ONRSR Enterprise Agreement 2021-2025

1

Fair Work Act 2009 
s.185—Enterprise agreement

Office of the National Rail Safety Regulator (ONRSR)
(AG2021/6330)

ONRSR ENTERPRISE AGREEMENT 2021-2025

Clerical industry

COMMISSIONER PLATT ADELAIDE, 5 AUGUST 2021

Application for approval of the ONRSR Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the 
ONRSR Enterprise Agreement 2021-2025 (the Agreement) pursuant to s.185 of the Fair Work 
Act 2009 (the Act) by Office of the National Rail Safety Regulator (ONRSR) (the Applicant). 
The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 July 2021. 

[3] On 3 August 2021, I conducted a telephone conference with the parties to seek 
clarification about aspects of the Agreement and invited the Applicant to address these 
matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 3 August 2021. 
The undertaking deals with the following topics:

 Despite clause 5.4.6, an employee will be required to give notice of personal leave as 
soon as reasonably practicable, which may be at a time after the leave has 
commenced.  

 The notice of termination provision in clause 7.3 will be applied in accordance with 
s.117 of the Act. 

 Casual employees will have a minimum engagement of three hours.

 Part time employees will have a minimum engagement of three hours.

 Employees will have a minimum engagement of four hours when working on public 
holidays. 

[2021] FWCA 4740

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission




 



[2021] FWCA 4740

2

 Clause 7.1.5 will not apply, and the model dispute settlement term will apply for 
disputes concerning termination of employment. 

[5] A copy of the undertaking has been provided to the bargaining representatives and I 
have sought their views in accordance with s.190(4) of the Act. The CPSU, Community and 
Public Sector Union (CPSU) emailed my Chambers expressing concern about the application 
of the model dispute settlement term and requesting confirmation from the Applicant that the 
undertaking was in respect of disputes concerning termination of employment only. The 
Applicant confirmed this position in reply email.   

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have 
accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a flexibility term which meets the requirements of 
s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] The CPSU, 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.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as 
are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
7 days after the date of approval of the Agreement. The nominal expiry date is 1 June 2025. 

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

AE512600  PR732454


MMISSION THE SEAL OF THE




 



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national rail 
safety regulator 

Office of the National Rail 
Safety Regulator (ONRSR) 

Enterprise Agreement 2021-2025 


OFFICE OF THE national rail safety regulator Office of the National Rail Safety Regulator (ONRSR) Enterprise Agreement 2021-2025 safe railways for Australia




 

Parnis
Undertaking

Parnis
Flexibility



Document control 

Objective ID: A1135947 

Version number: For Fair Work Approval 

Approved by: 

Date approved: 8 July 2021 by employees -

Office of the National Rail Safety Regulator 

Level 1, 75 Hindmarsh Square, Adelaide SA 5000 

PO Box 3461, Rundle Mall, Adelaide SA 5000 

Phone: 08 8406 1500 

Fax: 08 8406 1501 

E: 

W: 

contact@onrsr.com.au 

www.onrsr.com .au 

W www.twitter.com/ONRSRAustralia 

safe railways for Australia 

--
-

Office of the National Rail Safety Regulator 
Enterprise Agreement 2021-2025 

Page 2 of 47 


Document control Objective ID: A1135947 Version number: For Fair Work Approval Approved by: Date approved: 8 July 2021 by employees Office of the National Rail Safety Regulator Level 1, 75 Hindmarsh Square, Adelaide SA 5000 PO Box 3461, Rundle Mall, Adelaide SA 5000 Phone: 08 8406 1500 Fax: 08 8406 1501 E: contact@onrsr.com.au W: www.onrsr.com.au www.twitter.com/ONRSRAustralia safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 2 of 47




 



Enterprise Agreement 
Definitions ........ ... ............. .......... ... ... .. ..... .... .... .......... .... .......... ... ... ... ...... ...................... .. .. 6 

1 About this Agreement ...................................... .......................................... .. 8 

1.1 Title and operation of the agreement .... ... .... ...... ....... ... .... .. .... .... .... ...... ..... .. .............. 8 

1.2 Purpose ....... ....................................... ... ....... ................ ... ... .. ...... ... ...... ................ ... .. 8 

1.3 Coverage ..... .. ................................ .. ..... ... ..... ... ... ...... ....... ........... .. ...................... ...... 8 

1.4 Unintended consequences .................... ......... ....... ....... ............... .... ................. .. ... .. . 8 

1.5 National Employment Standards (NES) ...... ............. .... .. .. ... ..... .... ...... .. ....... .... .......... 8 

1.6 Access to the agreement .................... .. .... ....... .... ... ...... ... ....... .... ... ..... ... ......... .... ..... . 9 

1. 7 Flexibility term .................................... ... ............ .. .... ........ ... ........ .... .................. ....... . 9 

2 Welcome to ON RSR .................................................................................... 10 

2.1 Contract of employment .. ... .......... .............. ........ ... .................................. ............ ... 10 

2.2 Permanent employment ... ... ..... .......... ..... .. ......... .... ...... ................. .. ... ..... ...... .. ...... . 10 

2.3 Temporary employment. .. .. ..... ............ ... .. ..... ....... .......... .... ....... ..... .......... .. ... ...... .. .. 10 

2.4 Casual employment. ............................. .. ............... .......... ... ... .... .... ..... ................... . 10 

2.5 Part time employment.. ................. ..... ...... ..... ...... ... ... ........ ..................................... . 10 

2.6 Conversion of employment ... ..... ... ........... ....... ...... ..... ...... .... ...... ..... .. ... ............ .... .. . 11 

2. 7 Probation and confirmation .. ......................... ... .. .. ..... ....... ... ..... .... ... ..... ........ ...... : .... 11 

3 Hours of work and related matters ............................................................ 11 

3.1 Hours of work .... .................................... ..... .. ... .......................................... ....... ..... . 11 

3.2 Workload ..... ... .. ... ...... .... ...... .... .... .... .. .. .... ..... ... ..... .. .. .... ... ... ..... ....... .. .. ..... ... .. ....... ... 12 

3.3 Flexitime ...... ...... ................ .. ... ..... .... .. ... .. ... ........ .... .......... ... ..... ...... .. ... .... .... .......... .. 12 

3.4 Overtime ...... .................................... ..... ......... .......... ....... .... ... ... .. .. .... ..... ................ . 13 

3.5 Time off in lieu of overtime (TOIL) ......................... .... ........... ........... ......... .......... ... . 13 

3.6 Excess travelling time ................................... .... .. ... ...... ........ .. ....... ... ...... ...... ..... ...... 14 

3. 7 Public holidays ........................................... ..... ..... ....... .... ....... ... .. ...... ................ .. ... 14 

4 Remuneration, allowances and reimbursements ................... ................. 14 

4.1 Rates of pay ............................................................................. ... ... ... ........... ...... .... 14 

4.2 Salary increases .................................................................... .............. ....... ...... ...... 15 

4.3 Payment of salaries ........ .................................................. ........ ......... .... ... .... .... ...... 15 

4.4 Superannuation and salary sacrifice ............................... .... .... ...... ............. ........ .. ... 15 

4.5 Higher duties allowance ........ ......................... .. .............. ..... ................................... 15 

4.6 Duty officer allowance ..... ...................... ........ .... .... ....... ..... ..... ...... ........ ... .... .... ....... 15 

4.7 First aid allowance .......... .. ... .. ...... .. .. .... .... ........... ........ ........... ...... .. .. ........ ......... ...... 16 

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Enterprise Agreement Definitions. 6 1 About this Agreement 8 1.1 Title and operation of the agreement. 8 1.2 Purpose 8 1.3 Coverage 8 1.4 Unintended consequences 8 1.5 National Employment Standards (NES) 8 1.6 Access to the agreement 9 1.7 Flexibility term 9 2 Welcome to ONRSR. 10 2.1 Contract of employment 10 2.2 Permanent employment 10 2.3 Temporary employment. 10 2.4 Casual employment. 10 2.5 Part time employment ... 10 2.6 Conversion of employment 11 2.7 Probation and confirmation. 11 3 Hours of work and related matters. 11 3.1 Hours of work 11 3.2 Workload 12 3.3 Flexitime 12 3.4 Overtime 13 3.5 Time off in lieu of overtime (TOIL) 13 3.6 Excess travelling time 14 3.7 Public holidays 14 4 Remuneration, allowances and reimbursements 14 4.1 Rates of pay 14 4.2 Salary increases 15 4.3 Payment of salaries 15 4.4 Superannuation and salary sacrifice 15 4.5 Higher duties allowance 15 4.6 Duty officer allowance 15 4.7 First aid allowance 16 safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 3 of 47




 



4.8 Use of private motor vehicle for work purposes ..... .... ......... ... ... .................. .... .. ..... . 16 

4.9 Travelling expenses ........................................................................... .. .. ................. 17 

5 Leave ............................................................................................................ 17 

5.1 Annual leave ............................ ................................ ............................... .... ....... .... 17 

5.2 Cashing out Annual Leave ........ .... ....... .............. ....... ........... ............ ... .. .... ............. 18 

5.3 Purchased leave ........................................................ ................ .. .... ................ ....... 19 

5.4 Personal leave ............. ...... .. .............................. ............................... ........ ........... ... 19 

5.5 Long service leave ............. ... ...... ............... .... ........... ... .. .. .................... ....... ... ........ 20 

5.6 Parental leave ........... .... ........... ... .... ...... .............................................................. ... 20 

5. 7 Compassionate leave .............................................................................. ....... ..... ... 22 

5.8 Special leave with pay ........................ ... ...... ......................................... ............. ..... 23 

5.9 Community service leave .................. .... .. ........... ... ................ .... ......... ........ ... .... .... . 24 

5.10 Attendance in court as a witness .. ....... .... .. .................................... ........ .... .......... 24 

5.11 Blood donor's leave ....................... ............. ........ ........ .............. .. .. ...................... 24 

5.12 Defence reserve leave ...................... ............ .. ..... .. ....... .. ................................... . 25 

5.13 Disability resulting from war service ...... ...... .............. .... ........ ....... ....................... 25 

5.14 Elite athletes .................................. ............. .... ..... .................... ...... ..................... 26 

5.15 Trade union training ................................................................................ ... ......... 26 

5.16 Study leave ......... ............ .................................................................................... 26 

5.17 Annual Christmas close down ............... ......... .... .. .... ........... ... ................ ... .... ...... 27 

6 ONRSR commitments ................................................................................. 28 

6.1 Balancing work and life ............ .......................... .. .. ..... ...... .... .................................. 28 

6.2 Work Health and Safety ............ ............................................ ... ............ ................... 28 

6.3 Performance management and development.. ......................... ...... ...... .................. 29 

6.4 Major Change ............. ............ .. .... ....... .... ....... ........... .... ......................................... 29 

6.5 Relocation of Employees to another workplace ............................................ .. ... ..... 31 

6.6 Joint Consultative Committee ........................... ........ ............. ....... .... .. .................... 31 

6.7 Dispute resolution ......................... ......... ............................. .......... .................. ... ... .. 32 

6.8 Freedom of association ........ ...... .. .... .. .... ... ... ........ .................................................. 33 

6.9 Union rights ... ................................................. .... ................. .. ...... .. ......................... 33 

7 Leaving ONRSR .......................................................................................... 34 

7 .1 Termination of employment and notice .............. ..... ......... ........................ .......... ..... 34 

7.2 Resignation by the employee ....... ............... .......... ................................................. 34 

7.3 Abandonment of employment.. ............................. .......................................... ...... .. 34 

7.4 Employee reductions, redeployment, redundancy .................................................. 34 

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4.8 Use of private motor vehicle for work purposes ... 16 4.9 Travelling expenses 17 5 Leave 17 5.1 Annual leave 17 5.2 Cashing out Annual Leave 18 5.3 Purchased leave 19 5.4 Personal leave 19 5.5 Long service leave 20 5.6 Parental leave 20 5.7 Compassionate leave 22 5.8 Special leave with pay 23 5.9 Community service leave 24 5.10 Attendance in court as a witness 24 5.11 Blood donor's leave 24 5.12 Defence reserve leave 25 5.13 Disability resulting from war service 25 5.14 Elite athletes 26 5.15 Trade union training. 26 5.16 Study leave. 26 5.17 Annual Christmas close down 27 6 ONRSR commitments 28 6.1 Balancing work and life. 28 6.2 Work Health and Safety. 28 6.3 Performance management and development 29 6.4 Major Change. 29 6.5 Relocation of Employees to another workplace 31 6.6 Joint Consultative Committee 31 6.7 Dispute resolution. 32 6.8 Freedom of association 33 6.9 Union rights 33 7 Leaving ONRSR 34 7.1 Termination of employment and notice 34 7.2 Resignation by the employee 34 7.3 Abandonment of employment. 34 7.4 Employee reductions, redeployment, redundancy 34 safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 4 of 47




 



7.5 Consultation process ............................... ...... ...... .. ... ....... ............ .... .... .... ... ..... ....... 35 

7.6 Assistance with career transition ....... ........ ... .... ............... .... .... ....... .. .... ..... .... .. ....... 35 

7. 7 Redeployment to another position ..... .. ..... .... .... ... .. ... ... .... ............................ .. ......... 35 

7 .8 Severance pay ................................... .................. ... .. ....... ... ..... .... ....... ......... ...... ... . 36 

Formal acceptance of Agreement .......... ... ..... ............. .......... .......... ... ... ...... ...... ............. 37 

Schedule A - Classifications and salary levels ........... ..... .... .... ... .................. ... .............. 38 

Schedule B - Classifications and work level definitions ............. ... .... ... ... .. ..................... . 40 

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7.5 Consultation process 35 7.6 Assistance with career transition 35 7.7 Redeployment to another position 35 7.8 Severance pay 36 Formal acceptance of Agreement 37 Schedule A - Classifications and salary levels 38 Schedule B - Classifications and work level definitions 40 safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 5 of 47




 



Action includes a refusal or failure to act or omission. 

Agreement means ONRSR Enterprise Agreement- 2021-2025. 

Anniversary date means the date in each calendar year that corresponds with the date on 
which an employee commenced employment with ONRSR. 

ATO means Australian Taxation Office. 

Bandwidth means the span of working hours. 

Community service leave means a period of leave to which an employee is entitled to engage 
in an eligible community service activity including reasonable travelling time associated with the 
activity and for reasonable rest time immediately following the activity. 

Consultation means the sharing of information and exchange of views between the parties and 
provides employees with the genuine opportunity to contribute effectively to decisions which are 
likely to have a significant effect on their employment. It provides employees with the 
opportunity to have their viewpoints heard and taken into consideration prior to a decision being 
made. 

Eligible means to satisfy the appropriate conditions. 

Eligible sport means those sports which are listed on the program for the next Olympic, 
Paralympic or Commonwealth Games. 

Elite athlete is an athlete who has been selected for participation in an eligible sport. 

Employee means an employee of ONRSR covered by this Agreement (includes permanent, 
temporary or casual, whether full-time or part time) but does not include an Executive 
employee. 

Employee representative means someone who represents an employee or group of 
employees. 

Executive employee means an employee in any of the following positions: 

a) the Chief Executive/Regulator or National Rail Safety Regulator appointed under the Rail 
Safety National Law; 

b) a Non-Executive Member of ONRSR appointed under the Rail Safety National Law; 

c) an Executive Director. 

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

Foster Care (Long Term) is that which is a formal fostering arrangement of 12 months or more 
and is supported by evidence. 

Gender Transition means that you identify as transgender (in that your gender identity does 
not match your birth sex) and you wish to adopt a gender identity that is different to your birth 
sex. This is sometimes referred to 'affirming' their gender. This may occur through medical, 
social or legal changes). 

Immediate family or household of an employee means: 

a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the 
employee; or 

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Action includes a refusal or failure to act or omission. Agreement means ONRSR Enterprise Agreement - 2021-2025. Anniversary date means the date in each calendar year that corresponds with the date on which an employee commenced employment with ONRSR. ATO means Australian Taxation Office. Bandwidth means the span of working hours. Community service leave means a period of leave to which an employee is entitled to engage in an eligible community service activity including reasonable travelling time associated with the activity and for reasonable rest time immediately following the activity. Consultation means the sharing of information and exchange of views between the parties and provides employees with the genuine opportunity to contribute effectively to decisions which are likely to have a significant effect on their employment. It provides employees with the opportunity to have their viewpoints heard and taken into consideration prior to a decision being made. Eligible means to satisfy the appropriate conditions. Eligible sport means those sports which are listed on the program for the next Olympic, Paralympic or Commonwealth Games. Elite athlete is an athlete who has been selected for participation in an eligible sport. Employee means an employee of ONRSR covered by this Agreement (includes permanent, temporary or casual, whether full-time or part time) but does not include an Executive employee. Employee representative means someone who represents an employee or group of employees. Executive employee means an employee in any of the following positions: a) the Chief Executive/Regulator or National Rail Safety Regulator appointed under the Rail Safety National Law; b) a Non-Executive Member of ONRSR appointed under the Rail Safety National Law; c) an Executive Director. Fair Work Act means the Fair Work Act 2009 (Cth). Foster Care (Long Term) is that which is a formal fostering arrangement of 12 months or more and is supported by evidence. Gender Transition means that you identify as transgender (in that your gender identity does not match your birth sex) and you wish to adopt a gender identity that is different to your birth sex. This is sometimes referred to 'affirming' their gender. This may occur through medical, social or legal changes). Immediate family or household of an employee means: a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; or safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 6 of 47




 



b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the 
employee. 

National Employment Standards means the National Employment Standards as set out in 
Part 2-2 of the Fair Work Act. 

ONRSR means the Office of the National Rail Safety Regulator established under section 16 of 
the Rail Safety National Law which is the employer for this Agreement. 

Permissible occasion means when a member of the employee's immediate family, or a 
member of the employee's household: 

a) contracts or develops a personal illness that poses a serious threat to his or her life; or 

b) sustains a personal injury that poses a serious threat to his or her life; or 

c) dies. 

Primary carer means an employee who has primary responsibility for a child, children or a 
dependant and is required to provide primary care for those dependants. 

Rail Safety National Law means the Rail Safety National Law set out in the Schedule to the 
Rail Safety National Law (South Australia) Act 2012 or the Rail Safety National Law (WA) Act 
2015. 

Relevant employees means any employees who may be affected by the proposed change. 

Relevant manager means the person to whom ONRSR has delegated a relevant function or 
power. 

Reasonable means as much as is appropriate or fair. 

Senior Manager means a manager whose role has specific responsibility and accountability for 
an ONRSR function or a series of ONRSR functions and that responsibility would warrant 
classification above the Level 7 for non-regulatory employees and MRSO for regulatory 
employees. 

Serious misconduct means conduct which may include but is not limited to: 

a) willful or deliberate behaviour by an employee that is inconsistent with the continuation of 
the contract of employment; 

b) conduct that causes serious and imminent risk to: 

(i) the health or safety of a person; or 

(ii) the reputation, viability or profitability of the employer's business.; 

c) the employee, in the course of the employee's employment, engaging in: 

(i) theft; or 

(ii) fraud; or 

(iii) assault; 

d) the employee being intoxicated at work; 

e) the employee refusing to carry out a lawful and reasonable instruction that is consistent 
with the employee's contract of employment; 

f) conviction by a court for an offence. 

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b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee. National Employment Standards means the National Employment Standards as set out in Part 2-2 of the Fair Work Act. ONRSR means the Office of the National Rail Safety Regulator established under section 16 of the Rail Safety National Law which is the employer for this Agreement. Permissible occasion means when a member of the employee's immediate family, or a member of the employee's household: a) contracts or develops a personal illness that poses a serious threat to his or her life; or b) sustains a personal injury that poses a serious threat to his or her life; or c) dies. Primary carer means an employee who has primary responsibility for a child, children or a dependant and is required to provide primary care for those dependants. Rail Safety National Law means the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 or the Rail Safety National Law (WA) Act 2015. Relevant employees means any employees who may be affected by the proposed change. Relevant manager means the person to whom ONRSR has delegated a relevant function or power. Reasonable means as much as is appropriate or fair. Senior Manager means a manager whose role has specific responsibility and accountability for an ONRSR function or a series of ONRSR functions and that responsibility would warrant classification above the Level 7 for non-regulatory employees and MRSO for regulatory employees. Serious misconduct means conduct which may include but is not limited to: a) willful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment; b) conduct that causes serious and imminent risk to: (i) the health or safety of a person; or (ii) the reputation, viability or profitability of the employer's business .; c) the employee, in the course of the employee's employment, engaging in: (i) theft; or (ii) fraud; or (iii) assault; the employee being intoxicated at work; e) the employee refusing to carry out a lawful and reasonable instruction that is consistent with the employee's contract of employment; f) conviction by a court for an offence. safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 7 of 47




 



Voluntary emergency management activity means a voluntary activity that an employee 
engages in which involves responding to or dealing with an emergency or natural disaster. The 
employee is a member of, or has a member like association with, a recognised emergency 
management body, such as fire-fighting, civil defence or rescue body or any other body, a 
substantial purpose of which, involves securing the safety of persons and animals and 
protecting property. 

This section contains some of the technical requirements prescribed by the Fair Work Act and 
detail to provide clarity around how the Agreement will operate. 

1.1 Title and operation of the agreement 

1.1.1 This Agreement is made under section 172 of the Fair Work Act and will be known as 
ONRSR Enterprise Agreement 2021-2025 (Agreement). It will commence operation 7 
days after approval by the Fair Work Commission and will nominally expire on 1 June 
2025. 

1.1.2 The parties covered by this Agreement undertake to commence negotiations for a new 
Enterprise Agreement no later than 3 months prior to the nominal expiry date of this 
Agreement. 

1.1.3 A list of definitions is included at the start of this Agreement. 

1.2 Purpose 

The purpose of this Agreement is to set out terms and conditions of employment for the 
employees covered by the Agreement. 

1.3 Coverage 

1.3.1 In accordance with section 53 of the Fair Work Act, this Agreement covers the following 
parties: 

(a) the Office of the National Rail Safety Regulator (ONRSR); 

(b) all employees of ONRSR, other than Executive employees; 

(c) the Community and Public Sector Union (CPSU) so long as the CPSU complies 
with the requirements of section 183 of the Fair Work Act. 

1.4 Unintended consequences . 

1.4.1 The parties to this Agreement recognise that this Agreement may result in unintended 
consequences. The parties to this Agreement agree to consult and work cooperatively to 
resolve these consequences whenever they arise. 

1.4.2 Where a matter which has been the subject of discussions pursuant to clause 1.4.1 is 
not agreed at the workplace level, ONRSR or any affected employee may refer the 
matter for dispute resolution in accordance with the procedure in clause 6.7. 

1.5 National Employment Standards (NES) 

This Agreement will be read and interpreted in conjunction with the National Employment 
Standards. Where there is an inconsistency between this agreement and the National 
Employment Standards, and the National Employment Standards provides a greater benefit, the 
National Employment Standards provision will apply to the extent of the inconsistency. 

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Voluntary emergency management activity means a voluntary activity that an employee engages in which involves responding to or dealing with an emergency or natural disaster. The employee is a member of, or has a member like association with, a recognised emergency management body, such as fire-fighting, civil defence or rescue body or any other body, a substantial purpose of which, involves securing the safety of persons and animals and protecting property. This section contains some of the technical requirements prescribed by the Fair Work Act and detail to provide clarity around how the Agreement will operate. 1.1 Title and operation of the agreement 1.1.1 This Agreement is made under section 172 of the Fair Work Act and will be known as ONRSR Enterprise Agreement 2021-2025 (Agreement). It will commence operation 7 days after approval by the Fair Work Commission and will nominally expire on 1 June 2025. 1.1.2 The parties covered by this Agreement undertake to commence negotiations for a new Enterprise Agreement no later than 3 months prior to the nominal expiry date of this Agreement. 1.1.3 A list of definitions is included at the start of this Agreement. 1.2 Purpose The purpose of this Agreement is to set out terms and conditions of employment for the employees covered by the Agreement. 1.3 Coverage 1.3.1 In accordance with section 53 of the Fair Work Act, this Agreement covers the following parties: (a) the Office of the National Rail Safety Regulator (ONRSR); (b) all employees of ONRSR, other than Executive employees; (c) the Community and Public Sector Union (CPSU) so long as the CPSU complies with the requirements of section 183 of the Fair Work Act. 1.4 Unintended consequences 1.4.1 The parties to this Agreement recognise that this Agreement may result in unintended consequences. The parties to this Agreement agree to consult and work cooperatively to resolve these consequences whenever they arise. 1.4.2 Where a matter which has been the subject of discussions pursuant to clause 1.4.1 is not agreed at the workplace level, ONRSR or any affected employee may refer the matter for dispute resolution in accordance with the procedure in clause 6.7. 1.5 National Employment Standards (NES) This Agreement will be read and interpreted in conjunction with the National Employment Standards. Where there is an inconsistency between this agreement and the National Employment Standards, and the National Employment Standards provides a greater benefit, the National Employment Standards provision will apply to the extent of the inconsistency. safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 8 of 47




 



1.6 Access to the agreement 

All employees, including all new employees upon engagement with ONRSR, will have access to 
this Agreement on ONRSR intranet. 

1. 7 Flexibility term 

1. 7 .1 ONRSR and employees covered by this Agreement may agree to make an individual 
flexibility arrangement to vary the effect of terms of the Agreement if: 

(a) the Agreement deals with 1 or more of the following matters: 

(i) arrangements about when work is performed; 

(ii) overtime rates; and/or 

(iii) allowances; 

(b) the arrangement meets the genuine needs of ONRSR and employee in relation 
to 1 or more of the matters mentioned in paragraph (a); and 

(c)the arrangement is agreed to by ONRSR and employee. 

1.7.2 When ONRSR intends to reach any individual flexibility arrangement under this 
Agreement, ONRSR must inform in writing any union(s) covered by this Agreement of 
ONRSR's intent to enter such an arrangement, at least 7 days prior to entering that 
arrangement. When informing the union(s) under this sub-clause, ONRSR must: 

(a) include details of the term(s) of the Agreement, and which classification of 
employees are proposed to be subject to such an arrangement; and 

(b) not disclose the name of any employee who ONRSR proposes to be subject to 
the individual flexibility arrangement, without the consent of that employee. 

1. 7 .3 ONRSR must ensure that the individual flexibility arrangement: 

(a) is about permitted matters under section 172 of the Fair Work Act; 
(b) does not contain a term that is an unlawful term under section 194 of the Fair 

Work Act; 
(c) results in the employee being better off overall than the employee would be if no 

arrangement were made; 
(d) is in writing; 
(e) includes the name of ONRSR and employee; 

(f) is signed by ONRSR the employee and (if the employee is under 18 years of 
age) a parent or guardian of the employee; and 

(g) includes details of: 

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

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

(iii) how the employee will be better off overall in relation to the terms and 
conditions of their employment as a result of the arrangement; and 

(iv) the day on which the arrangement commences. 

1. 7.4 ONRSR must give the employee a copy of the individual flexibility arrangement within 14 
days after it is agreed to. 

1. 7 .5 ONRSR or the employee may terminate the individual flexibility arrangement: 

(a) by giving no less than 28 days written notice to the other party to the 
arrangement; or 

(b) if ONRSR and the employee agree in writing - at any time. 

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1.6 Access to the agreement All employees, including all new employees upon engagement with ONRSR, will have access to this Agreement on ONRSR intranet. 1.7 Flexibility term 1.7.1 ONRSR and employees covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the Agreement deals with 1 or more of the following matters: (1) arrangements about when work is performed; (ii) overtime rates; and/or (iii) allowances; (b) the arrangement meets the genuine needs of ONRSR and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c)the arrangement is agreed to by ONRSR and employee. 1.7.2 When ONRSR intends to reach any individual flexibility arrangement under this Agreement, ONRSR must inform in writing any union(s) covered by this Agreement of ONRSR's intent to enter such an arrangement, at least 7 days prior to entering that arrangement. When informing the union(s) under this sub-clause, ONRSR must: (a) include details of the term(s) of the Agreement, and which classification of employees are proposed to be subject to such an arrangement; and (b) not disclose the name of any employee who ONRSR proposes to be subject to the individual flexibility arrangement, without the consent of that employee. 1.7.3 ONRSR must ensure that the individual flexibility arrangement: ) is about permitted matters under section 172 of the Fair Work Act; (b) does not contain a term that is an unlawful term under section 194 of the Fair Work Act; (c) results in the employee being better off overall than the employee would be if no arrangement were made; (d) is in writing; (e) includes the name of ONRSR and employee; (f) is signed by ONRSR the employee and (if the employee is under 18 years of age) a parent or guardian of the employee; and (g) includes details of: (i) the terms of the enterprise Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of those terms; (iii) how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (iv) the day on which the arrangement commences. 1.7.4 ONRSR must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 1.7.5 ONRSR or the employee may terminate the individual flexibility arrangement: (a) by giving no less than 28 days written notice to the other party to the arrangement; or (b) if ONRSR and the employee agree in writing - at any time. safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 9 of 47




 



This section contains information about the contract of employment, types of employment, 
conversion of employment and the first 6 months of employment. 

2.1 Contract of employment 

2.1.1 Employees will be engaged full time or part time by ONRSR on 1 of the following basis: 

(a) Permanent; 

(b) Temporary; or 

(c) Casual. 

2.1.2 ONRSR will, at the time of engagement, provide each employee with the terms and 
conditions of their employment in writing. 

2.2 Permanent employment 

2.2.1 Permanent employment refers to an employee who has ongoing employment with 
ONRSR. 

2.3 Temporary employment 

2.3.1 Temporary employment refers to employment for a fixed term that either expires after a 
set duration or through the completion of a particular task or project. 

2.3.2 A temporary employee will not ordinarily be engaged for a period of longer than 2 years. 

2.3.3 Where ONRSR makes the decision to offer further temporary employment following the 
expiry of a period of temporary employment, the further employment will be offered to 
the position holder, provided that they were employed through a competitive selection 
process and their performance in the position has been satisfactory. 

2.3.4 Where ONRSR makes the decision not to extend a temporary position beyond its expiry 
date, the position holder will be advised in writing no later than 4 weeks before the expiry 
date. 

2.4 Casual employment 

2.4.1 Casual employment refers to an employee engaged on the basis that ONRSR makes no 
firm advance commitment to continuing and indefinite work according to an agreed 
pattern of work. 

2.4.2 Employees engaged on a casual basis by ONRSR will be paid a loading of 25% which 
will be compensation for the nature of the work and in lieu of all entitlements to paid 
leave (other than long service leave), public holidays, notice of termination and 
redundancy benefits in this Agreement. 

2.5 Part time employment 

2.5.1 Part time employment refers to an employee engaged on less than the normal weekly 
ordinary hours. 

2.5.2 At the time of engagement, ONRSR and the employee will agree in writing on the 
arrangements for part time work. They will agree on the regular pattern of work, 
specifying the number of hours to be worked each day, which days of the week the 
employee will work, and the start and finish times. 

2.5.3 All salary and entitlements are paid on a pro-rata basis calculated by reference to the 
percentage of time worked. 

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This section contains information about the contract of employment, types of employment, conversion of employment and the first 6 months of employment. 2.1 Contract of employment 2.1.1 Employees will be engaged full time or part time by ONRSR on 1 of the following basis: (a) Permanent; (b) Temporary; or (c) Casual. 2.1.2 ONRSR will, at the time of engagement, provide each employee with the terms and conditions of their employment in writing. 2.2 Permanent employment 2.2.1 Permanent employment refers to an employee who has ongoing employment with ONRSR. 2.3 Temporary employment 2.3.1 Temporary employment refers to employment for a fixed term that either expires after a set duration or through the completion of a particular task or project. 2.3.2 A temporary employee will not ordinarily be engaged for a period of longer than 2 years. 2.3.3 Where ONRSR makes the decision to offer further temporary employment following the expiry of a period of temporary employment, the further employment will be offered to the position holder, provided that they were employed through a competitive selection process and their performance in the position has been satisfactory. 2.3.4 Where ONRSR makes the decision not to extend a temporary position beyond its expiry date, the position holder will be advised in writing no later than 4 weeks before the expiry date. 2.4 Casual employment 2.4.1 Casual employment refers to an employee engaged on the basis that ONRSR makes no firm advance commitment to continuing and indefinite work according to an agreed pattern of work. 2.4.2 Employees engaged on a casual basis by ONRSR will be paid a loading of 25% which will be compensation for the nature of the work and in lieu of all entitlements to paid leave (other than long service leave), public holidays, notice of termination and redundancy benefits in this Agreement. 2.5 Part time employment 2.5.1 Part time employment refers to an employee engaged on less than the normal weekly ordinary hours. 2.5.2 At the time of engagement, ONRSR and the employee will agree in writing on the arrangements for part time work. They will agree on the regular pattern of work, specifying the number of hours to be worked each day, which days of the week the employee will work, and the start and finish times. 2.5.3 All salary and entitlements are paid on a pro-rata basis calculated by reference to the percentage of time worked. safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 10 of 47




 



2.5.4 Where a permanent or temporary employee has been engaged on a part time basis, 
ONRSR will not seek to alter the number of hours of work without the agreement of the 
employee. 

2.5.5 Any variation to the regular pattern of work of a part time employee agreed between 
ONRSR and the employee will be recorded in writing. 

2.5.6 ONRSR may approve a written request from a full time employee for a part time 
arrangement. Such a request may be made at any stage and will not be unreasonably 
refused. Where an employee's request for part time arrangements is refused on 
reasonable business grounds, ONRSR will provide the employee with written reasons 
for the decision, within 21 days of the decision. 

2.6 Conversion of employment 

2.6.1 For employees who are casual employees, the process for conversion from casual to full 
time or equivalent part time employment (either initiated by the employer or the 
employee) is governed by the National Employment Standards. 

2. 7 Probation and confirmation 

2.7.1 Employees covered by this Agreement will undertake a probationary period of six 
months immediately following commencement of employment unless otherwise specified 
in writing to the employee at commencement of employment. 

2.7.2 In the event of unsatisfactory performance and where the employee has received 
performance reviews the probation period may be extended by a further 6 months. 

2.7.3 At the end of the period of probation the employee's employment will be either confirmed 
or annulled. 

2.7.4 An employee may be terminated by ONRSR at any time during their probationary period 
with at least 1 weeks' notice, or pay in lieu of notice, unless the employee's employment 
is terminated for serious misconduct, in which case, they may be terminated without 
notice. 

2.7.5 An employee who wants to terminate their employment with ONRSR during their 
probation period is required to provide ONRSR with at least 2 weeks' notice. 

This section contains information about standard working hours, managing working hours and 
varying work hours. 

3.1 Hours of work 

3.1.1 The hours of work for full time employees are 150 hours over a 4-week period (37 .5 
hours per week/ 7.5 hours per day). This 4 week period is known as the settlement 
period. 

3.1.2 The standard working day is 7 hours and 30 minutes and will be the basis for the 
calculation of leave entitlements and hourly rates of pay. 

3.1.3 The bandwidth is between the hours of 7.00am and 7.00pm, Monday to Friday. 

3.1.4 Employees should not work more than 10 hours per day unless specifically directed to 
do so. 

3.1.5 An employee will not be required to, and must not, work for more than 5 consecutive 
hours without a break of at least 30 minutes. 

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2.5.4 Where a permanent or temporary employee has been engaged on a part time basis, ONRSR will not seek to alter the number of hours of work without the agreement of the employee. 2.5.5 Any variation to the regular pattern of work of a part time employee agreed between ONRSR and the employee will be recorded in writing. 2.5.6 ONRSR may approve a written request from a full time employee for a part time arrangement. Such a request may be made at any stage and will not be unreasonably refused. Where an employee's request for part time arrangements is refused on reasonable business grounds, ONRSR will provide the employee with written reasons for the decision, within 21 days of the decision. 2.6 Conversion of employment 2.6.1 For employees who are casual employees, the process for conversion from casual to full time or equivalent part time employment (either initiated by the employer or the employee) is governed by the National Employment Standards. 2.7 Probation and confirmation 2.7.1 Employees covered by this Agreement will undertake a probationary period of six months immediately following commencement of employment unless otherwise specified in writing to the employee at commencement of employment. 2.7.2 In the event of unsatisfactory performance and where the employee has received performance reviews the probation period may be extended by a further 6 months. 2.7.3 At the end of the period of probation the employee's employment will be either confirmed or annulled. 2.7.4 An employee may be terminated by ONRSR at any time during their probationary period with at least 1 weeks' notice, or pay in lieu of notice, unless the employee's employment is terminated for serious misconduct, in which case, they may be terminated without notice. 2.7.5 An employee who wants to terminate their employment with ONRSR during their probation period is required to provide ONRSR with at least 2 weeks' notice. This section contains information about standard working hours, managing working hours and varying work hours. 3.1 Hours of work 3.1.1 The hours of work for full time employees are 150 hours over a 4-week period (37.5 hours per week / 7.5 hours per day). This 4 week period is known as the settlement period. 3.1.2 The standard working day is 7 hours and 30 minutes and will be the basis for the calculation of leave entitlements and hourly rates of pay. 3.1.3 The bandwidth is between the hours of 7.00am and 7.00pm, Monday to Friday. 3.1.4 Employees should not work more than 10 hours per day unless specifically directed to do so. 3.1.5 An employee will not be required to, and must not, work for more than 5 consecutive hours without a break of at least 30 minutes. safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 11 of 47




 



3.2 Workload 

3.2.1 ONRSR recognises that the allocation of work must include consideration of the 
employee's hours of work and health, safety and welfare. Work will be allocated so that it 
does not routinely require work to be undertaken beyond an employee's ordinary hours 
of work. 

3.2.2 When an employee is required by ONRSR to work overtime the employee must be 
compensated in accordance with the appropriate overtime rate or time off in lieu. 

3.2.3 Managers and employees have a mutual responsibility for managing working hours and 
patterns, including leave planning, flexitime arrangements, and minimising excessive 
hours where possible. The provisions are designed to be sufficiently flexible for 
employees to meet business requirements and balance their personal needs. 

3.2.4 Where an employee or group of employees believe that there is an allocation of work 
leading to employees being overloaded with work, the employee or group of employees 
concerned can seek to have the work allocation reviewed by ONRSR. Where there is a 
sustained need for additional hours to be worked, ONRSR will review its resourcing to 
ensure employees' concerns and the work requirements are being met. 

3.3 Flexitime 

3.3.1 The flexitime scheme will enable employees to vary working hours, patterns and 
arrangements to provide flexibility to benefit employees, clients and ONRSR. 

3.3.2 The flexitime scheme is available to all employees except Senior Managers. 

3.3.3 An employee may accumulate flexible hours in excess of a normal working week and 
subsequently take agreed time off from the accrued flexitime credit. 

3.3.4 With prior approval from the relevant manager, an employee will be granted time off to 
use the flexitime credit, on the basis that the flexitime accumulation and absence will not 
impact on the business needs of ONRSR. Approval will not be unreasonably withheld. 

3.3.5 The flexitime scheme allows employees to accrue flexitime credits or debits within the 
bandwidth hours up to a maximum of 5 days per 4 week settlement period (flexitime 
credits) and 2 days per 4 week settlement period (flexitime debits), which may be carried 
over to the next settlement period. 

3.3.6 Any flexitime credits above 5 days (surplus credits) or flexitime debits above 2 days 
(surplus debits) may, under extenuating circumstances and with the approval of an 
Executive employee, be carried over to the next settlement period. If a surplus credit is 
not cleared by the end of that settlement period, it will expire. If a surplus debit is not 
cleared by the end of that settlement period, it will be dealt with in accordance with 
clause 3.3.7. 

3.3. 7 Flexitime debits are discouraged and should be closely monitored by the employee and 
the relevant manager. However, where the flexitime debit exceeds the defined maximum 
in the 4 week settlement period, the employee may either: 

(a) authorise ONRSR in writing to deduct the value of the flexitime debit from their 
next pay; or 

(b) be directed by ONRSR to perform work at any reasonable time to make up the 
hours of the flexitime debit. Such work will not be considered as overtime work. 

3.3.8 Where an employee does not comply with the provisions of flexitime, the relevant 
manager can direct that the employee's hours of work revert to the standard hours 
otherwise applicable for their position. 

3.3.9 All-employees entitled to the flexitime scheme must record their working hours through 
ONRSR time-sheet system and approved by the relevant manager. 

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3.2 Workload 3.2.1 ONRSR recognises that the allocation of work must include consideration of the employee's hours of work and health, safety and welfare. Work will be allocated so that it does not routinely require work to be undertaken beyond an employee's ordinary hours of work. 3.2.2 When an employee is required by ONRSR to work overtime the employee must be compensated in accordance with the appropriate overtime rate or time off in lieu. 3.2.3 Managers and employees have a mutual responsibility for managing working hours and patterns, including leave planning, flexitime arrangements, and minimising excessive hours where possible. The provisions are designed to be sufficiently flexible for employees to meet business requirements and balance their personal needs. 3.2.4 Where an employee or group of employees believe that there is an allocation of work leading to employees being overloaded with work, the employee or group of employees concerned can seek to have the work allocation reviewed by ONRSR. Where there is a sustained need for additional hours to be worked, ONRSR will review its resourcing to ensure employees' concerns and the work requirements are being met. 3.3 Flexitime 3.3.1 The flexitime scheme will enable employees to vary working hours, patterns and arrangements to provide flexibility to benefit employees, clients and ONRSR. 3.3.2 The flexitime scheme is available to all employees except Senior Managers. 3.3.3 An employee may accumulate flexible hours in excess of a normal working week and subsequently take agreed time off from the accrued flexitime credit. 3.3.4 With prior approval from the relevant manager, an employee will be granted time off to use the flexitime credit, on the basis that the flexitime accumulation and absence will not impact on the business needs of ONRSR. Approval will not be unreasonably withheld. 3.3.5 The flexitime scheme allows employees to accrue flexitime credits or debits within the bandwidth hours up to a maximum of 5 days per 4 week settlement period (flexitime credits) and 2 days per 4 week settlement period (flexitime debits), which may be carried over to the next settlement period. 3.3.6 Any flexitime credits above 5 days (surplus credits) or flexitime debits above 2 days (surplus debits) may, under extenuating circumstances and with the approval of an Executive employee, be carried over to the next settlement period. If a surplus credit is not cleared by the end of that settlement period, it will expire. If a surplus debit is not cleared by the end of that settlement period, it will be dealt with in accordance with clause 3.3.7. 3.3.7 Flexitime debits are discouraged and should be closely monitored by the employee and the relevant manager. However, where the flexitime debit exceeds the defined maximum in the 4 week settlement period, the employee may either: (a) authorise ONRSR in writing to deduct the value of the flexitime debit from their next pay; or (b) be directed by ONRSR to perform work at any reasonable time to make up the hours of the flexitime debit. Such work will not be considered as overtime work. 3.3.8 Where an employee does not comply with the provisions of flexitime, the relevant manager can direct that the employee's hours of work revert to the standard hours otherwise applicable for their position. 3.3.9 All employees entitled to the flexitime scheme must record their working hours through ONRSR time-sheet system and approved by the relevant manager. safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 12 of 47




 



3.4 Overtime 

3.4.1 Employees at the top increment of Level 5 and below and the top increment of RS02 
and below who are required by ONRSR to perform work outside the bandwidth; on 
weekends or public holidays; or required to work in excess of the standard ordinary 
hours on any 1 week day (Monday to Friday inclusive) are eligible for overtime or time 
off in lieu of overtime for the additional work. 

3.4.2 Where an eligible employee requests and is approved by ONRSR to work outside the 
bandwidth, this will be considered as ordinary duty and subject to the flexitime 
arrangements. 

3.4.3 Only authorised overtime will be paid for and the following rates of overtime will apply: 

(a) Monday - Friday (over and above ordinary hours): Time and a half for the first 3 
hours and double time thereafter. 

(b) Saturday: Time and a half for the first 3 hours and double time thereafter, except 
all hours worked after 12 noon are double time with minimum payment of 3 
hours. 

(c) Sunday: Double time for all hours worked with minimum payment of 3 hours. 

(d) Public Holidays: Double time and a half for all hours worked with minimum 
payment of 3 hours. 

3.4.4 For the purposes of this clause, in accruing or calculating payment of overtime, each 
period of overtime will stand alone. 

3.4.5 Rest period after overtime: 

(a) Employees are required to take at least a ten hour break between completing 
overtime and commencing the next period of work. An employee must be 
released after completion of overtime until they have had ten consecutive hours 
off. 

(b) If on the instructions of ONRSR, a ten hour break is not possible, the employee 
will be paid at the rate of double time until they are released from duty to enable 
a ten hour break. 

(c) In the event of any employee finishing any period of overtime at a time when 
reasonable means of transport are not available for the employee to return to 
their place of residence, ONRSR must provide adequate transport free of cost to 
the employee. 

3.4.6 Other than in an emergency, an employee may refuse the overtime work if it imposes 
personal or family hardship, or if the requirement to perform overtime work is otherwise 
unreasonable under the National Employment Standards. · 

3.4. 7 Childcare during overtime work: 

(a) Where an employee is the primary carer and is required by ONRSR to work 
outside their ordinary hours of work and where less than 24 hours' notice of the 
requirement to perform such overtime work has been given by ONRSR, the 
employee will be reimbursed for reasonable childcare expenses incurred. 
Evidence of expenditure incurred by the employee must be provided to ONRSR 
as soon as possible after the working of such overtime. 

3.5 Time off in lieu of overtime (TOIL) 

3.5.1 Pursuant to clause 3.4, TOIL, rather than overtime, is an alternative form of recompense 
for additional work required by ONRSR over and above: 

(a) ordinary hours of work; or 

(b) work able to be accommodated within flexitime arrangements. 

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3.4 Overtime 3.4.1 Employees at the top increment of Level 5 and below and the top increment of RSO2 and below who are required by ONRSR to perform work outside the bandwidth; on weekends or public holidays; or required to work in excess of the standard ordinary hours on any 1 week day (Monday to Friday inclusive) are eligible for overtime or time off in lieu of overtime for the additional work. 3.4.2 Where an eligible employee requests and is approved by ONRSR to work outside the bandwidth, this will be considered as ordinary duty and subject to the flexitime arrangements. 3.4.3 Only authorised overtime will be paid for and the following rates of overtime will apply: (a) Monday - Friday (over and above ordinary hours): Time and a half for the first 3 hours and double time thereafter. (b) Saturday: Time and a half for the first 3 hours and double time thereafter, except all hours worked after 12 noon are double time with minimum payment of 3 hours. (c) Sunday: Double time for all hours worked with minimum payment of 3 hours. (d) Public Holidays: Double time and a half for all hours worked with minimum payment of 3 hours. 3.4.4 For the purposes of this clause, in accruing or calculating payment of overtime, each period of overtime will stand alone. 3.4.5 Rest period after overtime: (a) Employees are required to take at least a ten hour break between completing overtime and commencing the next period of work. An employee must be released after completion of overtime until they have had ten consecutive hours off. (b) If on the instructions of ONRSR, a ten hour break is not possible, the employee will be paid at the rate of double time until they are released from duty to enable a ten hour break. (c) In the event of any employee finishing any period of overtime at a time when reasonable means of transport are not available for the employee to return to their place of residence, ONRSR must provide adequate transport free of cost to the employee. 3.4.6 Other than in an emergency, an employee may refuse the overtime work if it imposes personal or family hardship, or if the requirement to perform overtime work is otherwise unreasonable under the National Employment Standards. 3.4.7 Childcare during overtime work: (a) Where an employee is the primary carer and is required by ONRSR to work outside their ordinary hours of work and where less than 24 hours' notice of the requirement to perform such overtime work has been given by ONRSR, the employee will be reimbursed for reasonable childcare expenses incurred. Evidence of expenditure incurred by the employee must be provided to ONRSR as soon as possible after the working of such overtime. 3.5 Time off in lieu of overtime (TOIL) 3.5.1 Pursuant to clause 3.4, TOIL, rather than overtime, is an alternative form of recompense for additional work required by ONRSR over and above: )ordinary hours of work; or (b) work able to be accommodated within flexitime arrangements. safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 13 of 47




 



3.5.2 Where additional duty is worked by employees at Level 5 or RS02 or below, time off in 
lieu of overtime is calculated in accordance with the provisions in clause 3.4.3, except 
where TOIL is accrued in accordance with clause 4.6 Duty officer allowance. 

3.5.3 Where additional duty is worked by employees above Level 5 or RS02, time off in lieu of 
overtime is calculated at 1 hour off for each hour of overtime worked. 

3.5.4 Where an employee who has worked overtime wishes to take TOIL, they must 
communicate that decision as soon as possible and consult with the relevant manager to 
determine when that time off is to be taken. 

3.5.5 Where TOIL has not been taken within twelve weeks of accrual, it may no longer be 
taken. In the case of employees at Level 5 or RS02 or below, ONRSR must provide 
payment for the overtime at the rate specified in clause 3.4.3. 

3.6 Excess travelling time 

3.6.1 An employee who is temporarily required to undertake duties at a location other than 
their usual place or places of work will have any period of additional travelling time 
regarded as time worked. 

3.7 Public holidays 

3. 7 .1 Employees are entitled to public holidays in accordance with the National Employment 
Standards. 

This section provides information on remuneration for the benefit of an employee, including 
allowances and reimbursements. 

4.1 Rates of pay 

4.1.1 All employees, other than Executive employees and Senior Managers will be classified 
as falling within 1 of the levels described in Schedule A - Classifications and Salary 
Levels. 

4.1.2 Any new appointment to a position, including by way of reclassification, will normally be 
at the first increment of that classification level. However, ONRSR may authorise 
payment of salary above the first increment of the classification level after considering 
the employee's experience, qualifications, skills, and any other relevant factor. 

4.1.3 In February each year, employees, other than those employees in their probationary 
period, are eligible for an increase to the next increment of their substantive 
classification level up to and including increment 4 of that classification level, for meeting 
expectations in relation to their performance and values. To progress between 
increment 4 and 5 or increment 5 and 6, an employee must demonstrate exceeding 
expectations in relation to their performance and values. 

4.1.4 All incremental payments will be effective from the first full pay period on or after 1 
March. 

4.1.5 Increment increases are linked to ONRSR's performance management process and 
progression is dependent on an employee meeting (increments 1-4) or exceeding (4-6) 
expectations. 

4.1.6 An employee may apply in writing for reclassification to a higher level at any time. 

4.1. 7 ONRSR may at its discretion reclassify a position at any time. 

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3.5.2 Where additional duty is worked by employees at Level 5 or RSO2 or below, time off in lieu of overtime is calculated in accordance with the provisions in clause 3.4.3, except where TOIL is accrued in accordance with clause 4.6 Duty officer allowance. 3.5.3 Where additional duty is worked by employees above Level 5 or RSO2, time off in lieu of overtime is calculated at 1hour off for each hour of overtime worked. 3.5.4 Where an employee who has worked overtime wishes to take TOIL, they must communicate that decision as soon as possible and consult with the relevant manager to determine when that time off is to be taken. 3.5.5 Where TOIL has not been taken within twelve weeks of accrual, it may no longer be taken. In the case of employees at Level 5 or RSO2 or below, ONRSR must provide payment for the overtime at the rate specified in clause 3.4.3. 3.6 Excess travelling time 3.6.1 An employee who is temporarily required to undertake duties at a location other than their usual place or places of work will have any period of additional travelling time regarded as time worked. 3.7 Public holidays 3.7.1 Employees are entitled to public holidays in accordance with the National Employment Standards. This section provides information on remuneration for the benefit of an employee, including allowances and reimbursements. 4.1 Rates of pay 4.1.1 All employees, other than Executive employees and Senior Managers will be classified as falling within 1 of the levels described in Schedule A - Classifications and Salary Levels. 4.1.2 Any new appointment to a position, including by way of reclassification, will normally be at the first increment of that classification level. However, ONRSR may authorise payment of salary above the first increment of the classification level after considering the employee's experience, qualifications, skills, and any other relevant factor. 4.1.3 In February each year, employees, other than those employees in their probationary period, are eligible for an increase to the next increment of their substantive classification level up to and including increment 4 of that classification level, for meeting expectations in relation to their performance and values. To progress between increment 4 and 5 or increment 5 and 6, an employee must demonstrate exceeding expectations in relation to their performance and values. 4.1.4 All incremental payments will be effective from the first full pay period on or after 1 March. 4.1.5 Increment increases are linked to ONRSR's performance management process and progression is dependent on an employee meeting (increments 1-4) or exceeding (4-6) expectations. 4.1.6 An employee may apply in writing for reclassification to a higher level at any time. 4.1.7 ONRSR may at its discretion reclassify a position at any time. sate railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 14 of 47




 



4.2 Salary increases 

4.2.1 The following annual salary increases will be paid under this Agreement on the first full 
pay period on or after 1 October 2021; 2022; 2023; 2024: 

(a) 1.5%, or 

(b) Consumer Price Index, based on the 12 month weighted average for the 
December quarter (of the eight capital cities); 

whichever is the greatest. 

4.3 Payment of salaries 

4.3.1 Salaries are paid fortnightly in arrears. 

4.4 Superannuation and salary sacrifice 

4.4.1 An employee is entitled to superannuation in accordance with the provisions of the 
Superannuation Guarantee (Administration) Act 1992 (Cth). Employer contributions will 
be made to ONRSR's default fund, or to a compliant fund nominated by the employee, in 
accordance with the rules of the fund. 

4.4.2 The individual superannuation to be paid by the employer will be in accordance with 
section 19 of the Superannuation Guarantee (Administration) Act 1992 (Cth), or no lower 
than: 

Year starting 1 July 2021- 10% 

Year starting 1 July 2022- 10.5% 

Year starting 1 July 2023- 11 % 

Year starting 1 July 2024- 11.5% 

4.4.3 If the rules of the nominated fund require an employer contribution greater than the 
provisions of the Superannuation Guarantee (Administration) Act 1992 (Cth), or as set 
out in 4.4.2 above, then any contribution above these provisions will be borne by the 
employee. 

4.4.4 Employees have the opportunity to participate in salary sacrifice arrangements. 

4.5 Higher duties allowance 

4.5.1 Where an employee is required by ONRSR to perform the duties, in part or in full, of 
another employee in a higher classification level under this Agreement for a period of 10 
working days or more, that employee will receive a higher duties allowance. 

4.5.2 The allowance will be paid at a rate no less than the minimum salary increment step 
prescribed for the classification applying to the employee whose duties they are 
performing, for the duration of the temporary period they perform the higher duties. 

4.5.3 Where an employee is required to perform the duties of an Executive or Senior Manager 
position any higher duties allowance will be negotiated. 

4.5.4 Where an employee is already being paid at a salary higher than that of the position they 
are to act in, there will be no higher duties allowance. 

4.6 Duty officer allowance 

4.6.1 When an employee performs the duty officer function, the employee will receive 
remuneration of an allowance and TOIL. 

4.6.2 The duty officer remuneration includes: 

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4.2 Salary increases 4.2.1 The following annual salary increases will be paid under this Agreement on the first full pay period on or after 1 October 2021; 2022; 2023; 2024: (a) 1.5%, or (b) Consumer Price Index, based on the 12 month weighted average for the December quarter (of the eight capital cities); whichever is the greatest. 4.3 Payment of salaries 4.3.1 Salaries are paid fortnightly in arrears. 4.4 Superannuation and salary sacrifice 4.4.1 An employee is entitled to superannuation in accordance with the provisions of the Superannuation Guarantee (Administration) Act 1992 (Cth). Employer contributions will be made to ONRSR's default fund, or to a compliant fund nominated by the employee, in accordance with the rules of the fund. 4.4.2 The individual superannuation to be paid by the employer will be in accordance with section 19 of the Superannuation Guarantee (Administration) Act 1992 (Cth), or no lower than: Year starting 1 July 2021- 10% Year starting 1 July 2022- 10.5% Year starting 1 July 2023- 11% Year starting 1 July 2024- 11.5% 4.4.3 If the rules of the nominated fund require an employer contribution greater than the provisions of the Superannuation Guarantee (Administration) Act 1992 (Cth), or as set out in 4.4.2 above, then any contribution above these provisions will be borne by the employee. 4.4.4 Employees have the opportunity to participate in salary sacrifice arrangements. 4.5 Higher duties allowance 4.5.1 Where an employee is required by ONRSR to perform the duties, in part or in full, of another employee in a higher classification level under this Agreement for a period of 10 working days or more, that employee will receive a higher duties allowance. 4.5.2 The allowance will be paid at a rate no less than the minimum salary increment step prescribed for the classification applying to the employee whose duties they are performing, for the duration of the temporary period they perform the higher duties. 4.5.3 Where an employee is required to perform the duties of an Executive or Senior Manager position any higher duties allowance will be negotiated. 4.5.4 Where an employee is already being paid at a salary higher than that of the position they are to act in, there will be no higher duties allowance. 4.6 Duty officer allowance 4.6.1 When an employee performs the duty officer function, the employee will receive remuneration of an allowance and TOIL. 4.6.2 The duty officer remuneration includes: sare railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 15 of 47




 



(a) $20 per day; and 
(b) a minimum of 1 hour TOIL per incident for telephone calls outside the employee's 

standard hours of work associated with that incident and a limited initial 
response. 

(c) The amount set out in 4.6.2(a) will increase each year by the Annual Consumer 
Price Index % as indicated by the Australian Bureau of Statistics based on the 12 
month weighted average for the December quarter (of the eight capital cities). 

From October 2021 From October 2022 From October From October 2024 
(CPI % change) 2023(CPI % (CPI % change) 

change) 
$20+CPI $ $ 

4.6.3 A limited initial response is defined as: 

(a) recording the information provided on the nominated form; 

(b) relaying a text message to nominated parties; 

$ 

(c) determining if drug and alcohol testing is required at the incident site and 
contacting the nominated contractor to request attendance at the incident site; 
and 

(d) contacting the Director Operations if the incident is of a significant nature or 
assistance is required in determining further action. 

4.6.4 When an employee performs the function of duty officer, the employee is: 

(a) deemed to be off duty for the purpose of all ONRSR policies; and 

(b) not obligated to be available to attend an incident site or office. 

4.6.5 If a site or office attendance is requested, and the employee is available to respond, 
normal overtime provisions will apply. 

4. 7 First aid allowance 

4.7.1 Where an employee, in addition to their normal duties, agrees to be appointed by 
ONRSR as the First Aid Officer or Senior First Aid Officer in any ONRSR office, to 
perform first aid duties when required: 

(a) the employee must hold a current first aid certificate issued by St John 
Ambulance Australia or an equivalent qualification; and 

(b) the employee will be paid an allowance increased annually by the Consumer 
Price Index, based on the 12 month weighted average for the December quarter 
(of the eight capital cities); 

From October 2021 From October 2022 From October 2023 From October 2024 
(CPI % change) (CPI % change) (CPI % change) 

$1,011 per annum $ $ $ 
+CPI 

4.7.2 ONRSR must reimburse any additional costs incurred by the employee in obtaining and 
maintaining the first aid qualification. 

4.8 Use of private motor vehicle for work purposes 

4.8.1 If an employee is required to use their own vehicle on ONRSR's business, the employee 
will be reimbursed for kilometre costs in accordance with the relevant ATO rates for the 
current financial year. 

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(a) $20 per day; and (b) a minimum of 1 hour TOIL per incident for telephone calls outside the employee's standard hours of work associated with that incident and a limited initial response. (c) The amount set out in 4.6.2(a) will increase each year by the Annual Consumer Price Index % as indicated by the Australian Bureau of Statistics based on the 12 month weighted average for the December quarter (of the eight capital cities) From October 2021 From October 2022 From October From October 2024 (CPI % change) 2023(CPI % (CPI % change) change) $20+CPI $ $ $ 4.6.3 A limited initial response is defined as: (a) recording the information provided on the nominated form; (b) relaying a text message to nominated parties; (c) determining if drug and alcohol testing is required at the incident site and contacting the nominated contractor to request attendance at the incident site; and (d) contacting the Director Operations if the incident is of a significant nature or assistance is required in determining further action. 4.6.4 When an employee performs the function of duty officer, the employee is: (a) deemed to be off duty for the purpose of all ONRSR policies; and (b) not obligated to be available to attend an incident site or office. 4.6.5 If a site or office attendance is requested, and the employee is available to respond, normal overtime provisions will apply. 4.7 First aid allowance 4.7.1 Where an employee, in addition to their normal duties, agrees to be appointed by ONRSR as the First Aid Officer or Senior First Aid Officer in any ONRSR office, to perform first aid duties when required: (a) the employee must hold a current first aid certificate issued by St John Ambulance Australia or an equivalent qualification; and (b) the employee will be paid an allowance increased annually by the Consumer Price Index, based on the 12 month weighted average for the December quarter (of the eight capital cities); - From October 2021 From October 2022 From October 2023 From October 2024 (CPI % change) (CPI % change) (CPI % change) $1,011 per annum $ $ $ + CPI 4.7.2 ONRSR must reimburse any additional costs incurred by the employee in obtaining and maintaining the first aid qualification. 4.8 Use of private motor vehicle for work purposes 4.8.1 If an employee is required to use their own vehicle on ONRSR's business, the employee will be reimbursed for kilometre costs in accordance with the relevant ATO rates for the current financial year. safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 16 of 47




 



4.8.2 The employee must obtain the prior approval of ONRSR before using their private motor 
vehicle during the course of their employment. 

4.8.3 Following use, the employee must submit written particulars of the date, the purpose of 
the trip, the number of kilometres travelled and the type of vehicle used. 

4.9 Travelling expenses 

4.9.1 Where ONRSR requires an employee in the course of duties to travel and/or be absent 
overnight all reasonable costs, consistent with ONRSR policy and using the A TO daily 
rates as a guide, will be paid for by ONRSR. 

4.9.2 Where an employee is required to work at times and/or in places where the use of public 
transport is not reasonably available or could reasonably be deemed to place the 
employee in a position of possible personal risk, ONRSR will provide suitable transport 
(fleet vehicle or taxi) or authorise the employee to use their own vehicle. This clause 
includes, where applicable, the employee's travelling between their home and place of 
work. 

This section sets out ONRSR's leave provisions for employees including: 

 Annual leave 

 Purchased leave 

 Personal leave 

 Long service leave 

 Parental leave 

 Compassionate leave 

 Special leave with pay 

 Community service leave 

 Attendance in court as a witness 

 Blood donor's leave 

 Defence reserve leave 

 Disability resulting from war service 

 Elite athletes 

 Trade union training 

 Study leave 

 Annual Christmas close down 

For the purpose of annual leave, personal leave, parental leave, compassionate leave and 
community service leave, an employee is entitled to this leave in accordance with the National 
Employment Standards and the relevant leave clause. Where there is a conflict between the 
National Employment Standards and this Agreement the National Employment Standards and 
the Fair Work Act will prevail. 

5.1 Annual leave 

5.1.1 An employee, other than a casual employee, is entitled to 4 weeks (20 days /150 hours) 
paid annual leave for each continuous 12 months of service with ONRSR, unless the 
employee is permanently based in the Northern Territory, in which case the employee is 
entitled to 6 weeks (30 days/ 225 hours) paid annual leave for each 12 months of 
service with ONRSR. 

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 4.8.2 The employee must obtain the prior approval of ONRSR before using their private motor vehicle during the course of their employment. 4.8.3 Following use, the employee must submit written particulars of the date, the purpose of the trip, the number of kilometres travelled and the type of vehicle used. 4.9 Travelling expenses 4.9.1 Where ONRSR requires an employee in the course of duties to travel and/or be absent overnight all reasonable costs, consistent with ONRSR policy and using the ATO daily rates as a guide, will be paid for by ONRSR. 4.9.2 Where an employee is required to work at times and/or in places where the use of public transport is not reasonably available or could reasonably be deemed to place the employee in a position of possible personal risk, ONRSR will provide suitable transport (fleet vehicle or taxi) or authorise the employee to use their own vehicle. This clause includes, where applicable, the employee's travelling between their home and place of work. This section sets out ONRSR's leave provisions for employees including:  Annual leave Purchased leave V  Personal leave Long service leave  Parental leave Compassionate leave  Special leave with pay  Community service leave Attendance in court as a witness  Blood donor's leave Defence reserve leave  Disability resulting from war service  Elite athletes Trade union training  Study leave  Annual Christmas close down For the purpose of annual leave, personal leave, parental leave, compassionate leave and community service leave, an employee is entitled to this leave in accordance with the National Employment Standards and the relevant leave clause. Where there is a conflict between the National Employment Standards and this Agreement the National Employment Standards and the Fair Work Act will prevail. 5.1 Annual leave 5.1.1 An employee, other than a casual employee, is entitled to 4 weeks (20 days /150 hours) paid annual leave for each continuous 12 months of service with ONRSR, unless the employee is permanently based in the Northern Territory, in which case the employee is entitled to 6 weeks (30 days / 225 hours) paid annual leave for each 12 months of service with ONRSR. safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 17 of 47 



5.1.2 Annual leave is credited in advance on commencement and thereafter on an annual 
basis on the employee's anniversary date. 

5.1.3 If leave is taken in advance of being accrued and the employee's service with ONRSR 
does not equal the employee's leave entitlements on termination of employment, then 
any leave taken in excess of the employee's entitlements will be required to be repaid to 
ONRSR. 

5.1.4 Annual leave can be taken on an hourly basis. 

5.1.5 Annual leave counts as service for all purposes. 

5.1.6 Subject to clause 5.1.7, annual leave will be taken at a time determined by mutual 
agreement between ONRSR and the employee. 

5.1. 7 Where the employee has accrued an annual leave entitlement of more than 8 weeks ( 40 
days/300 hours), or 12 weeks (60 days/450 hours) in the Northern Territory, and if 
ONRSR and the employee are unable to reach agreement on the taking of annual leave, 
ONRSR may direct an employee in writing to take a period of annual leave. This written 
direction to take annual leave must give the employee 4 weeks' notice to take a period of 
annual leave. The employee will be deemed to be on annual leave at the end of the 4 
weeks' notice period. This clause does not apply to purchased leave. 

5.1.8 Annual leave excludes public holidays. If a public holiday falls on a day during an 
employee's period of annual leave which would otherwise have been an ordinary 
working day for that employee, the employee will be credited with additional annual 
leave equivalent to the ordinary time the employee would have worked on that day. 

5.1.9 If an employee becomes sick while on annual leave on a day he or she would otherwise 
have worked, and the employee as soon as is practicable forwards to ONRSR a 
certificate of a qualified medical practitioner or other relevant practitioner, then the 
number of days specified in the certificate will be deducted from any personal leave 
entitlements the employee has accrued, and (to the extent of that deduction) re-credited 
to the employee's annual leave entitlement. 

5.2 Cashing out Annual Leave 

5.2.1 Annual leave must not be cashed out except in accordance with this clause. 

5.2.2 ONRSR and an employee may agree to the employee cashing out a particular amount 
of the employee's accrued annual leave provided that the following requirements are 
met: 

(a) the cashing out of a particular amount of accrued annual leave must be by 
agreement between the employer and the employee which must: 

(i) be in writing and retained as an employee record; 

(ii) state the amount of accrued leave to be cashed out and the payment to be 
made to the employee; 

(iii) state the date on which the payment is to be made; and 

(iv) be signed by ONRSR and employee and, if the employee is under 18 years 
of age, the employee's parent or guardian; 

(b) the employee must be paid at least the full amount that would have been payable 
to the employee had the employee taken the leave at the time that it is cashed 
out; 

(c) annual leave must not be cashed out if the cashing out would result in the 
employee's remaining accrued entitlement to annual leave being less than four 
weeks; and 

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5.1.2 Annual leave is credited in advance on commencement and thereafter on an annual basis on the employee's anniversary date. 5.1.3 If leave is taken in advance of being accrued and the employee's service with ONRSR does not equal the employee's leave entitlements on termination of employment, then any leave taken in excess of the employee's entitlements will be required to be repaid to ONRSR. 5.1.4 Annual leave can be taken on an hourly basis. 5.1.5 Annual leave counts as service for all purposes. 5.1.6 Subject to clause 5.1.7, annual leave will be taken at a time determined by mutual agreement between ONRSR and the employee. 5.1.7 Where the employee has accrued an annual leave entitlement of more than 8 weeks (40 days/300 hours), or 12 weeks (60 days/450 hours) in the Northern Territory, and if ONRSR and the employee are unable to reach agreement on the taking of annual leave, ONRSR may direct an employee in writing to take a period of annual leave. This written direction to take annual leave must give the employee 4 weeks' notice to take a period of annual leave. The employee will be deemed to be on annual leave at the end of the 4 weeks' notice period. This clause does not apply to purchased leave. 5.1.8 Annual leave excludes public holidays. If a public holiday falls on a day during an employee's period of annual leave which would otherwise have been an ordinary working day for that employee, the employee will be credited with additional annual leave equivalent to the ordinary time the employee would have worked on that day. 5.1.9 If an employee becomes sick while on annual leave on a day he or she would otherwise have worked, and the employee as soon as is practicable forwards to ONRSR a certificate of a qualified medical practitioner or other relevant practitioner, then the number of days specified in the certificate will be deducted from any personal leave entitlements the employee has accrued, and (to the extent of that deduction) re-credited to the employee's annual leave entitlement. 5.2 Cashing out Annual Leave 5.2.1 Annual leave must not be cashed out except in accordance with this clause. 5.2.2 ONRSR and an employee may agree to the employee cashing out a particular amount of the employee's accrued annual leave provided that the following requirements are met: (a) the cashing out of a particular amount of accrued annual leave must be by agreement between the employer and the employee which must: (i) be in writing and retained as an employee record; (ii) state the amount of accrued leave to be cashed out and the payment to be made to the employee; (iii) state the date on which the payment is to be made; and (iv) be signed by ONRSR and employee and, if the employee is under 18 years of age, the employee's parent or guardian; (b) the employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave at the time that it is cashed out: (c) annual leave must not be cashed out if the cashing out would result in the employee's remaining accrued entitlement to annual leave being less than four weeks; and safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 18 of 47




 



(d) an employee may only cash out annual leave on one occasion during the term of 
this Agreement. 

5.3 Purchased leave 

5.3.1 An employee, other than a casual employee, on application and with the agreement of 
ONRSR, may work on a purchased leave work arrangement. ONRSR may refuse the 
application if business needs cannot be met during the employee's absence. 

5.3.2 The purchased leave work arrangement allows an employee to purchase additional 
leave within a given year, provided that the employee agrees to be paid a reduced 
hourly rate to compensate ONRSR for the additional leave. 

5.3.3 A minimum of 1 week and a maximum of 8 weeks of additional leave can be purchased. 
Purchased leave will accrue during each pay period throughout the relevant year, 
parallel to the percentage reduction in salary for each pay period throughout that year. 

5.3.4 Purchased leave must be taken in 1 week blocks. 

5.3.5 Where ONRSR and the employee agree to a reduction in the number of working weeks, 
the employee will receive additional leave as follows: 

44/52 weeks Additional 8 weeks' leave 12 weeks in total 

45/52 weeks Additional 7 weeks' leave 11 weeks in total 

46/52 weeks Additional 6 weeks' leave 10 weeks in total 

47/52 weeks Additional 5 weeks' leave 9 weeks in total 

48/52 weeks Additional 4 weeks' leave 8 weeks in total 

49/52 weeks Additional 3 weeks' leave 7 weeks in total 
50/52 weeks Additional 2 weeks' leave 6 weeks in total 
51/52 weeks Additional 1 weeks' leave 5 weeks in total 

NB: This is based on an annual leave entitlement of 4 weeks. Employees based in the Northern 
Territory continue to receive an additional 2 weeks of annual leave in accordance with clause 
5.1.1. 

5.3.6 It is expected that the purchased leave will be used within 12 months from the date on 
which it was applied. 

5.3. 7 Employees who purchase additional leave enter into the arrangement with ONRSR with 
the expectation that the additional periods of leave will be planned in advance to allow 
operational requirements to be managed with the employee's need for additional leave. 

5.3.8 If the employee leaves ONRSR before they have used the purchased leave, ONRSR will 
reimburse the employee for the amount accrued but not yet taken. 

5.4 Personal leave 

5.4.1 An employee, other than a casual employee, is entitled to 12 days of paid personal leave 
per year. 

5.4.2 An employee's entitlement to paid personal leave accrues progressively during a year of 
service according to the employee's ordinary hours of work and accumulates from year 
to year. 

5.4.3 When taking personal leave in the case of personal illness or injury for a period of more 
than 3 days, the employee must produce a medical certificate or other evidence of 
unfitness for duty from a qualified medical or other relevant practitioner, or a statutory 
declaration, or other documentation that is acceptable to ONRSR, immediately upon 
return to work. 

5.4.4 When taking personal leave to care for a member of their immediate family or 
household, the employee must provide the name of the person requiring care, their 

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(d) an employee may only cash out annual leave on one occasion during the term of this Agreement. 5.3 Purchased leave 5.3.1 An employee, other than a casual employee, on application and with the agreement of ONRSR, may work on a purchased leave work arrangement. ONRSR may refuse the application if business needs cannot be met during the employee's absence. 5.3.2 The purchased leave work arrangement allows an employee to purchase additional leave within a given year, provided that the employee agrees to be paid a reduced hourly rate to compensate ONRSR for the additional leave. 5.3.3 A minimum of 1 week and a maximum of 8 weeks of additional leave can be purchased. Purchased leave will accrue during each pay period throughout the relevant year, parallel to the percentage reduction in salary for each pay period throughout that year. 5.3.4 Purchased leave must be taken in 1 week blocks. 5.3.5 Where ONRSR and the employee agree to a reduction in the number of working weeks, the employee will receive additional leave as follows: 44/52 weeks Additional 8 weeks' leave 12 weeks in total 45/52 weeks Additional 7 weeks' leave 11 weeks in total 46/52 weeks Additional 6 weeks' leave 10 weeks in total 47/52 weeks Additional 5 weeks' leave 9 weeks in total 48/52 weeks Additional 4 weeks' leave 8 weeks in total 49/52 weeks Additional 3 weeks' leave 7 weeks in total 50/52 weeks Additional 2 weeks' leave 6 weeks in total 51/52 weeks Additional 1 weeks' leave 5 weeks in total NB: This is based on an annual leave entitlement of 4 weeks. Employees based in the Northern Territory continue to receive an additional 2 weeks of annual leave in accordance with clause 5.1.1. 5.3.6 It is expected that the purchased leave will be used within 12 months from the date on which it was applied. 5.3.7 Employees who purchase additional leave enter into the arrangement with ONRSR with the expectation that the additional periods of leave will be planned in advance to allow operational requirements to be managed with the employee's need for additional leave. 5.3.8 If the employee leaves ONRSR before they have used the purchased leave, ONRSR will reimburse the employee for the amount accrued but not yet taken. 5.4 Personal leave 5.4.1 An employee, other than a casual employee, is entitled to 12 days of paid personal leave per year. 5.4.2 An employee's entitlement to paid personal leave accrues progressively during a year of service according to the employee's ordinary hours of work and accumulates from year to year. 5.4.3 When taking personal leave in the case of personal illness or injury for a period of more than 3 days, the employee must produce a medical certificate or other evidence of unfitness for duty from a qualified medical or other relevant practitioner, or a statutory declaration, or other documentation that is acceptable to ONRSR, immediately upon return to work. 5.4.4 When taking personal leave to care for a member of their immediate family or household, the employee must provide the name of the person requiring care, their safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 19 of 47




 



relationship to the employee, the reasons for taking such leave and the estimated length 
of absence. ONRSR may also require the employee to provide the following 
documentation: 

(a) where the member of the employee's immediate family or household is ill - a 
medical certificate or statutory declaration outlining the care requirements of the 
person concerned. 

(b) where the member of the employee's immediate family or household requires 
care due to an emergency - documentation acceptable to ONRSR stating the 
nature of the emergency and that such emergency resulted in the person 
concerned requiring care by the employee. 

5.4.5 Documentation provided by an employee in accordance with clause 5.4.4 must also set 
out the grounds upon which the employee is responsible for the care of the person 
concerned. 

5.4.6 The employee must, wherever practicable, give ONRSR notice prior to the intention to 
take personal leave. If it is not practicable for the employee to give prior notice of the 
absence, the employee will notify ONRSR of such absence at the first opportunity on the 
day of the absence. 

5.4.7 If the employee's personal leave and all other leave entitlements are exhausted, an 
employee may seek approval from ONRSR to take special leave with pay in accordance 
with clause 8 or additional unpaid leave for the purpose of their own illness or injury or to 
provide care to a family or household member who is ill or injured. 

5.5 Long service leave 

5.5.1 Employees are entitled to long service leave in accordance with the relevant legislation 
in the State or Territory in which they are employed, with the exceptions that all 
employees (regardless of location) will: 

(a) accrue long service leave on the basis of 6.5 working days for each year of 
service; and 

(b) be eligible to take their accrued long service leave after 7 years of completed 
service. 

5.5.2 All other issues relating to long service leave, including but not limited to the 
arrangements for taking and payment for long service leave, and payment of long 
service leave entitlements on termination, will be governed by the relevant State or 
Territory legislation. 

5.6 Parental leave 

5.6.1 An employee is entitled to unpaid parental leave of 12 months. 

5.6.2 An employee, other than a casual employee, who is or will be the primary carer for the 
child is entitled to paid parental leave (primary carer's leave) in accordance with the 
following: 

(a) If the employee has completed at least 12 months continuous service 
immediately prior to the birth of the child - 16 weeks paid parental leave. 

(b) If the employee has completed at least 5 years' service (including any periods of 
approved unpaid leave) immediately prior to the birth of the child - 18 weeks paid 
parental leave. 

( c) If the employee has completed at least 12 months continuous service 
immediately prior to the adoption or long term foster care of the child - 16 weeks 
paid parental leave. 

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relationship to the employee, the reasons for taking such leave and the estimated length of absence. ONRSR may also require the employee to provide the following documentation: (a) where the member of the employee's immediate family or household is ill - a medical certificate or statutory declaration outlining the care requirements of the person concerned. (b) where the member of the employee's immediate family or household requires care due to an emergency - documentation acceptable to ONRSR stating the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee. 5.4.5 Documentation provided by an employee in accordance with clause 5.4.4 must also set out the grounds upon which the employee is responsible for the care of the person concerned. 5.4.6 The employee must, wherever practicable, give ONRSR notice prior to the intention to take personal leave. If it is not practicable for the employee to give prior notice of the absence, the employee will notify ONRSR of such absence at the first opportunity on the day of the absence. 5.4.7 If the employee's personal leave and all other leave entitlements are exhausted, an employee may seek approval from ONRSR to take special leave with pay in accordance with clause 8 or additional unpaid leave for the purpose of their own illness or injury or to provide care to a family or household member who is ill or injured. 5.5 Long service leave 5.5.1 Employees are entitled to long service leave in accordance with the relevant legislation in the State or Territory in which they are employed, with the exceptions that all employees (regardless of location) will: (a) accrue long service leave on the basis of 6.5 working days for each year of service; and (b) be eligible to take their accrued long service leave after 7 years of completed service. 5.5.2 All other issues relating to long service leave, including but not limited to the arrangements for taking and payment for long service leave, and payment of long service leave entitlements on termination, will be governed by the relevant State or Territory legislation. 5.6 Parental leave 5.6.1 An employee is entitled to unpaid parental leave of 12 months. 5.6.2 An employee, other than a casual employee, who is or will be the primary carer for the child is entitled to paid parental leave (primary carer's leave) in accordance with the following: (a) If the employee has completed at least 12 months continuous service immediately prior to the birth of the child - 16 weeks paid parental leave. (b) If the employee has completed at least 5 years' service (including any periods of approved unpaid leave) immediately prior to the birth of the child - 18 weeks paid parental leave. (c) If the employee has completed at least 12 months continuous service immediately prior to the adoption or long term foster care of the child - 16 weeks paid parental leave. safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 20 of 47




 



(d) If the employee has completed at least 5 years' service (including any periods of 
approved unpaid leave) immediately prior to the adoption or long term foster care 
of the child- 18 weeks paid parental leave. 

5.6.3 For the purposes of 5.6.2 (c) and (d) employees who are the primary caregiver are 
entitled to parental leave for adoption or long term foster care when that child: 

(a)is under 16 years of age; 

(b )has not, or will not have, lived continuously with the employee for a period of six 
months or more as at the day (or expected day) of placement; and 

( c) is not ( otherwise than because of the adoption) a child of the employee or the 
employee's spouse/partner. 

Adoption and long term foster care leave is available from one week prior to the date of 
the placement of the child and must commence within eight weeks of the child being 
adopted or fostered. 

ONRSR may request supporting evidence for adoption or long term foster care. 

5.6.4 An employee, other than a casual employee, who has completed 12 months continuous 
service immediately prior to the birth, adoption or long-care foster care of the child, but 
will not be the primary carer for the child, is entitled to 2 weeks paid parental leave 
( supporting partner leave). 

5.6.5 An employee will be entitled to the applicable maximum period of paid parental leave at 
the employee's ordinary rate of pay (excluding allowances, penalties or other additional 
payments) from the date that their parental leave commences. 

5.6.6 Part time employees will have the same entitlements as full time employees but paid on 
a pro-rata basis according to the average number of contracted hours during the 
immediately preceding 12 months (disregarding any periods of leave). 

5.6.7 Employees will be entitled to paid parental leave regardless of whether the employee 
has returned to work from unpaid or paid parental leave granted in respect to a previous 
birth, adoption or long term foster care. Where an employee, or their partner, becomes 
pregnant or adopts again while the employee is on parental leave, they will be entitled to 
request a new period of unpaid parental leave and be entitled to a new period of paid 
parental leave. 

5.6.8 The total of paid and unpaid parental leave can be extended beyond 12 months but 
cannot exceed 24 months in relation to the birth, adoption or long term fostering. The 
paid parental leave is not to be extended by public holidays, rostered days off, 
programmed days off or any other leave falling within the period of paid leave. 

5.6.9 If an employee is entitled to parental leave pay from the federal government, that 
entitlement may be taken before, after or at the same time as ONRSR's paid parental 
leave or other paid leave entitlements. 

5.6.10 An employee who is eligible for paid parental leave and is not fit for work because of: 

(a) birth of a stillborn child (at or after 20 weeks gestation), or 

(b) birth of a live baby who subsequently dies, during or before the period of 
intended leave 

will still be entitled to paid parental leave in accordance with this clause. The taking of 
any unpaid parental leave in addition to the paid entitlement may be discussed by the 
employee and the relevant manager. 

5.6.11 Where both prospective parents are employees covered by this Agreement, the period 
of paid primary carer's leave and/or supporting partner leave (as applicable) may be 
shared by both employees, provided that: 

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(d) If the employee has completed at least 5 years' service (including any periods of approved unpaid leave) immediately prior to the adoption or long term foster care of the child- 18 weeks paid parental leave. 5.6.3 For the purposes of 5.6.2 (c) and (d) employees who are the primary caregiver are entitled to parental leave for adoption or long term foster care when that child: (a)is under 16 years of age; (b)has not, or will not have, lived continuously with the employee for a period of six months or more as at the day (or expected day) of placement; and (c) is not (otherwise than because of the adoption) a child of the employee or the employee's spouse/partner. Adoption and long term foster care leave is available from one week prior to the date of the placement of the child and must commence within eight weeks of the child being adopted or fostered. ONRSR may request supporting evidence for adoption or long term foster care. 5.6.4 An employee, other than a casual employee, who has completed 12 months continuous service immediately prior to the birth, adoption or long-care foster care of the child, but will not be the primary carer for the child, is entitled to 2 weeks paid parental leave (supporting partner leave). 5.6.5 An employee will be entitled to the applicable maximum period of paid parental leave at the employee's ordinary rate of pay (excluding allowances, penalties or other additional payments) from the date that their parental leave commences 5.6.6 Part time employees will have the same entitlements as full time employees but paid on a pro-rata basis according to the average number of contracted hours during the immediately preceding 12 months (disregarding any periods of leave). 5.6.7 Employees will be entitled to paid parental leave regardless of whether the employee has returned to work from unpaid or paid parental leave granted in respect to a previous birth, adoption or long term foster care. Where an employee, or their partner, becomes pregnant or adopts again while the employee is on parental leave, they will be entitled to request a new period of unpaid parental leave and be entitled to a new period of paid parental leave. 5.6.8 The total of paid and unpaid parental leave can be extended beyond 12 months but cannot exceed 24 months in relation to the birth, adoption or long term fostering. The paid parental leave is not to be extended by public holidays, rostered days off, programmed days off or any other leave falling within the period of paid leave. 5.6.9 If an employee is entitled to parental leave pay from the federal government, that entitlement may be taken before, after or at the same time as ONRSR's paid parental leave or other paid leave entitlements. 5.6.10 An employee who is eligible for paid parental leave and is not fit for work because of: (a) birth of a stillborn child (at or after 20 weeks gestation), or (b) birth of a live baby who subsequently dies, during or before the period of intended leave will still be entitled to paid parental leave in accordance with this clause. The taking of any unpaid parental leave in addition to the paid entitlement may be discussed by the employee and the relevant manager. 5.6.11 Where both prospective parents are employees covered by this Agreement, the period of paid primary carer's leave and/or supporting partner leave (as applicable) may be shared by both employees, provided that: sare railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 21 of 47




 



(a) the total period of paid parental leave does not exceed the applicable maximum; 
and 

(b) regard is given to the operational needs of ONRSR. 

5.6.12 In addition to the paid parental leave entitlements outlined above, employees, other than 
casual employees, may apply for special leave with pay in accordance with clause 5.8 in 
the following circumstances: 

(a) Prenatal leave 

Leave to enable a female employee to attend medical appointments and/or treatment 
required before the birth and directly related to the pregnancy that cannot otherwise be 
reasonably be undertaken outside of normal working hours. 

(b) Fertility Treatment leave 

Leave to enable an employee to undertake recognised fertility treatment(s) that cannot 
reasonably be undertaken or are not provided outside normal working hours. 

(c) Prenatal Partner leave 

Leave to enable an employee to provide care and support to their partner while 
attending medical appointments or receiving treatment associated with fertility 
treatment or the pregnancy that cannot otherwise be reasonably accommodated 
outside of normal working hours. 

(d) Pre-adoption and Pre- Long Term Fostering leave 

Leave to enable an employee to attend appointments associated with adoption or long 
term fostering that cannot otherwise be reasonably accommodated outside of normal 
working hours. For the purposes of this clause, the child: 

(i) must be under 16 years of age; 

(ii) has not, or will not have, lived continuously with the employee for a period 
of six months or more as at the day ( or expected day) of placement; and 

(iii) is not (otherwise than because of the adoption) a child of the employee or 
the employee's spouse/partner. 

5.6.13 An employee is entitled to return to work after primary carer's leave (and any 
subsequent period of unpaid parental leave) on a part time basis, at the employee's 
substantive level, until the child commences school under the following conditions: 

(a) The employee will provide such request at least 6 weeks prior to the date on 
which the employee's parental leave is due to expire, and will provide to the 
relevant manager such information as may reasonably be required, including the 
proportion of time sought, and the date that the relevant child is expected to 
commence school. 

(b) At least 6 weeks prior to the relevant child commencing school, the employee will 
advise the relevant manager whether the employee will revert to employment on 
a full time basis or seek to continue to be employed on a part time basis. 

5.6.14 Where an employee, upon their return to work from parental leave is breastfeeding, 
ONRSR will grant the employee paid breaks each day and provide access to 
comfortable, private facilities for the purpose of breastfeeding and storing breast milk. 

5.7 Compassionate leave 

5.7.1 An employee, other than a casual employee, is entitled to 3 days of paid compassionate 
leave per permissible occasion. 

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(a) the total period of paid parental leave does not exceed the applicable maximum; and (b) regard is given to the operational needs of ONRSR. 5.6.12 In addition to the paid parental leave entitlements outlined above, employees, other than casual employees, may apply for special leave with pay in accordance with clause 5.8 in the following circumstances: (a) Prenatal leave Leave to enable a female employee to attend medical appointments and/or treatment required before the birth and directly related to the pregnancy that cannot otherwise be reasonably be undertaken outside of normal working hours. (b) Fertility Treatment leave Leave to enable an employee to undertake recognised fertility treatment(s) that cannot reasonably be undertaken or are not provided outside normal working hours. (c) Prenatal Partner leave Leave to enable an employee to provide care and support to their partner while attending medical appointments or receiving treatment associated with fertility treatment or the pregnancy that cannot otherwise be reasonably accommodated outside of normal working hours. (d) Pre-adoption and Pre- Long Term Fostering leave Leave to enable an employee to attend appointments associated with adoption or long term fostering that cannot otherwise be reasonably accommodated outside of normal working hours. For the purposes of this clause, the child: (i) must be under 16 years of age; (ii) has not, or will not have, lived continuously with the employee for a period of six months or more as at the day (or expected day) of placement; and (iii) is not (otherwise than because of the adoption) a child of the employee or the employee's spouse/partner. 5.6.13 An employee is entitled to return to work after primary carer's leave (and any subsequent period of unpaid parental leave) on a part time basis, at the employee's substantive level, until the child commences school under the following conditions: (a) The employee will provide such request at least 6 weeks prior to the date on which the employee's parental leave is due to expire, and will provide to the relevant manager such information as may reasonably be required, including the proportion of time sought, and the date that the relevant child is expected to commence school. (b) At least 6 weeks prior to the relevant child commencing school, the employee will advise the relevant manager whether the employee will revert to employment on a full time basis or seek to continue to be employed on a part time basis. 5.6.14 Where an employee, upon their return to work from parental leave is breastfeeding, ONRSR will grant the employee paid breaks each day and provide access to comfortable, private facilities for the purpose of breastfeeding and storing breast milk. 5.7 Compassionate leave 5.7.1 An employee, other than a casual employee, is entitled to 3 days of paid compassionate leave per permissible occasion. safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 22 of 47




 



5. 7 .2 Compassionate leave may be taken as a single continuous 3 day period, or 3 separate 
periods of 1 day each, or any separate periods (including on an hourly basis) as agreed 
between the employee and ONRSR. 

5.7.3 If the permissible occasion is the contraction or development of a personal illness, or the 
sustaining of a personal injury, the employee may take the compassionate leave for that 
occasion at any time while the illness or injury persists. 

5.7.4 If requested, the employee will provide evidence of the relevant illness, injury or death to 
ONRSR. 

5.7.5 In addition to the above entitlements, an employee, other than a casual employee, may 
apply for special leave with pay in accordance with clause 5.8 if the employee has 
exhausted their compassionate leave for a permissible occasion. Special leave with pay 
should only be granted in circumstances where the relevant manager is satisfied that it is 
not practical or reasonable for alternative arrangements to be made. This includes the 
use of other leave entitlements, flexible work arrangements or flexitime credits. 

5.7.6 All requests for extended compassionate leave pursuant to clause 8 should consider the 
following factors: 

(a) the nature of the relationship and the level of emotional involvement the 
employee has with the sick or injured person or had with the deceased; 

(b) the circumstances of the injury, illness or death; 

(c) the extent to which a person is held responsible for making any funeral or other 
arrangements in relation to the injury, illness or death; 

(d) the specific and immediate responsibilities of the person in relation to family 
support and the care of others; and 

(e) cultural expectations that impose observance of particular modes of grief or 
family responsibility. 

5.7.7 If an employee is unable to return to work following bereavement due to grief and 
distress the employee may apply for a period of personal leave or another relevant type 
of leave. Employees may also seek to utilise other combinations of leave for the death of 
a person other than a member of their immediate family or household. 

5.7.8 If the employee's paid leave entitlements are exhausted, an employee may seek 
approval from ONRSR to take unpaid leave for compassionate reasons. 

5.8 Special leave with pay 

5.8.1 Special leave with pay may be granted to employees, other than casual employees, who 
require a period away from their duties for a variety of reasons or where other paid leave 
has been exhausted or is not suitable. 

5.8.2 Special leave with pay may include but is not limited to: 

(a) domestic violence leave; 

(b) cultural, religious or ceremonial leave; 

(c) extended compassionate leave; or 

(d) assistance for employees who identify as transgender who are undertaking 
Gender Transition. 

(e) emergency situations leave such as residential premises being affected by flood, 
fire, or other damage. 

5.8.3 An employee may be granted up to 15 days of special leave with pay in each service 
year for immediate and pressing family and personal pursuits and responsibilities that 
are unable to be attended to outside normal working hours. 

5.8.4 Special leave with pay does not accumulate from year to year. 

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5.7.2 Compassionate leave may be taken as a single continuous 3 day period, or 3 separate periods of 1 day each, or any separate periods (including on an hourly basis) as agreed between the employee and ONRSR. 5.7.3 If the permissible occasion is the contraction or development of a personal illness, or the sustaining of a personal injury, the employee may take the compassionate leave for that occasion at any time while the illness or injury persists. 5.7.4 If requested, the employee will provide evidence of the relevant illness, injury or death to ONRSR. 5.7.5 In addition to the above entitlements, an employee, other than a casual employee, may apply for special leave with pay in accordance with clause 5.8 if the employee has exhausted their compassionate leave for a permissible occasion. Special leave with pay should only be granted in circumstances where the relevant manager is satisfied that it is not practical or reasonable for alternative arrangements to be made. This includes the use of other leave entitlements, flexible work arrangements or flexitime credits. 5.7.6 All requests for extended compassionate leave pursuant to clause 8 should consider the following factors: (a) the nature of the relationship and the level of emotional involvement the employee has with the sick or injured person or had with the deceased; (b) the circumstances of the injury, illness or death; (c) the extent to which a person is held responsible for making any funeral or other arrangements in relation to the injury, illness or death; (d) the specific and immediate responsibilities of the person in relation to family support and the care of others; and (e) cultural expectations that impose observance of particular modes of grief or family responsibility. 5.7.7 If an employee is unable to return to work following bereavement due to grief and distress the employee may apply for a period of personal leave or another relevant type of leave. Employees may also seek to utilise other combinations of leave for the death of a person other than a member of their immediate family or household. 5.7.8 If the employee's paid leave entitlements are exhausted, an employee may seek approval from ONRSR to take unpaid leave for compassionate reasons. 5.8 Special leave with pay 5.8.1 Special leave with pay may be granted to employees, other than casual employees, who require a period away from their duties for a variety of reasons or where other paid leave has been exhausted or is not suitable. 5.8.2 Special leave with pay may include but is not limited to: (a) domestic violence leave; (b) cultural, religious or ceremonial leave; (c) extended compassionate leave; or (d) assistance for employees who identify as transgender who are undertaking Gender Transition. (e) emergency situations leave such as residential premises being affected by flood, fire, or other damage. 5.8.3 An employee may be granted up to 15 days of special leave with pay in each service year for immediate and pressing family and personal pursuits and responsibilities that are unable to be attended to outside normal working hours. 5.8.4 Special leave with pay does not accumulate from year to year. safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 23 of 47




 



5.8.5 Special leave with pay is not an entitlement and will only be granted to employees at the 
discretion of the relevant manager for up to 2 days leave in each service year, or the 
Executive Director for more than 2 days leave in each service year, according to the 
circumstances of the employee. This includes circumstances where the Executive 
Director is satisfied that it is not practical or reasonable for alternative arrangements to 
be made (including flexible work arrangements or using flexitime credits). 

5.8.6 The Executive Director may request reasonable evidence of the legitimate need for the 
employee to access special leave with pay. 

5.9 Community service leave 

5.9.1 An employee, other than a casual employee, who engages in an eligible community 
service activity is entitled to community service leave on full pay while they are engaged 
in that activity. 

5.9.2 Eligible community service activities include: 

(a) Attend for jury service. Subject to ONRSR business needs, an employee called 
for jury service may be required to apply for a deferral; 

(b) Carry out voluntary emergency management activity; and 

(c) Carry out other activities of a community service nature. 

5.9.3 If an employee seeks to access community service leave, they must provide ONRSR 
with: 

(a) notice of the absence, as soon as practicable; 

(b) the period, or expected period, of the absence; and 

(c) if required by ONRSR, evidence that the absence is because the employee will 
be engaging in a community service activity. 

5.9.4 An employee granted leave to carry out voluntary emergency management activity is 
entitled to a further 1 day of leave on full pay on the completion of the activity for 
recovery purposes. 

5.9.5 If an employee is required to attend for jury service, any jury fee received other than any 
reasonable expenses actually incurred over and above those which the employee would 
normally incur, must be repaid to ONRSR. 

5.10 Attendance in court as a witness 

5.10.1 When an employee is required to attend court as a witness on behalf of ONRSR they 
are regarded as being on duty, and it is not necessary to grant special leave with pay. In 
these circumstances employees must not accept witness fees. 

5.10.2 Employees who are subpoenaed as a witness or defending a civil action in court may, at 
the discretion of the relevant manager, be granted paid leave to attend court for that 
purpose. 

5.10.3 Court appearances in other situations must be covered by other leave entitlements or 
leave without pay. 

5.11 Blood donor's leave 

5.11.1 An employee who volunteers or is requested by the Australian Red Cross Blood Service 
to attend a blood taking centre to donate whole blood, blood plasma or platelets may be 
permitted to do so during working hours. 

5.11.2 ONRSR may request an employee donating blood more frequently than every 12 weeks 
to provide a letter confirming attendance at the Australian Red Cross Blood Service. 

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5.8.5 Special leave with pay is not an entitlement and will only be granted to employees at the discretion of the relevant manager for up to 2 days leave in each service year, or the Executive Director for more than 2 days leave in each service year, according to the circumstances of the employee. This includes circumstances where the Executive Director is satisfied that it is not practical or reasonable for alternative arrangements to be made (including flexible work arrangements or using flexitime credits). 5.8.6 The Executive Director may request reasonable evidence of the legitimate need for the employee to access special leave with pay. 5.9 Community service leave 5.9.1 An employee, other than a casual employee, who engages in an eligible community service activity is entitled to community service leave on full pay while they are engaged in that activity. 5.9.2 Eligible community service activities include: (a) Attend for jury service. Subject to ONRSR business needs, an employee called for jury service may be required to apply for a deferral; (b) Carry out voluntary emergency management activity; and (c) Carry out other activities of a community service nature. 5.9.3 If an employee seeks to access community service leave, they must provide ONRSR with: (a) notice of the absence, as soon as practicable; (b) the period, or expected period, of the absence; and (c) if required by ONRSR, evidence that the absence is because the employee will be engaging in a community service activity. 5.9.4 An employee granted leave to carry out voluntary emergency management activity is entitled to a further 1 day of leave on full pay on the completion of the activity for recovery purposes. 5.9.5 If an employee is required to attend for jury service, any jury fee received other than any reasonable expenses actually incurred over and above those which the employee would normally incur, must be repaid to ONRSR. 5.10 Attendance in court as a witness 5.10.1 When an employee is required to attend court as a witness on behalf of ONRSR they are regarded as being on duty, and it is not necessary to grant special leave with pay. In these circumstances employees must not accept witness fees. 5.10.2 Employees who are subpoenaed as a witness or defending a civil action in court may, at the discretion of the relevant manager, be granted paid leave to attend court for that purpose. 5.10.3 Court appearances in other situations must be covered by other leave entitlements or leave without pay. 5.11 Blood donor's leave 5.11.1 An employee who volunteers or is requested by the Australian Red Cross Blood Service to attend a blood taking centre to donate whole blood, blood plasma or platelets may be permitted to do so during working hours. 5.11.2 ONRSR may request an employee donating blood more frequently than every 12 weeks to provide a letter confirming attendance at the Australian Red Cross Blood Service. safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 24 of 47




 



5.11.3 The relevant manager will grant paid leave to an employee, other than a casual 
employee, for reasonable travelling and attendance time to enable them to donate blood. 

5.12 Defence Reserve leave 

5.12.1 An employee required to complete Defence Reserve service will be given unpaid leave 
for that purpose. Such an employee must consult with ONRSR regarding the proposed 
timing of the service and will give ONRSR as much notice as possible of the time the 
service will take place. 

5.12.2 Where the base salary excluding allowances received by the employee from the 
Australian Defence Force in respect of Defence Reserve service during their ordinary 
hours of work is below the employee's salary, ONRSR will, unless exceptional 
circumstances arise, pay the employee make-up pay for the period of Defence Reserve 
leave, up to the following limits: 

(a) 32 days per period of Defence Reserve service; or 

(b) where the employee is a First Year Reservist, 46 days per period. 

5.12.3 The above entitlements are in addition to an employee's entitlements under the Defence 
Reserve Service (Protection) Act 2001 (Cth). 

5.12.4 Defence Reserve leave will only be approved following completion of the relevant notice 
of ADF reserve service form. 

5.13 Disability resulting from war service 

5.13.1 War service disability leave may be granted to an employee who served with the 
Australian Defence Forces and who is absent because of a disability accepted by the 
Department of Veteran Affairs as due to qualifying service in an operational area as 
defined in the Veterans Entitlement Act 1986. 

5.13.2 For the purposes of this clause, peacetime operations are not recognised as war-like or 
non war-like service for the purposes of war service disability leave. 

5.13.3 The granting of such war service disability leave is on the following basis: 

(a) a non-accumulative credit of the equivalent of 9 weeks. As from the date of 
commencement of employment with ONRSR, each ex-service person is granted 
a special non-accumulative war service disability credit of the equivalent of 9 
weeks (to be recorded in hours). 

(b) an accumulative credit of the equivalent of 3 weeks annually. 

5.13.4 This entitlement will accumulate for 3 service years (up to a maximum credit of 45 
working days) and re-accumulate if used. 

5.13.5 The maximum credit which may be accumulated on 1 July in any year is the equivalent 
of 45 working days inclusive of the current year's credit. 

5.13.6 The accumulated credit can be utilised only when the non-accumulative credit has been 
exhausted. 

5.13. 7 Each application must be supported by a medical certificate for the period of absence 
stating the nature of the disability suffered by the employee. Leave will be granted only if 
evidence has been submitted that the disability shown on the medical certificate has 
been accepted by the Department of Veteran's Affairs as due to war-like or non war-like 
service ( excluding peace time operations). 

5.13.8 War service disability leave granted to an employee will be on full pay irrespective of 
repatriation benefits. 

5.13.9 The leave available under this arrangement is in addition to normal personal leave 
entitlements. 

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5.11.3 The relevant manager will grant paid leave to an employee, other than a casual employee, for reasonable travelling and attendance time to enable them to donate blood. 5.12 Defence Reserve leave 5.12.1 An employee required to complete Defence Reserve service will be given unpaid leave for that purpose. Such an employee must consult with ONRSR regarding the proposed timing of the service and will give ONRSR as much notice as possible of the time the service will take place 5.12.2 Where the base salary excluding allowances received by the employee from the Australian Defence Force in respect of Defence Reserve service during their ordinary hours of work is below the employee's salary, ONRSR will, unless exceptional circumstances arise, pay the employee make-up pay for the period of Defence Reserve leave, up to the following limits: (a) 32 days per period of Defence Reserve service; or (b) where the employee is a First Year Reservist, 46 days per period. 5.12.3 The above entitlements are in addition to an employee's entitlements under the Defence Reserve Service (Protection) Act 2001 (Cth). 5.12.4 Defence Reserve leave will only be approved following completion of the relevant notice of ADF reserve service form. 5.13 Disability resulting from war service 5.13.1 War service disability leave may be granted to an employee who served with the Australian Defence Forces and who is absent because of a disability accepted by the Department of Veteran Affairs as due to qualifying service in an operational area as defined in the Veterans Entitlement Act 1986. 5.13.2 For the purposes of this clause, peacetime operations are not recognised as war-like or non war-like service for the purposes of war service disability leave. 5.13.3 The granting of such war service disability leave is on the following basis: (a) a non-accumulative credit of the equivalent of 9 weeks. As from the date of commencement of employment with ONRSR, each ex-service person is granted a special non-accumulative war service disability credit of the equivalent of 9 weeks (to be recorded in hours). (b) an accumulative credit of the equivalent of 3 weeks annually. 5.13.4 This entitlement will accumulate for 3 service years (up to a maximum credit of 45 working days) and re-accumulate if used. 5.13.5 The maximum credit which may be accumulated on 1 July in any year is the equivalent of 45 working days inclusive of the current year's credit. 5.13.6 The accumulated credit can be utilised only when the non-accumulative credit has been exhausted. 5.13.7 Each application must be supported by a medical certificate for the period of absence stating the nature of the disability suffered by the employee. Leave will be granted only if evidence has been submitted that the disability shown on the medical certificate has been accepted by the Department of Veteran's Affairs as due to war-like or non war-like service (excluding peace time operations). 5.13.8 War service disability leave granted to an employee will be on full pay irrespective of repatriation benefits. 5.13.9 The leave available under this arrangement is in addition to normal personal leave entitlements. saje railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 25 of 47




 



5.14 Elite athletes 

5.14.1 A relevant manager may at their discretion consider and approve applications for paid 
leave by an employee (other than a casual employee) who is an elite athlete provided 
that the employee meets 1 or more of the following criteria: 

(a) they will compete at an Olympic, Paralympic or Commonwealth Games in an 
eligible sport; 

(b) they are ranked in the top 10 in the world in an eligible sport; or 

( c) they are a member of a national or state/territory team/squad of an eligible sport. 

5.14.2 The relevant manager may approve paid leave for elite athletes for the period of peak 
official competition attendance plus up to 2 days travelling time for each such 
attendance. They may also approve up to the equivalent of 10 working days per service 
year for official Commonwealth, Paralympic or Olympic Games lead up camps. 

5.14.3 The relevant manager may exercise discretion to allow further support for other training 
or competitive events. 

5.14.4 Applications for paid leave under this clause must be accompanied by a copy of the 
appropriate Australian ( or where appropriate state/territory) body's official advice to the 
employee of the employee's selection as an Australian ( or where appropriate 
state/territory) representative and a copy of the official itinerary or details of the training 
camps. 

5.14.5 Where paid leave under this clause is requested and the criteria are not met, then the 
relevant manager may consider granting special leave without pay, annual leave or long 
service leave, or allowing the employee to utilise flexible working arrangements or 
flexitime credits. 

5.15 Trade union training 

5.15.1 The relevant manager may grant paid leave to employees, other than casual employees, 
who are members of recognised employee organisations to attend trade union training 
courses. 

5.15.2 If paid leave is approved, the work of ONRSR must be a priority and the privilege may 
be withdrawn at any time if it is considered necessary. 

5.15.3 Paid leave under this clause may be granted to an eligible employee up to a maximum 
of the equivalent of 10 working days during 2 years, to be calculated from the date the 
employee is first granted leave to attend a trade union training course. Paid leave in 
excess of this entitlement may be granted in special circumstances at the discretion of 
the relevant manager, but in no case will the amount exceed the equivalent of 20 
working days during 2 years. 

5.15.4 All costs related to the attendance at a course will be the responsibility of the recognised 
employee organisation. 

5.16 Study leave 

5.16.1 An employee, other than a casual employee, may apply for paid study leave in the 
following circumstances: 

(a) the course being undertaken is relevant to the operations of ONRSR or the 
particular requirements of the employee's position; 

(b) the time being taken does not interfere with the operational requirements of 
ONRSR; and 

(c) paid study time does not exceed a maximum of 5 hours per week, to accrue on 
the basis of 1 hour for each hour of attendance. 

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5.14 Elite athletes 5.14.1 A relevant manager may at their discretion consider and approve applications for paid leave by an employee (other than a casual employee) who is an elite athlete provided that the employee meets 1 or more of the following criteria: (a) they will compete at an Olympic, Paralympic or Commonwealth Games in an eligible sport; (b) they are ranked in the top 10 in the world in an eligible sport; or (c) they are a member of a national or state/territory team/squad of an eligible sport. 5.14.2 The relevant manager may approve paid leave for elite athletes for the period of peak official competition attendance plus up to 2 days travelling time for each such attendance. They may also approve up to the equivalent of 10 working days per service year for official Commonwealth, Paralympic or Olympic Games lead up camps. 5.14.3 The relevant manager may exercise discretion to allow further support for other training or competitive events. 5.14.4 Applications for paid leave under this clause must be accompanied by a copy of the appropriate Australian (or where appropriate state/territory) body's official advice to the employee of the employee's selection as an Australian (or where appropriate state/territory) representative and a copy of the official itinerary or details of the training camps. 5.14.5 Where paid leave under this clause is requested and the criteria are not met, then the relevant manager may consider granting special leave without pay, annual leave or long service leave, or allowing the employee to utilise flexible working arrangements or flexitime credits. 5.15 Trade union training 5.15.1 The relevant manager may grant paid leave to employees, other than casual employees, who are members of recognised employee organisations to attend trade union training courses. 5.15.2 If paid leave is approved, the work of ONRSR must be a priority and the privilege may be withdrawn at any time if it is considered necessary. 5.15.3 Paid leave under this clause may be granted to an eligible employee up to a maximum of the equivalent of 10 working days during 2 years, to be calculated from the date the employee is first granted leave to attend a trade union training course. Paid leave in excess of this entitlement may be granted in special circumstances at the discretion of the relevant manager, but in no case will the amount exceed the equivalent of 20 working days during 2 years. 5.15.4 All costs related to the attendance at a course will be the responsibility of the recognised employee organisation. 5.16 Study leave 5.16.1 An employee, other than a casual employee, may apply for paid study leave in the following circumstances: (a) the course being undertaken is relevant to the operations of ONRSR or the particular requirements of the employee's position; (b) the time being taken does not interfere with the operational requirements of ONRSR; and (c) paid study time does not exceed a maximum of 5 hours per week, to accrue on the basis of 1 hour for each hour of attendance. sale railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 26 of 47




 



5.16.2 Study time may be granted to both full and part time employees. Part time employees 
will be entitled to a pro-rata allocation of study time to that of a full time employee. 

5.16.3 Study time may be used for: 

(a) attending compulsory lectures, tl!torials, practicals, examinations, residential 
schools etc. where these are held during working hours; 

(b) necessary travel during working hours to attend lectures, tutorials, practicals, 
examinations etc. held during or outside working hours; and/or 

( c) private study. 

5.16.4 Study time will not be granted for repeated subjects. 

5.16.5 Study time can be taken on a regular basis or in a block of time. 

5.17 Annual Christmas close down 

5.17 .1 ONRSR's offices will be closed for normal business purposes during the period from 25 
December to the first working day following the first day of January. 

5.17 .2 Employees will be provided with time off for the working days between Christmas and 
New Year's Day and will be paid in accordance with their ordinary hours of work. The 
use of flexitime credits or paid leave is not required on these days. 

5.17.3 If an employee is recalled to duty to attend an emergency during a period of annual 
Christmas close down leave, the employee is entitled to overtime at the applicable rate 
for the day(s) worked in accordance with clause 3.4.3, or time off in lieu of overtime in 
accordance with clause 3.5. 

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5.16.2 Study time may be granted to both full and part time employees. Part time employees will be entitled to a pro-rata allocation of study time to that of a full time employee. 5.16.3 Study time may be used for: (a) attending compulsory lectures, tutorials, practicals, examinations, residential schools etc. where these are held during working hours; (b) necessary travel during working hours to attend lectures, tutorials, practicals, examinations etc. held during or outside working hours; and/or (c) private study. 5.16.4 Study time will not be granted for repeated subjects. 5.16.5 Study time can be taken on a regular basis or in a block of time. 5.17 Annual Christmas close down 5.17.1 ONRSR's offices will be closed for normal business purposes during the period from 25 December to the first working day following the first day of January. 5.17.2 Employees will be provided with time off for the working days between Christmas and New Year's Day and will be paid in accordance with their ordinary hours of work. The use of flexitime credits or paid leave is not required on these days. 5.17.3 If an employee is recalled to duty to attend an emergency during a period of annual Christmas close down leave, the employee is entitled to overtime at the applicable rate for the day(s) worked in accordance with clause 3.4.3, or time off in lieu of overtime in accordance with clause 3.5. safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 27 of 47




 



This section provides detail on ONRSR's commitments to its employees including: 

 Balancing work and life 

 Work Health and Safety 

 Performance management and development 

 Major workplace change 

 Relocation of employees to another workplace 

 Joint Consultative Committee 

 Dispute resolution 

 Freedom of association 

 Union rights 

6.1 Balancing work and life 

6.1.1 ONRSR recognises the importance of employees balancing work and personal life. 

6.1.2 ONRSR aims to provide sufficient support and flexibility in the workplace to assist 
employees in achieving a work and life balance. While family friendly initiatives are 
important aspects of a work and life balance, ONRSR aims to support employees at all 
stages in their working lives. 

6.1.3 Throughout this Agreement arrangements are provided to assist employees in achieving 
a work and life balance. 

6.2 Work Health and Safety 

6.2.1 ONRSR recognises its duty of care and is committed to ensuring so far as is reasonably 
practicable that the health and safety of workers and other persons are not put at risk as 
a result of work carried out by or on behalf of ONRSR. 

6.2.2 ONRSR's aim is to minimise the risk of injury and disease to our workers and other 
persons by exercising due diligence and adopting a planned and systematic approach to 
the management of workplace health and safety. 

6.2.3 Where ONRSR determines that prescription safety glasses are required to be worn by 
an employee to conduct regulatory activities, ONRSR will pay the employee $350 
towards the purchase of such glasses. 

Where prescription safety glasses are required the following will apply: 

(a) an employee is required to provide confirmation to ONRSR that optical aids are 
necessary to undertake their duties. Detailed written confirmation is required from 
an optometrist, ophthalmologist, medical practitioner or other appropriately 
qualified person stating that the employee requires these glasses in order to 
safely carry out their employment duties and should include a copy of the 
prescription; 

(b) the cost of vision testing will be the responsibility of the employee; 

(c) eye protection supplied must meet Australian Standard AS 1337; 

(d) the payment towards the prescription safety glasses will be payable on one set of 
corrective lenses once every two (2) years (based on the date of purchase), 
unless documented evidence of deterioration is provided by an optometrist, 
ophthalmologist, medical practitioner or appropriately qualified person; 

(e) there is no requirement for ONRSR to provide any further eye protection to an 
employee who has been provided with assistance to purchase prescription safety 
glasses; 

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 This section provides detail on ONRSR's commitments to its employees including:  Balancing work and life Work Health and Safety  Performance management and development  Major workplace change  Relocation of employees to another workplace Joint Consultative Committee  Dispute resolution  Freedom of association  Union rights 6.1 Balancing work and life 6.1.1 ONRSR recognises the importance of employees balancing work and personal life. 6.1.2 ONRSR aims to provide sufficient support and flexibility in the workplace to assist employees in achieving a work and life balance. While family friendly initiatives are important aspects of a work and life balance, ONRSR aims to support employees at all stages in their working lives. 6.1.3 Throughout this Agreement arrangements are provided to assist employees in achieving a work and life balance. 6.2 Work Health and Safety 6.2.1 ONRSR recognises its duty of care and is committed to ensuring so far as is reasonably practicable that the health and safety of workers and other persons are not put at risk as a result of work carried out by or on behalf of ONRSR. 6.2.2 ONRSR's aim is to minimise the risk of injury and disease to our workers and other persons by exercising due diligence and adopting a planned and systematic approach to the management of workplace health and safety. 6.2.3 Where ONRSR determines that prescription safety glasses are required to be worn by an employee to conduct regulatory activities, ONRSR will pay the employee $350 towards the purchase of such glasses. Where prescription safety glasses are required the following will apply: (a) an employee is required to provide confirmation to ONRSR that optical aids are necessary to undertake their duties. Detailed written confirmation is required from an optometrist, ophthalmologist, medical practitioner or other appropriately qualified person stating that the employee requires these glasses in order to safely carry out their employment duties and should include a copy of the prescription; (b) the cost of vision testing will be the responsibility of the employee; (c) eye protection supplied must meet Australian Standard AS 1337; (d) the payment towards the prescription safety glasses will be payable on one set of corrective lenses once every two (2) years (based on the date of purchase), unless documented evidence of deterioration is provided by an optometrist, ophthalmologist, medical practitioner or appropriately qualified person; (e) there is no requirement for ONRSR to provide any further eye protection to an employee who has been provided with assistance to purchase prescription safety glasses; safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 28 of 47 



(f) an employee requiring the payment for prescriptive safety glasses must discuss 
the requirement and options with their manager before proceeding to claim the 
payment or proceeding to arrange purchase; and 

(g) if prescription safety glasses are prescribed, and the employee meets the 
eligibility criteria, the payment will be reimbursed following presentation of an 
application email with receipts to the relevant Director Operations or Executive. 

6.3 Performance management and development 

6.3.1 ONRSR recognises the importance of a clear and transparent performance 
management and development framework linked to ongoing learning and development 
that align with the strategic priorities and workforce requirements. 

6.3.2 To support the achievement of strategic and corporate priorities, managers and 
employees need to: 

(a) align learning and development initiatives with ONRSR goals and objectives and 
workforce requirements, and integrate learning and development activities with 
business practices and processes; 

(b) foster a learning culture by accepting a shared responsibility for improved 
learning and development outcomes; and 

(c) actively contribute to the process of developing, reviewing and monitoring goals 
through regular performance reviews. 

6.3.3 At the conclusion of the performance review process (review stage), managers will give 
written feedback to their employees on the level of performance, including the reason/s 
why an increment increase is agreed / not agreed in accordance with clause 4.1.3 and 
4.1.4. 

6.3.4 Learning and development needs, where these relate to an essential qualification 
required to perform an employee's duties, will be funded by ONRSR. Managers may 
approve funding of other learning and development needs where these are agreed 
between the manager and the employee. 

6.4 Major workplace change 

6.4.1 This term 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. 

6.4.2 For a major change referred to in paragraph 6.4.1 (a): 

(a) the employer must notify the relevant employees of the decision to introduce the 
major change; and 

(b) subclauses 6.4.3 to 6.4.9 apply. 

6.4.3 The relevant employees may appoint a representative for the purposes of the 
procedures in this term (which may include the Joint Consultative Committee as set out 
in 6.6) 

6.4.4 If: 

(a) a relevant employee appoints, or relevant employees appoint, a representative 
for the purposes of consultation; and 

(b) the employee or employees advise the employer of the identity of the 
representative; 

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(f) an employee requiring the payment for prescriptive safety glasses must discuss the requirement and options with their manager before proceeding to claim the payment or proceeding to arrange purchase; and (g) if prescription safety glasses are prescribed, and the employee meets the eligibility criteria, the payment will be reimbursed following presentation of an application email with receipts to the relevant Director Operations or Executive. 6.3 Performance management and development 6.3.1 ONRSR recognises the importance of a clear and transparent performance management and development framework linked to ongoing learning and development that align with the strategic priorities and workforce requirements. 6.3.2 To support the achievement of strategic and corporate priorities, managers and employees need to: (a) align learning and development initiatives with ONRSR goals and objectives and workforce requirements, and integrate learning and development activities with business practices and processes; (b) foster a learning culture by accepting a shared responsibility for improved learning and development outcomes; and (c) actively contribute to the process of developing, reviewing and monitoring goals through regular performance reviews. 6.3.3 At the conclusion of the performance review process (review stage), managers will give written feedback to their employees on the level of performance, including the reason/s why an increment increase is agreed / not agreed in accordance with clause 4.1.3 and 4.1.4. 6.3.4 Learning and development needs, where these relate to an essential qualification required to perform an employee's duties, will be funded by ONRSR. Managers may approve funding of other learning and development needs where these are agreed between the manager and the employee. 6.4 Major workplace change 6.4.1 This term 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. 6.4.2 For a major change referred to in paragraph 6.4.1 (a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses 6.4.3 to 6.4.9 apply. 6.4.3 The relevant employees may appoint a representative for the purposes of the procedures in this term (which may include the Joint Consultative Committee as set out in 6.6) 6.4.4 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 29 of 47




 



the employer must recognise the representative. 

6.4.5 As soon as practicable after making its decision, the employer must: 

(a) discuss with the relevant employees: 

(i) the introduction of the change; 

(ii) the effect the change is likely to have on the employees; and 

(iii) measures the employer is taking to avert or mitigate the adverse effect of 
the change on the employees; and 

(b) for the purposes of the discussion - provide, in writing, to the relevant employees: 

(i) all relevant information about the change including the nature of the change 
proposed; 

(ii) information about the expected effects of the change on the employees; 
and 

(iii) any other matters likely to affect the employees. 

6.4.3 However, the employer is not required to disclose confidential or commercially 
sensitive information to the relevant employees. 

6.4.6 The employer must give prompt and genuine consideration to matters raised about the 
major change by the relevant employees. 

6.4. 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 paragraph 6.4.2(a) and subclauses 6.4.3 and 6.4.5 are taken not 
to apply. 

6.4.8 In this term, 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 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. 

Change to regular roster or ordinary hours of work. 

6.4.9 For a change referred to in paragraph (1 )(b): 

(a) the employer must notify the relevant employees of the proposed change; and 

(b) subclauses 6.4.11 to 6.4.15 apply. 

6.4.10 The relevant employees may appoint a representative for the purposes of the 
procedures in this term. 

6.4.11 If: 

(a) a relevant employee appoints, or relevant employees appoint, a representative 
for the purposes of consultation; and 

(b) the employee or employees advise the employer of the identity of the 
representative; 

the employer must recognise the representative. 

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the employer must recognise the representative. 6.4.5 As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion - provide, in writing, to the relevant employees: (i) all relevant information about the change including the nature of the change proposed; (ii). information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 6.4.3 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 6.4.6 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 6.4.7 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 paragraph 6.4.2(a) and subclauses 6.4.3 and 6.4.5 are taken not to apply. 6.4.8 In this term, 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 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. Change to regular roster or ordinary hours of work. 6.4.9 For a change referred to in paragraph (1)(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses 6.4.11 to 6.4.15 apply. 6.4.10 The relevant employees may appoint a representative for the purposes of the procedures in this term. 6.4.11 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. Safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 30 of 47




 



6.4.12 As soon as practicable after proposing to introduce the change, the employer must: 

(a) discuss with the relevant employees the introduction of the change; 

(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; 

(ii) information about what the employer reasonably believes will be the effects 
of the change on the employees; and 

(iii) information about any other matters that the employer reasonably believes 
are likely to affect the employees. 

(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). 

6.4.13 However, the employer is not required to disclose confidential or commercially sensitive 
information to the relevant employees. 

6.4.14 The employer must give prompt and genuine consideration to matters raised about the 
change by the relevant employees. 

6.4.15 In this term: 

relevant employees means the employees who may be affected by a change referred 
to in subclause 6.4.1. 

6.5 Relocation of Employees to another workplace 

6.5.1 Where ONRSR deems a need to permanently relocate an employee to another 
workplace that requires the employee to move their household to the new locality, 
ONRSR will cover the following costs associated with the relocation: 

(a) removal of furniture and effects and temporary storage to the new workplace 
location, utilising an ONRSR nominated removals and storage provider; 

(b) insurance of furniture and effects for the duration of the removal and any storage; 

(c) travel expenses (meals, accommodation, incidentals and flights) for the 
employee and their family to the new location in accordance with the relevant 
ATO rates for the current financial year; and 

(d) if required, a minimum of 14 days temporary accommodation. 

6.5.2 ONRSR will not cover the costs related to the selling, purchasing and/or renting of 
properties resulting from the redeployment. 

6.5.3 This clause does not apply to employees who voluntarily apply and are appointed to a 
position in a new location. 

6.6 Joint Consultative Committee 

6.6.1 ONRSR is committed to workplace participation and to that end will facilitate a Joint 
Consultative Committee (JCC) as a forum for communication between employees, 
employee representatives and management on matters pertaining to this Agreement. 

6.6.2 Meetings of the JCC will occur at least once every 2 months, although they can be held 
on a more frequent basis if the majority of participants agree this is required. 

6.6.3 ONRSR will provide reasonable time off from normal duties to allow participants to 
prepare for and attend the JCC. 

6.6.4 The JCC will be comprised of the following participants: 

(a)3 employees, to be elected by the employees covered by this Agreement; 

(b)2 representatives of ONRSR; 

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6.4.12 As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; (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; (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees. (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). 6.4.13 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 6.4.14 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 6.4.15 In this term: relevant employees means the employees who may be affected by a change referred to in subclause 6.4.1. 6.5 Relocation of Employees to another workplace 6.5.1 Where ONRSR deems a need to permanently relocate an employee to another workplace that requires the employee to move their household to the new locality, ONRSR will cover the following costs associated with the relocation: (a) removal of furniture and effects and temporary storage to the new workplace location, utilising an ONRSR nominated removals and storage provider; (b) insurance of furniture and effects for the duration of the removal and any storage; (c) travel expenses (meals, accommodation, incidentals and flights) for the employee and their family to the new location in accordance with the relevant ATO rates for the current financial year; and (d) if required, a minimum of 14 days temporary accommodation. 6.5.2 ONRSR will not cover the costs related to the selling, purchasing and/or renting of properties resulting from the redeployment. 6.5.3 This clause does not apply to employees who voluntarily apply and are appointed to a position in a new location. 6.6 Joint Consultative Committee 6.6.1 ONRSR is committed to workplace participation and to that end will facilitate a Joint Consultative Committee (JCC) as a forum for communication between employees, employee representatives and management on matters pertaining to this Agreement. 6.6.2 Meetings of the JCC will occur at least once every 2 months, although they can be held on a more frequent basis if the majority of participants agree this is required. 6.6.3 ONRSR will provide reasonable time off from normal duties to allow participants to prepare for and attend the JCC. 6.6.4 The JCC will be comprised of the following participants: (a)3 employees, to be elected by the employees covered by this Agreement; (b)2 representatives of ONRSR; safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 31 of 47




 



(c)1 chairperson nominated by ONRSR; and 

(d)1 employee to be nominated by the union covered by the Enterprise Agreement. 

6.6.5 The JGC may invite other persons to attend and participate in meetings, where it sees fit 
to do so. 

6.6.6 In relation to the election of employee representatives: 

(a) an initial election must be held as soon as practicable after this Agreement takes 
effect, and thereafter elections must be held every 2 years; 

(b) in the event that an employee representative ceases to be an employee or 
resigns from the JGC, and the next regular election is not due for at least 3 
months, an election must be held for the vacant position; 

(c) whenever an election is to be held, ONRSR must inform all employees and 
employee representatives covered by this Agreement and call for nominations; 

(d) any candidate for election must be nominated by at least 2 other employees 
covered by this Agreement; and 

(e) if at the specified closing date for nominations there are more candidates than 
positions available, ONRSR must conduct a secret ballot of the employees to 
determine who is to be elected. 

6.6. 7 Agenda items for the JGC meetings may include, but are not limited to: 

(a) work health and safety; 

(b) industrial issues arising from the implementation of this Agreement; 

(c) the development and implementation of ONRSR policies; 

(d) performance management programs; and 

(e) learning and development. 

6. 7 Dispute resolution 

6.7.1 Subject to clause 7.1.5, if a dispute arises about this Agreement, the National 
Employment Standards, or any other work-related matter (including a dispute about 
whether a workplace right has been breached), the parties to the dispute will attempt to 
resolve the dispute at the workplace level. 

6.7.2 If the matter cannot be resolved, a party may refer the dispute to Fair Work Commission 
for resolution. In resolving a dispute, Fair Work Commission may use any of its powers 
(including arbitration powers). 

6. 7 .3 Employees are entitled to be represented by a representative of their choice. ONRSR 
will recognise the representative for all purposes involved with the resolution of the 
dispute and will allow them to perform their role as representative. 

6. 7.4 ONRSR may also appoint a representative for the purpose of this clause if it chooses to 
do so. 

6.7.5 The parties to the dispute and their representatives must act in good faith in relation to 
the dispute. 

6.7.6 While the dispute is being resolved: 

(a) an employee must continue to perform their work as they would normally unless 
they have a reasonable concern about an imminent risk to their health or safety; 
and 

(b) an employee must comply with a direction given by ONRSR to perform other 
available work at the same workplace, or at another workplace, unless: 

(i) the work is not safe; 

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(c)1 chairperson nominated by ONRSR; and (d)1 employee to be nominated by the union covered by the Enterprise Agreement. 6.6.5 The JCC may invite other persons to attend and participate in meetings, where it sees fit to do so. 6.6.6 In relation to the election of employee representatives: (a) an initial election must be held as soon as practicable after this Agreement takes effect, and thereafter elections must be held every 2 years; (b) in the event that an employee representative ceases to be an employee or resigns from the JCC, and the next regular election is not due for at least 3 months, an election must be held for the vacant position; (c) whenever an election is to be held, ONRSR must inform all employees and employee representatives covered by this Agreement and call for nominations; (d) any candidate for election must be nominated by at least 2 other employees covered by this Agreement; and (e) if at the specified closing date for nominations there are more candidates than positions available, ONRSR must conduct a secret ballot of the employees to determine who is to be elected. 6.6.7 Agenda items for the JCC meetings may include, but are not limited to: (a) work health and safety; (b) industrial issues arising from the implementation of this Agreement; (c) the development and implementation of ONRSR policies; (d) performance management programs; and (e) learning and development. 6.7 Dispute resolution 6.7.1 Subject to clause 7.1.5, if a dispute arises about this Agreement, the National Employment Standards, or any other work-related matter (including a dispute about whether a workplace right has been breached), the parties to the dispute will attempt to resolve the dispute at the workplace level. 6.7.2 If the matter cannot be resolved, a party may refer the dispute to Fair Work Commission for resolution. In resolving a dispute, Fair Work Commission may use any of its powers (including arbitration powers). 6.7.3 Employees are entitled to be represented by a representative of their choice. ONRSR will recognise the representative for all purposes involved with the resolution of the dispute and will allow them to perform their role as representative. 6.7.4 ONRSR may also appoint a representative for the purpose of this clause if it chooses to do so. 6.7.5 The parties to the dispute and their representatives must act in good faith in relation to the dispute. 6.7.6 While the dispute is being resolved: (a) an employee must continue to perform their work as they would normally unless they have a reasonable concern about an imminent risk to their health or safety; anc (b) an employee must comply with a direction given by ONRSR to perform other available work at the same workplace, or at another workplace, unless: (i) the work is not safe; safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 32 of 47




 



(ii) applicable work health and safety legislation would not permit the work to 
be performed; 

(iii) the work is not appropriate for the employee to perform; or 

(iv) there are other reasonable grounds for the employee to refuse to comply 
with the direction. 

6.7.7 Subject to any stay or appeal, the parties to the dispute agree to be bound by a decision 
made by Fair Work Commission in accordance with this term. 

6.8 Freedom of association 

6.8.1 ONRSR recognises the freedom of association provisions of the Fair Work Act that 
ensure employees are free to choose whether or not to join a union. Irrespective of that 
choice, employees will not be disadvantaged or discriminated against in respect of the 
employees' employment under this Agreement. ONRSR recognises that employees who 
choose to be members of a union have the right to choose to have their industrial 
interests represented by the union. 

6.9 Union rights 

6.9.1 The entitlements under this clause may be exercised subject to the operational 
requirements of ONRSR. In any situation where the exercise of an entitlement under this 
clause would come into conflict with the operational requirements of ONRSR, the 
operational requirements of ONRSR will take precedence. 

6.9.2 ONRSR recognises the role of unions within the workplace. In order to facilitate a 
consultative and cooperative approach to employee relations, employees who have 
been elected or nominated as delegates of unions covered by this Agreement shall be 
allowed reasonable and sufficient time and reasonable facilities during working hours to 
enable them to attend to their duties as delegate, including: 

(a) representing members in enterprise bargaining; 

(b) representing the interests of members to the employer and industrial tribunals; 

(c) consulting with union members and other employees concerning enterprise 
agreement negotiations; 

(d) participating in the operation of the union; 

( e) attending union education in accordance with clause 5.15; and 

(f) addressing new employees about the benefits of union membership at the time 
that they enter employment. 

6.9.3 ONRSR will also provide reasonable access to facilities in order for delegates to carry 
out these duties, including telephone, facsimile, photocopier, stationery, computer with 
internet and email access and a notice board in the workplace. 

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(ii) applicable work health and safety legislation would not permit the work to be performed; (iii) the work is not appropriate for the employee to perform; or (iv) there are other reasonable grounds for the employee to refuse to comply with the direction. 6.7.7 Subject to any stay or appeal, the parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term. 6.8 Freedom of association 6.8.1 ONRSR recognises the freedom of association provisions of the Fair Work Act that ensure employees are free to choose whether or not to join a union. Irrespective of that choice, employees will not be disadvantaged or discriminated against in respect of the employees' employment under this Agreement. ONRSR recognises that employees who choose to be members of a union have the right to choose to have their industrial interests represented by the union. 6.9 Union rights 6.9.1 The entitlements under this clause may be exercised subject to the operational requirements of ONRSR. In any situation where the exercise of an entitlement under this clause would come into conflict with the operational requirements of ONRSR, the operational requirements of ONRSR will take precedence. 6.9.2 ONRSR recognises the role of unions within the workplace. In order to facilitate a consultative and cooperative approach to employee relations, employees who have been elected or nominated as delegates of unions covered by this Agreement shall be allowed reasonable and sufficient time and reasonable facilities during working hours to enable them to attend to their duties as delegate, including: (a) representing members in enterprise bargaining; (b) representing the interests of members to the employer and industrial tribunals; (c) consulting with union members and other employees concerning enterprise agreement negotiations; (d) participating in the operation of the union; (e) attending union education in accordance with clause 5.15; and (f) addressing new employees about the benefits of union membership at the time that they enter employment. 6.9.3 ONRSR will also provide reasonable access to facilities in order for delegates to carry out these duties, including telephone, facsimile, photocopier, stationery, computer with internet and email access and a notice board in the workplace. safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 33 of 47




 



This section provides detailed information for employees leaving ONRSR including: 

 Termination of employment 

 Resignation by the employee 

 Abandonment of employment 

 Employee reductions, redeployment, redundancy 

 Consultation process 

 Assistance with career transition 

 Redeployment to another position 

 Severance pay 

7.1 Termination of employment and notice 

7 .1.1 Permanent and temporary employees may have their employment terminated by 
ONRSR with 4 weeks' notice. 

7 .1.2 Where an employee is over 45 years of age and has at least 2 years continuous service 
they will be entitled to an additional 1 weeks' notice on termination. 

7.1.3 ONRSR may make a payment in lieu of all or any part of the notice that it is required to 
give to an employee under this clause. 

7.1.4 The notice period required by this clause does not apply in the case of dismissal for 
serious misconduct. In such cases ONRSR may terminate employment without notice. 

7.1.5 Termination of employment, or a decision to terminate employment, cannot be reviewed 
under the procedures for preventing and settling disputes in clause 6.7. 

7 .2 Resignation by the employee 

7.2.1 Employees who want to terminate their employment with ONRSR are required lo provide 
ONRSR with at least 4 weeks' notice. 

7 .3 Abandonment of employment 

7.3.1 ONRSR will take all reasonable steps to contact an employee following an unexplained 
absence from work. 

7.3.2 An employee absent from work for a continuous period of 5 working days or more, 
without the consent of ONRSR and without notification to ONRSR, is evidence that the 
employee may have abandoned their employment. 

7 .3.3 If within a period of 10 working days from the employee's last attendance at work or the 
date of their last absence in respect of which notification has been given or consent has 
been granted, an employee has not established to the satisfaction of ONRSR that they 
were absent for reasonable cause, the employee will be deemed to have abandoned 
their employment. 

7 .4 Employee reductions, redeployment, redundancy 

7.4.1 ONRSR may decide to declare 1 or more permanent positions redundant when the 
duties are no longer needed to be done by anyone. If an employee's position has been 
identified as redundant then that employee becomes potentially excess to ONRSR and 
may be either redeployed into another position or retrenched. 

7.4.2 An employee will be potentially excess if: 

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 This section provides detailed information for employees leaving ONRSR including:  Termination of employment  Resignation by the employee  Abandonment of employment  Employee reductions, redeployment, redundancy  Consultation process  Assistance with career transition  Redeployment to another position  Severance pay 7.1 Termination of employment and notice 7.1.1 Permanent and temporary employees may have their employment terminated by ONRSR with 4 weeks' notice. 7.1.2 Where an employee is over 45 years of age and has at least 2 years continuous service they will be entitled to an additional 1 weeks' notice on termination. 7.1.3 ONRSR may make a payment in lieu of all or any part of the notice that it is required to give to an employee under this clause. 7.1.4 The notice period required by this clause does not apply in the case of dismissal for serious misconduct. In such cases ONRSR may terminate employment without notice. 7.1.5 Termination of employment, or a decision to terminate employment, cannot be reviewed under the procedures for preventing and settling disputes in clause 6.7. 7.2 Resignation by the employee 7.2.1 Employees who want to terminate their employment with ONRSR are required to provide ONRSR with at least 4 weeks' notice. 7.3 Abandonment of employment 7.3.1 ONRSR will take all reasonable steps to contact an employee following an unexplained absence from work. 7.3.2 An employee absent from work for a continuous period of 5 working days or more, without the consent of ONRSR and without notification to ONRSR, is evidence that the employee may have abandoned their employment. 7.3.3 If within a period of 10 working days from the employee's last attendance at work or the date of their last absence in respect of which notification has been given or consent has been granted, an employee has not established to the satisfaction of ONRSR that they were absent for reasonable cause, the employee will be deemed to have abandoned their employment. 7.4 Employee reductions, redeployment, redundancy 7.4.1 ONRSR may decide to declare 1 or more permanent positions redundant when the duties are no longer needed to be done by anyone. If an employee's position has been identified as redundant then that employee becomes potentially excess to ONRSR and may be either redeployed into another position or retrenched. 7.4.2 An employee will be potentially excess if: sare railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 34 of 47 



(a) the employee is included in a group of employees which, in ONRSR's opinion, 
comprises a greater number of employees than is necessary for the efficient and 
economical working of ONRSR; 

(b) in the opinion of ONRSR, the services of the employee cannot be effectively 
used because of technological or other changes in the work methods of ONRSR 
or changes in the nature, extent or organisation of the functions of ONRSR; or 

(c) the duties to be performed by the employee are to be performed at a different 
locality and the employee is not willing to perform the duties at that locality and 
ONRSR has determined that the excess employee provisions apply to that 
employee. 

7 .5 Consultation process 

7.5.1 In accordance with clause 6.4, restructuring, including a reduction in employee numbers, 
of ONRSR is to occur by voluntary means where possible including natural attrition, 
redeployment, retraining and voluntary redundancy. Changes due to restructuring will be 
introduced in such a way that ONRSR will maintain employee levels that are appropriate 
to workload, in consultation with employees and their employee representatives, if any 
and if requested. 

7.5.2 Where ONRSR identifies a potentially excess situation it will notify the affected 
employee(s) and hold discussions as soon as possible. 

7.5.3 The discussions with the employee and employee representative will occur and will last 
no longer than 4 weeks unless otherwise agreed by the employee and ONRSR to 
consider: 

(a) any reasons for the proposed termination; 

(b) measures that may be taken to avoid the termination; 

(c) measures to mitigate any adverse effects of the termination on the employee(s) 
concerned; and 

( d) any option that may exist for redeploying the employee to another position at the 
same or lower salary level. 

7 .6 Assistance with career transition 

7.6.1 ONRSR will provide information and support services to enable excess employees to 
plan for their future. 

7.6.2 At its discretion, ONRSR may provide excess employees reasonable leave with pay to 
attend training or other courses to improve their future employment prospects. 

7.6.3 ONRSR will meet the cost of independent financial planning advice, career transition 
assistance and counselling for excess employees up to $500. 

7.6.4 Financial assistance for other courses and training may also be available for redeployed 
employees, at ONRSR's discretion. 

"7.6.5 An employee who receives advice of involuntary redundancy is entitled to reasonable 
leave with full pay to attend necessary job interviews. 

7. 7 Redeployment to another position 

7.7.1 ONRSR may redeploy an excess employee to another position within ONRSR. 

7.7.2 Where an excess employee agrees to be redeployed to a new locality and they are 
required to move their household to the new locality, ONRSR will negotiate the 
procedure and any entitlements relating to the transfer. 

7.7.3 If an employee refuses redeployment to another position, the employee will remain 
excess and be subject to the redundancy provision. 

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(a) the employee is included in a group of employees which, in ONRSR's opinion, comprises a greater number of employees than is necessary for the efficient and economical working of ONRSR; (b) in the opinion of ONRSR, the services of the employee cannot be effectively used because of technological or other changes in the work methods of ONRSR or changes in the nature, extent or organisation of the functions of ONRSR; or (c) the duties to be performed by the employee are to be performed at a different locality and the employee is not willing to perform the duties at that locality and ONRSR has determined that the excess employee provisions apply to that employee. 7.5 Consultation process 7.5.1 In accordance with clause 6.4, restructuring, including a reduction in employee numbers, of ONRSR is to occur by voluntary means where possible including natural attrition, redeployment, retraining and voluntary redundancy. Changes due to restructuring will be introduced in such a way that ONRSR will maintain employee levels that are appropriate to workload, in consultation with employees and their employee representatives, if any and if requested. 7.5.2 Where ONRSR identifies a potentially excess situation it will notify the affected employee(s) and hold discussions as soon as possible. 7.5.3 The discussions with the employee and employee representative will occur and will last no longer than 4 weeks unless otherwise agreed by the employee and ONRSR to consider: (a) any reasons for the proposed termination; (b) measures that may be taken to avoid the termination; (c) measures to mitigate any adverse effects of the termination on the employee(s) concerned; and (d) any option that may exist for redeploying the employee to another position at the same or lower salary level. 7.6 Assistance with career transition 7.6.1 ONRSR will provide information and support services to enable excess employees to plan for their future. 7.6.2 At its discretion, ONRSR may provide excess employees reasonable leave with pay to attend training or other courses to improve their future employment prospects. 7.6.3 ONRSR will meet the cost of independent financial planning advice, career transition assistance and counselling for excess employees up to $500. 7.6.4 Financial assistance for other courses and training may also be available for redeployed employees, at ONRSR's discretion. 7.6.5 An employee who receives advice of involuntary redundancy is entitled to reasonable leave with full pay to attend necessary job interviews. 7.7 Redeployment to another position 7.7.1 ONRSR may redeploy an excess employee to another position within ONRSR. 7.7.2 Where an excess employee agrees to be redeployed to a new locality and they are required to move their household to the new locality, ONRSR will negotiate the procedure and any entitlements relating to the transfer. 7.7.3 If an employee refuses redeployment to another position, the employee will remain excess and be subject to the redundancy provision. sale railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 35 of 47




 



7 .8 Severance pay 

7.8.1 Where an excess employee's position is involuntarily made redundant and the employee 
has not been redeployed, the employee will be entitled to a severance payment in 
accordance with the table below: 

Less than 1 years' service Nil 

1 - 2 years' service 4weeks' pay 

12 - 3 years' service 6 weeks' pay 

3 - '1 years' service 7 weeks' pay 

4 - 5 years' service 8 weeks' pay 

5 - 6 years' service 10 weeks' pay 

6 - 7 years' service 11 weeks' pay 

7 - 8 years' service 13 weeks' pay 

8 - 9 years' service 14 weeks' pay 

Over 9 years' service 16 weeks' pay 

7 .8.2 The severance payment is in addition to any entitlement to notice in accordance with 
clause 7.1 

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7.8 Severance pay 7.8.1 Where an excess employee's position is involuntarily made redundant and the employee has not been redeployed, the employee will be entitled to a severance payment in accordance with the table below: ess than 1 years' service Nil 1 - 2 years' service 4 weeks' pay 2 -3 years' service 6 weeks' pay 3 - 4 years' service 7 weeks' pay 4 - 5 years' service 8 weeks' pay 5 - 6 years' service 10 weeks' pay 6 - 7 years' service 11 weeks' pay 7 - 8 years' service 13 weeks' pay 8 -9 years' service 14 weeks' pay Over 9 years' service 16 weeks' pay 7.8.2 The severance payment is in addition to any entitlement to notice in accordance with clause 7.1 safe railways for Australia Office of the National Rail Safety Regulator Enterprise Agreement 2021-2025 Page 36 of 47




 



SIGNED for, and on behalf of: 

THE OFFICE OF THE NATIONAL RAIL SAFETY REGULATOR 

In~ ' ............................... . 

Witness 

.i.t.1¥1l.~ .. .. J~.l ;_e..J ... f ~.~ Iv s 
(Printed name in full) 

SIGNED for, and on behalf of: 
THE COMMUNITY AND PUBLIC SECTOR UNION 

Signed: 

Full Name: ............. ......... ..... ........ . .... ... .. .... ...... . 

Position: 

Address: 

SIGNED for, and on behalf of: 
THE EMPLOYEE BARGAINING REPRESENTATIVE 

~t'lk".\.U:~ J .... c~~/)Se I 
(Title/position) 

Signed ... ~aWfk1!V' , ................ , 
Full Name: lrysk&( lJm. fq_y.11. . .. , 

Position: ln/or!Y.}d,On .. MM~v.viui/:. .. 0/f, (,(,/1 

Address: LJ/ .1..f. ... H(i:Jt:/ IV} .fv.«JA. ... .. J.9-v./!AJ( 5 () O O 

This Agreement was signed on the /0.J(h day of j ~ 2011 


SIGNED for, and on behalf of: THE OFFICE OF THE NATIONAL RAIL SAFETY REGULATOR By a duly authorised officer (Signature) ONAL RAIL (Affix common seal here) = CHIEF EXECUTIVE Level 1, 75 Hindmarch Square Seal Adelaide SA 5000 01 /2021 In the presence of: Pauls EGULATOR * OFFICE OF Witness Laura Juliet Paulus General Counsel (Printed name in full) (Title/position) SIGNED for, and on behalf of: THE COMMUNITY AND PUBLIC SECTOR UNION Signed: Full Name: Position: Address: SIGNED for, and on behalf of: THE EMPLOYEE BARGAINING REPRESENTATIVE Guptalasayu Signed: Crystal Ann Payn. Full Name :.. .... Position: Information Management Officer L1/75 Hindmarch Square 5000 Address: This Agreement was signed on the 20th day of July 2021




 



Salaries at 
October 2020 

Non-Regulatory Employees 
(excl superannuation) 
Level 1 $61,576 

Level2 

Level3 

Level4 

Level5 

Level6 

Level7 

$62,224 
$62,872 
$63,520 
$64,169 
$64,817 

$71,419 
$72,163 
$72,907 
$73,651 
$74,395 
$75,139 

$82,821 
$83,685 
$84,549 
$85,413 
$86,278 
$87,142 

$93,624 
$94,608 
$95,593 
$96,577 
$97,561 
$98,546 

$105,148 
$106,252 
$107,356 
$108,460 
$109,565 
$110,669 

$118,231 
$119,479 
$120,728 
$121,976 
$123,224 
$124,472 

$132,034 
$133,427 
$134,819 
$136,211 
$137,604 
$138,996 

Salaries at 
October 2021 

(CPI % change) 

Salaries at 
October 2022 

(CPI % change) 

Salaries at 
October 2023 
(CPI % change) 

Salaries at 
October 2024 
(CPI % change) 


- Salaries at Salaries at Salaries at Salaries at Salaries at October 2020 October 2021 October 2022 October 2023 October 2024 (CPI % change) (CPI % change) (CPI % change) (CPI % change) Non-Regulatory Employees (excl superannuation Level 1 $61,576 $62,224 $62,872 $63,520 $64,169 $64,817 Level 2 $71,419 $72,163 $72,907 $73,651 $74,395 $75,139 Level 3 $82,821 $83,685 $84,549 $85,413 $86,278 $87,142 Level 4 $93,624 $94,608 $95,593 $96,577 $97,561 $98,546 Level 5 $105,148 $106,252 $107,356 $108,460 $109,565 $110,669 Level 6 $118,231 $119,479 $120,728 $121,976 $123,224 $124,472 Level 7 $132,034 $133,427 $134,819 $136,211 $137,604 $138,996




 



Salaries at Salaries at Salaries at Salaries at Salaries at 
October 2020 October 2021 October 2022 October 2023 October 2024 

(CPI % change) (CPI % change) (CPI % change) (CPI % change) 
Regulatory Employees 
(excl superannuation) 

Trainee RO1 
75% RO1 $70,218 
85% RO1 $79,580 

RO1 $93,624 
$95,641 
$97,657 
$99,674 
$101,691 
$103,707 

RO2 $105,148 
$107,404 
$109,661 
$111,917 
$114,174 
$116,430 

RO3 $118,231 
$120,776 
$123,320 
$125,865 
$128,409 
$130,954 

MRO $138,996 

Senior Managers 
(incl superannuation) 

Bands 2021 2022 2023 2024 2020 

SM1 $154,571-
$186,591 

SM2 $187,693-
$241,794 

SM3 $242,898 + 


Salaries at Salaries at Salaries at Salaries at Salaries at October 2020 October 2021 October 2022 October 2023 (CPI % change) October 2024 (CPI % change) (CPI % change) (CPI % change) Regulatory Employees (excl superannuation) Trainee RO1 75% RO1 $70,218 85% RO1 $79,580 RO1 $93,624 $95,641 $97,657 $99,674 $101,691 $103,707 RO2 $105,148 $107,404 $109,661 $111,917 $114,174 $116,430 RO3 $118,231 $120,776 $123,320 $125,865 $128,409 $130,954 MRO $138,996 Senior Managers (incl superannuation) Bands 2020 2021 2022 2023 2024 SM1 $154,571- $186,591 SM2 $187,693- $241,794 SM3 $242,898 +




 



1. Non-regulatory employees 

Level 1 

 Positions at this level usually work under general direction and the work is subject to regular 
checks. Detailed instruction is not always necessary and there is scope for employees to 
exercise initiative in applying established work practices and procedures. 

 This level encompasses a range or combination of administrative activities which require the 
application of skills and experience in office work and a general knowledge of the work to be 
performed. 

 Work involves the exercise of basic skills in interpersonal communication. 

 Work may require the interpretation of rules, regulations, guidelines, instructions and 
procedures and the ability to undertake a range of duties requiring judgment, liaison and 
communication within an agency and with other interested parties. Tasks may include the 
preparation of straightforward reports and the provision of data for decision. 

 The solution of problems may require the exercising of limited judgment, though guidance 
would be available in precedents, guidelines, procedures, regulations and instructions. The 
understanding of the information should allow decisions or policies relating to specific 
circumstances to be explained. Liaison within the agency or with other interested parties 
may be necessary. 

 Occupants of positions at this level may be expected to resolve problems by minor 
modification to operational systems or by reference to procedures. Employees at this level 
may have input into, or undertake tasks associated with, improvements to office systems or 
operations. 

Level2 

 Positions at this level usually work under general direction and require relevant experience 
combined with a broad knowledge of the agency's functions and activities and a sound 
knowledge of the major activity performed within the work area. 

 Problems faced may be complex yet broadly similar to past problems. Solutions generally 
can be found in documented precedents, or in rules, regulations, guidelines, procedures and 
instructions, though these may require some interpretation and application of judgment. 
There is scope for exercising initiative in the application of established work practices and 
procedures. 

 Work may involve preparing papers, briefing notes, correspondence or other written material 
and provision of general administrative support to senior officers. 

 Decisions made or delegations exercised at this level may have an impact on the relevant 
agency's operations (e.g. on financial resources) but are normally of limited procedural or 
administrative importance. 

 Positions at this level may have responsibilities for training operational and non-regulatory 
employees. Functions may include organising training courses, assisting in the preparation 
of training material and, where courses are short and involve procedural or administrative 
subject matter, presenting those courses. 

Level3 

 Positions at this level usually work under general direction within clear guidelines and 
established work practices and priorities, in functions which require the application of 
knowledge, skills and techniques appropriate to the work area. 

 Work at this level requires a sound knowledge of program, activity policy or service aspects 
of work performed within a functional element or a number of work areas. The work may 






 1. Non-regulatory employees Level 1  Positions at this level usually work under general direction and the work is subject to regular checks. Detailed instruction is not always necessary and there is scope for employees to exercise initiative in applying established work practices and procedures.  This level encompasses a range or combination of administrative activities which require the application of skills and experience in office work and a general knowledge of the work to be performed.  Work involves the exercise of basic skills in interpersonal communication.  Work may require the interpretation of rules, regulations, guidelines, instructions and procedures and the ability to undertake a range of duties requiring judgment, liaison and communication within an agency and with other interested parties. Tasks may include the preparation of straightforward reports and the provision of data for decision. The solution of problems may require the exercising of limited judgment, though guidance would be available in precedents, guidelines, procedures, regulations and instructions. The understanding of the information should allow decisions or policies relating to specific circumstances to be explained. Liaison within the agency or with other interested parties may be necessary. Occupants of positions at this level may be expected to resolve problems by minor modification to operational systems or by reference to procedures. Employees at this level may have input into, or undertake tasks associated with, improvements to office systems or operations. Level 2  Positions at this level usually work under general direction and require relevant experience combined with a broad knowledge of the agency's functions and activities and a sound knowledge of the major activity performed within the work area.  Problems faced may be complex yet broadly similar to past problems. Solutions generally can be found in documented precedents, or in rules, regulations, guidelines, procedures and instructions, though these may require some interpretation and application of judgment. There is scope for exercising initiative in the application of established work practices and procedures.  Work may involve preparing papers, briefing notes, correspondence or other written material and provision of general administrative support to senior officers.  Decisions made or delegations exercised at this level may have an impact on the relevant agency's operations (e.g. on financial resources) but are normally of limited procedural or administrative importance.  Positions at this level may have responsibilities for training operational and non-regulatory employees. Functions may include organising training courses, assisting in the preparation of training material and, where courses are short and involve procedural or administrative subject matter, presenting those courses. Level 3  Positions at this level usually work under general direction within clear guidelines and established work practices and priorities, in functions which require the application of knowledge, skills and techniques appropriate to the work area.  Work at this level requires a sound knowledge of program, activity policy or service aspects of work performed within a functional element or a number of work areas. The work may 



cover a range of tasks associated with program, activity or service delivery to clients or other 
interested parties or administrative support to senior officers. 

 Tasks may include providing administrative support to regulatory employees. This may 
include collecting and analysing data and information and preparing reports, publications, 
papers and submissions including findings and recommendations. 

 Decisions taken or delegations exercised at this level may have an impact on agency 
operations, but they are of limited management significance. 

 Positions at this level may have supervisory responsibilities over employees operating a 
wide range of office equipment or undertaking a variety of tasks in the area of responsibility 
which may include planning and coordinating work across a number of work areas or 
activities. Employees in a supervisory position would be expected to facilitate a participative 
decision making process and participate in decision making on issues relating to their work 
area. 

 In some cases the difficult aspects of the work in an area will be undertaken by a position at 
this level with responsibility for supervising employees at lower levels doing work of a similar 
but less difficult nature. The extent to which employees with supervisory duties become 
involved in the operational work of an area will depend on such factors as priorities, the 
complexity of the work and the number of employees supervised. 

 Position providing administrative support to senior officers may be classified in this level 
provided the complexity of the administrative tasks performed is comparable to tasks typical 
of this level. 

Level4 

 Positions at this level work under general direction in relation to established priorities, task 
methodology and work practices to achieve results in line with the corporate goals of the 
agency. 

 The work may include preparing preliminary papers, drafting complex correspondence for 
senior officers, undertaking tasks of a specialist or detailed nature, assisting in the 
preparation of procedural guidelines, providing or interpreting information for clients or other 
interested parties; exercising specific process responsibilities, and overseeing and 
coordinating the work of subordinate employees. 

 Work is performed under general direction as to work priorities and may be of a 
professional, project, procedural or processing nature or a combination of these. 

 Direction exercised over positions at this level may be less direct than at lower levels and is 
usually related to tasks methodologies and work practices. Employees would be expected to 
set priorities and to monitor workflow in the area of responsibility. 

 Independent action may be exercised at this level, for example, developing local 
procedures, management strategies and guidelines. Operating guidelines, procedures or 
resource allocation will usually be determined by senior management. 

 Any decisions taken or delegations exercised would be limited by the application of rules, 
regulations, guidelines or procedures. While the decisions may have a minor impact on 
agency resources, they are of limited management significance. 

 The extent of supervisory responsibility would depend on the operational work of the area 
and factors such as work priorities, complexity of the work and the number of subordinate 
employees. 

Levels 

 Positions at this level undertake various functions, under a wide range of conditions, to 
achieve a result in line with the corporate goals of the agency. Management of a program or 
activity in a central or regional office may be a feature of the work undertaken at this level. 






 cover a range of tasks associated with program, activity or service delivery to clients or other interested parties or administrative support to senior officers.  Tasks may include providing administrative support to regulatory employees. This may include collecting and analysing data and information and preparing reports, publications, papers and submissions including findings and recommendations. Decisions taken or delegations exercised at this level may have an impact on agency 1 operations, but they are of limited management significance.  Positions at this level may have supervisory responsibilities over employees operating a wide range of office equipment or undertaking a variety of tasks in the area of responsibility which may include planning and coordinating work across a number of work areas or activities. Employees in a supervisory position would be expected to facilitate a participative decision making process and participate in decision making on issues relating to their work area  In some cases the difficult aspects of the work in an area will be undertaken by a position at this level with responsibility for supervising employees at lower levels doing work of a similar but less difficult nature. The extent to which employees with supervisory duties become involved in the operational work of an area will depend on such factors as priorities, the complexity of the work and the number of employees supervised.  Position providing administrative support to senior officers may be classified in this level provided the complexity of the administrative tasks performed is comparable to tasks typical of this level. Level 4 Positions at this level work under general direction in relation to established priorities, task methodology and work practices to achieve results in line with the corporate goals of the agency.  The work may include preparing preliminary papers, drafting complex correspondence for senior officers, undertaking tasks of a specialist or detailed nature, assisting in the preparation of procedural guidelines, providing or interpreting information for clients or other interested parties; exercising specific process responsibilities, and overseeing and coordinating the work of subordinate employees.  Work is performed under general direction as to work priorities and may be of a professional, project, procedural or processing nature or a combination of these.  Direction exercised over positions at this level may be less direct than at lower levels and is usually related to tasks methodologies and work practices. Employees would be expected to set priorities and to monitor workflow in the area of responsibility.  Independent action may be exercised at this level, for example, developing local procedures, management strategies and guidelines. Operating guidelines, procedures or resource allocation will usually be determined by senior management.  Any decisions taken or delegations exercised would be limited by the application of rules, regulations, guidelines or procedures. While the decisions may have a minor impact on agency resources, they are of limited management significance.  The extent of supervisory responsibility would depend on the operational work of the area and factors such as work priorities, complexity of the work and the number of subordinate employees. Level 5  Positions at this level undertake various functions, under a wide range of conditions, to achieve a result in line with the corporate goals of the agency. Management of a program or activity in a central or regional office may be a feature of the work undertaken at this level. 



 Positions at this level are found in a variety of operating environments and structural 
arrangements. The primary function may be: 

• managing the operations of a discrete organisational element, program or activity; 

• supervising the operations of an organisational element which is a part of a large 
office within a central or regional office environment; 

• under limited direction in relation to priorities and work practices, providing 
administrative support to a particular program, activity or administrative function; or 

• providing subject matter expertise or policy advice, including professional advice, 
across a range of programs or activities undertaken by the agency. 

 Positions at this level may undertake the preparation of papers; investigate and present 
information with recommendations for decision by senior officers; draft responses to 
complex correspondence; undertake task of technical nature; undertake liaison and 
coordination within across functions including representing the agency at meetings, 
conferences and seminars; oversee and coordinate the work of other employees assisting 
with these tasks. 

 Work is usually performed under limited direction as to work priorities and the detailed 
conduct of the task. Tasks may require professional knowledge and may involve some 
coordination within or across agency functions. 

 Direction exercised over positions at this level includes, depending on the functional role of 
the position, the provision of advice, guidance and/or direction in relation to a project, 
detailed processing, or other work practices. 

 Independent action may be exercised within constraints set by senior management. The 
operating guidelines, procedures or resource allocation may be determined by senior 
management. 

 Any decision taken or delegation exercised tends to be governed by the application of rules, 
regulations or agency operating instructions or procedures. While such decisions may 
impact on agency operations and resources, they are usually limited to the specific work 
area involved. 

 Supervisory responsibilities would usually depend on the role of the position in the 
organisation. 

 Employees at this level would be expected to set and achieve priorities, monitor workflow 
and/or manage employee resources to meet objectives. 

Level6 

 Positions at this level work under limited direction, usually manage the operations of an 
organisation element, undertake a management function or provide administrative or 
professional support to a particular program, activity or service to achieve a result in line 
with the corporate goals of the agency. In some circumstances, the supervisor or 
subordinates may be, or include, employees in technical or professional structures, in which 
case supervision is generally for administrative purpose only. 

 The work includes providing advice including policy, administrative or professional advice; 
undertaking tasks related to the management or administration of a program or activity; 
service delivery or corporate support functions, including project work, policy development; 
preparation or coordination of research papers, submission on policy professional or 
program issues, or administrative matters. Liaison with other elements of the organisation, 
other government agencies, State and local authorities or community organisations is 
usually a feature. It also includes the preparation, or overseeing the preparation of, 
correspondence and replies to parliamentary questions, ministerial representations and 
other briefing material; and representing the agency at meetings, conferences or seminars. 






  Positions at this level are found in a variety of operating environments and structural arrangements. The primary function may be: managing the operations of a discrete organisational element, program or activity; supervising the operations of an organisational element which is a part of a large office within a central or regional office environment; . under limited direction in relation to priorities and work practices, providing administrative support to a particular program, activity or administrative function; or · providing subject matter expertise or policy advice, including professional advice, across a range of programs or activities undertaken by the agency.  Positions at this level may undertake the preparation of papers; investigate and present information with recommendations for decision by senior officers; draft responses to complex correspondence; undertake task of technical nature; undertake liaison and coordination within across functions including representing the agency at meetings, conferences and seminars; oversee and coordinate the work of other employees assisting with these tasks.  Work is usually performed under limited direction as to work priorities and the detailed conduct of the task. Tasks may require professional knowledge and may involve some coordination within or across agency functions  Direction exercised over positions at this level includes, depending on the functional role of the position, the provision of advice, guidance and/or direction in relation to a project, detailed processing, or other work practices.  Independent action may be exercised within constraints set by senior management. The operating guidelines, procedures or resource allocation may be determined by senior management.  Any decision taken or delegation exercised tends to be governed by the application of rules, regulations or agency operating instructions or procedures. While such decisions may impact on agency operations and resources, they are usually limited to the specific work area involved.  Supervisory responsibilities would usually depend on the role of the position in the organisation.  Employees at this level would be expected to set and achieve priorities, monitor workflow and/or manage employee resources to meet objectives. Level 6  Positions at this level work under limited direction, usually manage the operations of an organisation element, undertake a management function or provide administrative or professional support to a particular program, activity or service to achieve a result in line with the corporate goals of the agency. In some circumstances, the supervisor or subordinates may be, or include, employees in technical or professional structures, in which case supervision is generally for administrative purpose only.  The work includes providing advice including policy, administrative or professional advice; undertaking tasks related to the management or administration of a program or activity; service delivery or corporate support functions, including project work, policy development; preparation or coordination of research papers, submission on policy professional or program issues, or administrative matters. Liaison with other elements of the organisation, other government agencies, State and local authorities or community organisations is usually a feature. It also includes the preparation, or overseeing the preparation of, correspondence and replies to parliamentary questions, ministerial representations and other briefing material; and representing the agency at meetings, conferences or seminars. 



 Work is undertaken at this level with limited direction as to work priorities and the detailed 
conduct of the task. The tasks undertaken may be of a complex or specific nature 
encompassing a major area of agency operations. 

 Direction exercises over positions at this level may, depending on the functional role of the 
position within the organisation, be by way of providing general guidance and advice. 

 Positions at this level may have independence of action including the use and allocation of 
resources within the constraints laid down by senior management. 

 Decisions taken or delegations exercised at this level may have major impact on the day to 
day operations of the work area. The impact of such decision to agency operations is likely 
to be limited to the work area or function in which the position is located. Delegations 
exercised may, depending on the role and function of the position, involve making 
determinations, instigating another course of action, or reviewing previous decision. 

 Supervisory responsibilities may be an important function of a position at this level, but this 
can vary widely depending on factors such as work area, location, priorities, work load, 
operational deadlines and the availability of employee resources to assist. 

 Guidelines, rules, instructions or procedures for use by other employees and interested 
parties may be developed at this level. 

Level7 

 Positions at this level, usually under the broad direction of a senior executive or comparable 
officer, control an organisational element involved in the administration or coordination of a 
specific program, activity or corporate support function at either the section or divisional 
head level, to achieve a result in line with the corporate goal of the agency. Immediate 
subordinate positions may include employees in technical or professional structure, in which 
case supervision is generally related to administrative purposes only. 

 The work may include developing policy and/or providing policy, financial, specific subject 
matter or administrative advice, including professional advice or undertaking high level 
project work; developing, implementing and reviewing policy instructions and administrative 
or professional procedures for the guidance of functional elements of the agency; 
processing representations to the minister, overseeing preparation of replies to 
parliamentary questions, preparing executive briefing notices, drafting submissions and 
correspondence; liaising with other government bodies and community organisations 
including the provision of public information on programs, activities or services; and 
representing the agency at meetings, conferences or seminars. 

 Work is undertaken at this level with broad direction in relation to priorities and the detailed 
conduct of the task. The tasks undertaken would be of a complex or specific nature 
encompassing a significant element of total agency operations. 

 Positions at this level may have, depending on the role and function, significant 
independence of action including the use or allocation of resources within the constraints or 
guidelines laid down by senior management. 

 Decisions taken at this level may, depending on the degree of autonomy of function, have 
significant impact on the day-to-day operations of the work area in which the position is 
located and may also have significant effects elsewhere within the agency. Delegations 
exercised at this level may, depending on the role and function of the position, involve being 
the final authority in the process of approving the expenditure of funds, undertaking 
specification in line with the policy of the agency, or reviewing any previous action or 
decisions in the work area. 

 Management responsibilities are usually a significant function of position at this level. The 
percentage of the total work taken up in management functions and the character of the 
direction given to subordinates would depend on the nature of the work area, location, 
workload factors, priorities and employee resources allocated. 






  Work is undertaken at this level with limited direction as to work priorities and the detailed conduct of the task. The tasks undertaken may be of a complex or specific nature encompassing a major area of agency operations.  Direction exercises over positions at this level may, depending on the functional role of the position within the organisation, be by way of providing general guidance and advice.  Positions at this level may have independence of action including the use and allocation of resources within the constraints laid down by senior management. A Decisions taken or delegations exercised at this level may have major impact on the day to day operations of the work area. The impact of such decision to agency operations is likely to be limited to the work area or function in which the position is located. Delegations exercised may, depending on the role and function of the position, involve making determinations, instigating another course of action, or reviewing previous decision.  Supervisory responsibilities may be an important function of a position at this level, but this can vary widely depending on factors such as work area, location, priorities, work load, operational deadlines and the availability of employee resources to assist.  Guidelines, rules, instructions or procedures for use by other employees and interested parties may be developed at this level. Level 7  Positions at this level, usually under the broad direction of a senior executive or comparable officer, control an organisational element involved in the administration or coordination of a specific program, activity or corporate support function at either the section or divisional head level, to achieve a result in line with the corporate goal of the agency. Immediate subordinate positions may include employees in technical or professional structure, in which case supervision is generally related to administrative purposes only.  The work may include developing policy and/or providing policy, financial, specific subject matter or administrative advice, including professional advice or undertaking high level project work; developing, implementing and reviewing policy instructions and administrative or professional procedures for the guidance of functional elements of the agency; processing representations to the minister, overseeing preparation of replies to parliamentary questions, preparing executive briefing notices, drafting submissions and correspondence; liaising with other government bodies and community organisations including the provision of public information on programs, activities or services; and representing the agency at meetings, conferences or seminars.  Work is undertaken at this level with broad direction in relation to priorities and the detailed conduct of the task. The tasks undertaken would be of a complex or specific nature encompassing a significant element of total agency operations.  Positions at this level may have, depending on the role and function, significant independence of action including the use or allocation of resources within the constraints or guidelines laid down by senior management. Decisions taken at this level may, depending on the degree of autonomy of function, have significant impact on the day-to-day operations of the work area in which the position is located and may also have significant effects elsewhere within the agency. Delegations exercised at this level may, depending on the role and function of the position, involve being the final authority in the process of approving the expenditure of funds, undertaking specification in line with the policy of the agency, or reviewing any previous action or decisions in the work area.  Management responsibilities are usually a significant function of position at this level. The percentage of the total work taken up in management functions and the character of the direction given to subordinates would depend on the nature of the work area, location, workload factors, priorities and employee resources allocated. 



 The development of guidelines, rules, regulations, procedures or instruction is for either 
employees or other interested parties may be coordinated at this level. 

2. Regulatory employees 

Trainee Regulatory Officer 

 Usually work under general direction and this work is subject to regular checks. 

 Detailed instruction is not always necessary and there is scope for employees to exercise 
initiative in applying established work practices and procedures. 

 The incumbent will assist appointed rail safety officers in carrying out regulatory tasks or 
procedures. 

 Some work will be specifically directed and closely supervised by higher level regulatory 
employees. 

 Work involves the exercise of basic skills in interpersonal communication. 

 Work will require the interpretation of rules, regulations, guidelines, instructions and 
procedures and the ability to undertake a range of duties requiring judgement, liaison and 
communication. 

 Tasks may include the preparation of basic regulatory information and reports. 

 Employees will abide by Trainee protocols and procedures. 

 Employees will advance to Regulatory Officer Level 1 on satisfactory completion of the 
traineeship, which includes meeting the minimum criteria for that level. 

Regulatory Officer Level 1 (R01) 

 The Regulatory Officer at this level may be allocated assignments of a limited scope and 
complexity and may comprise a minor phase of a broader or complex assignment. 

 The incumbent may be required to assist senior employees in carrying out complex tasks or 
procedures, select and apply established principles, procedures and methods and exercise 
judgment and initiative in recognising the significance of deviations from the norm where 
standard approaches are used. 

 The incumbent may be required to design, coordinate and check work of other employees 
required to work on a common project. 

 The work may be specifically directed and closely supervised by higher level regulatory 
employees and may be assigned by oral or written instruction which may include details of 
methods and procedures to be followed. 

 The incumbent will possess sound theoretical knowledge gained by study or through 
experience which is appropriate for the efficient discharge of the duties of the position at this 
level. 

Regulatory Officer Level 2 (Senior Regulatory Officer) (R02) 

 At this level, the Regulatory Officer performs work where assignments may be broad in 
scope and involve complex technical problems. 

 It will be expected that the incumbent will exercise a high degree of independence in the 
selection and application of established principles, technologies, procedures and methods, 
and exercise independent judgment and initiative in recognising when established 
approaches may require amplification, adoption or modification. 

 The Regulatory Officer at this level may work alone and may assign, coordinate and check 
work of subordinate employees required to work on a common project and provide limited 
guidance to others. Specific direction is given as to objectives but directions are limited to 
unusual features of assignments. Guidance may be required for the complex approaches. 






  The development of guidelines, rules, regulations, procedures or instruction is for either employees or other interested parties may be coordinated at this level. 2. Regulatory employees Trainee Regulatory Officer  Usually work under general direction and this work is subject to regular checks.  Detailed instruction is not always necessary and there is scope for employees to exercise initiative in applying established work practices and procedures.  The incumbent will assist appointed rail safety officers in carrying out regulatory tasks or procedures.  Some work will be specifically directed and closely supervised by higher level regulatory employees. Work involves the exercise of basic skills in interpersonal communication. A  Work will require the interpretation of rules, regulations, guidelines, instructions and procedures and the ability to undertake a range of duties requiring judgement, liaison and communication  Tasks may include the preparation of basic regulatory information and reports.  Employees will abide by Trainee protocols and procedures.  Employees will advance to Regulatory Officer Level 1 on satisfactory completion of the traineeship, which includes meeting the minimum criteria for that level. Regulatory Officer Level 1 (RO1)  The Regulatory Officer at this level may be allocated assignments of a limited scope and complexity and may comprise a minor phase of a broader or complex assignment.  The incumbent may be required to assist senior employees in carrying out complex tasks or procedures, select and apply established principles, procedures and methods and exercise judgment and initiative in recognising the significance of deviations from the norm where standard approaches are used.  The incumbent may be required to design, coordinate and check work of other employees required to work on a common project.  The work may be specifically directed and closely supervised by higher level regulatory employees and may be assigned by oral or written instruction which may include details of methods and procedures to be followed.  The incumbent will possess sound theoretical knowledge gained by study or through experience which is appropriate for the efficient discharge of the duties of the position at this level. Regulatory Officer Level 2 (Senior Regulatory Officer) (RO2)  At this level, the Regulatory Officer performs work where assignments may be broad in scope and involve complex technical problems.  It will be expected that the incumbent will exercise a high degree of independence in the selection and application of established principles, technologies, procedures and methods, and exercise independent judgment and initiative in recognising when established approaches may require amplification, adoption or modification.  The Regulatory Officer at this level may work alone and may assign, coordinate and check work of subordinate employees required to work on a common project and provide limited guidance to others. Specific direction is given as to objectives but directions are limited to unusual features of assignments. Guidance may be required for the complex approaches. 



 The Regulatory Officer at this level must have sound subject knowledge gained through 
satisfactory completion of an appropriate course of study or through experience. 

 The incumbent will have demonstrated skills and possess experience in rail safety, 
communicative and administrative aspects of the work. 

Regulatory Officer Level 3 (Principal Regulatory Officer) (R03) 

 At this level, the Regulatory Officer may be managerial, a specialist position or a 
combination of both. The incumbent may be responsible for the sustained supervision of an 
activity or program of a work unit involving rail safety work or responsible for a highly 
complex, novel or critical activity in an aspect of rail safety work where it is necessary to 
select and/or modify and adapt established principles, technologies, procedures and 
methods. 

 The Regulatory Officer may be required to assign, co-ordinate and verify the work of 
subordinate employees in a work unit engaged in rail safety activities or programs and/or 
provide authoritative guidance to others. 

 General direction is given in terms of objectives and priorities, including critical areas which 
may impinge on work of other units. This person must be able to make decisions in 
accordance with the provisions of the Rail Safety National Law and relevant ONRSR 
policies and procedures under sub delegation from the Regulator. 

 Work involves high level liaison and consultation with internal and external clients. 

 The Regulatory Officer at this level provides a significant input into the policy formulation 
and execution of programs which may be associated with 1 or more areas of an employer's 
operations. 

 Sound theoretical knowledge is required and this knowledge may be gained through the 
satisfactory completion of an appropriate course of study, and/or wide experience in rail 
safety work. 

 The incumbent would be expected to demonstrate a capacity to manage human and 
material resources. 

Manager, Regulatory Officer (MRO) 

 The officer at this level may be either a manager or a senior specialist or have a 
combination of both functions. 

 The incumbent will be responsible for the management of a work unit engaged in complex 
activities or programs and/or the provision of practical solutions to highly complex problems. 

 In addition, the officer at this level will be responsible for developing, implementing, 
reviewing major policies, objectives and strategies involving high level liaison/consultation 
with client areas (internal and external). Work involves the exercising of originality and 
ingenuity to devise practical and economic solutions to complex problems. Authority may be 
exercised over other specialists engaged in complex rail safety work. 

 Extensive experience in the specialist field or management of human and material 
resources is necessary. 

 The incumbent will possess a comprehensive knowledge of the relevant programs. 

 The Manager, Regulatory Officer is required to operate with independence and make proper 
decisions in accordance with the provisions of the Rail Safety National Law and relevant 
ONRSR policies and procedures under sub delegation from the Regulator. 

3. Senior Managers 

These positions are personal classifications and appointment is made on the basis that 
they are managerial positions with appropriate remuneration packages. Appointment to 
this structure will be organisationally driven and at the discretion of Executive Directors 






  The Regulatory Officer at this level must have sound subject knowledge gained through satisfactory completion of an appropriate course of study or through experience.  The incumbent will have demonstrated skills and possess experience in rail safety, communicative and administrative aspects of the work. Regulatory Officer Level 3 (Principal Regulatory Officer) (RO3)  At this level, the Regulatory Officer may be managerial, a specialist position or a combination of both. The incumbent may be responsible for the sustained supervision of an activity or program of a work unit involving rail safety work or responsible for a highly complex, novel or critical activity in an aspect of rail safety work where it is necessary to select and/or modify and adapt established principles, technologies, procedures and methods.  The Regulatory Officer may be required to assign, co-ordinate and verify the work of subordinate employees in a work unit engaged in rail safety activities or programs and/or provide authoritative guidance to others.  General direction is given in terms of objectives and priorities, including critical areas which may impinge on work of other units. This person must be able to make decisions in accordance with the provisions of the Rail Safety National Law and relevant ONRSR policies and procedures under sub delegation from the Regulator.  Work involves high level liaison and consultation with internal and external clients.  The Regulatory Officer at this level provides a significant input into the policy formulation and execution of programs which may be associated with 1 or more areas of an employer's operations  Sound theoretical knowledge is required and this knowledge may be gained through the satisfactory completion of an appropriate course of study, and/or wide experience in rail safety work.  The incumbent would be expected to demonstrate a capacity to manage human and material resources Manager, Regulatory Officer (MRO)  The officer at this level may be either a manager or a senior specialist or have a combination of both functions. The incumbent will be responsible for the management of a work unit engaged in complex A activities or programs and/or the provision of practical solutions to highly complex problems.  In addition, the officer at this level will be responsible for developing, implementing, reviewing major policies, objectives and strategies involving high level liaison/consultation with client areas (internal and external). Work involves the exercising of originality and ingenuity to devise practical and economic solutions to complex problems. Authority may be exercised over other specialists engaged in complex rail safety work.  Extensive experience in the specialist field or management of human and material resources is necessary.  The incumbent will possess a comprehensive knowledge of the relevant programs.  The Manager, Regulatory Officer is required to operate with independence and make proper decisions in accordance with the provisions of the Rail Safety National Law and relevant ONRSR policies and procedures under sub delegation from the Regulator. 3. Senior Managers These positions are personal classifications and appointment is made on the basis that they are managerial positions with appropriate remuneration packages. Appointment to this structure will be organisationally driven and at the discretion of Executive Directors 



and the Chief Executive. Individuals do not automatically progress through the levels 
and cannot seek to be reclassified within this structure. 

Senior Manager roles primarily have specific responsibility and accountability for an 
ONRSR function or a series of ONRSR functions. These functions can be local, but 
more often are national functions. This requires Senior Managers to: 

 determine operational policy and procedures for their team within the framework of 
ONRSR requirements; 

 ensure the timeliness, effectiveness, quality and efficiency of their team; 

 have significant independence of action, including the use, allocation and 
management of both financial and human resources with the constraints of the 
relevant delegations; 

 undertake personnel management functions, including planning, and developing and 
implementing programs, within their functional area of responsibility; 

 report directly to Executive levels and work under broad direction while exercising 
significant levels of independent judgment; and 

 have responsibilities that would warrant classification above the Level 7 for non­
regulatory employees and MRSO for regulatory employees in accordance with the 
Work Level Definitions. 

Having identified that a role satisfies the above criteria, it is necessary to determine at which of 
the three Senior Manager levels the position should be classified in accordance with the 
descriptors for each level below. 

Senior Manager 1 

 Roles at this level would report to an Executive level position and would normally be 
required to manage a small to medium sized team, responsible for a major ONRSR function 
or a series of small ONRSR functions. 

 The role would operate under limited direction and would require a high degree of discipline 
knowledge. Work at this level may influence national or local office operations and there 
would also be a requirement for the exercise of significant levels of decision making, 
judgment and the exercise of delegated authority. 

Senior Manager 2 

 Roles at this level would report to an Executive level position and would have responsibility 
for managing a large team encompassing a major ONRSR function or a series of major 
ONRSR functions. 

 Work at this level is undertaken with limited direction in relation to priorities and the detailed 
content of the task. In addition, this level requires a high degree of discipline knowledge, a 
detailed knowledge of both national ONRSR policies and procedures and of their application 
in relation to ONRSR operations. 

Senior Manager 3 

 Roles at this level would report to an Executive level or in some cases to the Chief 
Executive and would have responsibility for managing a very large scale operation or a 
function of critical importance to ONRSR. 

 Work at this level would require original thinking, creativity, the exercise of delegated 
authority. In addition, work at this level would be undertaken usually under very broad 
direction only and would involve responsibility for a major program or programs which have 
a significant impact beyond ONRSR itself. 

Determining a point within the total remuneration package range 






 and the Chief Executive. Individuals do not automatically progress through the levels and cannot seek to be reclassified within this structure. Senior Manager roles primarily have specific responsibility and accountability for an ONRSR function or a series of ONRSR functions. These functions can be local, but more often are national functions. This requires Senior Managers to:  determine operational policy and procedures for their team within the framework of ONRSR requirements;  ensure the timeliness, effectiveness, quality and efficiency of their team;  have significant independence of action, including the use, allocation and management of both financial and human resources with the constraints of the relevant delegations;  undertake personnel management functions, including planning, and developing and implementing programs, within their functional area of responsibility;  report directly to Executive levels and work under broad direction while exercising significant levels of independent judgment; and  have responsibilities that would warrant classification above the Level 7 for non- regulatory employees and MRSO for regulatory employees in accordance with the Work Level Definitions. Having identified that a role satisfies the above criteria, it is necessary to determine at which of the three Senior Manager levels the position should be classified in accordance with the descriptors for each level below. Senior Manager 1  Roles at this level would report to an Executive level position and would normally be required to manage a small to medium sized team, responsible for a major ONRSR function or a series of small ONRSR functions.  The role would operate under limited direction and would require a high degree of discipline knowledge. Work at this level may influence national or local office operations and there would also be a requirement for the exercise of significant levels of decision making, judgment and the exercise of delegated authority. Senior Manager 2  Roles at this level would report to an Executive level position and would have responsibility for managing a large team encompassing a major ONRSR function or a series of major ONRSR functions.  Work at this level is undertaken with limited direction in relation to priorities and the detailed content of the task. In addition, this level requires a high degree of discipline knowledge, a detailed knowledge of both national ONRSR policies and procedures and of their application in relation to ONRSR operations. Senior Manager 3  Roles at this level would report to an Executive level or in some cases to the Chief Executive and would have responsibility for managing a very large scale operation or a function of critical importance to ONRSR.  Work at this level would require original thinking, creativity, the exercise of delegated authority. In addition, work at this level would be undertaken usually under very broad direction only and would involve responsibility for a major program or programs which have a significant impact beyond ONRSR itself. Determining a point within the total remuneration package range 



Each Senior Manager level provides a wide range in the total remuneration package. To 
ensure the total remuneration package for a Senior Manager role is fair and competitive and 
attracts, retains and motivates them for the benefit of ONRSR, some or all of the following 
factors must be considered: 

 Internal relativities/benchmarking. 

 External factors, such as the general market, economic environment and the level of 
appointable candidates. 

 The relevant skills and expertise the person brings to the position. 

 The level of skill specialisation, how scarce the skills are and how critical they are to 
ONRSR. 

 The relevance and extent of qualification/s the person holds. 

 The location in which the Senior Manager works/will work: 

(a) Where the applicable Senior Manager remuneration range does not secure a 
preferred candidate, the Chief Executive may exercise discretion and offer a total 
remuneration package above the applicable remuneration range for a high calibre 
appointee. This is more likely to be the case for a candidate with high level and 
exceptional specialist skills for a high profile project of major significance to ONRSR 
for a fixed period. A total remuneration package outside of the applicable 
remuneration range will be recognised in the employment contract as a market 
allowance. 






 Each Senior Manager level provides a wide range in the total remuneration package. To ensure the total remuneration package for a Senior Manager role is fair and competitive and attracts, retains and motivates them for the benefit of ONRSR, some or all of the following factors must be considered:  Internal relativities/benchmarking.  External factors, such as the general market, economic environment and the level of appointable candidates.  The relevant skills and expertise the person brings to the position.  The level of skill specialisation, how scarce the skills are and how critical they are to ONRSR.  The relevance and extent of qualification/s the person holds.  The location in which the Senior Manager works/will work: (a) Where the applicable Senior Manager remuneration range does not secure a preferred candidate, the Chief Executive may exercise discretion and offer a total remuneration package above the applicable remuneration range for a high calibre appointee. This is more likely to be the case for a candidate with high level and exceptional specialist skills for a high profile project of major significance to ONRSR for a fixed period. A total remuneration package outside of the applicable remuneration range will be recognised in the employment contract as a market allowance. 



Schedule 2.2 Model flexibility term 
(regulation 2.08) 

Model flexibility term 

 (1) An employer and employee covered by this enterprise agreement may agree to make an 
individual flexibility arrangement to vary the effect of terms of the agreement if: 

 (a) the agreement deals with 1 or more of the following matters: 
 (i) arrangements about when work is performed;  
 (ii) overtime rates; 
 (iii) penalty rates; 
 (iv) allowances;  
 (v) leave loading; and 
 (b) the arrangement meets the genuine needs of the employer and employee in relation to 

1 or more of the matters mentioned in paragraph (a); and 
 (c) the arrangement is genuinely agreed to by the employer and employee. 

 (2) The employer must ensure that the terms of the individual flexibility arrangement: 
 (a) are about permitted matters under section 172 of the Fair Work Act 2009; and 
 (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and 
 (c) result in the employee being better off overall than the employee would be if no 

arrangement was made. 

 (3) The employer must ensure that the individual flexibility arrangement: 
 (a) is in writing; and 
 (b) includes the name of the employer and employee; and 
 (c) is signed by the employer and employee and if the employee is under 18 years of 

age, signed by a parent or guardian of  the employee; and 
 (d) includes details of:  
 (i) the terms of the enterprise agreement that will be varied by the arrangement; 

and 
 (ii) how the arrangement will vary the effect of the terms; and 
 (iii) how the employee will be better off overall in relation to the terms and 

conditions of his or her employment as a result of the arrangement; and  
 (e) states the day on which the arrangement commences. 

 (4) The employer must give the employee a copy of the individual flexibility arrangement 
within 14 days after it is agreed to. 

 (5) The employer or employee may terminate the individual flexibility arrangement: 
 (a) by giving no more than 28 days written notice to the other party to the arrangement; 

or 
 (b) if the employer and employee agree in writing — at any time. 
 








ONRSR Ref: A1237479 
Your Ref: 

3 August 2021 

Attn: Commissioner Platt 

Fair Work Commission 
By email Chambers.Platt.C@fwc.gov.au 

Dear Commissioner Platt 

OFFICE OF THE 

national rail 
safety regulator 

National Office 

PO Box 3461, Rundle Mall 
ADELAIDE SA 5000 

conlact@onrsr.com.au 

08 84061500 
www.onrsr.com.au 
ABN: 44 260 419 904 

ONRSR Enterprise Agreement 2021-2025- Undertakings under s190 of the Fair 
Work Act 2009 

The Office of the National Rail Safety Regulator (ONRSR) hereby undertakes the following in 
relation to the ONRSR Enterprise Agreement 2021-2025: 

1. Dispute Settlement 
We undertake to apply the model term in lieu of clause 7.1.5 

2. Flexibility Term 
We undertake to apply the model term in lieu of clause 1.7.5 

3. Personal Leave 
In relation to clause 5.4.6, we undertake to apply the notice provision as set out in 
section 107 of the Fair Work Act (notice is given as soon as reasonably practicable 
which may be at a time after the leave has commenced). 

4. Abandonme_nt of Employment 
In relation to clause 7.3 we will apply the notice of termination provision in 
accordance with section 117 of the Fair Work Act. 

5. Casual minimum engagement 
We undertake to provide a minimum engagement of 3 hours for casual employees. 

6. Part-time minimum engagement 
We undertake to provide a minimum engagement of 3 hours for part time employees 

7. Public Holidays 
We undertake to provide a minimum engagement of 4 hours on public holidays 

Yours sincerely 

SueMcCar~ 

/.:#/4 
Chief Executive/ 
National Rail Sa ety Regulator 

safe railways for Australia Adelaide Office 08 8406 1580 
Sydney Office 1800 572 077 

Melbourne Office 1800 318 244 
Perth Office 1800 433 038 

Brisbane Office 1800 531 982 


OFFICE OF THE national rail safety regulator ONRSR Ref: A1237479 Your Ref: National Office PO Box 3461, Rundle Mall ADELAIDE SA 5000 3 August 2021 contact@onrsr.com.au 08 8406 1500 www.onrsr.com.au Attn: Commissioner Platt ABN: 44 260 419 904 Fair Work Commission By email Chambers.Platt.C@fwc.gov.au Dear Commissioner Platt ONRSR Enterprise Agreement 2021-2025- Undertakings under s190 of the Fair Work Act 2009 The Office of the National Rail Safety Regulator (ONRSR) hereby undertakes the following in relation to the ONRSR Enterprise Agreement 2021-2025: 1. Dispute Settlement We undertake to apply the model term in lieu of clause 7.1.5 2. Flexibility Term We undertake to apply the model term in lieu of clause 1.7.5 3. Personal Leave In relation to clause 5.4.6, we undertake to apply the notice provision as set out in section 107 of the Fair Work Act (notice is given as soon as reasonably practicable which may be at a time after the leave has commenced). 4. Abandonment of Employment In relation to clause 7.3 we will apply the notice of termination provision in accordance with section 117 of the Fair Work Act. 5. Casual minimum engagement We undertake to provide a minimum engagement of 3 hours for casual employees. 6. Part-time minimum engagement 7. Public Holidays We undertake to provide a minimum engagement of 3 hours for part time employees We undertake to provide a minimum engagement of 4 hours on public holidays Yours sincerely Sue McCarrey 1 Milany Chief Executive/ National Rail Safety Regulator safe railways for Australia Adelaide Office 08 8406 1580 Sydney Office 1800 572 077 Melbourne Office 1800 318 244 Perth Office 1800 433 038 Brisbane Office 1800 531 982

Cases cited by this decision: