Australian Helicopters Engineers Enterprise Agreement 2014
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Close...s.201(2) of the Act, I note that the Agreement
covers this organisation.
[4] The agreement is approved and will operate in accordance with s.54.
e Commonwealth Government Printer
Price code G, AE408851 PR552577
...
...is organisation. [4] The agreement is approved and will operate in accordance with s.54. WORK COMMISSION COMMISSIONER SEAX AZ Printed by authority of the Commonwealth Government Printer Price code G, AE408851 PR552577 -
AUSTRALIAN HELICOPTERS ENGINEERS
ENTERPRISE AGREEMENT 2014
1 AGREEMENT TITLE
2
This Agreement will be known as the Australian Helicopters Engineers Enterprise
Agreement 2014. ...
[2014] FWCA 4333 DECISION Fair Work Act 2009 s.l85 - Application for approval of a single-enterprise agreement Australian Helicopters Pty Ltd (AG2014/653 7) AUSTRALIAN HELICOPTERS ENGINEERS ENTERPRISE AGREEMENT 2014 Airline operations FairWork Commission COMMISSIONER SIMPSON BRISBANE, 30 JUNE 2014 Application for approval of the Australian Helicopters Engineers Enterprise Agreement 2014. [1) An application has been made for approval of an enterprise agreement known as the Australian Helicopters Engineers Enterprise Agreement 2014. (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Helicopters Pty Ltd. The Agreement is a single-enterprise agreement. [2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met. [3] The Australian Licensed Aircraft Engineers Association, being a bargaining representative for the Agreement, has given notice under s.l83 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation. [4] The agreement is approved and will operate in accordance with s.54. e Commonwealth Government Printer Price code G, AE408851 PR552577[2014] FWCA 4333 AUSTRALIA FairWork DECISION Commission Fair Work Act 2009 s.185 - Application for approval of a single-enterprise agreement Australian Helicopters Pty Ltd (AG2014/6537) AUSTRALIAN HELICOPTERS ENGINEERS ENTERPRISE AGREEMENT 2014 Airline operations COMMISSIONER SIMPSON BRISBANE, 30 JUNE 2014 Application for approval of the Australian Helicopters Engineers Enterprise Agreement 2014. [1] An application has been made for approval of an enterprise agreement known as the Australian Helicopters Engineers Enterprise Agreement 2014. (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Helicopters Pty Ltd. The Agreement is a single-enterprise agreement. [2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met. [3] The Australian Licensed Aircraft Engineers Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation. [4] The agreement is approved and will operate in accordance with s.54. WORK COMMISSION COMMISSIONER SEAX AZ Printed by authority of the Commonwealth Government Printer Price code G, AE408851 PR552577 - AUSTRALIAN HELICOPTERS ENGINEERS ENTERPRISE AGREEMENT 2014 1 AGREEMENT TITLE 2 This Agreement will be known as the Australian Helicopters Engineers Enterprise Agreement 2014. ARRANGEMENT This Agreement is arranged as follows: 1 AGREEMENT mLE 2 ARRANGEMENT 3 DEFINITIONS 4 DATE THE AGREEMENT COMMENCES AND NOMINAL EXPIRY DATE 5 COVERAGEOFTHEAGREEMENT 6 AVAILABILITY OF AGREEMENT 7 AGREEMENT FLEXIBILITY 8 FACILITATIVE PROVISIONS 9 CONSULTATION 10 PROCEDURES FOR RESOLVING DISPUTES 11 TYPESOFEMPLOYMENT 12 APPRENTICESHIPS 13 PERMANENT TRANSFERS 14 STAND DOWN 15 TERMINATION OF EMPLOYMENT 16 REDUNDANCY 17 PAYMENT OF SALARY 18 RATESOFPAY 19 ALLOWANCES 20 EASA 21 SUPERANNUATION 22 PRIVATE MOTOR VEHICLE USE 23 ACCIDENT MAKE-UP PAY 24 INSURANCE 25 HOURSOFDUTY 26 ADDITIONAL HOURS AND, RECALL TO DUTY 27 PERMANENT SHIFT WORK- FIXED BASE EMPLOYEES 28 TRAINING AND TRAINING RELATED MATTERS 29 TRAVELLING AND WORKING AWAY 30 ANNUAL LEAVE ----· AHPL Engineers Enterprise Agreement j 1 2 4 4 4 4 5 6 8 8 9 9 10 10 12 14 14 15 19 19 19 19 20 21 22 23 23 27 30 (2014) Page 1 of39 AUSTRALIAN HELICOPTERS ENGINEERS ENTERPRISE AGREEMENT 2014 1 AGREEMENT TITLE This Agreement will be known as the Australian Helicopters Engineers Enterprise Agreement 2014. 2 ARRANGEMENT This Agreement is arranged as follows: 1 AGREEMENT TITLE 1 2 ARRANGEMENT 1 3 DEFINITIONS 2 4 DATE THE AGREEMENT COMMENCES AND NOMINAL EXPIRY DATE 4 5 COVERAGE OF THE AGREEMENT 4 6 AVAILABILITY OF AGREEMENT 4 7 AGREEMENT FLEXIBILITY 4 8 FACILITATIVE PROVISIONS 5 9 CONSULTATION 6 10 PROCEDURES FOR RESOLVING DISPUTES 8 11 TYPES OF EMPLOYMENT 8 12 APPRENTICESHIPS 9 13 PERMANENT TRANSFERS 9 14 STAND DOWN 10 15 TERMINATION OF EMPLOYMENT 10 16 REDUNDANCY 12 17 PAYMENT OF SALARY 14 8 RATES OF PAY 14 19 ALLOWANCES 15 0 EASA 19 21 SUPERANNUATION 19 22 PRIVATE MOTOR VEHICLE USE 19 23 ACCIDENT MAKE-UP PAY 19 24 INSURANCE 20 25 HOURS OF DUTY 21 26 ADDITIONAL HOURS AND, RECALL TO DUTY 22 27 PERMANENT SHIFT WORK - FIXED BASE EMPLOYEES 23 28 TRAINING AND TRAINING RELATED MATTERS 23 29 TRAVELLING AND WORKING AWAY 27 30 ANNUAL LEAVE 30 AHPL Engineers Enterprise Agreement (2014) Page 1 of 3931 LONG SERVICE LEAVE 32 JURY LEAVE 33 PERSONAL/CARERS LEAVE AND COMPASSIONATE LEAVE 34 PARENTAL LEAVE 32 32 33 34 35 38 39 SCHEDULE 1 SCHEDULE2 SIGNATURES 3 DEFINITIONS Accident has a meaning in accordance with the definition as outlined by the Civil Aviation Safety Authority (CASA). Act means the Fair Work Act 2009 as amended from time to time Agreement means this enterprise agreement Aircraft means any tradesperson who is engaged in the Maintenance maintenance, repair, overhaul, modification, Engineer assembly and/or testing of aircraft, aircraft systems, (A.M.E.) aircraft components, aircraft engines and/or associated equipment. Apprentice means an Employee undertaking relevant employer sponsored training for the purpose of seeking qualifications as an aircraft maintenance engineer (A.M.E.). CASA means the Civil Aviation Safety Authority and includes any successor organisation. Company means the Employer Employee, or means any person employed by the employer in employee any of the following capacities: • Apprentice Engineer • Tradesperson's Assistant • AME • LAME Employer, or means Australian Helicopters Pty Ltd. employer Field Leave means a period of time rostered off duty as a result of an employee working away from Home Base, accrued in accordance with the working hours provisions of this Agreement. Field leave is treated AHPL Engineers Enterprise Agreement (2014) as rostered time off. Page2 of39 31 LONG SERVICE LEAVE 32 32 JURY LEAVE 32 33 PERSONAL/CARERS LEAVE AND COMPASSIONATE LEAVE 33 34 PARENTAL LEAVE 34 SCHEDULE 1 35 SCHEDULE 2 38 SIGNATURES 39 3 DEFINITIONS Accident has a meaning in accordance with the definition as outlined by the Civil Aviation Safety Authority (CASA). Act means the Fair Work Act 2009 as amended from time to time Agreement means this enterprise agreement Aircraft means any tradesperson who is engaged in the Maintenance maintenance, repair, overhaul, modification, Engineer assembly and/or testing of aircraft, aircraft systems, (A.M.E.) aircraft components, aircraft engines and/or associated equipment. Apprentice means an Employee undertaking relevant employer sponsored training for the purpose of seeking qualifications as an aircraft maintenance engineer (A.M.E.). CASA means the Civil Aviation Safety Authority and includes any successor organisation. Company means the Employer Employee, or means any person employed by the employer in employee any of the following capacities: Apprentice Engineer Tradesperson's Assistant AME . LAME Employer, or means Australian Helicopters Pty Ltd. employer Field Leave means a period of time rostered off duty as a result of an employee working away from Home Base, accrued in accordance with the working hours provisions of this Agreement. Field leave is treated as rostered time off. AHPL Engineers Enterprise Agreement (2014) Page 2 of 39Fixed Base means an employee who works a five day per week Employee working roster and who does not receive employer funded travel and/or DTA to attend their usual place of employment. If operational requirements permit, a Fixed Base Employee, may work a touring style roster; however, they are not provided with employer funded travel and/or DTA to attend their usual place of employment. Home base means a location at which an employee is normally domiciled whilst not on tour. Incident has a meaning in accordance with the definition as outlined by the Civil Aviation Safety Authority (CASA). Licensed means any tradesperson possessing the appropriate Aircraft licence/s who is engaged in the maintenance, Maintenance repair, overhaul, modification, assembly and/or Engineer testing of aircraft, aircraft systems, aircraft (L.A.M.E.) components, aircraft engines and/or associated equipment. NES means the National Employment Standards as described in Part 2-2 of the Fair Work Act 2009 Probationary employees will be required to successfully pass a period six month ( 6) probationary period prior to attaining permanent employee status. Time off in means a period of time (that would otherwise have Lieu; or TOIL been rostered on duty) that an employee is entitled to take off duty with pay in lieu of an overtime payment. TOIL is treated as ordinary time worked for the accrual of leave, including any associated field leave that a Touring Employee would have accrued on that day had it been worked. Touring means an employee who works a touring roster Employee based on a variation of a 22 days on-20 days off roster cycle. Touring employees are entitled to employer funded travel and DTA to attend their usual place of employment from the airport closest to their home base. Tradesperson's means an employee who is engaged in assisting a Assistant licensed aircraft maintenance engineer and/or a tradesperson who is engaged in dismantling and/or cleaning of components and/or oiling/greasing and/or paint stripping. Union means The Australian Licensed Aircraft Engineers Association. ---------------------- AHPL Engineers Enterprise Agreement (2014) Page 3 of39 Fixed Base Employee means an employee who works a five day per week working roster and who does not receive employer funded travel and/or DTA to attend their usual place of employment. If operational requirements permit, a Fixed Base Employee, may work a touring style roster; however, they are not provided with employer funded travel and/or DTA to attend their usual place of employment. Home base means a location at which an employee is normally domiciled whilst not on tour. Incident has a meaning in accordance with the definition as outlined by the Civil Aviation Safety Authority (CASA). Licensed means any tradesperson possessing the appropriate Aircraft licence/s who is engaged in the maintenance, Maintenance repair, overhaul, modification, assembly and/or Engineer testing of aircraft, aircraft systems, aircraft (L.A.M.E.) components, aircraft engines and/or associated equipment. NES means the National Employment Standards as described in Part 2-2 of the Fair Work Act 2009 Probationary employees will be required to successfully pass a period six month (6) probationary period prior to attaining permanent employee status. Time off in means a period of time (that would otherwise have Lieu; or TOIL been rostered on duty) that an employee is entitled to take off duty with pay in lieu of an overtime payment. TOIL is treated as ordinary time worked for the accrual of leave, including any associated field leave that a Touring Employee would have accrued on that day had it been worked. Touring Employee means an employee who works a touring roster based on a variation of a 22 days on-20 days off roster cycle. Touring employees are entitled to employer funded travel and DTA to attend their usual place of employment from the airport closest to their home base. Tradesperson's means an employee who is engaged in assisting a Assistant licensed aircraft maintenance engineer and/or a tradesperson who is engaged in dismantling and/or cleaning of components and/or oiling/greasing and/or paint stripping. Union means The Australian Licensed Aircraft Engineers Association. AHPL Engineers Enterprise Agreement (2014) Page 3 of 394 DATE THE AGREEMENT COMMENCES AND NOMINAL EXPIRY DATE This Agreement comes into force seven days after the Fair Work Commission approves the agreement in accordance with s 54 of the Fair Work Act 2009, and remains in force until 5 March 2017. The parties also agree to commence negotiations on the next Agreement at least four ( 4) months prior to the nominal expiry date. 5 COVERAGE OF THE AGREEMENT 5.1 This Agreement applies in all Australian States and Territories. 5.2 This Agreement covers: 5.2.1 the Employer; and 5 .2.2 the Employees; and 5.2.3 the Australian Licensed Aircraft Engineers Association (ALAEA) (after the ALAEA gives the Fair Work Commission notice in accordance with s. 183 of the Fair Work Act 2009). 6 AVAILABILITY OF AGREEMENT This Agreement will be made available by the employer on their premises in a place accessible to all employees. 7 AGREEMENT FLEXIBILITY 7.1 Notwithstanding any other provision of this Agreement, an employer and an individual employee may agree to vary the application of certain clauses/terms of this Agreement to meet the genuine individual needs of the employer and the individual employee. The clause/terms the employer and the individual employee may agree to vary the application of are those concerning: 7 .1.1 arrangements for when work is performed; 7 .1.2 overtime rates; 7 .1.3 penalty rates; and 7 .1.4 allowances; 7.2 The employer and the individual employee must have genuinely made the variation without coercion or duress. 7.3 The variation and subsequent agreement made between the employer and the individual employee must: 7.3 .1 be confined to a variation in the application of one or more of the clause/terms listed in clause 7.1; and 7.3.2 result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 7.4 The agreement between the employer and the individual employee must also: 7 .4.1 be in writing and will be known as an individual flexibility arrangement , 7 .4.2 name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee's parent or guardian; 7.4.3 state each clause/term ofthis Agreement that the employer and the individual employee have agreed to vary; ---·-~- -·· - -------------------- AHPL Engineers Enterprise Agreement (2014) Page4of39 DATE THE AGREEMENT COMMENCES AND NOMINAL EXPIRY DATE This Agreement comes into force seven days after the Fair Work Commission approves the agreement in accordance with s 54 of the Fair Work Act 2009, and remains in force until 5 March 2017. The parties also agree to commence negotiations on the next Agreement at least four (4) months prior to the nominal expiry date. 5 COVERAGE OF THE AGREEMENT 5.1 This Agreement applies in all Australian States and Territories. 5.2 This Agreement covers: 5.2.1 the Employer; and 5.2.2 the Employees; and 5.2.3 the Australian Licensed Aircraft Engineers Association (ALAEA) (after the ALAEA gives the Fair Work Commission notice in accordance with s. 183 of the Fair Work Act 2009). 6 AVAILABILITY OF AGREEMENT This Agreement will be made available by the employer on their premises in a place accessible to all employees. 7 AGREEMENT FLEXIBILITY 7.1 Notwithstanding any other provision of this Agreement, an employer and an individual employee may agree to vary the application of certain clauses/terms of this Agreement to meet the genuine individual needs of the employer and the individual employee. The clause/terms the employer and the individual employee may agree to vary the application of are those concerning: 7.1.1 arrangements for when work is performed; 7.1.2 overtime rates; 7.1.3 penalty rates; and 7.1.4 allowances; 7.2 The employer and the individual employee must have genuinely made the variation without coercion or duress. 7.3 The variation and subsequent agreement made between the employer and the individual employee must: 7.3.1 be confined to a variation in the application of one or more of the clause/terms listed in clause 7.1; and 7.3.2 result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 7.4 The agreement between the employer and the individual employee must also: 7.4.1 be in writing and will be known as an individual flexibility arrangement , 7.4.2 name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee's parent or guardian; 7.4.3 state each clause/term of this Agreement that the employer and the individual employee have agreed to vary; AHPL Engineers Enterprise Agreement (2014) Page 4 of 397 .4.4 detail how the application of each clause/term has been varied by agreement between the employer and the individual employee; 7 .4.5 detail how the variation results in the individual employee being better off overall in relation to the individual employee's terms and conditions of employment; and 7.4.6 state the date the variation commences to operate. 7.5 The employer must give the individual employee a copy of the individual flexibility arrangement and keep the document as a time and wages record. 7.6 Except as provided in clause 7.4.2 the employment contract variation must not require the approval or consent of a person other than the employer and the individual employee. 7. 7 An employer seeking to enter into an individual flexibility arrangement must provide a written proposal to the employee. Where the employee's understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 7. 8 The employment contract variation may be terminated: 7. 8.1 by the employer or the individual employee giving four weeks' notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or 7 .8.2 at any time, by written agreement between the employer and the individual employee. 7.9 The right to make an individual flexibility arrangement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this Agreement. 8 FACILITATIVE PROVISIONS 8.1 Agreement to vary Agreement's provisions 8 .1.1 This Agreement contains facilitative provisions that allow agreement between an employer and employees on how specific provisions are to apply at the workplace or section or sections of it. 8.1.2 The facilitative provisions are identified in clauses 8.2, 8.3 and 8.4. 8 .1.3 The specific provisions establish both the standard Agreement conditions and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid Agreement obligations nor should they result in unfairness to an employee or employees covered by this agreement. 8.2 Facilitation by individual agreement 8.2.1 The following facilitative provisions can be utilised upon agreement between an employer and an individual employee: (a) Part-time employment; variation to hours of part-time employment (b) Overtime; time off instead of payment for overtime (c) Make-up time (d) Overtime; rest period after overtime AHPL Engineers Enterprise Agreement (2014) Page 5 of39 7.4.4 detail how the application of each clause/term has been varied by agreement between the employer and the individual employee; 7.4.5 detail how the variation results in the individual employee being better off overall in relation to the individual employee's terms and conditions of employment; and 7.4.6 state the date the variation commences to operate. 7.5 The employer must give the individual employee a copy of the individual flexibility arrangement and keep the document as a time and wages record. 7.6 Except as provided in clause 7.4.2 the employment contract variation must not require the approval or consent of a person other than the employer and the individual employee. 7.7 An employer seeking to enter into an individual flexibility arrangement must provide a written proposal to the employee. Where the employee's understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 7.8 The employment contract variation may be terminated: 7.8.1 by the employer or the individual employee giving four weeks' notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or 7.8.2 at any time, by written agreement between the employer and the individual employee. 7.9 The right to make an individual flexibility arrangement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this Agreement. 8 FACILITATIVE PROVISIONS 8.1 Agreement to vary Agreement's provisions 8.1.1 This Agreement contains facilitative provisions that allow agreement between an employer and employees on how specific provisions are to apply at the workplace or section or sections of it. 8.1.2 The facilitative provisions are identified in clauses 8.2, 8.3 and 8.4. 8.1.3 The specific provisions establish both the standard Agreement conditions and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid Agreement obligations nor should they result in unfairness to an employee or employees covered by this agreement 8.2 Facilitation by individual agreement 8.2.1 The following facilitative provisions can be utilised upon agreement between an employer and an individual employee: (a) Part-time employment; variation to hours of part-time employment (b) Overtime; time off instead of payment for overtime (c) Make-up time (d) Overtime; rest period after overtime AHPL Engineers Enterprise Agreement (2014) Page 5 of 398.3 Facilitation by majority or individual agreement 8.3.1 The following facilitative provisions can be utilised by agreement between the employer and a majority of employees in the workplace or part of it, or the employer and an individual employee: (a) Ordinary hours of work-day work (b) Ordinary hours of work-methods of arranging ordinary working hours (c) Permanent shiftwork rosters-change of roster 8.3.2 Where agreement is reached with the majority of employees in the workplace or part of it to implement a facilitative provision in clause 8.3.1, that agreement binds all such employees. 8.4 Facilitation by majority agreement 8.4.1 The following facilitative provisions can be utilised upon agreement between the employer and majority of employees in the workplace or part of it: (a) Payment of wages (i.e. frequency of payment) (b) Ordinary hours of work-spread of hours (c) Introduction of 12 hour shifts for Fixed Based Employees. 8.4.2 Where agreement is reached with the majority of employees in the workplace or part of it to implement a facilitative provision in clause 8.4.1, that agreement binds all such employees. 9 CONSULTATION 9.1 General 9 .1.1 This clause applies if the Employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. 9.1.2 The relevant employees may appoint a representative for the purposes of the procedures in this clause. 9 .1.3 Once an Employee has advised the Employer of the identity of their appointed representative, the Employer must recognise the representative for the purposes of consultation under this clause. 9 .1.4 In this clause relevant Employees means the employees who may be affected by a change referred to in subclause 9 .1.1. 9.2 Major Change 9 .2.1 The Employer must notify the potentially affected Employees and their representatives (if any) of the decision to introduce the major change. 9.2.2 As soon as practicable after making its decision, the Employer will discuss with the relevant Employees and their nominated representatives: (a) the introduction of the change; AHPL Engineers Enterprise Agreement (2014) Page 6 of39 8.3 Facilitation by majority or individual agreement 8.3.1 The following facilitative provisions can be utilised by agreement between the employer and a majority of employees in the workplace or part of it, or the employer and an individual employee: (a) Ordinary hours of work-day work (b) Ordinary hours of work-methods of arranging ordinary working hours (c) Permanent shiftwork rosters-change of roster 8.3.2 Where agreement is reached with the majority of employees in the workplace or part of it to implement a facilitative provision in clause 8.3.1, that agreement binds all such employees. 8.4 Facilitation by majority agreement 8.4.1 The following facilitative provisions can be utilised upon agreement between the employer and majority of employees in the workplace or part of it: (a) Payment of wages (i.e. frequency of payment) (b) Ordinary hours of work-spread of hours (c) Introduction of 12 hour shifts for Fixed Based Employees. 8.4.2 Where agreement is reached with the majority of employees in the workplace or part of it to implement a facilitative provision in clause 8.4.1, that agreement binds all such employees. 9 CONSULTATION 9.1 General 9.1.1 This clause applies if the Employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. 9.1.2 The relevant employees may appoint a representative for the purposes of the procedures in this clause. 9.1.3 Once an Employee has advised the Employer of the identity of their appointed representative, the Employer must recognise the representative for the purposes of consultation under this clause. 9.1.4 In this clause relevant Employees means the employees who may be affected by a change referred to in subclause 9.1.1. 9.2 Major Change 9.2.1 The Employer must notify the potentially affected Employees and their representatives (if any) of the decision to introduce the major change. 9.2.2 As soon as practicable after making its decision, the Employer will discuss with the relevant Employees and their nominated representatives: (a) the introduction of the change; AHPL Engineers Enterprise Agreement (2014) Page 6 of 39(b) the effect the change is likely to have on the Employees; and (c) measures the Employer is taking to mitigate the adverse effect of the change on the Employees. 9 .2.3 For the purposes of the discussion, the Employer will provide, in writing, to all relevant Employees: (a) all relevant information about the change including the nature of the change proposed; (b) information about the expected effects of the change on the Employees; and (c) any other matters likely to affect the Employees. 9.2.4 The Employer is not required to disclose any confidential or commercially sensitive information to the Employees. 9.2.5 The Employer will give prompt and genuine consideration to matters that are raised by Employees and/or their representatives in response to the change. The Employer shall formally respond to such matters and where practicable it will do so in writing. 9.2.6 For the purpose of this Agreement, a major change is likely to have a significant effect on Employees if it results in: (a) the termination of the employment of Employees; (b) major change to the composition, operation or size of the Employer's workforce or to the skills required ofthe Employees; (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); (d) the alteration of hours of work; (e) the need to retrain Employees; (f) the need to relocate Employees to another workplace; or (g) the restructuring of jobs. 9 .2. 7 If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in clause 9.1.2 and at subclauses 9.2.1 to 9.2.3 are taken notto apply. 9.3 Change to Regular Roster or Ordinary Hours of Work 9.3.1 As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion-provide to the relevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and AHPL Engineers Enterprise Agreement (2014) Page 7 of39 (b) the effect the change is likely to have on the Employees; and (c) measures the Employer is taking to mitigate the adverse effect of the change on the Employees. 9.2.3 For the purposes of the discussion, the Employer will provide, in writing, to all relevant Employees: (a) all relevant information about the change including the nature of the change proposed; (b) information about the expected effects of the change on the Employees; and (c) any other matters likely to affect the Employees. 9.2.4 The Employer is not required to disclose any confidential or commercially sensitive information to the Employees. 9.2.5 The Employer will give prompt and genuine consideration to matters that are raised by Employees and/or their representatives in response to the change. The Employer shall formally respond to such matters and where practicable it will do so in writing. 9.2.6 For the purpose of this Agreement, a major change is likely to have a significant effect on Employees if it results in: (a) the termination of the employment of Employees; (b) major change to the composition, operation or size of the Employer's workforce or to the skills required of the Employees; (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); (d) the alteration of hours of work; (e) the need to retrain Employees; (f) the need to relocate Employees to another workplace; or (g) the restructuring of jobs. 9.2.7 If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in clause 9.1.2 and at subclauses 9.2.1 to 9.2.3 are taken not to apply. 9.3 Change to Regular Roster or Ordinary Hours of Work 9.3.1 As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion-provide to the relevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and AHPL Engineers Enterprise Agreement (2014) Page 7 of 39(iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 9.3 .2 The employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 9.3.3 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees and/or their representatives. The Employer shall formally respond to such matters and where practicable it will do so in writing. 9.3.4 For the purpose of this clause, regular means the normal day(s) and shifts that the Employee has been working up until the point of the proposed change. Consultation is not required under this clause in respect to roster changes that have been part of the Employee's normal pattern of work days and shifts. 10 PROCEDURES FOR RESOLVING DISPUTES 10.1 Subject to the provisions ofthe Act as amended, any dispute arising from this Agreement or the NES will be determined as per the following procedure. 10.2 The employee and the supervisor will meet and confer to try and resolve the matter. 10.3 If the matter is not resolved at such a meeting, the parties will arrange for further discussions between the employee and his or her nominated representative (if any), and more senior levels of management. 10.4 If the matter remains unresolved, the parties may convene a conference between the employee, the employee's representative (if any) and the Chief Executive Officer and their nominated representative (if any). 1 0.5 If the matter cannot be resolved, it may be referred to The Fair Work Commission or a mutually agreed Chairperson for conciliation. 10.6 If the matter is unresolved and is still in dispute, the Employee (including their representative) or the Company may refer the matter to The Fair Work Commission to arbitrate the dispute. 10.7 While the parties attempt to resolve the matter, work will continue as normal unless an employee has a reasonable concern about an imminent risk to his or her health and safety. 10.8 At any stage of this procedure, an employee or the employer may be represented by a person or organisation of their choice. 11 TYPESOFEMPLOYMENT 11.1 Employees under this Agreement will be employed in one of the following categories: 11.1.1 Full time- Fixed base 11.1.2 Full time - Touring 11.1.3 Part time 11.1.4 Casual AHPL Engineers Enterprise Agreement (2014) Page 8 of39 (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 9.3.2 The employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 9.3.3 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees and/or their representatives. The Employer shall formally respond to such matters and where practicable it will do so in writing. 9.3.4 For the purpose of this clause, regular means the normal day(s) and shifts that the Employee has been working up until the point of the proposed change. Consultation is not required under this clause in respect to roster changes that have been part of the Employee's normal pattern of work days and shifts. 10 PROCEDURES FOR RESOLVING DISPUTES 10.1 Subject to the provisions of the Act as amended, any dispute arising from this Agreement or the NES will be determined as per the following procedure. 10.2 The employee and the supervisor will meet and confer to try and resolve the matter. 10.3 If the matter is not resolved at such a meeting, the parties will arrange for further discussions between the employee and his or her nominated representative (if any), and more senior levels of management. 10.4 If the matter remains unresolved, the parties may convene a conference between the employee, the employee's representative (if any) and the Chief Executive Officer and their nominated representative (if any). 10.5 If the matter cannot be resolved, it may be referred to The Fair Work Commission or a mutually agreed Chairperson for conciliation. 10.6 If the matter is unresolved and is still in dispute, the Employee (including their representative) or the Company may refer the matter to The Fair Work Commission to arbitrate the dispute. 10.7 While the parties attempt to resolve the matter, work will continue as normal unless an employee has a reasonable concern about an imminent risk to his or her health and safety. 10.8 At any stage of this procedure, an employee or the employer may be represented by a person or organisation of their choice. 11 TYPES OF EMPLOYMENT 11.1 Employees under this Agreement will be employed in one of the following categories: 11.1.1 Full time - Fixed base 11.1.2 Full time - Touring 11.1.3 Part time 11.1.4 Casual AHPL Engineers Enterprise Agreement (2014) Page 8 of 3911.2 At the time of engagement the employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, part-time or casual. Each letter of appointment will include, with the exception of casuals, a six month probationary period. 11.3 Casual employment A casual employee will be paid the hourly rate for the relevant wage prescribed in the classification they are employed, plus a loading of25%. 11.4 Part-time employment 11.4.1 The employer may employ part-time employees in any classification in this Agreement. 11.4.2 A part-time employee is an employee who works less than full time and receives, on a pro rata basis, equivalent pay and conditions to those of full time employees who do the same kind of work. 11.4.3 An employee who does not meet the definition of part time employee and who is not a full time employee will be paid as a casual employee. 12 APPRENTICESHIPS 12.1 Cancellation or suspension of indenture An Apprenticeship may be cancelled or suspended only in accordance with the requirements of the contract of apprenticeship or training agreement and the requirements of State legislation and the Apprenticeship Authority. 12.2 Period of apprenticeship The period of apprenticeship will be four years. 12.3 Probationary period Apprentices may be taken on probation for six months and if apprenticed such six months will count as part of their period of apprenticeship. 12.4 Attendance at technical schools Apprentices attending technical colleges or accredited registered training organisations (RTO'S) and who present reports of satisfactory conduct and grades will be reimbursed all fees paid by them. 12.5 Operation of State laws 12.5.1 In any State in which any statute relating to apprentices is, or becomes in force, or in which any authority with statutory power has issued, or does issue any regulation relating to apprentices, these statutes or regulations will operate in those States, provided that the provisions are not inconsistent with this Agreement. 12.5.2 The provision of any statute or regulation relating to the attendance of apprentices at technical colleges or RTO's during normal working hours or to disciplinary powers of apprenticeship authorities over apprentices and employers, will not be deemed to be inconsistent with this Agreement. 13 PERMANENT TRANSFERS 13.1 An employee on permanent transfer will be entitled to receive payment from the employer for all reasonable expenses incurred by the employee for removal of themselves and their family, including household goods and personal effects, from one home base to another home base as approved by the employer in advance. ----·· ·-- AHPL Engineers Enterprise Agreement (2014) Page 9 of39 11.2 At the time of engagement the employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, part-time or casual. Each letter of appointment will include, with the exception of casuals, a six- month probationary period. 11.3 Casual employment A casual employee will be paid the hourly rate for the relevant wage prescribed in the classification they are employed, plus a loading of 25%. 11.4 Part-time employment 11.4.1 The employer may employ part-time employees in any classification in this Agreement. 11.4.2 A part-time employee is an employee who works less than full time and receives, on a pro rata basis, equivalent pay and conditions to those of full time employees who do the same kind of work. 11.4.3 An employee who does not meet the definition of part time employee and who is not a full time employee will be paid as a casual employee. 12 APPRENTICESHIPS 12.1 Cancellation or suspension of indenture An Apprenticeship may be cancelled or suspended only in accordance with the requirements of the contract of apprenticeship or training agreement and the requirements of State legislation and the Apprenticeship Authority. 12.2 Period of apprenticeship The period of apprenticeship will be four years. 12.3 Probationary period Apprentices may be taken on probation for six months and if apprenticed such six months will count as part of their period of apprenticeship. 12.4 Attendance at technical schools Apprentices attending technical colleges or accredited registered training organisations (RTO'S) and who present reports of satisfactory conduct and grades will be reimbursed all fees paid by them. 12.5 Operation of State laws 12.5.1 In any State in which any statute relating to apprentices is, or becomes in force, or in which any authority with statutory power has issued, or does issue any regulation relating to apprentices, these statutes or regulations will operate in those States, provided that the provisions are not inconsistent with this Agreement. 12.5.2 The provision of any statute or regulation relating to the attendance of apprentices at technical colleges or RTO's during normal working hours or to disciplinary powers of apprenticeship authorities over apprentices and employers, will not be deemed to be inconsistent with this Agreement. 13 PERMANENT TRANSFERS 13.1 An employee on permanent transfer will be entitled to receive payment from the employer for all reasonable expenses incurred by the employee for removal of themselves and their family, including household goods and personal effects, from one home base to another home base as approved by the employer in advance. AHPL Engineers Enterprise Agreement (2014) Page 9 of 3913.2 For the purposes of this clause, a base will be regarded as a home base if the employee is transferred there for a period which exceeds 180 days. A transfer to a base other than a home base expressed to be for a period less than 180 days will become a transfer to another home base if the employee is notified in writing during the course of that period that the transfer will extend for a period beyond 180 days. In such cases any temporary reimbursement will cease and the provisions of clause 13.1 will become applicable. 13.3 Where special circumstances arise, employees may be allowed additional expenses subject to agreement in writing prior to such transfer. 14 STAND DOWN 14.1 The employer will have the right to deduct payment for any day an employee cannot be usefully employed because of any strike or stoppage of work through any cause for which the employer cannot reasonably be held responsible, subject to the provisions of this clause. 14.2 The employer will notify the employee. During the period the notification remains in force the employee will be deemed to be stood down for the purpose of this clause. 14.3 An employee who is stood down will be treated for all purposes (other than payment of wages) as having continuity of service and employment regardless of such standing down. 14.4 An employee who is stood down may at any time during the period of stand down terminate the employee's employment without notice and will be entitled to receive from the employer as soon as practicable any monies due at the time of termination. The day on which the employee exercises the right of termination without notice will be the day on which the employment is terminated. 14.5 An employee whose employment is terminated under clause 14.4 will for all purposes (other than payment in lieu of notice) be treated as if the employee's employment had been terminated by the employer without default of the employee. 14.6 An employee who is stood down will be free to take other employment. 14.7 An employee whom the employer proposes to stand down may elect to take, for the period of the stand down only and for such further time as is reasonably required for the employee to return to the employee's normal residence, any annual leave to which the employee is entitled. 14.8 Employees stood down whilst on tour will be transported back to their home base at the employer's expense. 15 TERMINATION OF EMPLOYMENT 15.1 Notice oftermination by employer 15.1.1 In order to terminate the employment of an employee the employer must give to the employee the period of notice specified below: Period of continuous service (a) Six months or less- 2 weeks notice (b) More than six months- 4 weeks notice. 15.1.2 In addition to the notice in clause 15.1.1, employees over 45 years of age at the time of the giving of the notice with not less than two year's continuous service, are entitled to an additional week's notice. AHPL Engineers Enterprise Agreement (2014) Page 10 of39 13.2 For the purposes of this clause, a base will be regarded as a home base if the employee is transferred there for a period which exceeds 180 days. A transfer to a base other than a home base expressed to be for a period less than 180 days will become a transfer to another home base if the employee is notified in writing during the course of that period that the transfer will extend for a period beyond 180 days. In such cases any temporary reimbursement will cease and the provisions of clause 13.1 will become applicable. 13.3 Where special circumstances arise, employees may be allowed additional expenses subject to agreement in writing prior to such transfer. 14 STAND DOWN 14.1 The employer will have the right to deduct payment for any day an employee cannot be usefully employed because of any strike or stoppage of work through any cause for which the employer cannot reasonably be held responsible, subject to the provisions of this clause. 14.2 The employer will notify the employee. During the period the notification remains in force the employee will be deemed to be stood down for the purpose of this clause. 14.3 An employee who is stood down will be treated for all purposes (other than payment of wages) as having continuity of service and employment regardless of such standing down. 14.4 An employee who is stood down may at any time during the period of stand down terminate the employee's employment without notice and will be entitled to receive from the employer as soon as practicable any monies due at the time of termination. The day on which the employee exercises the right of termination without notice will be the day on which the employment is terminated. 14.5 An employee whose employment is terminated under clause 14.4 will for all purposes (other than payment in lieu of notice) be treated as if the employee's employment had been terminated by the employer without default of the employee. 14.6 An employee who is stood down will be free to take other employment. 14.7 An employee whom the employer proposes to stand down may elect to take, for the period of the stand down only and for such further time as is reasonably required for the employee to return to the employee's normal residence, any annual leave to which the employee is entitled. 14.8 Employees stood down whilst on tour will be transported back to their home base at the employer's expense. 15 TERMINATION OF EMPLOYMENT 15.1 Notice of termination by employer 15.1.1 In order to terminate the employment of an employee the employer must give to the employee the period of notice specified below: Period of continuous service (a) Six months or less - 2 weeks notice (b) More than six months - 4 weeks notice. 15.1.2 In addition to the notice in clause 15.1.1, employees over 45 years of age at the time of the giving of the notice with not less than two year's continuous service, are entitled to an additional week's notice. AHPL Engineers Enterprise Agreement (2014) Page 10 of 3915.1.3 Payment in lieu ofthe prescribed notice in clauses 15.1.1 and 15.1.2 must be made to the employee if the employer decides the appropriate notice period is not required to be worked. Provided that employment may be terminated with the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice. 15 .1.4 The required amount of payment in lieu of notice must equal the total of all amounts that, if the employee's employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of: (a) the employee's ordinary hours of work; and (b) the amounts ordinarily payable to the employee in respect of those hours; and (c) any other amounts payable under the employee's contract of employment. 15 .1.5 The period of notice in this clause does not apply: (a) in the case of dismissal for reasons outlined in clause 15 .1. 7; (b) to employees engaged for a specific period of time or for a specific task or tasks; or (c) to casual employees. 15.1.6 For the purposes of clause 15 and clause 16 continuous service includes all approved absences under the Agreement and any other employer and employee agreed absences. 15 .1. 7 The provisions of clause 15 .1.1 will not affect the right of an employer to dismiss an employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such case the salary and allowances will be paid up to the time of dismissal only. 15.2 Notice of termination by an employee 15.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. 15 .2.2 If an employee fails to give the notice specified in clause 15 .2.1 the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under clause 15 .1.4. 15.3 Transmission ofbusiness Where a business is transmitted from one employer to another, as set out in Clause 16 -Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for. ·---·-- AHPL Engineers Enterprise Agreement (2014) Page 11 of39 15.1.3 Payment in lieu of the prescribed notice in clauses 15.1.1 and 15.1.2 must be made to the employee if the employer decides the appropriate notice period is not required to be worked. Provided that employment may be terminated with the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice. 15.1.4 The required amount of payment in lieu of notice must equal the total of all amounts that, if the employee's employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of: (a) the employee's ordinary hours of work; and (b) the amounts ordinarily payable to the employee in respect of those hours; and (c) any other amounts payable under the employee's contract of employment. 15.1.5 The period of notice in this clause does not apply: (a) in the case of dismissal for reasons outlined in clause 15.1.7; (b) to employees engaged for a specific period of time or for a specific task or tasks; or (c) to casual employees. 15.1.6 For the purposes of clause 15 and clause 16 continuous service includes all approved absences under the Agreement and any other employer and employee agreed absences. 15.1.7 The provisions of clause 15.1.1 will not affect the right of an employer to dismiss an employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such case the salary and allowances will be paid up to the time of dismissal only. 15.2 Notice of termination by an employee 15.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. 15.2.2 If an employee fails to give the notice specified in clause 15.2.1 the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under clause 15.1.4. 15.3 Transmission of business Where a business is transmitted from one employer to another, as set out in Clause 16 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for AHPL Engineers Enterprise Agreement (2014) Page 11 of 3916 REDUNDANCY 16.1 Definitions 16.1.1 Business includes trade, process, business or occupation and includes part of any such business. 16.1.2 Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover oflabour. 16.1.3 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning. 16.1.4 Week's pay means the normal rate of pay for the employee concerned. 16.1.5 Rate of pay means the employee's ordinary time salary plus any applicable annual allowances from Schedule 2~ 16.2 Transfer to lower paid duties Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing. 16.3 Severance pay 16.3.1 An employee whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service: Period of continuous service • Less than 1 year - Nil • 1 year and less than 2 years - 4 weeks' pay* • 2 years and less than 3 years - 6 weeks' pay • 3 years and less than 4 years - 7 weeks' pay • 4 years and less than 5 years - 8 weeks' pay • 5 years and less than 6 years - 1 0 weeks' pay • 6 years and less than 7 years - 11 weeks' pay • 7 years and less than 8 years - 13 weeks' pay • 8 years and less than 9 years - 14 weeks' pay • 9 years and less than 10 years - 16 weeks' pay • 1 0 years and over - 12 weeks' pay *Week's pay is defined in clause 16.1.4 16.3.2 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date. 16.3 .3 Continuity of service shall be calculated in the manner prescribed by clause 15.1.6. AHPL Engineers Enterprise Agreement (2014) Page 12 of39 16 REDUNDANCY 16.1 Definitions 16.1.1 Business includes trade, process, business or occupation and includes part of any such business. 16.1.2 Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour. 16.1.3 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning. 16.1.4 Week's pay means the normal rate of pay for the employee concerned. 16.1.5 Rate of pay means the employee's ordinary time salary plus any applicable annual allowances from Schedule 2. 16.2 Transfer to lower paid duties Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing. 16.3 Severance pay 16.3.1 An employee whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service: Period of continuous service Less than 1 year - Nil 1 year and less than 2 years - 4 weeks' pay* 2 years and less than 3 years - 6 weeks' pay 3 years and less than 4 years - 7 weeks' pay 4 years and less than 5 years - 8 weeks' pay 5 years and less than 6 years - 10 weeks' pay 6 years and less than 7 years - 11 weeks' pay 7 years and less than 8 years - 13 weeks' pay 8 years and less than 9 years - 14 weeks' pay . 9 years and less than 10 years - 16 weeks' pay . 10 years and over - 12 weeks' pay *Week's pay is defined in clause 16.1.4 16.3.2 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date. 16.3.3 Continuity of service shall be calculated in the manner prescribed by clause 15.1.6. ---- AHPL Engineers Enterprise Agreement (2014) Page 12 of 3916.4 Employee leaving during notice period An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in Clause 15 - Termination of Employment. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice. 16.5 Alternative employment 16.5.1 An employer, in a particular redundancy case, may make application to The Fair Work Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee. 16.5.2 This provision does not apply in circumstances involving transmission of business as set in clause 16.7. 16.6 Job search entitlement 16.6.1 During the period of notice of termination given by the employer in accordance with clause 15 .1.1, an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the pUIJlose of seeking other employment. The time off shall be taken at times that are mutually convenient after consultation with the employer. 16.6.2 If the employee has been allowed paid time off for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient. 16.7 Transmission of business 16.7.1 The provisions of this clause are not applicable where a business is before or after the date of this Agreement, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: 16.7 .2 Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or 16.7.3 Where the employee rejects an offer of employment with the transmittee in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor. 16.8 Employees exempted This clause does not apply to: 16.8.1 employees terminated as a consequence of serious misconduct that justifies dismissal without notice; 16.8.2 probationary employees; 16.8.3 employees engaged for a specific period of time or for a specified task or tasks; or - AHPL Engineers Enterprise Agreement (2014) Page 13 of39 16.4 Employee leaving during notice period An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in Clause 15 - Termination of Employment. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice. 16.5 Alternative employment 16.5.1 An employer, in a particular redundancy case, may make application to The Fair Work Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee. 16.5.2 This provision does not apply in circumstances involving transmission of business as set in clause 16.7. 16.6 Job search entitlement 16.6.1 During the period of notice of termination given by the employer in accordance with clause 15.1.1, an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment. The time off shall be taken at times that are mutually convenient after consultation with the employer. 16.6.2 If the employee has been allowed paid time off for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient. 16.7 Transmission of business 16.7.1 The provisions of this clause are not applicable where a business is before or after the date of this Agreement, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: 16.7.2 Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or 16.7.3 Where the employee rejects an offer of employment with the transmittee in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor. 16.8 Employees exempted This clause does not apply to: 16.8.1 employees terminated as a consequence of serious misconduct that justifies dismissal without notice; 16.8.2 probationary employees; 16.8.3 employees engaged for a specific period of time or for a specified task or tasks; or AHPL Engineers Enterprise Agreement (2014) Page 13 of 3916.8.4 casual employees. 16.9 Incapacity to pay An employer, in a particular redundancy case, may make application to the Fair Work Commission to have the general severance pay prescription varied on the basis of the employds incapacity to pay. 17 PAYMENT OF SALARY Salaries will be paid fortnightly and paid directly to a bank, building society or credit union account. 18 RATESOFPAY 18.1 The Classification Structure and Salaries 18 .1.1 Salary rates are set out in Schedule 1. 18.1.2 The Salary structure is a matrix oftwo elements: (a) Employee classification: Trades Assistant, AME and LAME (3 Categories) (b) Years of Service Levels 1 through 15. 18.1.3 An employee will be classified and paid in accordance with the following criteria established by the Company. (a) Category 1 (Cat 1)- Apprentice An employee who has entered into an Apprenticeship arrangement with the Company in accordance with relevant state apprenticeship legislation, and has completed or is in the process of completing Aeroskills 4 prevocational training. All apprentices will be classified as Assistant Tradespersons (Cat 1). (b) Category 1 (Cat 1)- Assistant Tradesperson An adult employee who is engaged in assisting a licensed aircraft maintenance engineer and/or tradesperson and who is engaged in dismantling and/or cleaning of components and/or oiling/greasing and/or paint stripping. (c) Category 2 (Cat 2)- A.M.E. (Aircraft Maintenance Engineer) (i) A tradesperson engaged in the maintenance, repair, overhaul, modification, assembly and/or testing of Helicopter systems, Helicopter components, Helicopter engines and/or associated equipment and who has a minimum of three (3) years aviation experience. (d) Category 3 (Cat 3)- L.A.M.E. (Licensed Aircraft Maintenance Engineer) • An engineer who holds a valid CASA issued licence with endorsements in any category as applicable to the airframe, engine, electrical, instrument or radio type applicable to the Company fleet. • Maintenance Authorities issued by CASA are also deemed as being equivalent to a Licence. 18 .1.4 Years of service levels: The number of years of service employed with the Company is a significant factor in determining the years of service level appropriate to the employee AHPL Engineers Enterprise Agreement (2014) Page 14 of39 16.8.4 casual employees. 16.9 Incapacity to pay An employer, in a particular redundancy case, may make application to the Fair Work Commission to have the general severance pay prescription varied on the basis of the employer's incapacity to pay. 17 PAYMENT OF SALARY Salaries will be paid fortnightly and paid directly to a bank, building society or credit union account. 18 RATES OF PAY 18.1 The Classification Structure and Salaries 18.1.1 Salary rates are set out in Schedule 1. 18.1.2 The Salary structure is a matrix of two elements: (a) Employee classification: Trades Assistant, AME and LAME (3 Categories) (b) Years of Service Levels 1 through 15. 18.1.3 An employee will be classified and paid in accordance with the following criteria established by the Company. (a) Category 1 (Cat 1) - Apprentice An employee who has entered into an Apprenticeship arrangement with the Company in accordance with relevant state apprenticeship legislation, and has completed or is in the process of completing Aeroskills 4 prevocational training. All apprentices will be classified as Assistant Tradespersons (Cat 1). (b) Category 1 (Cat 1) - Assistant Tradesperson An adult employee who is engaged in assisting a licensed aircraft maintenance engineer and/or tradesperson and who is engaged in dismantling and/or cleaning of components and/or oiling/greasing and/or paint stripping. (c) Category 2 (Cat 2) - A.M.E. (Aircraft Maintenance Engineer) (i) A tradesperson engaged in the maintenance, repair, overhaul, modification, assembly and/or testing of Helicopter systems, Helicopter components, Helicopter engines and/or associated equipment and who has a minimum of three (3) years aviation experience. (d) Category 3 (Cat 3) - L.A.M.E. (Licensed Aircraft Maintenance Engineer) · An engineer who holds a valid CASA issued licence with endorsements in any category as applicable to the airframe, engine, electrical, instrument or radio type applicable to the Company fleet. Maintenance Authorities issued by CASA are also deemed as being equivalent to a Licence. 18.1.4 Years of service levels: The number of years of service employed with the Company is a significant factor in determining the years of service level appropriate to the employee AHPL Engineers Enterprise Agreement (2014) Page 14 of 39in terms of Schedule 1 (Salary Matrix). The minimum level applicable in calculating an employee's years of service level with the Company will be determined by the following factors: (a) An employee's start date with the Company, and (b) The commencement date of subsequent anniversary years the employee has been employed by the Company. From information supplied by the employee, consideration is also given to an employee's overall experience including type of experience relevant to aircraft operated by the Company. 18.2 If an employee who is classified as an AME obtains the qualifications to be reclassified as a LAME, that employee will transfer to the LAME Salary scale in Schedule 1 at the "years of service" level necessary to ensure that he or she will not incur a reduction in Salary as a result of the advancement. Future years of service increments to Salary will apply from that point. 18.3 Employees covered by this Agreement will be paid the following increases in salary during the term of this Agreement: 18.3 .1 At the start of the next pay period, on or after this Agreement has been approved by the Fair Work Commission, employees will be paid in accordance with the rates contained under the Matrix - Year 1 table of Schedule 1. These incorporate an increase of 3.5% on the salaries prior to the commencement of this Agreement. In addition the employer will back pay all relevant increases effective 6 March 2014. 18.3 .2 At the start of the next pay period on or after 6 March 2015, employees will be paid in accordance with the rates contained under the Matrix - Year 2 table of Schedule 1, which include a further increase of 3.5%. 18.3.3 At the start of the next pay period, on or after 6 March 2016, employees will be paid in accordance with the rates contained under the Matrix - Year 3 table of Schedule 1, which include a further increase of 3.5%. 18.4 During the life of this Agreement, the award will not apply. The wage rates and allowances contained in this Agreement provide payment in lieu of any I all protected award conditions that may otherwise apply. 19 ALLOWANCES 19.1 CASA Licence Endorsement Allowance 19 .1.1 Subject to the provisions of this clause, Employees holding a valid CASA licence with ratings applicable to the aircraft and associated systems operated by the Company will be paid the CASA licence endorsement allowance as per schedule 2. 19 .1.2 A holder of a Group 19 endorsement will be paid one allowance as per Schedule 2 for the Group, not as individual aircraft type/s. 19 .1.3 A holder of a group 20 endorsement will be paid an allowance for each individual licence as detailed in clause 19 .1.1. As new Group 20 Category Airframe and Group 22 Category Engine aircraft are introduced and operated by the Company, a holder of a relevant endorsement will also be eligible for the allowance for each individual licence, as detailed in clause 19.1.1. ------ -------·-------~~-- - ~~- AHPL Engineers Enterprise Agreement (2014) Page 15 of39 in terms of Schedule 1 (Salary Matrix). The minimum level applicable in calculating an employee's years of service level with the Company will be determined by the following factors: (a) An employee's start date with the Company, and (b) The commencement date of subsequent anniversary years the employee has been employed by the Company. From information supplied by the employee, consideration is also given to an employee's overall experience including type of experience relevant to aircraft operated by the Company. 18.2 If an employee who is classified as an AME obtains the qualifications to be reclassified as a LAME, that employee will transfer to the LAME Salary scale in Schedule 1 at the "years of service" level necessary to ensure that he or she will not incur a reduction in Salary as a result of the advancement. Future years of service increments to Salary will apply from that point. 18.3 Employees covered by this Agreement will be paid the following increases in salary during the term of this Agreement: 18.3.1 At the start of the next pay period, on or after this Agreement has been approved by the Fair Work Commission, employees will be paid in accordance with the rates contained under the Matrix - Year 1 table of Schedule 1. These incorporate an increase of 3.5% on the salaries prior to the commencement of this Agreement. In addition the employer will back pay all relevant increases effective 6 March 2014. 18.3.2 At the start of the next pay period on or after 6 March 2015, employees will be paid in accordance with the rates contained under the Matrix - Year 2 table of Schedule 1, which include a further increase of 3.5%. 18.3.3 At the start of the next pay period, on or after 6 March 2016, employees will be paid in accordance with the rates contained under the Matrix - Year 3 table of Schedule 1, which include a further increase of 3.5%. 18.4 During the life of this Agreement, the award will not apply. The wage rates and allowances contained in this Agreement provide payment in lieu of any / all protected award conditions that may otherwise apply. 19 ALLOWANCES 19.1 CASA Licence Endorsement Allowance 19.1.1 Subject to the provisions of this clause, Employees holding a valid CASA licence with ratings applicable to the aircraft and associated systems operated by the Company will be paid the CASA licence endorsement allowance as per schedule 2. 19.1.2 A holder of a Group 19 endorsement will be paid one allowance as per Schedule 2 for the Group, not as individual aircraft type/s. 19.1.3 A holder of a group 20 endorsement will be paid an allowance for each individual licence as detailed in clause 19.1.1. As new Group 20 Category Airframe and Group 22 Category Engine aircraft are introduced and operated by the Company, a holder of a relevant endorsement will also be eligible for the allowance for each individual licence, as detailed in clause 19.1.1. AHPL Engineers Enterprise Agreement (2014) Page 15 of 39Note: The MBB and BK117 are treated as a group 20 (not Group 19) aircraft as the Aircraft are Type Certificated in the F AR29 Transport Category similar to the Bell/ Agusta 412 aircraft. 19 .1.4 An Electrical, Instrument and Radio LAME obtaining Airframe and or Engine category endorsements applicable to the fleet operated by the Company will be paid the CASA licence endorsement allowance as per Schedule 2 for that rating in accordance with the above criteria. 19 .1.5 An Airframe/Engine LAME obtaining an applicable Electrical, Instrument or Radio rating will be paid the CASA licence endorsement allowance for that rating in accordance with the above criteria. 19 .1.6 The following are the CASA ratings currently applicable to the Company fleet: 19.1.7 19.1.8 (a) Airframe • Group 6 Air-conditioning Systems • Group 19 • Group 20 (b) Engine • Group 22 (Engines applicable to the Fleet aircraft) (c) Electrical • Group 1 • Group2 (d) Instrument • Group 1 • Group7 • Group 8 (e) Radio • Group 1 • Group2 • Group 3 • Group4 • Group 5 • Group 6 • Group 7 • Group 9 • Group 10 • Group 12 If the Company ceases to operate an aircraft type, no licence allowances will payable in respect of that aircraft type or associated systems from the date the Company ceases to operate the type. An employee who is entitled to a licence payment for an aircraft type or associated systems the day before the Company ceases to operate that aircraft type will no longer be entitled to the licence allowance in respect of that aircraft type or associated systems. However, such an employee will not lose pay as a result of the Company ceasing to operate that type. Any future increases to that employee's salary or allowances will be absorbed until they exceed the value of the licence allowance to which the employee is no longer entitled. ------ ----------- AHPL Engineers Enterprise Agreement (2014) Page 16 of39 Note: The MBB and BK117 are treated as a group 20 (not Group 19) aircraft as the Aircraft are Type Certificated in the FAR29 Transport Category similar to the Bell/Agusta 412 aircraft. 19.1.4 An Electrical, Instrument and Radio LAME obtaining Airframe and or Engine category endorsements applicable to the fleet operated by the Company will be paid the CASA licence endorsement allowance as per Schedule 2 for that rating in accordance with the above criteria. 19.1.5 An Airframe/Engine LAME obtaining an applicable Electrical, Instrument or Radio rating will be paid the CASA licence endorsement allowance for that rating in accordance with the above criteria. 19.1.6 The following are the CASA ratings currently applicable to the Company fleet: (a) Airframe Group 6 Air-conditioning Systems . Group 19 Group 20 (b) Engine . Group 22 (Engines applicable to the Fleet aircraft) (c) Electrical Group 1 · Group 2 (d) Instrument Group 1 Group 7 Group 8 (e) Radio Group 1 Group 2 Group 3 Group 4 Group 5 Group 6 Group 7 Group 9 Group 10 Group 12 19.1.7 If the Company ceases to operate an aircraft type, no licence allowances will payable in respect of that aircraft type or associated systems from the date the Company ceases to operate the type. 19.1.8 An employee who is entitled to a licence payment for an aircraft type or associated systems the day before the Company ceases to operate that aircraft type will no longer be entitled to the licence allowance in respect of that aircraft type or associated systems. However, such an employee will not lose pay as a result of the Company ceasing to operate that type. Any future increases to that employee's salary or allowances will be absorbed until they exceed the value of the licence allowance to which the employee is no longer entitled. AHPL Engineers Enterprise Agreement (2014) Page 16 of 3919 .1.9 Any further requirement for employees to hold additional CASA Licenses' will be at the discretion of the Head of Engineering (or delegate) and the associated allowance will be negotiated at that time. 19.1.10 Third Party Work On Non-FieetAircra.fi (a) Employees who hold additional ratings on non-company type aircraft may be requested to assist with third party work. (b) Any work performed on third party aircraft must have the Head of Engineering or delegate approval prior to the commencement of such work. (c) If an employee is required by the employer to perform work on third party aircraft on non-company type aircraft, the rates will be agreed prior to the commencement of the work. (d) The minimum rate paid for such work will be the amount of the allowance in Schedule 2 per day or part thereof, in addition to the employee's normal salary and allowances in schedule 2. 19.2 First Aid Allowance Where the Company requires an employee to hold a current Senior First Aid qualification, the employee will receive the relevant allowance as per schedule 2. Expenses associated with maintaining currency will be reimbursed by the Company. 19.3 Weight control Allowance Employees nominated by the Company to hold a CASA weight control authority in accordance with CAO 100.28 will receive the relevant allowance as per schedule 2. 19.4 Non-destructive Testing Authority Allowance An employee nominated by the Company and holding a CASA Non-Destructive Testing Authority in accordance with CAO 100.27 will receive the relevant allowance as per schedule 2. 19.5 Certificate IV in Workplace Training and Assessment An employee who secures a Certificate IV in Workplace Training and Assessment at the request of the Head of Engineering (or delegate) will receive the relevant allowance as per schedule 2. 19.6 Additional Qualifications Allowance Any further requirement for employees to hold qualifications similar to the Certificate IV in Workplace Training and Assessment will be at the discretion of the Head of Engineering (or delegate) and the associated allowance will be negotiated at that time. 19.7 Unsuitable Accommodation ("Hard Lying") Allowance Except as otherwise provided by this Agreement, an employee who is required to remain away overnight in accommodation that does not meet the agreed standards set out in clause 29.3 will be entitled to the Unsuitable Accommodation Allowance prescribed in Schedule 2. 19.8 Difficult Conditions Allowance An employee who is required to work in difficult conditions away from "normal base facilities" due to operational requirements will be entitled to the Difficult Conditions Allowance prescribed by schedule 2. The Difficult Conditions Allowance is not payable to an employee for any day on which the employee is paid AHPL Engineers Enterprise Agreement (2014) Page 17 of39 19.1.9 Any further requirement for employees to hold additional CASA Licenses' will be at the discretion of the Head of Engineering (or delegate) and the associated allowance will be negotiated at that time. 19.1.10 Third Party Work On Non-Fleet Aircraft (a) Employees who hold additional ratings on non-company type aircraft may be requested to assist with third party work. (b) Any work performed on third party aircraft must have the Head of Engineering or delegate approval prior to the commencement of such work. (c) If an employee is required by the employer to perform work on third party aircraft on non-company type aircraft, the rates will be agreed prior to the commencement of the work. (d) The minimum rate paid for such work will be the amount of the allowance in Schedule 2 per day or part thereof, in addition to the employee's normal salary and allowances in schedule 2. 19.2 First Aid Allowance Where the Company requires an employee to hold a current Senior First Aid qualification, the employee will receive the relevant allowance as per schedule 2. Expenses associated with maintaining currency will be reimbursed by the Company. 19.3 Weight control Allowance Employees nominated by the Company to hold a CASA weight control authority in accordance with CAO 100.28 will receive the relevant allowance as per schedule 2. 19.4 Non-destructive Testing Authority Allowance An employee nominated by the Company and holding a CASA Non-Destructive Testing Authority in accordance with CAO 100.27 will receive the relevant allowance as per schedule 2. 19.5 Certificate IV in Workplace Training and Assessment An employee who secures a Certificate IV in Workplace Training and Assessment at the request of the Head of Engineering (or delegate) will receive the relevant allowance as per schedule 2. 19.6 Additional Qualifications Allowance Any further requirement for employees to hold qualifications similar to the Certificate IV in Workplace Training and Assessment will be at the discretion of the Head of Engineering (or delegate) and the associated allowance will be negotiated at that time. 19.7 Unsuitable Accommodation ("Hard Lying") Allowance Except as otherwise provided by this Agreement, an employee who is required to remain away overnight in accommodation that does not meet the agreed standards set out in clause 29.3 will be entitled to the Unsuitable Accommodation Allowance prescribed in Schedule 2. 19.8 Difficult Conditions Allowance An employee who is required to work in difficult conditions away from "normal base facilities" due to operational requirements will be entitled to the Difficult Conditions Allowance prescribed by schedule 2. The Difficult Conditions Allowance is not payable to an employee for any day on which the employee is paid AHPL Engineers Enterprise Agreement (2014) Page 17 of 39an Unsuitable Accommodation Allowance for the night preceding or following the day on which the relevant work is performed. 19.9 Horn Island Allowance 19.9.1 19.9.2 Employees who are permanently rostered to tour to Hom Island are entitled to a Horn Island allowance as prescribed by schedule 2. Employees who perform tours at Hom Island but are not permanently rostered to tour to Hom Island will be entitled to this allowance on a pro- rata basis at the rate of 1/182 of the annual allowance for every night the Employee is overnight on Hom Island. 19.10 Standby Allowance 19.10.1 A Fixed Base Employee who is not working a touring roster is entitled to the standby allowance when directed by their Base Manager or Base Chief Engineer, to be on call or on standby for a possible recall to duty outside the employee's rostered working hours. 19.10.2 The employee must be available for a possible recall to duty at all times during their nominated standby period. 19.10.3 If an employee who is on standby and is called out by their manager, the overtime provisions as set out in clause 26, whichever is appropriate, shall apply to the time worked but not including travel time to and from the place of work. 19.10.4 The Standby Allowances are contained in schedule 2. 19.11 Higher Duties Allowance 19.11.1 When performing relief work that attracts a higher level of remuneration, the employee shall be paid for all such duties at an agreed higher rate of remuneration, on a pro rata basis. 19.11.2 The Head of Engineering, or delegate must appoint employees to Base Chief Engineer (BCE) positions or Acting BCE positions. 19.11.3 The appointment of a BCE or Acting BCE will be in accordance with company requirements. There are three (3) levels of BCE: (a) BCE: Is an Engineer responsible at a base with more than 3 Single Engine aircraft and/or 1 Multi-Engine aircraft and/or 3 or more full time Engineers reporting to the BCE. (b) BCE1: Is an Engineer responsible at a base with 1 to 2 full time engineering staff reporting to the BCE. (c) BCE2: Is an Engineer responsible at a base as appointed by the GM Engineering. (d) An employee who is appointed as Base Chief Engineer or Acting BCE will be paid a BCE allowance as detailed in Schedule 2. 19.12 The allowances in this Agreement will be increased during the term of the Agreement, as follows: 19.12.1 At the start of the next pay period, on or after this Agreement has been approved by the Fair Work Commission, employees will be paid in accordance with the rates contained under the Year 1 column of Schedule 2. In addition the employer will back pay all relevant increases effective to 6 March 2014. AHPL Engineers Enterprise Agreement (2014) Page 18 of39 an Unsuitable Accommodation Allowance for the night preceding or following the day on which the relevant work is performed. 19.9 Horn Island Allowance 19.9.1 Employees who are permanently rostered to tour to Horn Island are entitled to a Horn Island allowance as prescribed by schedule 2. 19.9.2 Employees who perform tours at Horn Island but are not permanently rostered to tour to Horn Island will be entitled to this allowance on a pro- rata basis at the rate of 1/182 of the annual allowance for every night the Employee is overnight on Horn Island. 19.10 Standby Allowance 19.10.1 A Fixed Base Employee who is not working a touring roster is entitled to the standby allowance when directed by their Base Manager or Base Chief Engineer, to be on call or on standby for a possible recall to duty outside the employee's rostered working hours. 19.10.2 The employee must be available for a possible recall to duty at all times during their nominated standby period. 19.10.3 If an employee who is on standby and is called out by their manager, the overtime provisions as set out in clause 26, whichever is appropriate, shall apply to the time worked but not including travel time to and from the place of work. 19.10.4 The Standby Allowances are contained in schedule 2. 19.11 Higher Duties Allowance 19.11.1 When performing relief work that attracts a higher level of remuneration, the employee shall be paid for all such duties at an agreed higher rate of remuneration, on a pro rata basis. 19.11.2 The Head of Engineering, or delegate must appoint employees to Base Chief Engineer (BCE) positions or Acting BCE positions. 19.11.3 The appointment of a BCE or Acting BCE will be in accordance with company requirements. There are three (3) levels of BCE: (a) BCE: Is an Engineer responsible at a base with more than 3 Single Engine aircraft and/or 1 Multi-Engine aircraft and/or 3 or more full time Engineers reporting to the BCE. (b) BCE1: Is an Engineer responsible at a base with 1 to 2 full time engineering staff reporting to the BCE. (c) BCE2: Is an Engineer responsible at a base as appointed by the GM Engineering. (d) An employee who is appointed as Base Chief Engineer or Acting BCE will be paid a BCE allowance as detailed in Schedule 2. 19.12 The allowances in this Agreement will be increased during the term of the Agreement, as follows: 19.12.1 At the start of the next pay period, on or after this Agreement has been approved by the Fair Work Commission, employees will be paid in accordance with the rates contained under the Year 1 column of Schedule 2. In addition the employer will back pay all relevant increases effective to 6 March 2014. AHPL Engineers Enterprise Agreement (2014) Page 18 of 3919.12.2 At the start of the next pay period on or after 6 March 2015, employees will be paid in accordance with the rates contained under the Year 2 column of Schedule 2. 19.12.3 At the start of the next pay period, on or after 6 March 2016, employees will be paid in accordance with the rates contained under the Year 3 column of Schedule 2. 20 EASA 20.1 It is acknowledged by Australian Helicopters and the ALAEA that the classification structure and licence details contained in this Agreement may be impacted by changes to the Civil Aviation Act 1988 legislation and regulations during the term of this agreement e.g. the transition to the EASA maintenance authorisation system. 20.2 If there are impacts due to the EASA implementation, Australian Helicopters commits to consult and endeavour to reach agreement with employees and the ALAEA on any appropriate adjustments to the Agreement that may need to be implemented including by variation to the Agreement in accordance with the Fair Work Act. 21 SUPERANNUATION 21.1 Employer funded superannuation contributions will be made in accordance with the relevant federal legislation into a fund nominated by the Employee that complies with the relevant federal legislation. 21.2 If an Employee does not elect a superannuation fund within 28 days of commencing employment, superannuation contributions will be made into the Employer's default fund, which must be a fund containing a My Super product. 22 PRIVATEMOTORVEHICLEUSE 22.1 No employee will be required to use their private vehicle on the employer's business unless the employee so agrees and complies with the employer's vehicle policy as amended. 22.2 Where an employee agrees to use their private vehicle for the employer's purposes, the employee will be paid an allowance in accordance with the applicable Australian Taxation Office published rates per kilometre. 23 ACCIDENTMAKE-UPPAY 23.1 In addition to any statutory entitlements to workers compensation, an employee will be paid make-up pay. 23.2 Make-up pay will be an amount of money equal to the difference between the employee's workers compensation entitlements and the amount of salary plus allowances that the employee would have received had the employee been at work for the period concerned. 23.3 Make-up pay will not apply during the first five or aggregate of five working days of incapacity resulting from an injury, nor will it apply during any period of paid leave. 23.4 Make-up pay will be payable for a maximum period or aggregate of periods in no case exceeding a total of 52 weeks in respect of incapacity arising from any one InJury. 23.5 Make-up pay will be paid through normal payroll procedures. -~----~---~-·- ---· AHPL Engineers Enterprise Agreement (2014) Page 19 of39 19.12.2 At the start of the next pay period on or after 6 March 2015, employees will be paid in accordance with the rates contained under the Year 2 column of Schedule 2. 19.12.3 At the start of the next pay period, on or after 6 March 2016, employees will be paid in accordance with the rates contained under the Year 3 column of Schedule 2. 20 EASA 20.1 It is acknowledged by Australian Helicopters and the ALAEA that the classification structure and licence details contained in this Agreement may be impacted by changes to the Civil Aviation Act 1988 legislation and regulations during the term of this agreement e.g. the transition to the EASA maintenance authorisation system. 20.2 If there are impacts due to the EASA implementation, Australian Helicopters commits to consult and endeavour to reach agreement with employees and the ALAEA on any appropriate adjustments to the Agreement that may need to be implemented including by variation to the Agreement in accordance with the Fair Work Act. 21 SUPERANNUATION 21.1 Employer funded superannuation contributions will be made in accordance with the relevant federal legislation into a fund nominated by the Employee that complies with the relevant federal legislation. 21.2 If an Employee does not elect a superannuation fund within 28 days of commencing employment, superannuation contributions will be made into the Employer's default fund, which must be a fund containing a My Super product. 22 PRIVATE MOTOR VEHICLE USE 22.1 No employee will be required to use their private vehicle on the employer's business unless the employee so agrees and complies with the employer's vehicle policy as amended. 22.2 Where an employee agrees to use their private vehicle for the employer's purposes, the employee will be paid an allowance in accordance with the applicable Australian Taxation Office published rates per kilometre. 23 ACCIDENT MAKE-UP PAY 23.1 In addition to any statutory entitlements to workers compensation, an employee will be paid make-up pay. 23.2 Make-up pay will be an amount of money equal to the difference between the employee's workers compensation entitlements and the amount of salary plus allowances that the employee would have received had the employee been at work for the period concerned. 23.3 Make-up pay will not apply during the first five or aggregate of five working days of incapacity resulting from an injury, nor will it apply during any period of paid leave. 23.4 Make-up pay will be payable for a maximum period or aggregate of periods in no case exceeding a total of 52 weeks in respect of incapacity arising from any one injury. 23.5 Make-up pay will be paid through normal payroll procedures. AHPL Engineers Enterprise Agreement (2014) Page 19 of 3923.6 If, for the purpose of clause 23.2, no specific earning figure is otherwise ascertainable, the figure used will be the average of earnings over the previous three months or such less period of time during which the employee has been employed. 23.7 Nothing in this clause will affect the right of an employer to terminate an employee's employment in accordance with Clause 15 -Termination of Employment. No employee's employment will be terminated as a result of the employee having received make-up pay or as a means of avoiding make-up pay obligations. 23.8 In the event that an employee receives a lump sum in redemption of regular statutory compensation entitlements, the liability of the employer to pay make-up pay will cease from the date of such redemption. 23.9 Where an employee recovers damages from the employer or from a third party in respect of a compensable injury independently of statutory entitlements, the employee will be liable to repay to his or her employer the amount of make-up pay which the employee received in respect of the said injury and will have no further make-up pay entitlements in respect of the injury. 23.10 Periods of absence on workers' compensation exceeding three months will not count as service for calculation of entitlements to personal leave, annual leave or long service leave. 24 INSURANCE 24.1 The Company will provide each employee in their employ with accident insurance providing a death or total and permanent disability benefit of not less than $350,000 over and above any entitlement due under any workers' compensation legislation applicable to the employee. 24.2 Any benefits due under this clause will be paid only to the employee's nominated beneficiary and receipt from such beneficiary will discharge the Company from any obligations under this clause. 24.3 Employee Liability An employee will not be required to pay for damage or loss of aircraft or equipment used in the services, nor will any lien or other claim be made by the employer upon the employee or the employee's estate. Any claim made by any member of the public, passenger or other person upon the employee or the employee's estate as a result of any accident or happening caused by the employee when duly performing his or her nominated duty, whether efficiently or, as may be subsequently determined negligently, will be accepted as a claim made against the employer. The employer will be solely responsible for all claims as a result of operations by or travel in the employer's aircraft. The indemnities provided by this clause will not operate where it can be established that the employee wilfully caused the injury, loss or damage or committed a criminal or quasi criminal act or where such indemnity would be illegal under the relevant State or Federal laws. 24.4 Engineers Tools The Company will reimburse an employee for loss or damage to the employee's tools damaged or lost whilst in transit or on the Company premises. Each employee is to provide an itemised inventory of their tools with details of the manufacturer, part number (if available), description and quantity to the Company within 30 days from the commencement of this agreement. For the purposes of maintaining up to date employee inventory records, the Company is to be notified of any changes to an employee's inventory list as soon as it occurs. --------~~-------··--- ------- ----- AHPL Engineers Enterprise Agreement (2014) Page 20 of39 23.6 If, for the purpose of clause 23.2, no specific earning figure is otherwise ascertainable, the figure used will be the average of earnings over the previous three months or such less period of time during which the employee has been employed. 23.7 Nothing in this clause will affect the right of an employer to terminate an employee's employment in accordance with Clause 15 - Termination of Employment. No employee's employment will be terminated as a result of the employee having received make-up pay or as a means of avoiding make-up pay obligations. 23.8 In the event that an employee receives a lump sum in redemption of regular statutory compensation entitlements, the liability of the employer to pay make-up pay will cease from the date of such redemption. 23.9 Where an employee recovers damages from the employer or from a third party in respect of a compensable injury independently of statutory entitlements, the employee will be liable to repay to his or her employer the amount of make-up pay which the employee received in respect of the said injury and will have no further make-up pay entitlements in respect of the injury. 23.10 Periods of absence on workers' compensation exceeding three months will not count as service for calculation of entitlements to personal leave, annual leave or long service leave. 24 INSURANCE 24.1 The Company will provide each employee in their employ with accident insurance providing a death or total and permanent disability benefit of not less than $350,000 over and above any entitlement due under any workers' compensation legislation applicable to the employee. 24.2 Any benefits due under this clause will be paid only to the employee's nominated beneficiary and receipt from such beneficiary will discharge the Company from any obligations under this clause. 24.3 Employee Liability An employee will not be required to pay for damage or loss of aircraft or equipment used in the services, nor will any lien or other claim be made by the employer upon the employee or the employee's estate. Any claim made by any member of the public, passenger or other person upon the employee or the employee's estate as a result of any accident or happening caused by the employee when duly performing his or her nominated duty, whether efficiently or, as may be subsequently determined negligently, will be accepted as a claim made against the employer. The employer will be solely responsible for all claims as a result of operations by or travel in the employer's aircraft. The indemnities provided by this clause will not operate where it can be established that the employee wilfully caused the injury, loss or damage or committed a criminal or quasi criminal act or where such indemnity would be illegal under the relevant State or Federal laws. 24.4 Engineers Tools The Company will reimburse an employee for loss or damage to the employee's tools damaged or lost whilst in transit or on the Company premises. Each employee is to provide an itemised inventory of their tools with details of the manufacturer, part number (if available), description and quantity to the Company within 30 days from the commencement of this agreement. For the purposes of maintaining up to date employee inventory records, the Company is to be notified of any changes to an employee's inventory list as soon as it occurs. AHPL Engineers Enterprise Agreement (2014) Page 20 of 3925 HOURS OF DUTY 25.1 Ordinary hours worked by employees, when averaged over a year, is to equal38 hours per week. 25.2 Touring Employees 25.2.1 25.2.2 25.2.3 25.2.4 25.2.5 Field Leave for Touring Employees is accrued at the rate of20 days "off' after completing 22 consecutive days "on" roster (or calculated pro rata for longer or shorter tours). To achieve the averaging of ordinary hours, a Touring Employee will need to work a 10.8 hour day. (NB: It is acknowledged that the last rostered day of an employee's tour (e.g. 22nd day) is a travel day.) However, a Touring Employee is to manage each shift as a 7.6 hour day, with the un-worked yet paid 3.2 hours held in reserve as compensation for being on call or standby and working reasonable overtime due to operational requirements. Unless a Touring Employee accrues more than an average of 10.8 working hours per day in any particular tour (inclusive of any extra hours worked as overtime or recall to duty) no additional payment is provided. Should the employee average more than the 10.8 hours over the tour, then clause 26 "Additional hours and recall to duty" will be applied. 25.3 Fixed Base Employees Working a Touring Roster 25.3.1 25.3.2 25.3.3 25.3.4 25.3.5 Field Leave for Fixed Base Employees working touring roster is accrued at the rate of 14 days "off' (field leave) after completing a 14 consecutive days "on" roster. To achieve the averaging of ordinary hours, a Fixed Base Employee working a touring roster will need to work a 10.8 hour day. However, employees working a touring roster are to manage each shift as a 7.6 hour day, with the un-worked yet paid 3.2 hours held in reserve as compensation for being on call or standby and working reasonable overtime due to operational requirements. Unless a Fixed Base Employee working a touring roster accrues more than an average of 10.8 working hours per day in any particular tour (inclusive of any extra hours worked as overtime or recall to duty) no additional payment is provided. Should the employee average more than the 10.8 hours over the tour, then clause 26 "Additional hours and recall to duty" will be applied. 25.4 Fixed Base Employees 25.4.1 Fixed Base Employees will: (a) be rostered for 38 ordinary hours per week; (b) work their ordinary hours on Monday to Friday, unless other days are mutually agreed; (c) if required to work ordinary hours away from home base, accrue field leave at the rate of0.33 days of field leave for every such night away from home base. -----·-·-------··----~. AHPL Engineers Enterprise Agreement (2014) Page21 of39 25 HOURS OF DUTY 25.1 Ordinary hours worked by employees, when averaged over a year, is to equal 38 hours per week. 25.2 Touring Employees 25.2.1 Field Leave for Touring Employees is accrued at the rate of 20 days "off" after completing 22 consecutive days "on" roster (or calculated pro rata for longer or shorter tours). 25.2.2 To achieve the averaging of ordinary hours ,, a Touring Employee will need to work a 10.8 hour day. (NB: It is acknowledged that the last rostered day of an employee's tour (e.g. 22nd day) is a travel day.) 25.2.3 However, a Touring Employee is to manage each shift as a 7.6 hour day, with the un-worked yet paid 3.2 hours held in reserve as compensation for being on call or standby and working reasonable overtime due to operational requirements. 25.2.4 Unless a Touring Employee accrues more than an average of 10.8 working hours per day in any particular tour (inclusive of any extra hours worked as overtime or recall to duty) no additional payment is provided. 25.2.5 Should the employee average more than the 10.8 hours over the tour, then clause 26 "Additional hours and recall to duty" will be applied. 25.3 Fixed Base Employees Working a Touring Roster 25.3.1 Field Leave for Fixed Base Employees working touring roster is accrued at the rate of 14 days "off" (field leave) after completing a 14 consecutive days "on" roster. 25.3.2 To achieve the averaging of ordinary hours, a Fixed Base Employee working a touring roster will need to work a 10.8 hour day. 25.3.3 However, employees working a touring roster are to manage each shift as a 7.6 hour day, with the un-worked yet paid 3.2 hours held in reserve as compensation for being on call or standby and working reasonable overtime due to operational requirements. 25.3.4 Unless a Fixed Base Employee working a touring roster accrues more than an average of 10.8 working hours per day in any particular tour (inclusive of any extra hours worked as overtime or recall to duty) no additional payment is provided. 25.3.5 Should the employee average more than the 10.8 hours over the tour, then clause 26 "Additional hours and recall to duty" will be applied. 25.4 Fixed Base Employees 25.4.1 Fixed Base Employees will: (a) be rostered for 38 ordinary hours per week; (b) work their ordinary hours on Monday to Friday, unless other days are mutually agreed; (c) if required to work ordinary hours away from home base, accrue field leave at the rate of 0.33 days of field leave for every such night away from home base. AHPL Engineers Enterprise Agreement (2014) Page 21 of 3926 ADDITIONAL HOURS AND, RECALL TO DUTY 26.1 Requirement to work reasonable additional hours The employer may require an employee to work reasonable additional hours to meet operational needs of the Company and such employee will not unreasonably refuse to work additional hours in accordance with such requirements. 26.2 Payment for additional hours and days ofwork 26.2.1 Fixed Base Employees 26.2.2 26.2.3 (a) A Fixed Base Employee who works: (i) additional hours in excess of his or her roster; or (ii) on days the employee had been rostered free of duty will be paid for all such additional hours at the hourly overtime rate prescribed by Schedule 1. (b) The Daily Overtime Rate in Schedule 1 does not apply to a Fixed Base Employee. Touring Employees (a) A Touring Employee who works in excess of an average of 10.8 hours per day over duration of a particular tour as outlined in clause 25, Hours of Duty will be paid for all such additional hours at the hourly overtime rate prescribed by Schedule 1. (b) A Touring Employee who works on a day that he or she has been rostered free of duty, will be entitled to be paid one day of overtime at the Daily Overtime Rate prescribed by Schedule 1. Fixed Base Employees working a touring roster (a) A Fixed Base Employee working a touring roster who works in excess of an average of 10.8 hours per day over duration of a particular tour as outlined in clause 25, Hours of Duty will be paid for all such additional hours at the hourly overtime rate prescribed by Schedule 1. (b) A Fixed Base Employee working a touring roster who works on a day that he or she has been rostered free of duty, will be entitled to be paid one day of overtime at the Daily Overtime Rate prescribed by Schedule 1. 26.3 Recall and emergency duty 26.3 .1 26.3.2 A Fixed base employee recalled to work additional hours after leaving the employer's business premises (whether notified before or after leaving the premises) will be paid for a minimum of four hours work for each time the employee is so recalled. The recall and emergency duty provisions of this clause will not apply to Touring Employees or Fixed Based Employees working a touring roster. ----------- AHPL Engineers Enterprise Agreement (2014) Page22 of39 26 ADDITIONAL HOURS AND, RECALL TO DUTY 26.1 Requirement to work reasonable additional hours The employer may require an employee to work reasonable additional hours to meet operational needs of the Company and such employee will not unreasonably refuse to work additional hours in accordance with such requirements. 26.2 Payment for additional hours and days of work 26.2.1 Fixed Base Employees (a) A Fixed Base Employee who works: (i) additional hours in excess of his or her roster; or (ii) on days the employee had been rostered free of duty will be paid for all such additional hours at the hourly overtime rate prescribed by Schedule 1. (b) The Daily Overtime Rate in Schedule 1 does not apply to a Fixed Base Employee. 26.2.2 Touring Employees (a) A Touring Employee who works in excess of an average of 10.8 hours per day over duration of a particular tour as outlined in clause 25, Hours of Duty will be paid for all such additional hours at the hourly overtime rate prescribed by Schedule 1. (b) A Touring Employee who works on a day that he or she has been rostered free of duty, will be entitled to be paid one day of overtime at the Daily Overtime Rate prescribed by Schedule 1. 26.2.3 Fixed Base Employees working a touring roster (a) A Fixed Base Employee working a touring roster who works in excess of an average of 10.8 hours per day over duration of a particular tour as outlined in clause 25, Hours of Duty will be paid for all such additional hours at the hourly overtime rate prescribed by Schedule 1. (b) A Fixed Base Employee working a touring roster who works on a day that he or she has been rostered free of duty, will be entitled to be paid one day of overtime at the Daily Overtime Rate prescribed by Schedule 1. 26.3 Recall and emergency duty 26.3.1 A Fixed base employee recalled to work additional hours after leaving the employer's business premises (whether notified before or after leaving the premises) will be paid for a minimum of four hours work for each time the employee is so recalled. 26.3.2 The recall and emergency duty provisions of this clause will not apply to Touring Employees or Fixed Based Employees working a touring roster. AHPL Engineers Enterprise Agreement (2014) Page 22 of 3927 PERMANENT SHIFT WORK- FIXED BASE EMPLOYEES This clause does not apply to Touring Employees or Fixed Base Employees working a touring roster 27.1 Should the employer initiate a permanent Early Shift or Permanent Afternoon/Night shift roster for Fixed Base Employees the employer will pay the following penalty loadings for all ordinary hours worked on such shifts:. 27.1.1 27.1.2 27.1.3 lfrostered to start before 0600 or finish after 1800: 15% loading. Ifrostered to start after 1600: 22.5% loading. If rostered for a split shift: 25% loading. 27.2 The penalty loadings are not cumulative. The employee will be paid for the whole of each shift at the highest penalty loading applicable to that shift. 27.3 The penalty loading will be calculated on the employee's rate of pay including Salary in Schedule 1 and the following allowances from Schedule 2: 27.3.1 27.3.2 27.3.3 27.3.4 27.3.5 Higher Duties Allowance (BCE, BCE1, BCE2); Cert N Workplace Training; CASA licences; Weight Control; NDT. 28 TRAINING AND TRAINING RELATED MATTERS 28.1 This clause outlines the specific conditions that apply when an employee is undertaking training required by the employer. Where this clause deals with a matter, it prevails in regard to that subject matter to the exclusion of any other provisions of this Agreement. 28.2 Course Fees and Materials An employee will not be required to pay for any training required by the employer for the obtaining, maintaining or renewing of any licence applicable to aircraft operated and maintained by the company. 28.3 Summary of Conditions 28.3.1 28.3.2 Before asking an employee to undertake training: a) outside his or her normal working hours; or b) at a location other than the employee's Home Base; the company will provide the employee with a statement of entitlements to salary, allowances, travel allowance, overtime and accumulated field leave that would apply to that training. The summary required by clause 28.3.1 will be provided to the employee in writing as promptly as practicable after the decision to offer the course, and with at least one month available for the employee to make a considered decision. This period may be shortened in exceptional circumstances. AHPL Engineers Enterprise Agreement (2014) Page 23 of39 27 PERMANENT SHIFT WORK - FIXED BASE EMPLOYEES This clause does not apply to Touring Employees or Fixed Base Employees working a touring roster 27.1 Should the employer initiate a permanent Early Shift or Permanent Afternoon/Night shift roster for Fixed Base Employees the employer will pay the following penalty loadings for all ordinary hours worked on such shifts :. 27.1.1 If rostered to start before 0600 or finish after 1800: 15% loading. 27.1.2 If rostered to start after 1600: 22.5% loading. 27.1.3 If rostered for a split shift: 25% loading. 27.2 The penalty loadings are not cumulative. The employee will be paid for the whole of each shift at the highest penalty loading applicable to that shift. 27.3 The penalty loading will be calculated on the employee's rate of pay including Salary in Schedule 1 and the following allowances from Schedule 2: 27.3.1 Higher Duties Allowance (BCE, BCE1, BCE2); 27.3.2 Cert IV Workplace Training; 27.3.3 CASA licences; 27.3.4 Weight Control; 27.3.5 NDT. 28 TRAINING AND TRAINING RELATED MATTERS 28.1 This clause outlines the specific conditions that apply when an employee is undertaking training required by the employer. Where this clause deals with a matter, it prevails in regard to that subject matter to the exclusion of any other provisions of this Agreement. 28.2 Course Fees and Materials An employee will not be required to pay for any training required by the employer for the obtaining, maintaining or renewing of any licence applicable to aircraft operated and maintained by the company. 28.3 Summary of Conditions 28.3.1 Before asking an employee to undertake training: a) outside his or her normal working hours; or b) at a location other than the employee's Home Base; the company will provide the employee with a statement of entitlements to salary, allowances, travel allowance, overtime and accumulated field leave that would apply to that training. 28.3.2 The summary required by clause 28.3.1 will be provided to the employee in writing as promptly as practicable after the decision to offer the course, and with at least one month available for the employee to make a considered decision. This period may be shortened in exceptional circumstances. AHPL Engineers Enterprise Agreement (2014) Page 23 of 3928.4 Transport If an employee undertaking training at a location other than the employee's Home Base, the employer must: 28.4.1 28.4.2 provide the employee with transport between the accommodation and the training location and from the accommodation/training location to the airport at no cost to the employee; or reimburse the reasonable actual cost of such transport if receipts are provided to substantiate the cost. 28.5 Accommodation When an employee is undertaking training that requires the employee to remain away from home base overnight, the provisions of clause 29.3 Accommodation Standards of this Agreement will apply. 28.6 Travel Insurance When an employee undertakes training that involves international travel, the company will provide travel insurance for the entire period away from home base in connection with the training and any other company business. This includes any weekends or days on which training is not conducted in the period. The employee is entitled to receive on request a statement from the insurer (e.g. a Product Disclosure Statement or similar) outlining the specific details of the cover provided. 28.7 Return of Service Agreement 28.7.1 28.7.2 28.7.3 28.7.4 A Return of Service Agreement consistent with this clause may be offered at the company's discretion for training that: (a) has been offered by the company and accepted by the employee; (b) is type training or overseas training; (c) the employee acknowledges that he or she has agreed to do voluntarily; (d) the employee acknowledges that the company has not directed the employee to take . A Return of Service Agreement is a written agreement between the company and an employee that: (a) is consistent with the terms of this clause; and (b) provides for "permitted deductions" pursuantto s 324(l)(b) ofthe Fair Work Act 2009, being a deduction authorised by the employee in accordance with this enterprise agreement. The intent and/or philosophy of the Return of Service Agreement is to ensure that the Company receives a commitment from the employee to remain in its service for an agreed period consequent upon the Company investing considerable financial resources in the employee's training. A proposed Return of Service Agreement will be given to the employee in writing as promptly as practicable after the decision to offer the course, and with at least one month available for the employee to make a considered decision. This period may be shortened in exceptional circumstances or by written agreement between the company and the employee. AHPL Engineers Enterprise Agreement (2014) Page 24 of39 28.4 Transport If an employee undertaking training at a location other than the employee's Home Base, the employer must: 28.4.1 provide the employee with transport between the accommodation and the training location and from the accommodation/training location to the airport at no cost to the employee; or 28.4.2 reimburse the reasonable actual cost of such transport if receipts are provided to substantiate the cost. 28.5 Accommodation When an employee is undertaking training that requires the employee to remain away from home base overnight, the provisions of clause 29.3 Accommodation Standards of this Agreement will apply. 28.6 Travel Insurance When an employee undertakes training that involves international travel, the company will provide travel insurance for the entire period away from home base in connection with the training and any other company business. This includes any weekends or days on which training is not conducted in the period. The employee is entitled to receive on request a statement from the insurer (e.g. a Product Disclosure Statement or similar) outlining the specific details of the cover provided. 28.7 Return of Service Agreement 28.7.1 A Return of Service Agreement consistent with this clause may be offered at the company's discretion for training that: (a) has been offered by the company and accepted by the employee; (b) is type training or overseas training; (c) the employee acknowledges that he or she has agreed to do voluntarily; (d) the employee acknowledges that the company has not directed the employee to take . 28.7.2 A Return of Service Agreement is a written agreement between the company and an employee that: (a) is consistent with the terms of this clause; and (b) provides for "permitted deductions" pursuant to s 324(1)(b) of the Fair Work Act 2009, being a deduction authorised by the employee in accordance with this enterprise agreement. 28.7.3 The intent and/or philosophy of the Return of Service Agreement is to ensure that the Company receives a commitment from the employee to remain in its service for an agreed period consequent upon the Company investing considerable financial resources in the employee's training. 28.7.4 A proposed Return of Service Agreement will be given to the employee in writing as promptly as practicable after the decision to offer the course, and with at least one month available for the employee to make a considered decision. This period may be shortened in exceptional circumstances or by written agreement between the company and the employee. AHPL Engineers Enterprise Agreement (2014) Page 24 of 3928.7.5 28.7.6 If the employee does not undertake the training that is to be the subject of a Return of Service Agreement, the employee' s employment will continue with the company in the employee's current classification. The following conditions also apply to a Return of Service Agreemen! (a) The nominal value of the training will be agreed and specified separately in a Return of Service Agreement between the company and the Employee. The company will provide and fully pay for the training. (b) In return for the benefits of the training, the Employee agrees to remain and continue in employment with the company for a period not less than the period as specified in the Return of Service Agreement ("Return of Service Period"). In recognition of the employee's previous service contribution, the Service Period will be determined by the following scale, calculated as at the commencement date of the training: • Up to two (2) years' service: 24 month Return of Service Period applies. • More than two (2) years but less than six (6) years' service: 12 month Return of Service Period applies. • Six (6) years or more service: no Return of Service Period applies. (c) Should the Employee resign or be terminated by the company for misconduct, incompetence or dishonesty within the Return of Service Period, a pro rata value of the training based on the Return of Service Period not completed will become due to the company ("Debt"). This amount will be specified in the Return of Service Agreement or be able to be calculated by reference to its terms. Such a Debt may be recovered by the company from the employee in a Court of competent jurisdiction. (d) No Debt will apply if the employee's employment ends by reason of: • the employee being certified permanently medically unfit; or • the employee retiring permanently from the workforce; or • termination by the employer as a result of redundancy; or • resignation of the employee after being given written notice of termination for redundancy as permitted by clause 16.4 of this Agreement. (e) The Debt pro rata value will calculated as follows: • For the first six months after the completion of the training - no reduction and the Debt is the full nominal value specified in the Return of Service Agreement. • For the remainder of the Return of Service Period - the Debt will reduce in equal monthly instalments so that it reaches zero at the end of the Return of Service Period. AHPL Engineers Enterprise Agreement (2014) Page 25 of39 28.7.5 If the employee does not undertake the training that is to be the subject of a Return of Service Agreement, the employee's employment will continue with the company in the employee's current classification. 28.7.6 The following conditions also apply to a Return of Service Agreement (a) The nominal value of the training will be agreed and specified separately in a Return of Service Agreement between the company and the Employee. The company will provide and fully pay for the training. (b) In return for the benefits of the training, the Employee agrees to remain and continue in employment with the company for a period not less than the period as specified in the Return of Service Agreement ("Return of Service Period"). In recognition of the employee's previous service contribution, the Service Period will be determined by the following scale, calculated as at the commencement date of the training: Up to two (2) years' service: 24 month Return of Service Period applies. More than two (2) years but less than six (6) years' service: 12 month Return of Service Period applies. . Six (6) years or more service: no Return of Service Period applies. (c) Should the Employee resign or be terminated by the company for misconduct, incompetence or dishonesty within the Return of Service Period, a pro rata value of the training based on the Return of Service Period not completed will become due to the company ("Debt"). This amount will be specified in the Return of Service Agreement or be able to be calculated by reference to its terms. Such a Debt may be recovered by the company from the employee in a Court of competent jurisdiction. (d) No Debt will apply if the employee's employment ends by reason of: the employee being certified permanently medically unfit; or . the employee retiring permanently from the workforce; or . termination by the employer as a result of redundancy; or . resignation of the employee after being given written notice of termination for redundancy as permitted by clause 16.4 of this Agreement. (e) The Debt pro rata value will calculated as follows: For the first six months after the completion of the training - no reduction and the Debt is the full nominal value specified in the Return of Service Agreement. For the remainder of the Return of Service Period - the Debt will reduce in equal monthly instalments so that it reaches zero at the end of the Return of Service Period. AHPL Engineers Enterprise Agreement (2014) Page 25 of 3928.7.7 (f) Pursuant to the terms of the applicable Return of Service Agreement, any Debt incurred by an employee under a Return of Service Agreement may be offset by the company and/or applied to any part of the Debt outstanding to the company on the date of termination of the employee's employment against any entitlements owed to the employee by the company upon termination. To remove any doubt, for the purposes of s 324(1 )(b) of the Fair Work Act 2009, this subclause provides for a permitted deduction whereby the employee authorises the company under the Return of Service Agreement to offset and/or apply any entitlements to the amount remaining ofthe Debt (if any) as at the date oftermination of the Employee's employment against any wages or other entitlements owed to the employee by the company upon termination of the employee's employment .. (g) The operation of this clause is not intended to affect any contractual right or obligation of the company or the employee in respect to any previous Return of Service Agreement entered into between them. The clause is intended to operate prospectively in respect to any Return of Service Agreement entered into between the company and the employee on and from the operative date of this Agreement. An employee who does not complete their Return of Service Period may write to the company and apply to have the outstanding Debt waived or reduced. Any decision by the company to consider not pursuing, waiving or reducing the outstanding Debt owed by the employee shall be made after consideration of the circumstances surrounding the employee's exit from the company. Any decision by the company pursuant to this subclause shall be wholly in the company's discretion and shall be made without admission or prejudice and does not in any way constitute a precedent for future cases of a similar, like and/or different nature. 28.8 Payment During Training For the duration of any training or associated travel: 28.8.1 28.8.2 28.8.3 28.8.4 an employee will be paid his or her ordinary time rate of pay, inclusive of any applicable annual allowances in Schedule 2; an employee will not be entitled to any shift allowances; an employee will not be entitled to any standby or recall allowance; and an employee will not be entitled to overtime or Time Off in Lieu except as provided by this clause. 28.9 Hours of Work, Rosters and Field Leave During Training 28.9.1 28.9.2 ----------- During a period of training: a) the employee's usual roster cycle will be suspended; and b) the employee will attend as required by the training schedule. Subject to clause 28.9.3, an employee who is required because of training to remain overnight at a location other than the employee's Home Base will be entitled to accrue field leave at the rate of: a) 0.33 days per night away for a Fixed base employee; or -------------- AHPL Engineers Enterprise Agreement (2014) Page26 of39 (f) Pursuant to the terms of the applicable Return of Service Agreement, any Debt incurred by an employee under a Return of Service Agreement may be offset by the company and/or applied to any part of the Debt outstanding to the company on the date of termination of the employee's employment against any entitlements owed to the employee by the company upon termination. To remove any doubt, for the purposes of s 324(1)(b) of the Fair Work Act 2009, this subclause provides for a permitted deduction whereby the employee authorises the company under the Return of Service Agreement to offset and/or apply any entitlements to the amount remaining of the Debt (if any) as at the date of termination of the Employee's employment against any wages or other entitlements owed to the employee by the company upon termination of the employee's employment .. (g) The operation of this clause is not intended to affect any contractual right or obligation of the company or the employee in respect to any previous Return of Service Agreement entered into between them. The clause is intended to operate prospectively in respect to any Return of Service Agreement entered into between the company and the employee on and from the operative date of this Agreement. 28.7.7 An employee who does not complete their Return of Service Period may write to the company and apply to have the outstanding Debt waived or reduced. Any decision by the company to consider not pursuing, waiving or reducing the outstanding Debt owed by the employee shall be made after consideration of the circumstances surrounding the employee's exit from the company. Any decision by the company pursuant to this subclause shall be wholly in the company's discretion and shall be made without admission or prejudice and does not in any way constitute a precedent for future cases of a similar, like and/or different nature. 28.8 Payment During Training For the duration of any training or associated travel: 28.8.1 an employee will be paid his or her ordinary time rate of pay, inclusive of any applicable annual allowances in Schedule 2; 28.8.2 an employee will not be entitled to any shift allowances; 28.8.3 an employee will not be entitled to any standby or recall allowance; and 28.8.4 an employee will not be entitled to overtime or Time Off in Lieu except as provided by this clause. 28.9 Hours of Work, Rosters and Field Leave During Training 28.9.1 During a period of training: a) the employee's usual roster cycle will be suspended; and b) the employee will attend as required by the training schedule. 28.9.2 Subject to clause 28.9.3, an employee who is required because of training to remain overnight at a location other than the employee's Home Base will be entitled to accrue field leave at the rate of: a) 0.33 days per night away for a Fixed base employee; or AHPL Engineers Enterprise Agreement (2014) Page 26 of 3928.9.3 28.9.4 28.9.5 b) 0.40 days per night away for a Touring employee or for a Fixed base employee who usually works a touring roster. If a Touring Employee -or a Fixed base Employee who usually works a touring roster - undertakes Practical Consolidated Training ("PCT" or "accelerated hands on training") as maintenance on aircraft operated by a related entity of the employer, that employee will accrued field leave at the rate of0.91 days per day ofPCT in lieu ofthe 0.40 days prescribed by clause 28.9.2. All field leave accumulated during a period away for training will be taken in calendar days. An employee returning from training away from his or her Home Base will not lose pay or go into "negative field leave" if he or she does not have sufficient field leave to account for the period until the employer returns the employee to a duty roster. 28.10 Travel Days During Training Instead ofthe field leave in clause 28.9.2, if an employee is required to travel to or from training outside his or her normal work cycle (i.e. on weekends for a fixed base employee or "field leave days" for a touring employee), that employee will be entitled- for each day of travel that would ordinarily have been rostered free of duty - to one day of Time Off in Lieu for each such day. For the purpose of this clause, one "day of travel" means travel within a period between midnight on one day and midnight on the following day, as measured according to the local time at the at the city from which the journey commences. Travel that extends past midnight local time at the city of departure will qualify as two days of travel. 28.11 Travel and Meal Allowances and Reimbursements An employee who is required because of training or related travel to remain overnight at a location other than the employee's Home Base will be entitled to travel and meal allowances in accordance with clause 29 of this Agreement. 29 TRAVELLINGANDWORKINGAWAY 29.1 If an employee is required to work at a place other than their regular place of employment, the employer must pay the employee any agreed additional fares incurred, or provide the employee with transport. 29.2 Travel Allowance 29.2.1 29.2.2 29.2.3 29.2.4 An employee who is away from home base overnight at the company's direction in connection with duty or training will be entitled to a Daily Travel Allowance ("DT A"). DT A for travel within Australia and its Territories will be based on the Australian Tax Office ("ATO") reasonable travel and overtime meal allowance expense amounts as determined and published from time to time, but calculated for individuals in accordance with this clause. DT A will be payable for all calendar days between departure from the airport nearest the employee's Home Base, until return to the airport nearest the employee's Home Base. The DTA actually payable will be adjusted for part days away by deducting - from the daily food and drink amount - the published value AHPL Engineers Enterprise Agreement (2014) Page 27 of39 b) 0.40 days per night away for a Touring employee or for a Fixed base employee who usually works a touring roster. 28.9.3 If a Touring Employee - or a Fixed base Employee who usually works a touring roster - undertakes Practical Consolidated Training ("PCT" or "accelerated hands on training") as maintenance on aircraft operated by a related entity of the employer, that employee will accrued field leave at the rate of 0.91 days per day of PCT in lieu of the 0.40 days prescribed by clause 28.9.2. 28.9.4 All field leave accumulated during a period away for training will be taken in calendar days. 28.9.5 An employee returning from training away from his or her Home Base will not lose pay or go into "negative field leave" if he or she does not have sufficient field leave to account for the period until the employer returns the employee to a duty roster. 28.10 Travel Days During Training Instead of the field leave in clause 28.9.2, if an employee is required to travel to or from training outside his or her normal work cycle (i.e. on weekends for a fixed base employee or "field leave days" for a touring employee), that employee will be entitled - for each day of travel that would ordinarily have been rostered free of duty - to one day of Time Off in Lieu for each such day. For the purpose of this clause, one "day of travel" means travel within a period between midnight on one day and midnight on the following day, as measured according to the local time at the at the city from which the journey commences. Travel that extends past midnight local time at the city of departure will qualify as two days of travel. 28.11 Travel and Meal Allowances and Reimbursements An employee who is required because of training or related travel to remain overnight at a location other than the employee's Home Base will be entitled to travel and meal allowances in accordance with clause 29 of this Agreement. 29 TRAVELLING AND WORKING AWAY 29.1 If an employee is required to work at a place other than their regular place of employment, the employer must pay the employee any agreed additional fares incurred, or provide the employee with transport. 29.2 Travel Allowance 29.2.1 An employee who is away from home base overnight at the company's direction in connection with duty or training will be entitled to a Daily Travel Allowance ("DTA"). 29.2.2 DTA for travel within Australia and its Territories will be based on the Australian Tax Office ("ATO") reasonable travel and overtime meal allowance expense amounts as determined and published from time to time, but calculated for individuals in accordance with this clause. 29.2.3 DTA will be payable for all calendar days between departure from the airport nearest the employee's Home Base, until return to the airport nearest the employee's Home Base. 29.2.4 The DTA actually payable will be adjusted for part days away by deducting - from the daily food and drink amount - the published value AHPL Engineers Enterprise Agreement (2014) Page 27 of 3929.2.5 29.2.6 of any meals normally taken at times before the employee has departed from, or after the employee has returned to, his or her Home Base. Domestic DTA (a) Subject to this clause, DTA will be payable for travel within Australia and its Territories at the daily reasonable amounts determined by the ATO for food and drink and for incidentals for domestic travel. (b) For the purpose of determining the appropriate ATO table to be used, the Employee's annual salary will be the annual salary in Schedule 1 of this Agreement. (c) If any meals are provided or organised to be provided at no cost to the employee, the daily DTA actually payable will be adjusted by deducting - from the daily food and drink amount - the published value of those meals. Meals on domestic aircraft flights will not be regarded as meals provided for the purpose of this clause. (d) If the meal to be provided to the employee under clause 29.2.5 (c) is not provided or is deemed by the employee to be unsuitable, the employee is entitled to be reimbursed the actual expense incurred in obtaining an alternative meal. Such reimbursement will be: (i) subject to the production of satisfactory receipts as evidence of the expenditure; and (ii) available for up to the value published by the ATO for the relevant meal. International DT A (a) Subject to this clause, DTA will be payable for travel outside Australia and its Territories at the daily reasonable amounts determined by the ATO for meals and for incidentals for overseas travel. (b) For the purpose of determining the appropriate ATO table to be used, the Employee's annual salary will be the annual salary in Schedule 1 of this Agreement. (c) If any meals are provided or organised to be provided at no cost to the employee, the daily DTA actually payable will be adjusted by deducting- from the daily meals amount- the published value of those meals. If no individual meal amounts are published, the meal amount of the DTA will be reduced by the following percentages: Breakfast A reduction of 23% of the meals amount Lunch A reduction of 32% of the meals amount Dinner A reduction of 45% of the meals amount ----~------------------------------------- AHPL Engineers Enterprise Agreement (2014} Page 28 of39 of any meals normally taken at times before the employee has departed from, or after the employee has returned to, his or her Home Base. 29.2.5 Domestic DTA (a) Subject to this clause, DTA will be payable for travel within Australia and its Territories at the daily reasonable amounts determined by the ATO for food and drink and for incidentals for domestic travel. (b) For the purpose of determining the appropriate ATO table to be used, the Employee's annual salary will be the annual salary in Schedule 1 of this Agreement. (c) If any meals are provided or organised to be provided at no cost to the employee, the daily DTA actually payable will be adjusted by deducting - from the daily food and drink amount - the published value of those meals. Meals on domestic aircraft flights will not be regarded as meals provided for the purpose of this clause. (d) If the meal to be provided to the employee under clause 29.2.5 (c) is not provided or is deemed by the employee to be unsuitable, the employee is entitled to be reimbursed the actual expense incurred in obtaining an alternative meal. Such reimbursement will be: (i) subject to the production of satisfactory receipts as evidence of the expenditure; and (ii) available for up to the value published by the ATO for the relevant meal. 29.2.6 International DTA (a) Subject to this clause, DTA will be payable for travel outside Australia and its Territories at the daily reasonable amounts determined by the ATO for meals and for incidentals for overseas travel. (b) For the purpose of determining the appropriate ATO table to be used, the Employee's annual salary will be the annual salary in Schedule 1 of this Agreement. (c) If any meals are provided or organised to be provided at no cost to the employee, the daily DTA actually payable will be adjusted by deducting - from the daily meals amount - the published value of those meals. If no individual meal amounts are published, the meal amount of the DTA will be reduced by the following percentages: Breakfast A reduction of 23% of the meals amount Lunch A reduction of 32% of the meals amount Dinner A reduction of 45% of the meals amount AHPL Engineers Enterprise Agreement (2014) Page 28 of 39Meals on international aircraft flights are to be regarded as meals provided for the purpose of this clause, and the employee will only be entitled to the incidentals allowance at those times. (d) If the meal to be provided to the employee under clause 29.2.6(c) is not provided or is deemed by the employee to be unsuitable, the employee is entitled to be reimbursed the actual expense incurred in obtaining the meal. Such reimbursement will be: (i) subject to the production of satisfactory receipts as evidence of the expenditure; and (ii) available for up to the value published by the ATO for the relevant meal. 29.3 Accommodation Standards 29.3.1 29.3.2 29.3.3 29.3.4 Where an employee is required to overnight away from home on Company business, the company will provide wherever possible, accommodation that meets the following minimum standards: (a) Separate sleeping rooms for each employee; (b) No more than two people sharing one bathroom facility; (c) Air conditioning/heating facilities; (d) Clean, quiet and free form factors that reduce adequate rest; (e) Equivalent to "3 -star'' standards as defmed by the rating of AAA Tourism for hotel or motel accommodation (information available at www .aaatourism.com.au or www.accomadationguide.com.au/StarRatings.asp ); (f) Self-contained/serviced apartments for stays of longer than three nights where they are available. The parties agree that the current company-provided house on Hom Island meets the minimum accommodation standards and that there is no entitlement to the Unsuitable Accommodation allowance, provided that criteria at 29.3.1 (a) to 29.3.1 (d) continue to be met. The unavailability of "serviced apartments" for stays greater than three nights does not result in entitlement to the Unsuitable Accommodation allowance if 3-star rating accommodation is sourced. Notwithstanding the above minimum criteria, the company-preferred standard of accommodation where it is reasonably available is "4-star" hotel or self-contained apartments with single occupancy. 29.4 Taxi Fares Touring employees will be entitled to taxi /public transport fares incurred whilst travelling from their home to the airport and airport to home (i.e. the return journey) for any business related travel outside the individual employee's normal shift pattern. 29.5 Laundry Allowance 29.5.1 An employee who is required to reside away from their home base on company business will be reimbursed for reasonable substantiated ----------· ·----------·-······-····-···------····· .. -- - - ---- AHPL Engineers Enterprise Agreement (2014) Page 29 of39 Meals on international aircraft flights are to be regarded as meals provided for the purpose of this clause, and the employee will only be entitled to the incidentals allowance at those times. (d) If the meal to be provided to the employee under clause 29.2.6(c) is not provided or is deemed by the employee to be unsuitable, the employee is entitled to be reimbursed the actual expense incurred in obtaining the meal. Such reimbursement will be: (i) subject to the production of satisfactory receipts as evidence of the expenditure; and (ii) available for up to the value published by the ATO for the relevant meal. 29.3 Accommodation Standards 29.3.1 Where an employee is required to overnight away from home on Company business, the company will provide wherever possible, accommodation that meets the following minimum standards: (a) Separate sleeping rooms for each employee; (b) No more than two people sharing one bathroom facility; (c) Air conditioning/heating facilities; (d) Clean, quiet and free form factors that reduce adequate rest; (e) Equivalent to "3-star" standards as defined by the rating of AAA Tourism for hotel or motel accommodation (information available at www.aaatourism.com.au or www.accomadationguide.com.au/StarRatings.asp ); (f) Self-contained/serviced apartments for stays of longer than three nights where they are available. 29.3.2 The parties agree that the current company-provided house on Horn Island meets the minimum accommodation standards and that there is no entitlement to the Unsuitable Accommodation allowance, provided that criteria at 29.3.1 (a) to 29.3.1 (d) continue to be met 29.3.3 The unavailability of "serviced apartments" for stays greater than three nights does not result in entitlement to the Unsuitable Accommodation allowance if 3-star rating accommodation is sourced. 29.3.4 Notwithstanding the above minimum criteria, the company-preferred standard of accommodation where it is reasonably available is "4-star" hotel or self-contained apartments with single occupancy. 29.4 Taxi Fares Touring employees will be entitled to taxi /public transport fares incurred whilst travelling from their home to the airport and airport to home (i.e. the return journey) for any business related travel outside the individual employee's normal shift pattern. 29.5 Laundry Allowance 29.5.1 An employee who is required to reside away from their home base on company business will be reimbursed for reasonable substantiated AHPL Engineers Enterprise Agreement (2014) Page 29 of 39laundry expenses. Payment of these expenses is made through an expense claim supported with receipts. 29.5.2 Laundry allowances will not be reimbursed if the Company provides adequate laundry facilities and detergents free of charge to the employee. 30 ANNUALLEAVE 30.1 An Employee's entitlement to paid annual leave accrues progressively according to the Employee's ordinary hours of work, and it accumulates from year to year. 30.2 A Fixed Base employee who completes twelve months continuous service with the employer will be granted 25 days annual leave. For a Fixed Base employee the period ofleave is exclusive of Saturdays and Sundays and Public Holidays. 30.3 A Touring employee or Fixed Base employee working a touring roster who completes twelve months continuous service with the employer will be granted 35 days annual leave. For a Touring Employee or Fixed Base Employee working a touring roster the period of leave is inclusive of Saturdays and Sundays and Public Holidays. 30.4 The period of leave is from an employee's first rostered work day on until the day immediately preceding their return to work. 30.5 Annual leave may be taken at a time mutually agreed between the Employee and the Company. Leave is to be taken, wherever possible, to align with operational requirements and rosters and to minimise any adverse effects on other employees. 30.6 Touring Employees requesting block annual leave with less than one (1) year's leave accrual will have their leave request/roster managed to enable approved time off. 30.7 Payment when taking annual leave An employee who takes annual leave will be paid for the period of annual leave at his or her ordinary time rate of pay, inclusive of any applicable annual allowances in Schedule 2. No leave loading is payable for annual leave. 30.8 Calculation of service In determining what is a complete year of service in respect of an employee's eligibility for leave, or what amount of pro rata leave is due to them, any absence from duty other than absence due to field leave, annual leave, long service or paid personal leave, will not count as service, and the period of annual leave which may be granted to them will be subject to a deduction at the rate of 11365 of the employee's annual leave entitlement for each day/s absence which does not count as service. 30.9 RecaU from leave The employer will not be entitled to recall an employee from annual leave except by mutual agreement between the employer and the employee. 30.10 Proportionate leave on termination On termination of employment an employee will be granted pay in lieu of annual leave at the rate of 11365 of the employee's annual leave entitlement for each completed day of service in respect of which no annual leave has been granted to them. 30.11 Leave rosters 30.11.1 Leave rosters will be compiled at each base location by mutual agreement (where possible), taking into consideration both the AHPL Engineers Enterprise Agreement (2014) Page 30 of39 laundry expenses. Payment of these expenses is made through an expense claim supported with receipts. 29.5.2 Laundry allowances will not be reimbursed if the Company provides adequate laundry facilities and detergents free of charge to the employee. 30 ANNUAL LEAVE 30.1 An Employee's entitlement to paid annual leave accrues progressively according to the Employee's ordinary hours of work, and it accumulates from year to year. 30.2 A Fixed Base employee who completes twelve months continuous service with the employer will be granted 25 days annual leave. For a Fixed Base employee the period of leave is exclusive of Saturdays and Sundays and Public Holidays. 30.3 A Touring employee or Fixed Base employee working a touring roster who completes twelve months continuous service with the employer will be granted 35 days annual leave. For a Touring Employee or Fixed Base Employee working a touring roster the period of leave is inclusive of Saturdays and Sundays and Public Holidays. 30.4 The period of leave is from an employee's first rostered work day on until the day immediately preceding their return to work. 30.5 Annual leave may be taken at a time mutually agreed between the Employee and the Company. Leave is to be taken, wherever possible, to align with operational requirements and rosters and to minimise any adverse effects on other employees. 30.6 Touring Employees requesting block annual leave with less than one (1) year's leave accrual will have their leave request/roster managed to enable approved time off. 30.7 Payment when taking annual leave An employee who takes annual leave will be paid for the period of annual leave at his or her ordinary time rate of pay, inclusive of any applicable annual allowances in Schedule 2. No leave loading is payable for annual leave. 30.8 Calculation of service In determining what is a complete year of service in respect of an employee's eligibility for leave, or what amount of pro rata leave is due to them, any absence from duty other than absence due to field leave, annual leave, long service or paid personal leave, will not count as service, and the period of annual leave which may be granted to them will be subject to a deduction at the rate of 1/365 of the employee's annual leave entitlement for each day/s absence which does not count as service. 30.9 Recall from leave The employer will not be entitled to recall an employee from annual leave except by mutual agreement between the employer and the employee. 30.10 Proportionate leave on termination On termination of employment an employee will be granted pay in lieu of annual leave at the rate of 1/365 of the employee's annual leave entitlement for each completed day of service in respect of which no annual leave has been granted to them. 30.11 Leave rosters 30.11.1 Leave rosters will be compiled at each base location by mutual agreement (where possible), taking into consideration both the AHPL Engineers Enterprise Agreement (2014) Page 30 of 39operational requirements of the particular base and other leave requests received by employees. 30.11.2 The clear intention of this clause is to allow as much flexibility as possible with the requesting and taking of leave provided this does not negatively impact operations. 30.11.3 Leave rosters approved will be posted on the company intranet site. 30.12 Managing excessive leave accruals 30.12.1 Annual leave plan (a) In consultation with the employee, the Base Chief Engineer or Engineering Manager shall construct an annual leave plan. (b) Where a mutually agreed proposed leave plan cannot be achieved, the employee will be given alternative options for taking leave through the year. (c) By mutual agreement an Engineer can accrue in excess of this leave provided an approved plan is in place. (d) It is recognised that not all leave requirements can be identified out to 12 months, and that shorter notice requests will be fulfilled whenever practical. 30.12.2 Leave balances (a) Subject to this clause, each employee is to maintain a leave balance no more than: 1. one year's accrued entitlement to annual leave; or ii. one full touring cycle of days on and associated field leave as normally worked by the employee, whichever is the greater. (b) When an employee has a leave balance greater than the amount specified by clause 30.12.2(a), the employee shall take action to proactively clear this balance within the ensuing 12 months, in consultation with their Base Chief Engineer or the Engineering Manager. (c) The Company will ensure that employees have access to their current annual leave accrual balance to assist them to manage leave balances. 30.12.3 Direction to take leave (a) The Company may utilise the following process to manage excess annual leave (which is defmed as an amount of leave balance in excess of the amount specified in clause 30.12.2(a)). AHPL Engineers Enterprise Agreement (2014) Page 31 of39 operational requirements of the particular base and other leave requests received by employees. 30.11.2 The clear intention of this clause is to allow as much flexibility as possible with the requesting and taking of leave provided this does not negatively impact operations. 30.11.3 Leave rosters approved will be posted on the company intranet site. 30.12 Managing excessive leave accruals 30.12.1 Annual leave plan (a) In consultation with the employee, the Base Chief Engineer or Engineering Manager shall construct an annual leave plan. (b) Where a mutually agreed proposed leave plan cannot be achieved, the employee will be given alternative options for taking leave through the year. (c) By mutual agreement an Engineer can accrue in excess of this leave provided an approved plan is in place. (d) It is recognised that not all leave requirements can be identified out to 12 months, and that shorter notice requests will be fulfilled whenever practical. 30.12.2 Leave balances (a) Subject to this clause, each employee is to maintain a leave balance no more than: i. one year's accrued entitlement to annual leave; or ii. one full touring cycle of days on and associated field leave as normally worked by the employee, whichever is the greater. (b) When an employee has a leave balance greater than the amount specified by clause 30.12.2(a), the employee shall take action to proactively clear this balance within the ensuing 12 months, in consultation with their Base Chief Engineer or the Engineering Manager. (c) The Company will ensure that employees have access to their current annual leave accrual balance to assist them to manage leave balances. 30.12.3 Direction to take leave (a) The Company may utilise the following process to manage excess annual leave (which is defined as an amount of leave balance in excess of the amount specified in clause 30.12.2(a)). AHPL Engineers Enterprise Agreement (2014) Page 31 of 39(b) The Company may direct an employee to take excess annual leave by providing at least one month's notice to the employee in writing, provided that: 1. the Base Chief Engineer or the Engineering Manager has consulted with the employee about managing leave balances in accordance with clause 30.12.2; n. following that consultation, the employee has not nominated a period approved by the base manager in which they intend to take any excess leave within the ensuing 12 months; and 111. where an employee has requested leave and the application has been denied, the Company will not direct the employee to take leave within a six (6) month period after the initial request is denied. 30.12.4 If an employee requests a period ofleave and the application is rejected, the employee has the right to have the amount of leave cashed out in accordance with- and subject to the limits of- this Agreement. 30.13 Cashing out leave 30.13.1 An employee may cash out his or her accrued annual leave in excess of 28 days by requesting to do so in writing and upon mutual agreement with the employer. 30.13.2 Any cashing out of accrued annual leave must not result in the employee's accrued annual leave balance being less than four weeks' paid annual leave. 30.13.3 Each occasion that leave is cashed out must have a separate agreement in writing between the employer and the employee. 30.13.4 The employee must be paid the full amount that would have been payable had the employee taken the leave. 31 LONG SERVICE LEAVE 31.1 Long service leave will be granted in accordance with the provisions of the appropriate State or F ederallegislation. 31.2 The period of leave deducted is calculated in the same manner as outlined in Clause 30.4. 31.3 The employer may at the request of an employee grant the employee long service leave on half pay for a period not exceeding twice the period specified in the appropriate legislation. 32 JURY LEAVE 32.1 An employee who is required to attend for jury service during his or her normal duty time will be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the attendance for such jury service and the amount of ·---·-----~-------------- AHPL Engineers Enterprise Agreement (2014) Page 32 of39 (b) The Company may direct an employee to take excess annual leave by providing at least one month's notice to the employee in writing, provided that: i. the Base Chief Engineer or the Engineering Manager has consulted with the employee about managing leave balances in accordance with clause 30.12.2; ii. following that consultation, the employee has not nominated a period approved by the base manager in which they intend to take any excess leave within the ensuing 12 months; and iii. where an employee has requested leave and the application has been denied, the Company will not direct the employee to take leave within a six (6) month period after the initial request is denied. 30.12.4 If an employee requests a period of leave and the application is rejected, the employee has the right to have the amount of leave cashed out in accordance with - and subject to the limits of - this Agreement. 30.13 Cashing out leave 30.13.1 An employee may cash out his or her accrued annual leave in excess of 28 days by requesting to do so in writing and upon mutual agreement with the employer. 30.13.2 Any cashing out of accrued annual leave must not result in the employee's accrued annual leave balance being less than four weeks' paid annual leave. 30.13.3 Each occasion that leave is cashed out must have a separate agreement in writing between the employer and the employee. 30.13.4 The employee must be paid the full amount that would have been payable had the employee taken the leave. 31 LONG SERVICE LEAVE 31.1 Long service leave will be granted in accordance with the provisions of the appropriate State or Federal legislation. 31.2 The period of leave deducted is calculated in the same manner as outlined in Clause 30.4. 31.3 The employer may at the request of an employee grant the employee long service leave on half pay for a period not exceeding twice the period specified in the appropriate legislation. 32 JURY LEAVE 32.1 An employee who is required to attend for jury service during his or her normal duty time will be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the attendance for such jury service and the amount of AHPL Engineers Enterprise Agreement (2014) Page 32 of 39salary and allowances the employee would have received had the employee performed his or her normal duty. 32.2 An employee will notify his or her employer as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee will furnish proof to the employer ofthe employee's attendance for jury service, the duration of such attendance and the total remuneration received by the employee as a result of such attendance. 32.3 Where it can be ascertained that the employee's absence on jury leave will create a substantial negative impact on the employer's business, the employer may request on the employee's behalf the employee's excusal from such jury duty. Such request must be forwarded, together with the original jury duty request received by the employee, to the relevant statutory body requiring the employee's attendance for jury duty. 33 PERSONAL/CARERS LEAVE AND COMPASSIONATE LEAVE 33.1 Employees will accrue 10 days paid personal/carers leave each year. An Employee's entitlement to paid personal/carers leave accrues progressively according to the Employee's ordinary hours of work, and it accumulates from year to year. 33.2 Paid personal leave is available to an employee when the employee is absent due to; 33.2.1 personal illness or injury (sick leave); or 33.2.2 for the purposes of caring for an immediate family; or 33.2.3 household member that is sick and requires the employee's care and support (carer's leave). 33.3 In addition, up to 3 days paid compassionate leave per occasion is payable where a member of the employee's immediate family or household contracts/develops a personal illness, or sustains an injury, that poses a serious threat to life, or dies. 33.4 In any of the above circumstances, employees will be entitled to paid personal/carers leave and compassionate leave in accordance with the standards as outlined in the Fair Work Act 2009 as amended. 33.5 Subject to clause 33.6, a medical certificate is required for more than two consecutive day's absence. 33.6 An Employee will not be required to produce a medical certificate for the leave where the circumstances would make it unreasonable for the Employee to do so. In this case the Employee must provide the Employer with a statutory declaration or other form of reasonable evidence to the satisfaction of the Employer that substantiates the reason for the absence. 33.7 If no medical certificate or statutory declaration is provided then the period of leave will be processed as annual leave or leave without pay as directed by the employee. 33.8 The period of Personal/Carers Leave and Compassionate Leave deducted from accruals will be all days/hours off that the employee was rostered to work but did not work because of taking the leave. However, when a Touring Employee is on tour or rostered to tour and claims Personal/Carers Leave or compassionate leave, entitlement deductions will be based on a day for day basis only. That is, the employee will still be entitled to the corresponding Rostered Day(s) Off (Field Leave) in respect of that day and no additional deduction from the employee's paid leave balances will be incurred in respect of that field leave. -~-----· AHPL Engineers Enterprise Agreement (2014) Page 33 of39 salary and allowances the employee would have received had the employee performed his or her normal duty 32.2 An employee will notify his or her employer as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee will furnish proof to the employer of the employee's attendance for jury service, the duration of such attendance and the total remuneration received by the employee as a result of such attendance 32.3 Where it can be ascertained that the employee's absence on jury leave will create a substantial negative impact on the employer's business, the employer may request on the employee's behalf the employee's excusal from such jury duty. Such request must be forwarded, together with the original jury duty request received by the employee, to the relevant statutory body requiring the employee's attendance for jury duty. 33 PERSONAL/CARERS LEAVE AND COMPASSIONATE LEAVE 33.1 Employees will accrue 10 days paid personal/carers leave each year. An Employee's entitlement to paid personal/carers leave accrues progressively according to the Employee's ordinary hours of work, and it accumulates from year to year. 33.2 Paid personal leave is available to an employee when the employee is absent due to: 33.2.1 personal illness or injury (sick leave); or 33.2.2 for the purposes of caring for an immediate family; or 33.2.3 household member that is sick and requires the employee's care and support (carer's leave). 33.3 In addition, up to 3 days paid compassionate leave per occasion is payable where a member of the employee's immediate family or household contracts/develops a personal illness, or sustains an injury, that poses a serious threat to life, or dies. 33.4 In any of the above circumstances, employees will be entitled to paid personal/carers leave and compassionate leave in accordance with the standards as outlined in the Fair Work Act 2009 as amended. 33.5 Subject to clause 33.6, a medical certificate is required for more than two consecutive day's absence. 33.6 An Employee will not be required to produce a medical certificate for the leave where the circumstances would make it unreasonable for the Employee to do so. In this case the Employee must provide the Employer with a statutory declaration or other form of reasonable evidence to the satisfaction of the Employer that substantiates the reason for the absence. 33.7 If no medical certificate or statutory declaration is provided then the period of leave will be processed as annual leave or leave without pay as directed by the employee. 33.8 The period of Personal/Carers Leave and Compassionate Leave deducted from accruals will be all days/hours off that the employee was rostered to work but did not work because of taking the leave. However, when a Touring Employee is on tour or rostered to tour and claims Personal/Carers Leave or compassionate leave, entitlement deductions will be based on a day for day basis only. That is, the employee will still be entitled to the corresponding Rostered Day(s) Off (Field Leave) in respect of that day and no additional deduction from the employee's paid leave balances will be incurred in respect of that field leave. AHPL Engineers Enterprise Agreement (2014) Page 33 of 3934 PARENTALLEAVE Employees are entitled to maternity, paternity and adoption leave in accordance with the standards as outlined in the Fair Work Act 2009 as amended. AHPL Engineers Enterprise Agreement (2014) Page 34 of39 34 PARENTAL LEAVE Employees are entitled to maternity, paternity and adoption leave in accordance with the standards as outlined in the Fair Work Act 2009 as amended. AHPL Engineers Enterprise Agreement (2014) Page 34 of 39----------------------------·- -·-----··--- SCHEDULE 1 Base Salaries The salaries in this the Matrix Year 1 of this Schedule will be back paid to the beginning of the frrst pay period to commence on or after 6 March 2014. Matnx-Ycar 1 (3.5% increase) Cat 1 Gat 2 Years of service : 1 $41,912 $55,883 Year: 2 $43,170 $57,559 Year: 3 $44,465 $59,287 Year: 4 $45,799 $61,065 Year: 5 $47,173 $62,897 Year: 6 $48,588 $64,784 Year: 7 $50,045 $66,727 Year: 8 $51,547 $68,729 Year: 9 $53,093 $70,791 Year: 10 $54,686 $72,915 Year: 11 $56,327 $75,103 Year: 12 $58,017 $77,356 Year: 13 $59,757 $79,676 Year: 14 $61,549 $82,066 Year: 15 $63,396 $84,528 Daily Overtime Rate (touring roster) $465 $617 Over time rate per hour (Fixed base employee or touring roster exceeding average of 10.8 hours per day on tour) $53 $70 - · ------- --·· ·-··· --- - -------- AHPL Engineers Enterprise Agreement (2014) Cat3 $76,607 $78,905 $81,272 $83,710 $86,222 $88,808 $91,472 $94,216 $97,043 $99,954 $102,952 $106,042 $109,223 $112,499 $115,874 $707 $81 Page 35 of39 SCHEDULE 1 Base Salaries The salaries in this the Matrix Year 1 of this Schedule will be back paid to the beginning of the first pay period to commence on or after 6 March 2014. Matrix-Year 1 (3.5% increase) Cat 1 Cat 2 Cat 3 Years of service : 1 $41,912 $55,883 $76,607 Year: 2 $43,170 $57,559 $78,905 Year: 3 $44,465 $59,287 $81,272 Year: 4 $45,799 $61,065 $83,710 Year: 5 $47,173 $62,897 $86,222 Year: 6 $48,588 $64,784 $88,808 Year: 7 $50,045 $66,727 $91,472 Year: 8 $51,547 $68,729 $94,216 Year: 9 $53,093 $70,791 $97,043 Year: 10 $54,686 $72,915 $99,954 Year: 11 $56,327 $75,103 $102,952 Year: 12 $58,017 $77,356 $106,042 Year: 13 $59,757 $79,676 $109,223 Year: 14 $61,549 $82,066 $112,499 Year: 15 $63,396 $84,528 $115,874 Daily Overtime Rate (touring roster) $465 $617 $707 Over time rate per hour (Fixed base employee or touring roster exceeding average of 10.8 hours per day on tour) $53 $70 $81 AHPL Engineers Enterprise Agreement (2014) Page 35 of 39The salaries in this the Matrix Year 2 of this Schedule will commence from the beginning of the flrst pay period to commence on or after 6 March 2015 Matrix-Year 2 (3.5% mcrease) Cat 1 Years of service: 1 $43,379 Year: 2 $44,681 Year: 3 $46,021 Year: 4 $47,402 Year: 5 $48,824 Year: 6 $50,289 Year: 7 $51,797 Year: 8 $53,351 Year: 9 $54,952 Year: 10 $56,600 Year: 11 $58,298 Year: 12 $60,048 Year: 13 $61,848 Year: 14 $63,704 Year: 15 $65,615 Daily Overtime Rate (touring roster) $481 Over time rate per hour (Fixed base Employee or touring roster exceeding average of 10.8 hours per day on tour) $55 AHPL Engineers Enterprise Agreement (2014) Cat2 Cat3 $57,839 $79,288 $59,574 $81,667 $61,362 $84,117 $63,202 $86,640 $65,098 $89,239 $67,051 $91,916 $69,063 $94,674 $71,135 $97,514 $73,269 $100,439 $75,467 $103,452 $77,731 $106,556 $80,063 $109,753 $82,465 $113,045 $84,939 $116,437 $87,487 $119,930 $638 $732 $73 $84 Page 36 of39 The salaries in this the Matrix Year 2 of this Schedule will commence from the beginning of the first pay period to commence on or after 6 March 2015 Matrix-Year 2 (3.5% increase) Cat 1 Cat 2 Cat 3 Years of service: 1 $43,379 $57,839 $79,288 Year: 2 $44,681 $59,574 $81,667 Year: 3 $46,021 $61,362 $84,117 Year: 4 $47,402 $63,202 $86,640 Year: 5 $48,824 $65,098 $89,239 Year: 6 $50,289 $67,051 $91,916 Year: 7 $51,797 $69,063 $94,674 Year: 8 $53,351 $71,135 $97,514 Year: 9 $54,952 $73,269 $100,439 Year: 10 $56,600 $75,467 $103,452 Year: 11 $58,298 $77,731 $106,556 Year: 12 $60,048 $80,063 $109,753 Year: 13 $61,848 $82,465 $113,045 Year: 14 $63,704 $84,939 $116,437 Year: 15 $65,615 $87,487 $119,930 Daily Overtime Rate (touring roster) $481 $638 $732 Over time rate per hour (Fixed base Employee or touring roster exceeding average of 10.8 hours per day on tour) $55 $73 $84 AHPL Engineers Enterprise Agreement (2014) Page 36 of 39------------------- ------ The salaries in this the Matrix Year 3 of this Schedule will commence from the beginning of the flrst pay period to commence on or after 6 March 2016 Matrix-Year 3 (3.5% increase) Cat I Cat2 Cat3 Years of service: 1 $44,898 $59,863 $82,063 Year: 2 $46,245 $61,659 $84,525 Year: 3 $47,632 $63,510 $87,061 Year: 4 $49,061 $65,414 $89,672 Year: 5 $50,533 $67,377 $92,363 Year: 6 $52,049 $69,398 $95,134 Year: 7 $53,610 $71,480 $97,987 Year: 8 $55,219 $73,624 $100,927 Year: 9 $56,875 $75,833 $103,954 Year: 10 $58,581 $78,108 $107,073 Year: 11 $60,339 $80,452 $110,285 Year: 12 $62,149 $82,866 $113,595 Year: 13 $64,013 $85,351 $117,002 Year: 14 $65,933 $87,911 $120,512 Year: 15 $67,911 $90,549 $124,128 Daily Overtime Rate (touring roster) $498 $661 $757 Over time rate per hour (Fixed Base Employee or touring roster exceeding average of 10.8 hours per day on tour) $57 $75 $86 --·. . ·-·· -· - . -·· -·- - - ··- AHPL Engineers Enterprise Agreement (2014) Page 37 of39 The salaries in this the Matrix Year 3 of this Schedule will commence from the beginning of the first pay period to commence on or after 6 March 2016 Matrix-Year 3 (3.5% increase) Cat 1 Cat 2 Cat 3 Years of service: 1 $44,898 $59,863 $82,063 Year: 2 $46,245 $61,659 $84,525 Year: 3 $47,632 $63,510 $87,061 Year: 4 $49,061 $65,414 $89,672 Year: 5 $50,533 $67,377 $92,363 Year: 6 $52,049 $69,398 $95,134 Year: 7 $53,610 $71,480 $97,987 Year: 8 $55,219 $73,624 $100,927 Year: 9 $56,875 $75,833 $103,954 Year: 10 $58,581 $78,108 $107,073 Year: 11 $60,339 $80,452 $110,285 Year: 12 $62,149 $82,866 $113,595 Year: 13 $64,013 $85,351 $117,002 Year: 14 $65,933 $87,911 $120,512 Year: 15 $67,911 $90,549 $124,128 Daily Overtime Rate (touring roster) $498 $661 $757 Over time rate per hour (Fixed Base Employee or touring roster exceeding average of 10.8 hours per day on tour) $57 $75 $86 AHPL Engineers Enterprise Agreement (2014) Page 37 of 39SCHEDULE 2 BCE: Annual Allowances ~ BCEl: BCE2: Cert IV Yearl (3.5% increase) $14,529 $7,265 $3,633 , ' Year2 (3.5% J increase) l __ ., _ ___ , $15,038 $7,519 $3,760 Yem 3 (3.5% I ! mcrease) 1 $15,564 $7,782 $3,892 Workplace Trng $1,465 $1,516 $1,569 CASA Licenses $1,465 $1,516 $1,569 Weight Control $2,119 $2,193 $2,270 _______________ ,_ ____________ +-------------r-----------~ NDT $363 $376 $389 Hom Island $6,054 $6,266 $6,485 First Aid $1,090 $1,128 $1,167 :~ - .---- ·--------------'---------------'---------------' Occasional Allowances - .,·--·-·-- ---.--~------..----~~~---r------------. Unsuitable Accommodation Allowance {per night) Difficult Conditions Allowance {per shift) Stand by Allowance {per occasion) Third party work on non-fleet aircraft {per day or part thereof) $91 $91 $82 $108 $94 $98 $94 $98 $85 $88 $111 $115 The allowances in Year 1 of this Schedule will be back paid to the first pay period to commence on or after 6 March 2014, to employees who qualified for the particular allowance. The allowances in Year 2 and Year 3 of this Schedule will commence from the beginning of the first pay period to commence on or after 6 March 2015 and 6 March 2016 respectively , ___ ., ___ , ______ ·----- ·-----·--- - ·-- --·-·------,,- ----------- , __ AHPL Engineers Enterprise Agreement (2014) Page 38 of39 SCHEDULE 2 Year 1 Year 2 Year 3 Annual (3.5% (3.5% (3.5% Allowances increase) increase) increase) BCE: $14,529 $15,038 $15,564 BCE1: $7,265 $7,519 $7,782 BCE 2: $3,633 $3,760 $3,892 Cert IV Workplace Trng $1,465 $1,516 $1,569 CASA Licenses $1,465 $1,516 $1,569 Weight Control $2,119 $2,193 $2,270 NDT $363 $376 $389 Horn Island $6,054 $6,266 $6,485 First Aid $1,090 $1,128 $1,167 Occasional Allowances Unsuitable Accommodation Allowance (per night) $91 $94 $98 Difficult Conditions Allowance (per shift) $91 $94 $98 Stand by Allowance (per occasion) $82 $85 $88 Third party work on non-fleet aircraft (per day or part thereof) $108 $111 $115 The allowances in Year 1 of this Schedule will be back paid to the first pay period to commence on or after 6 March 2014, to employees who qualified for the particular allowance. The allowances in Year 2 and Year 3 of this Schedule will commence from the beginning of the first pay period to commence on or after 6 March 2015 and 6 March 2016 respectively AHPL Engineers Enterprise Agreement (2014) Page 38 of 39SIGNATURES This Enterprise Agreement is made with the agreement of the parties nominated hereunder (namely Australian Helicopters Pty Ltd -"the company" and the Australian Lieonc:ed Aircraft Engineers Association- "the Union") and confirmed by the signatures of the authorised represm1Btives oftbo compiiD)' and the Union. For and on behalf of Australian Helicopters Ply Ltd ("the companyj Signed: . Date: ... 1.1 .. ~.~ .. ~~~ ... ............... Date: ..... /.'-. .. V.::.~~-~!1: ..... . David Donaldson General Manager Australian Holicoptets Pty Ltd Level 1, 1 Abbotsford Road Bowen Hilts QLD 4006 For and on behalf of the Australian Licensed Aircraft Engineers Association ("ibe Union") Signed: .. ~~::.: ............ ..... Witness: ... ..... ..h:: ... ............. . Date: .. ~!. .. ~::.:.:.-:. ... ~.~.:.'t .... Date: ... ..... ~?./':/~c:_(.t ......... Noel Speers National Industrial Officer Australian Licerucd Aircraft &gjneers Assooiation 2S Stoney Creek Road Bexley NSW 2207 AHPL Engineers Enterprise Agreement (20 14) Pagc39 of39 .. h ·; ,! r I I i i i· i l· SIGNATURES This Enterprise Agreement is made with the agreement of the parties nominated hereunder (namely Australian Helicopters Pty Ltd - "the company" and the Australian Licenced Aircraft Engineers Association - "the Union") and confirmed by the signatures of the authorised representatives of the company and the Union. For and on behalf of Australian Helicopters Pty Ltd ("the company") Signed: :.. Witness: Date: 19 JUNE 2014 Date: 19 JUNE 2014 David Donaldson General Manager Australian Helicopters Pty Ltd Level 1, 1 Abbotsford Road Bowen Hills QLD 4006 For and on behalf of the Australian Licensed Aircraft Engineers Association ("the Union") Signed: NEST .. Witness: . -- Date: . 23 Junio 2014 .. Date; . 23/6/2014 Noel Speers National Industrial Officer Australian Licensed Aircraft Engineers Association 25 Stoney Creek Road Bexley NSW 2207 AHPL Engineers Enterprise Agreement (2014) Page 39 of 39