as to permit the taking of a rostered dayoff which shall operate on one of the following basis:

(i) Fixing one-week day on which Employees at a location will be rostered off during a4-week cycle over 28 consecutive days;

(ii) Rostering each Employee off on one week day of a 4 week cycle over 28consecutive days.

10.5.3 As far as practicable, after completing a full shift, Employees shall be allowed a minimumperiod off duty of 12 hours at their headquarters and nine hours at other locations. If aninterval of less than eight hours is deemed unavoidable then the time worked on the shiftfollowing such break shall be paid for at not less than the rate of time and a half exceptwhere the interval is reduced because of the working of overtime. This clause shall notapply to station agents.

95~e

10.5.4 Where Employees take time off during ordinary hours they may make up such time at alater date with the consent of the Employer.

10.5.5 Saturday work

Time worked on Saturday shall be paid for at the rate of time and one-half except forpublic holidays and Saturday work worked as overtime.

10.5.6 Sunday work

Time worked between midnight Saturday and midnight Sunday shall be paid for at the rateof double time. Such double time to be both the minimum and the maximum and shall notbe included in the computation of overtime on a fortnightly basis.

(a) Employees, who work on a Sunday, shall be paid for at least one-third of a day.

(b) Employees at stations outside the suburban area shall be paid on Sundays for:

(i) Not less than one-third of a day for attending to one train.

(ii) Not less than two-thirds of a day for one or more trains in the morning andone or more trains in the afternoon or evening provided that where thebreak of duty is less than four hours continuous time shall be paid save thatone hour for lunch or one hour for tea, or both, may be rostered off withoutpay at an appropriate time for lunch or tea (as the case may be).

(c) Employees at stations within the suburban area shall be paid for all time rosteredoff on Sundays during the shift in excess of one hour for lunch and one hour fortea.

(d) Employees who have performed Sunday duty shall not be required to work on thefollowing Sunday, except in a case of emergency or where practicablyunavoidable. For the purpose of this provision, work performed up to 0300 hourson a Sunday in completion of a shift commenced on a Saturday shall not bedeemed to be Sunday duty.

(e) As far as practicable, provision shall be made to roster off, for a day during thesame week, Employees who have worked a shift on Sunday.

10.5.7 In the case of broken shifts extending beyond a spread of eight hours, a minimum of oneday shall be paid for.

10.6. OVERTIME

10.6.1 For the purpose of this clause:

(a) Shift means a turn of duty during which some period of actual work has beenpreformed and includes a broken shift and/or shift on which no work has beenpreformed by reason of the Employee being on paid leave and/or engaged, otherthan on normal duties, in connection with medical, visual, aural or other companyrequired examinations or inquiries and/or attendance at Courts of Law in anemployer capacity.

96~e

(b) Fortnight for the purpose of calculating overtime on a fortnightly basis means timeworked in the first ten shifts (other than Sundays) in the current fortnightly payperiod.

10.6.2 Overtime shall be:

(a) Time worked on an ordinary shift after eight hours from time signed on and shall bepaid at the rate of time and a half for the first three hours and double timethereafter;

(b) Time worked, excluding Sunday time, in excess of 80 hours on ordinary shiftswithin one fortnightly pay period and shall be paid at the rate of time and one half;provided that payment shall be made upon the more favourable of thesealternatives and only one of these alternatives shall apply in respect of all overtimein anyone fortnightly period.

(c) Time worked on a first or second excess shift in a fortnightly pay period shall becalculated at the rate of time and one half except that any such excess shift whichis a Saturday shift, or any portion of an excess shift falling within Saturday time,shall be calculated at the rate of double time. Time worked on a further excess shiftin the same fortnightly pay period shall be calculated at the rate of double time.

10.6.3 Employees shall work reasonable over time as required by the Employer subject to thepayment of relevant overtime rates.

10.6.4 Employees may take time off in lieu of payment for overtime worked with the consent ofthe Employer and at a time or times mutually agreed upon by the Employee and theEmployer provided that:

(a) Such time off in lieu shall be taken during ordinary hours on the basis of one houroff for each hour of overtime worked.

(b) An Employee may elect to be paid the appropriate rate for overtime worked insituations where such time off in lieu has not been taken within four weeks of itbeing available to be taken.

Payments for any time worked shall not exceed the rate of double time except for specificpublic holidays provisions to the contrary.

97~e

10.7. SHIFT ALLOWANCES AND PENALTIES

10.7.1 For the purposes of this clause:

(a) Afternoon shift means a shift commencing before 1800 hours and concludingafter 1830 hours.

(b) Night shift means a shift commencing at or between 1800 hours and 0359 hours.

(c) Early morning shift means a shift commencing at or between 0400 and 0530hours.

Save that in the case of broken shifts each turn of duty shall be regarded separately.

10.7.2 For all paid time on duty, excluding overtime or any week day time which is payable in theterms of this agreement in excess of single rate, Monday to Friday inclusive, Employees inreceipt of an adult wage rate shall be paid the following shift allowances:

• Afternoon shift

• Night shift

• Early morning shift

• $2.34 per hour

• $2.73 per hour.

• $2.34 per hour.

10.7.3 All other Employees shall be paid the following shift allowances:

• Afternoon shift

• Night shift

• Early morning shift

•

•

•

$1.17 per hour.

$1.37 per hour.

$1.17 per hour.

10.7.4 In calculating shift allowances, broken parts of an hour of less than 30 minutes shall bedisregarded and parts from 30 to 59 minutes shall be paid for as one hour.

10.7.5 In addition to the allowances prescribed herein, Employees whose ordinary time workedon any shift commences or finishes at or between 0101 hours and 0359 hours Monday toFriday (excluding public holidays or overtime shifts) shall be paid a shift loading for thatshift as follows:

• If in receipt of an adult wage rate •

• If not in receipt of an adult wage rate •

$2.73 per shift.

$1.37 per shift

98~e

10.8. ROSTERS

10.8.1 Time off between shifts

As far as practicable Employees after completing a full shift shall be rostered off duty fortwelve hours if at their home station and nine hours if away from their headquarters. If aninterval of less than eight hours is deemed unavoidable, time worked on the shift followingshall be paid at time and a half unless the interval was reduced because of workingovertime.

10.8.2 Work on day off

Employees called upon to work on days they have been rostered off shall be given notless than twelve hours notice or paid for all time worked that day at time and a quarterunless they are otherwise entitled to payment for overtime for the time worked.

10.8.3 Shifts put back

Employees attending for duty who are informed they will not be required until a later timethat day shall be paid one hour's pay for such attendance unless at least two hours noticeprior to such attendance was given at their place of residence.

10.8.4 Attending for duty but not required

Employees who have been instructed to attend for duty who are subsequently informedthey will not be required that day shall be paid two hours pay for such attendance unlessat least two hours notice prior to such attendance was given at their place of residence.

10.8.5 Minimum payment

Employees required to, and undertaking duty on any day or shift shall be paid a minimumof three hours pay.

10.8.6 Meal breaks

Employees may be rostered off without pay for a meal break of not less than thirty minutesand not more than one hour. No more than two meal breaks shall be provided in anyoneshift and, except for special reasons, not more than one shall be given at a time as near aspracticable to the middle of the shift. If two meal breaks are provided their total shall notexceed one and a half hours save for extended shifts and are not to be used avoidtravelling and incidental expenses.

10.8.7 Employees, during the course of a shift, shall not be rostered off duty for more than halfan hour including time for a meal, between 2200 and 0600 hours unless agreed uponbetween the Employer and the Employee(s) concerned

99~e

APPENDIX 1

PRODUCTIVITY INITIATIVES

V/Line Passenger Infrastructure Enterprise Agreement

The initiatives set out in this Appendix identify productivity and other improvements in support ofrate increases provided for in clause 4.3.1.

The Parties covered by this Agreement agree that innovation and flexibility in hours of work, workpractices and conditions of employment are fundamental to the success of the business.

To encourage these practices, the Parties covered by this Agreement agree to accept and adoptan approach to the business that will allow work to be structured to meet V/Line's obligations to itsclients.

The Parties covered by this Agreement agree that continuous improvement and the acceptance ofongoing change are fundamental to the success of the business. Where change is necessary toaccommodate the process of continuous improvement, the change will be introduced withreference to the process specified in clause 2.1 and will include rail safety accreditationobligations. All Employees will be involved in the continuous improvement process.

SECTION A: 2009 - 2010: NEW INITIATIVES FROM HEADS OFAGREEEMENTA1. The following initiatives have been identified for inclusion in this Agreement and taken into

consideration when determining the level of increases provided for in clause 4.3.1.

A2. Productivity Initiatives - General

Subject to the consultative provisions contained in clause 2.1 of this Agreement theParties covered by this Agreement agree that the pay increases set out in clause 4.3.1include consideration for the cooperation and support for the following initiatives:

A 2.1 Victorian Government's "Victorian Transport Plan"

Initiatives contained in the Victorian Government's "Victorian Transport Plan." Inparticular, the following:

• increased capacity of regional rail services with more tracks and more trains (e.g.Regional Rail Link, including Tarneit; Sunbury electrification);

• developing platforms 15 and 16 at Southern Cross Station as a shared platformand shared line;

• re-establishment of the passenger rail services to Maryborough;

• increasing the current order of 54 locally built V/Line train carriages by up to 20 ,bringing the total to 74;

• delivering a multi-billion dollar upgrade of regional roads and rail freight underAuslink;

• upgrade of train stations across Victoria;

• upgrade of road and rail freight network (e.g. grade separation);

100 lE....§.Jl e

• continued upgrading of level crossings; and

• North East Rail Revitalisation and Wodonga Rail Bypass.

A 2.2 New Rail Services

The Parties covered by this Agreement agree to support the introduction of newpassenger rail services, and the return of passenger rail services (e.g. Maryborough)during the life of this Agreement.

A 2.3 Future Electrification of the Network

As part of the Victorian Transport Plan (Regional Rail Link) it is proposed that theSunbury line will be electrified. The Parties covered by this Agreement agree to supportthe implementation of changes as a result of the future electrification of the Network.

A 2.4 Introduction of new technology including, but not limited to, the following:

• new on train technology (such as electronic cards for catering and ticket salesand use of EFTPOS, by conductors in the buffet).;

• increased use of email and internet based facilities e.g. subject to rosterlimitations, logging on/off and reading and sending emails etc to be utilisedwithin existing shift times but when not possible, to be undertaken during thenext available shift;

• replacement of non urban train radio with digital radio;

• new technology radio systems;

• new signalling control technology such as screen based signalling equipmentinstalled at Wendouree which replaced Unilever manual panels;

• mobile computing; and

• electronic timesheets.

A 2.5 Recruitment of casual or short term Employees during vocational breaks

As part of V/Line's workforce planning framework and its attraction and retentionstrategies, V/Line will undertake the recruitment of short term and limited durationEmployees during vocational breaks and at weekends etc. Any such engagements willbe on a part-time or short term full-time basis as part of the development of a workforcefor the future. These appointments will be made in line with occupational health andsafety and other statutory requirements having regard to minimum skills and experiencerequired to perform the tasks. Employees concerned will not perform operational rolessuch as Shunter, Yardmaster, Driver, Train Crew, Conductor, Station Officer, Signaller,Track Maintainer etc. They will generally be engaged to work in short term learning rolesunder close supervision.

A 2.6 Rail Operations Management System (ROMS)

The planning and management of V/Line operations are currently performed using acombination of non-integrated systems and paper-based manual processes.

As part of V/Line's commitment to continuous improvement in the quality and efficiencyof its service delivery, ROMS will be progressively introduced from 2009. It will provideV/Line with a modern, integrated operations management system to manage timetables,fleet, staff rostering and day-of-operation service delivery.

The computerised rostering system (ROMS) will have the following 3 components:

101~e

• SMS (Staff Management System);

• FMS (Fleet Management System);

• TMS (Timetable Management System).

The Parties covered by this Agreement agree to support the implementation of thesystem during the life of the this Agreements and acknowledge that the new ROMSsystem will result in changes to the format of rosters and other associated documentationand work practices.

Improvements

Through ROMS, Employees will have access to an integrated operations managementsystem to:

• support long-term planning, short-term planning, platform allocation and dayof-operation management and post-Service transactions and managementreporting for Train Services (Timetable), fleet delivery and staff;

• enable faster, more efficient design, generation and distribution of newTimetables;

• produce efficient, robust, resilient, conflict-free Timetables that take intoaccount infrastructure restrictions, fatigue management business rules andagreements;

• produce staff Rosters that take into account passenger Service requirements,staff restrictions, business rules and agreements;

• produce fleet allocation and stabling plans that take into account fleetrestrictions, business rules and agreements;

• support staff time and attendance capture and award interpretation; and

• support changes and improvements in the railway operation resourceplanning processes.

Training

Training will be provided to all Employees that are required to use or view information inROMS. The training will be to an appropriate level of competence that allows staff toundertake their daily work activities.

Communication

V/Line will keep all affected Employees informed of the progress of the systems deliveryand implementation, and to provide timely advice of any planned changes in the projectrollout.

Employees for their part will be able to provide constructive feedback via their supervisor,manager, or elected employee representatives on any issues they note or foresee, soV/Line is able to take advantage of these observations.

A consultative framework will be developed with the relevant individual work group--areasinvolving affected Employees and their union or nominated representatives as part of theplanning process for the introduction of ROMS.

102~e

Change

V/Line will endeavour to avoid or minimise inconvenience that may be experienced bystaff during the implementation process

A 2.7 Acceptance of New Payroll System

The Parties covered by this Agreement accept that a new payroll system which isexpected to include provision for electronic sign on and sign off facilities which mayinclude, for example, scanning is to be introduced during the life of this Agreement.

It is the intention of the Parties covered by this Agreement to develop a program, includingworking parties where necessary, to implement this system during the life of theAgreement.

A 2.8 Introduction of "Payforce" standardised pay slips for Employees.

A 2.9 V/Line will be progressively implementing a Rail Resource Management(RRM) program during the life of the this Agreements

The RRM program will promote the optimal use of all available resources (information,equipment and people) to achieve safe and efficient operations. The RRM program aimsto optimise teamwork within the operational environment with a focus on threat and errormanagement (Le. avoidance, management, and mitigation of human error). The Partiescovered by this Agreement agree to co-operate and participate in the RRM program andto facilitate its implementation across V/Line, including participating in cross functionalRRM teams.

A 2.10 Restructuring of the V/Line business

The Parties covered by this Agreement agree to cooperate to achieve effective outcomesfrom the following V/Line business restructure projects:

• the CARS office organisation review;

• integrating the RNA and V/Line Passenger corporate services functions.

A 2.11 Half Sick Pay Credits

From the date of commencement of this Agreement all Half Day sick leave credits will beconverted to full pay credits.

A 2.12 Training Allowance

The Parties covered by this Agreement agree that a training allowance of any kind is notpayable to Employees, except where immediately before the commencement of thisAgreement an Employee has an entitlement to such an allowance under an industrialinstrument such a relevant federal Award or collective agreement made under theWorkplace Relations Act 1996 (Cth) that bound V/Line and save for this Agreementwould otherwise govern the Employee's terms and conditions of employment.

A 2.13 North East Standardisation Project

On completion of the North East Standardisation Project (standardisation of the gauge onthe northern corridor) including the proposed upgrade works on the Seymour and Alburycorridor, there will no allowances paid to Employees for such things as relocation of

103~e

home station from Wodonga to Albury. No extra travel time payments will be made toEmployees required to change work location from Wodonga to Albury. It isacknowledged that new work location facilities must comply with existing regulations andstandards for Employees. Any relocation will also be subject to the consultationrequirements of this -Aqreernent-

A 2.14 Wodonga Bypass

The Parties covered by this Agreement agree to support changes associated with theintroduction of the Wodonga bypass on the understanding that the consultationrequirements of Agreements will be observed to minimise any inconvenience toEmployees concerned.

A 2.15 Construction of new platform at Seymour

The Parties covered by this Agreement agree to support construction of the new platformat Seymour, including modification and upgrade of associated signals and tracks.

A 2.16 Standard Gauge Operations

Subject to the consultation requirements of this Agreement and with appropriatecommittees, e.g. DoT Rules Committee, the Parties covered by this Agreement agree tosupport introduction of rules associated with standard gauge operations.

A 2.17 Workforce Flexibility

The Parties covered by this Agreement recognise that the fluctuating nature of projectwork has an ongoing impact on workforce requirements. It has been agreed thereforethat V/Line will convert a number of existing contract Employees to fixed termemployment contracts for periods of up to 12 months after which time a review of overallworkforce requirements will be undertaken.

SECTION B: ONGOING INITIATIVES FROM THE 2007- 2009 UnionCollective agreement

The following business improvement initiatives have been retained as still relevant to thisAgreement.

B 1. MAJOR PROJECT INITIATIVES

The Parties covered by this Agreement agree to support the introduction of the followingmajor project initiatives during the life of the agreement:

(a) The Victorian Government sponsored Mildura Freight Line Upgrade which isscheduled to commence in September 2007.

(b) The recently announced government project to upgrade level crossings at variouslocations in regional Victoria.

B 2. GENERAL WORKPLACE INITIATIVES

In addition to the above, the following initiatives are agreed for implementation:

(a) Use of general business systems to enable staff to spend more time performing theircore business, including the use of mobile computing technology.

104~e

(b) Within the framework of this Agreement extension to the 10 shifts on, 4 shifts offprovisions to cover all work groups.

(c) Co-Operation with the introduction of new plant and equipment, including GangTrucks.

(d) To review the most appropriate method of delivering the maintenance and majorprojects service, including the use of contractors/supplementary labour.

B 3. SECURITY REQUIREMENTS

The Parties covered by this Agreement recognise that the national review of security inAustralia could have implications for public transport services. It is accepted thereforethat existing Employees and new Employees may be subject to more extensive personalprobity checks.

The Parties covered by this Agreement agree that V/Line staff, as part of the securityprogram may wear lanyards and EFTA to improve security and safety.

B 4 PRESCRIPTION SAFETY GLASSES

The provision of Personal Protective Equipment - Safety Glasses will be supplied inaccordance with the standards set out in the V/Line Infrastructure policy dated 25 August2008.

Employees who are required to wear prescription spectacles to undertake tasks thatrequire safety glasses to be worn will be supplied with:-

• As a first issue - 2 pairs (1 pair clear, 1 tinted); or 1 pair of transitional safetyglasses if they better suit the employee;

• Replacement glasses will be reissued as existing items are rendered"unserviceable" due to fair wear and tear.

Replacement glasses are provided in exchange for old.

B 5. RELOCATION/REMOVAL EXPENSES

Employees who apply for voluntary transfer to another location may, at V/Line'sdiscretion, be required to fund their own relocation/removal expenses should theirapplication be successful.

Paid time for relocation will continue to apply.

Any disputes that arise through administration of this clause will be dealt with through thesettlement of disputes provisions of this Agreement.

The provisions of this clause will not apply in situations where employees are required byV/Line to permanently transfer from one location to another. All existing Employeerelocation/removal entitlements will continue to apply to Employees who fall into thiscategory.

B 6. CRITICAL INCIDENTS - RELEASE OF PERSONAL CONTACT DETAILS

It is agreed by the Parties to this Agreement that as part of V/Line's enhanced OH&SProgram, arrangements will be made for Employee personal contact details to be

105~e

released in situations where Employees are involved in an accident which requires"critical incident support".

B 7. SAFETY PROGRAM

V/Line is committed to supporting an improved Safety System which will operate across allareas of V/Line. This system is aimed at significant improvements in safety performanceand will include outcomes associated with Employee, customer and network safety to beachieved during the life of this Agreement.

B 8. ELECTRONIC DOCUMENT CONTROL AND DISTRIBUTION

V/Line plans to implement an electronic document and control system for all Employees.This will facilitate distribution of electronic versions of work instructions and V/Line'smanagement systems e.g. the Working Time Table.

A program of consultation will be developed to provide an overview of the new system andencourage appropriate input. This will be followed by a program for implementation. It isenvisaged that various staff may be required to assist with tuition during theimplementation process.

106~e

BARGAINING REPRESENTATIVES

Signed on behalf of V/Line Passenger

12. I \T. Blt/2Nl57I sro BI9V1UrE:. S7C/llff 6K6C-UTtV~ (),FFlc!t:#.'-f30~

2)1(111111·

~~Date:

Print Name and PositionlTitle:

Signature:

Authorised Representative:

Signed on behalf of the Australian Rail, Tram and Bus Industry Union (RTBU)


Signature:


/3b:; 0J"~L\. c{l; tt~LWN-r~ 3tI(JCJ

-- ",-,,",,'''J' '" ,,' ~ '(.H-' -, 1-' <hTfn'""'B ~~~"t

Date: -0.:9.--l.--·--

Signed on behalf of The Communications, Electrical, Electronic, Energy, Information,Postal, Plumbing and Allied Services Union (Electrical Division) CEPU


Signature:


Date:

2.ct) /\rc\~", S'rl'U!..-fiJC!~ 1'\'\,Q..\\co"fo'\~ 305 \

-' ,~. r -. ~ \""~;-\" ,.-" ~j~""i1\tV1 W.J)tJo.-1 'J=..d!E\f\RY

~q ..

Signed on behalf of The Association of Professional Engineers, Scientists andManagers, Australia ("APESMA")


Signature:


Date:

eaG-~L6SLI~ k~s- ~~'i

. 2-Y~ JJUL8:-lbR

l~v-e-{ (~ i63 <f.~~~~-f2

~tt-~ S~S.

Documents

[2009] FWAA 1864rtbuvic.com.au/wp-content/uploads/2015/01/VLine... · 2018. 10. 30. · [2009] FWAA 1864 2 [5] The Agreement is approved and, in accordance with s.54 of the Act, will