Keolis Downer Senior and Salaried Employees Newcastle Bus Enterprise Agreement 2023

1

Fair Work Act 2009 
s.185—Enterprise agreement

Keolis Downer Hunter Pty Ltd
(AG2023/1037)

KEOLIS DOWNER SENIOR AND SALARIED EMPLOYEES 
NEWCASTLE BUS ENTERPRISE AGREEMENT 2023

Passenger vehicle transport (non rail) industry

DEPUTY PRESIDENT DOBSON BRISBANE, 28 APRIL 2023

Application for approval of the Keolis Downer Senior and Salaried Employees Newcastle Bus 
Enterprise Agreement 2023

[1] An application has been made for approval of an enterprise agreement known as the 
Keolis Downer Senior and Salaried Employees Newcastle Bus Enterprise Agreement 2023 
(the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 
(the Act). It has been made by Keolis Downer Hunter Pty Ltd (the Applicant). The 
Agreement is a single enterprise agreement.

[2] The application was required to be filed within 14 days after it was made on 27 March 
2023 in accordance with s.185(3) of the Act. As it was not filed until 13 April 2023, it was 
filed three days after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the 
circumstances, I consider it fair to extend the time for making the application.

[3] The Notice of Employee Representational Rights (NERR) distributed to employees 
appears to have a different year in the Enterprise Agreement title. However, I am satisfied that 
the Agreement would have been genuinely agreed to but for the minor procedural departure 
from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the 
employees covered by the Agreement were not likely to have been disadvantaged by this. 
Accordingly, I exercise the discretion conferred by s.188(2) of the Act. 

[4] I note that the Agreement is silent in respect of trainee rates of pay and accept the 
Applicants submissions that this is because they would be paid the rate of pay for the relevant 
classification.

[5] The Applicant has provided written undertakings. I am satisfied that the undertakings 
will not cause financial detriment to any employee covered by the Agreement and that the 
undertakings will not result in substantial changes to the Agreement.

[2023] FWCA 1228

DECISION
FairWork 

Commission 


* AUSTRALIA FairWork Commission


























[2023] FWCA 1228

2

[6] The views of each person who the Fair Work Commission knows is a bargaining 
representative for the Agreement have been sought in relation to the Undertakings.

[7] Pursuant to s.190(3) of the Act, I accept the undertakings.

[8] Subject to the undertakings referred to above, I am satisfied that each requirement of 
ss186, 187 and 188 as are relevant to this application for approval have been met. The 
undertakings are taken to be a term of the Agreement.

[9] The Australian Rail, Tram and Bus Industry Union (RTBU) and the Australian 
Municipal, Administrative, Clerical and Services Union, New South Wales and ACT 
(Services) Branch (ASU) have both lodged a Form F18 statutory declaration giving notice 
under s.183 of the Act that they want the Agreement to cover them. In accordance with 
s.201(2) of the Act, I note the Agreement covers the RTBU and the ASU.

[10] The Agreement is approved and will operate in accordance with s.54 of the Act. The 
nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE519875  PR761486


IBE FAIR WORK Dobson PK COMMISSION MISSION




 



 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

KEOLIS DOWNER SENIOR AND SALARIED EMPLOYEES 
NEWCASTLE BUS ENTERPRISE AGREEMENT 2023 

~ Keolis 
~~ Downer 

THINK 
UKEA 

PASSENGER 


Keolis Downer

D

THINK LIKE A PASSENGER O




 

machunter
Undertaking - CR



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PART A - GENERAL CONDITIONS 
 

1. Title 
2. Individual Flexibility Agreement 
3. Definitions 
4. Parties Bound 
5. Relationship to Industrial Instruments 
6. No Extra Claims 
7. Anti-Discrimination 

 
PART B - WAGES, ALLOWANCES AND RELATED MATTERS 

 
8. Wage Increases 
9. Salary Sacrifice for Superannuation 
10. Travelling Allowance Amounts 
11. Meal Allowances 
12. Travelling Allowance 
13. Uniforms 

 
PART C - CONSULTATION AND DISPUTE RESOLUTION 

 
14. Introduction of Change 
15. Dispute Settlement Procedure (DSP) 
16. Rights of Union Delegates 

PART D - EMPLOYMENT RELATIONSHIP 

17. Types of Employment 
18. Temporary Appointments 
19. Traineeships 
20. Commitment to Business Reforms 
21. Employee Discipline 
22. Abandonment of Employment 
23. Termination of Employment 
24. Redundancy 

PART E - LEAVE 

25. Personal Leave 
26. Annual Leave 
27. Domestic Violence Leave 
28. Long Service Leave 
29. Flexible Use of Long Service Leave 
30. Parental Leave 
31. Purchased Leave for Personal or Family Reasons 
32. Picnic Day 
33. Public Holidays 
34. Concessional Day 
35. Capping of Additional Days Off (ADOs) 

PART F - FLEXIBLE WORK ARRANGEMENTS 

36. Flexible Work Arrangements 
37. Make Up Time 
38. Job Sharing 
39. Career Break 
40. Working from Home 






  



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PART G - OTHER 
 

41. Higher Duties for Senior & Salaried Employees 
42. Workplace Health and Safety Training 
43. Drug and Alcohol Testing 
44. Stand Down 

 
PART H - CORE CONDITIONS FOR SALARIED EMPLOYEES 

 
45. Hours of Duty for Salaried Officers 
46. Minimum Payments 
47. Spread of Hours 
48. Overtime 
49. Time Off In Lieu Of Payment for Overtime 
50. Sunday Time 
51. Saturday Time 
52. Shift Work Allowance 
53. Time Off Between Shifts 
54. Rostered Day Off 
55. Excess Travelling Time 
56. Change of Usual Workplace 
57. Increment Increases 
58. Salary Rates 

 
PART I - OPERATIONALSUPPORT STREAM 

 
59. Hand Over Period 
60. Fatigue Management 
61. Duty Officers Roster Principles 

PART J - SENIOR EMPLOYEES STREAM 

62. Hours of Work for Senior Employees 
63. Span of Hours 
64. Overtime & Recall to Duty Provisions for Senior Employees 
65. Performance Agreement Programs 
66. Increment Increases 
67. Salary Movement Linked to Promotion & Acting in Higher Grade 

 
SCHEDULE A - Senior Employees' Pay rates 
SCHEDULE B - Salaried Employees' Pay rates 
SCHEDULE C - Allowances 
SCHEDULE D - Classifications 
SCHEDULE E - Shift Worker Arrangements 
SCHEDULE F - Signatories 








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PART A - GENERAL CONDITIONS 

1. TITLE 

This Agreement shall be known as the Keolis Downer Senior and Salaried Employees Newcastle Bus 
Enterprise Agreement 2023 (the/this Agreement). 

2. INDIVIDUAL FLEXIBILITY AGREEMENT 

2.1  An Employee covered by this Agreement may request and the Company may agree to make an Individual 
Flexibility Agreement (IFA) to vary the effect of terms of the Agreement if: 

a) the IFA deals with one (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 IFA meets the genuine needs of the Company and Employee; and 

c) the IFA is genuinely agreed to by the Company and Employee. 

2.2 The Company must ensure that the terms of the IFA: 

a) are about permitted matters under section 172 of the Fair Work Act 2009 (FW Act); and 

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

c) result in the Employee being better off overall than the Employee would be if no IFA was made. 

2.3 The Company must ensure that the IFA: 

a) is in writing; and 

b) includes the name of the Company and Employee; and 

c) is signed by the Company and Employee and if the Employee is under eighteen (18) years of age, 
signed by a parent or guardian of the Employee; and 

d) includes details of: 

i. the terms of the Agreement that will be varied 
by the IFA; and 

ii. how the IFA 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 their 
employment as a result of the IFA; and 

e) states the day on which the IFA commences. 

2.4 The Company must give the Employee a copy of the IFA within fourteen (14) days after it is agreed to. 

2.5 The Company or Employee may terminate the IFA: 

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

b) if the Company and Employee agree in writing - at any time. 
 

 

 

 








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3. DEFINITIONS 

In this Agreement: 

3.1 "ADO" means Additional Day Off earned by an Employee as the result of an arrangement whereby the 
Employee who works thirty eight (38) hours per week, works an additional twenty four (24) minutes per 
day over nineteen (19) days and, in the case of an Employee who works thirty five (35) hours per week, 
an additional twenty two (22) minutes per day over nineteen (19) days. 

3.2 "Casual Employment" has the meaning given to the term by clause 17.10 of this Agreement. 

3.3 "Continuous Service" means continuous employment with the Company under a contract of service 
excluding any period of: 

a) unauthorised leave without pay; 

b) unpaid sick leave which exceeds three (3) months; and 

c) authorised leave without pay, of any type, which exceeds three (3) months;  

except as otherwise provided by the Fair Work Act 2009 (Cth) (the FW Act) including the National 
Employment Standards (NES). 

3.4 "Company" means Keolis Downer Hunter Pty Ltd (ACN 614 205 766). 

3.5 "Employees" means all Employees employed by the Company and engaged in classifications contained 
in Schedule D of this Agreement. 

3.6 "Parties" means the Company (and any successor), Employees, the Australian Services Union (ASU) 
and the Australian Rail, Tram and Bus Industry Union (Salaried and Senior Officer Division) 
(RTBU). 

3.7 "Part-Time Employment" has the meaning given to that term by clause 17.3 of this Agreement. 

3.8 "Personal Leave" has the meaning given to that term by clause 25 of this Agreement and includes 
personal sick leave, carers' leave and compassionate/bereavement leave. 

3.9 "Picnic Day" means an annual picnic event for Salaried and Senior Officers employed under this 
Agreement. 

3.10 "Shift Worker", for the purpose of s87(1)(b) of the FW Act, means an Employee whose roster 
requires them to regularly work on Saturdays, Sundays and Public Holidays and/or shifts which 
otherwise attract the payment of a shift penalty. 

3.11 "Temporary Employment" has the meaning given to that term by clause 17.15 of this Agreement. 

3.12 “Unions” means: the ASU and the RTBU. 

3.13 "Week" means: 

a) for an Employee who is a Shift Worker: Sunday to Saturday. 

b) for an Employee who is not a Shift Worker: Monday to Friday. 

4. PARTIES BOUND 

4.1 This Agreement shall be binding on the following parties and classes of persons: 

- Keolis Downer Hunter Pty Ltd (the Company) 

- the Australian Rail, Tram and Bus Industry Union, New South Wales (RTBU); 

- Australian Municipal, Administrative, Clerical and Services Union (ASU); and 

- all employees employed by the Company and engaged in a classification contained in Schedule 








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D of this Agreement (Employees). 

5. RELATIONSHIP TO INDUSTRIAL INSTRUMENTS 

5.1 This Agreement replaces in entirety, all previous Awards and Agreements and Certified Agreements 
previously binding on the Parties, including the State Transit Authority Senior and Salaried Officers 
Enterprise (State) Award 2015. 

5.2 This Agreement shall take effect seven (7) days after the date of approval by the Fair Work Commission 
(FWC) and shall nominally remain in force until 30 June 2026. 

5.3 The terms of this Agreement apply in a manner that does not exclude the National Employment 
Standards (NES). That is, no provision of the NES is displaced by this Agreement but the NES 
provisions may be supplemented by the terms of this Agreement. Accordingly, the NES will continue to 
apply to the extent that any term of this Agreement is detrimental in any respect when compared 
with the NES. 

5.4 The Parties will commence negotiations for the next Agreement six (6) months prior to the nominal 
expiry date of this Agreement. 

6. NO EXTRA CLAIMS 

6.1 The Parties agree that, during the term of this Agreement, there will be no extra wage claims, claims for 
improved conditions of employment or demands made with respect to the Employees covered by the 
Agreement and, further, that no proceedings, claims or demands concerning wages or conditions of 
employment with respect to those Employees will be instituted before the FWC or any other industrial 
tribunal. 

6.2 The terms of the preceding paragraph do not prevent the Parties from commencing any proceedings with 
respect to the interpretation, application or enforcement of existing Agreement provisions. 

6.3 Variations made with the agreement of the Parties are not prohibited by this clause. 

7. ANTI-DISCRIMINATION 

7.1 It is the intention of the Parties to this Agreement to respect and value the diversity of the work force by 
helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, 
physical or mental disability, marital status, family responsibilities, pregnancy, religion, political 
opinion, national extraction or social origin. 

7.2 Nothing in this clause is taken to affect: 

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

- junior rates of pay unless otherwise determined under the FW Act; 

- an employee, employer or registered organisation, pursuing matters of discrimination in any State 
or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity 
Commission. 

  








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PART B - WAGES, ALLOWANCES AND RELATED MATTERS 

8. WAGE INCREASES 
 

8.1 Subject to this clause, wage rates at Schedule A and Schedule B incorporate the following wage 
increases: 

a) Three percent (3%) from the first full pay period commencing on or after 1 July 2022 (back paid); 
and 

b) Three percent (3%) from the first full pay period commencing on or after 1 July 2023; and 

c) Three percent (3%) from the first full pay period commencing on or after 1 July 2024; and 

d) Three percent (3%) from the first full pay period commencing on or after 1 July 2025. 

8.2 The wage increases contained in this Agreement are in substitution of any FWC wage decisions. 

8.3 Wages shall be paid fortnightly. 

8.4 The Company provides automatic payroll deductions from wages and transfers those monies to a range of 
financial institutions, health funds and insurers upon written authorisation from Employees. This service 
is provided free of cost to the Employee and the Company agrees to continue to provide this service for 
the duration of this Agreement. 

 
9. SALARY SACRIFICE FOR SUPERANNUATION 

9.1 Notwithstanding the wages prescribed in this Agreement, an Employee other than a temporary or casual 
may elect, subject to the agreement of the Company, to sacrifice a portion of the base wage payable under 
this Agreement additional to employer superannuation contributions. 

9.2 Where an Employee has elected to sacrifice a portion of that payable wage to additional employer 
superannuation contributions: 

9.2.1 Subject to Australian taxation law, the sacrificed portion of wage will reduce the wage 
subject to appropriate PAYG taxation deductions by the amount of that sacrificed portion; 
and 

9.2.2 Any allowance, penalty rate, payment for unused leave entitlements, weekly workers' 
compensation or other payment, other than any payments for leave taken in service, to 
which an Employee is entitled under the Agreement or any applicable act or statute which 
is expressed to be determined by reference to an employee's wage, shall be calculated by 
reference to the wage which would have applied to the Employee under this Agreement in 
the absence of any salary sacrifice to superannuation made under this Agreement. 

9.3 The Employee may elect to have the portion of payable wage, which is sacrificed to additional employer 
superannuation contributions: 

9.3.1 Paid into the superannuation scheme established under the First State Superannuation Act 
1992 as optional employer contributions; or 

9.3.2 Subject to the Company's agreement, paid into a private sector complying superannuation 
scheme as employer superannuation contributions. 

9.4 Where an Employee elects to salary sacrifice in terms of sub-clause 9.3, the Company will pay the 
sacrificed amount into the relevant superannuation fund. 

9.5 Where the Employee is a member of a superannuation scheme established under: 

- the Superannuation Act 1916; 

- the State Authorities Superannuation Act 1987; 

- the State Authorities Non-contributory Superannuation Act 1987; or 

- the First State Superannuation Act 1992 








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(or relevant successor legislation) 

the Company must ensure that the amount of any additional employer superannuation contributions 
specified in subclause 9.3 is included in the Employee's superannuable salary, which is notified to the 
New South Wales public sector superannuation trustee corporations. 

9.6 Where, prior to electing to sacrifice a portion of their salary to superannuation, an Employee had entered 
into an agreement with the Company to have superannuation contributions made to a superannuation 
fund other than a fund established under legislation listed in subclause 9.5, the Company will continue 
to base contributions to that fund on the base wage payable under this Agreement to the same extent as 
applied before the Employee sacrificed portion of that salary to superannuation. This clause applies 
even though the superannuation contributions made by the Company may be in excess of 
superannuation guarantee requirements after the salary sacrifice is implemented. 

10. TRAVELLING ALLOWANCE AMOUNTS 

10.1 For the life of this Agreement, the Company will apply the allowance rates provided for in Table 1 of 
the ATO Tax Determination TD 2022/10 as updated from time to time for the following allowances: 

- meal expenses on same day journeys (travel not involving an overnight stay); 

- travelling allowances (involving overnight stay); 

- incidental expenses when claiming actual expenses; 

- overtime meal allowances; and 

- rates for use of private motor vehicles. 

11. MEAL ALLOWANCES 

11.1 An Employee who is authorised by their manager to undertake a one-day journey on official business 
where overnight accommodation is not required shall be paid the appropriate rate of allowance set out in 
clause 10.1 (above): 

- Breakfast: if travel commences before 7.00a.m. or finishes after 8.00am; 

- Lunch: if travel commences before 1.00p.m. or finishes after 2.00pm; 

- Dinner: if travel commences before 6.30p.m. or finishes after 7.30pm; 

but an Employee shall not be deemed to have incurred expenses for any meal or a bed provided free of 
charge by the Company and shall therefore not be entitled to the payment of an allowance. 

No payments shall be made except where an Employee proceeds to a place outside the boundaries of the 
Newcastle transport systems which is at least twenty four (24) kilometres from the usual workplace, the 
distance being computed by the ordinary means of travel. 

11.2 The Company shall not be obliged to pay any allowance under this clause unless the Employee 
concerned makes a claim, but if a claim is made, the allowance shall be paid in full regardless of the 
amount claimed. 

11.3 Employees shall be entitled to the following meal allowance: 

11.3.1 An Employee who works authorised overtime for two (2) hours or more in excess of their 
ordinary shift shall be eligible for an overtime meal allowance, as prescribed in clause 10.1 
(above), if they finish later than 8.00 a.m. (breakfast), or 1.30 p.m. (lunch), or 6.30p.m. 
(dinner) or 1.00 a.m. (supper). 

11.3.2 An Employee who ordinarily commences duty at 8.30a.m. or later, if directed to commence 
before 7.00a.m. on irregular occasions, and do so commence, shall be eligible for a meal 
allowance for breakfast. 

12. TRAVELLING ALLOWANCE 

12.1 An Employee who is required by their manager to work from a temporary work location shall be paid 








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the appropriate rate of allowance for accommodation, meal or incidental expenses (if 
accommodation/meal has not been provided by the Company) as set out in clause 10.1 (above). 

12.2 The need to obtain overnight accommodation shall be determined by the Employee's manager having 
regard to the safety of the Employee travelling on official business and local conditions applicable in the 
area. 

12.3 As an alternative to the provisions, the Company could make other arrangements to meet the travelling 
expenses properly and reasonably incurred by an Employee who is required to work at a temporary 
work location. 

12.4 This clause does not apply to Employees who are on an employee-initiated secondment. 

13. UNIFORMS 

13.1 Operational Employees are required to wear the current approved Company uniform at all times whilst 
on duty. 

13.2 All new full-time permanent Employees required to wear a uniform, shall be provided an initial issue of 
the approved uniform as follows: 

- 3 trousers 

- 7 shirts 

- 2 items of jacket or vest or jumper 

- 1 pair of shoes 

- 1 winter jacket 

- 1 hat (if required) 

- 1 rain set (if required) 

Part-time, casual and fixed term Employees will be issued a uniform on a pro-rata basis. 

13.3 Subsequent to the initial issue, replacement items of uniform will be issued after evidence of reasonable 
wear and tear. It is the responsibility of Employees to clean and maintain uniforms in a neat and tidy 
condition. 

  








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PART C - CONSULTATION AND DISPUTE RESOLUTION 

14. INTRODUCTION OF CHANGE 

14.1 This clause applies if: 

a) The Company proposes to introduce a major change to policy, production, program, organisation, 
structure, or technology in relation to its business and the change is likely to have a significant 
effect on Employees; 

b) The Company proposes to introduce a change to the regular roster or ordinary hours of work of 
Employees; or 

c) Another clause in this Agreement requires that a matter (for the purpose of this clause, 'the 
change') be the subject of consultation between the Company, Employee(s) and/or their 
representatives (which may include the Unions). 

14.2 As soon as practicable, the Company must discuss with the relevant Employees (inclusive of any 
representatives nominated by the relevant Employees) the introduction of the change the effect the change 
is likely to have on the Employees. The Company must discuss measures to avert or mitigate any adverse 
effect of the change on the Employees. The introduction of new technology which is likely to have a 
significant effect on Employees requires a minimum notice period of three (3) months. 

14.3 The relevant Employees may appoint a representative for the purposes of the procedures in this term 
(which may include the Unions). If: 

a) A relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of 
consultation; and 

b) The Employee(s) notify the Company of the identity of the representative;  

the Company must recognise the representative. 

14.4 For the purposes of the discussion, the Company will provide the relevant Employees (inclusive of any 
representative(s) nominated by the relevant Employees) in writing: 

a) All relevant information about the change including the nature of the change proposed; 

b) Information about the expected effects of the change on the Employees; and 

c) Any other matters likely to affect the Employees. 

However, the Company is not required to disclose confidential information. 

14.5 In relation to any change about rosters or ordinary hours of work, the Company must 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). 

14.6 The Company must give prompt and genuine consideration to matters raised by the relevant Employees 
about the proposed change, including any impact the change will have on the Employees' family or caring 
responsibilities. 

14.7 In this clause, 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 Company'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. 








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14.8 The Parties must act in good faith in relation to the consultation process provided in this clause. In this 
clause, 'good faith' includes obligations to meet, disclose relevant information, genuinely consider 
proposals, and respond with reasons, and to refrain from capricious or unfair conduct that undermines 
consultation. For the purpose of this clause the Parties adopt the following comments made by Smith C. 
in the Community and Public Sector Union v Vodafone Network Pty Ltd (Print PR911257): 

"Consultation is not perfunctory advice on what is about to happen. This is common 
misconception. Consultation is providing the individual or other relevant persons with a bona 
fide opportunity to influence the decisionmaker. Consultation is not joint decision making or 
even a negative or frustrating barrier to the prerogative of management to make decisions. 
Consultation allows the decision making process to be informed particularly as it may affect the 
employment prospects of individuals." 

14.9 In this clause, 'relevant Employees' mean the Employees who may be affected by the change. 

14.10 For the avoidance of doubt, except as specifically provided for in this Agreement, this clause does not 
allow the Company to vary matters expressly provided within this Agreement. 

15. DISPUTE SETTLEMENT PROCEDURE (DSP) 

15.1 In the event of a dispute arising in the workplace about matters arising under this Agreement or in 
relation to the NES, the procedure to resolve the matter will be as follows: 

a) The Employee and the Employee's supervisor meeting and conferring on the matter within two (2) 
days of the dispute being notified. 

b) If the matter is not resolved at the meeting in paragraph (a) above, the parties must arrange for 
further discussions between the Employee and more senior levels of management. The Company 
and the Employee(s) (and their representatives) will meet within one (1) week of the meeting 
under paragraph (a) above. 

c) If the matter cannot be resolved it may be referred by either party to the FWC for resolution. This 
does not affect the right of either party to a dispute to take other action to resolve the dispute. All 
parties to the dispute will use their best endeavours to expedite conferences and/or hearings in the 
FWC, with the view to resolving the dispute as quickly as possible. 

15.2 An Employee may choose to have an employee representative of their choice, including a union 
representative, to represent and support them at any stage of the DSP. Any representative nominated by 
the Employee pursuant to this DSP will be allowed, at a place designated by the Company, the 
necessary time during working hours to support the Employee. 

15.3 While the parties attempt to resolve a dispute, Employees must continue to work as normal in 
accordance with this Agreement and their contracts of employment unless an Employee has a reasonable 
concern about imminent risk to safety or health. In this case, an Employee must not unreasonably fail to 
comply with a direction of the Company to perform other available work, whether at the same or 
another workplace that was safe and appropriate for the Employee to perform. 

15.4 If a dispute is referred to the FWC for resolution, the FWC can take any or all of the following actions 
as it considers appropriate to resolve the dispute: 

a) Convene conciliation conferences of the parties or their representatives at which the FWC is 
present; 

b) Require the parties or their representatives to confer among themselves at conferences at which the 
FWC is not present; 

c) Request, but not compel, a person to attend proceedings; 

d) Request, but not compel, a person to produce documents; 

e) Where either party requests, make recommendations about particular aspects of a matter about 
which they are unable to reach agreement; 

f) Where the matter, or matters, in dispute cannot be resolved (including by conciliation) and one 
party or both request, arbitrate or otherwise determine the matter, or matters in dispute. 








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15.5 The FWC must follow due process to allow each party a fair and adequate opportunity to present their 
case. 

15.6 Any determination by the FWC under 15.4 (above) must be in writing if either party so requests, and must 
give reasons for the determination. 

15.7 Any determination made by the FWC under 15.4 (above) must be consistent with applicable law and must 
not require a party to act in contravention of an applicable industrial instrument or law. 

15.8 Either party may seek leave to appeal a determination of the FWC to a Full Bench of the FWC. 

15.9 If either party requests, the 'status quo' may operate while the dispute is being resolved. Provided that 
'status quo' will not operate for more than one (1) month from the day that the dispute was first notified 
to the Company. The 'status quo' period may be extended beyond one (1) month by agreement between 
the parties to the dispute. 

15.10 The parties will not object to any party seeking leave to be represented e.g. by legal representatives and/or 
the union in proceedings pursuant to this DSP. 

15.11 For the avoidance of doubt, a dispute may be raised in relation to the classification of an Employee. 

16. RIGHTS OF UNION DELEGATES 

16.1 For the purposes of: 

- ensuring compliance by the Parties with the terms of this Agreement; and 

- facilitating discussions concerning matters pertaining to the employment relationship between the 
Company and Employees covered by this Agreement, and their representatives: 

16.1.1 an Employee elected or appointed, as a delegate will, upon notification to the Company, be 
recognised as the accredited representative of the union to which they belong; 

16.1.2 an accredited delegate shall be allowed the necessary time during working hours to consult 
with the Company or its representative on matters affecting Employees; 

16.1.3 subject to the prior approval of the delegate's supervisor, an accredited delegate shall be 
allowed a reasonable period of time during working hours to consult with individual 
members regarding matters affecting them or to consult with other delegates; 

16.1.4 the general nature of the matters affecting Employees and the probable time of absence 
should be indicated to the supervisor; 

16.1.5 leave to attend meetings arranged by the relevant peak union body may be authorised by 
the Human Resources Manager in consultation with local managers, upon a written request 
from the union; 

16.1.6 delegates may be authorised by the Human Resources Manager in consultation with local 
managers, to attend delegates training conducted by the union upon a written request by the 
union; 

16.1.7 delegates will be provided with reasonable access to a phone, fax machine, computer, 
internet and a notice board; 

16.1.8 each union will periodically supply a list of delegates and contact numbers to the Human 
Resources Manager. 

  








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PART D - EMPLOYMENT RELATIONSHIP 

17. TYPES OF EMPLOYMENT 

Full-Time Employees 

17.1 A full-time Employee is an employee other than a casual or part-time Employee employed to work the 
minimum ordinary hours applicable to that classification as prescribed in this Agreement. 

17.2 See Clauses 45 and 62 for the prescribed ordinary hours. 

Part-Time Employees 

17.3 A part-time Employee is one employed to work fewer ordinary hours than the ordinary hours worked by 
a full-time Employee performing duties of the same classification and grade. 

17.4 The number of hours worked shall not be less than three (3) hours per day. 

17.5 The work arrangement shall be subject to a written Part-Time Work Agreement between the Company 
and the Employee, which includes but is not limited to the numbers of hours to be worked by the 
Employee, the days on which they will be worked and the commencing and finishing times for work. 
Variations to the Part-Time Work Agreement may be made by consent and in writing, between the 
Company and the Employee from time to time. 

17.6 Except in cases of exceptional circumstances, part-time Employees shall not be required to work beyond 
their rostered hours. 

17.7 Where an Employee is requested to work beyond their rostered hours, such work shall not be performed 
without the genuine consent of the Employee and shall constitute a variation as described in clause 
17.5, subject to meeting the requirements of that clause. 

17.8 Where a part-time Employee agrees to work beyond their rostered hours as per clause 17.5 and 17.7, they 
will be entitled to payment at their ordinary rate of pay. Overtime rates shall not be payable for hours 
worked which would be ordinary hours for a full-time Employee of the same classification and grade 
in accordance with clause 48. 

17.9 A part-time Employee shall be entitled to receive the same Annual Leave, Annual Leave loading, Long 
Service Leave and other Agreement benefits as those provided for full-time Employees in the same 
classification and grade on a pro rata basis. In relation to expense related allowances, the part-time 
Employee will receive entitlements specified in the relevant clauses of this Agreement. 

Casual Employees 

17.10 A casual Employee is engaged to work on an hourly or daily basis. 

17.11 Where staff shortages are of a short duration, casual Employees may be employed to cover such absences. 
Such Employees shall be paid by the hour and receive a twenty five percent (25%) loading which will be 
in lieu of Agreement entitlements to overtime and paid leave. 

17.12 A casual Employee shall be notified at the end of the day if their services are not required on the next 
working day. 

Offers and Requests for Casual Conversion  

17.13 Offers and requests for conversion from casual employment to full time or part time employment are 
provided for in the NES. 

17.14  Disputes about offers and requests for casual conversion are to be dealt with under clause 15 - Dispute 
Settlement Procedure. 

Temporary Employees 

17.15 A temporary Employee is an Employee, not already in the service of the Company, who is recruited to 








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fill a permanent or temporary position on a temporary basis for a maximum period of two (2) years, or 
up to three (3) years for a special project or a specific reason. 

17.16 A temporary Employee shall be entitled to the same salary and conditions as permanent Employees in 
the same classification, unless otherwise prescribed by this Agreement. 

18. TEMPORARY APPOINTMENTS 

18.1 The Company may engage a temporary Employee, or an existing Employee on a temporary 
appointment, for a period of two (2) years in normal circumstances, or of up to three (3) years for a 
special project or a specific reason. 

18.2 The Company may fill a permanent position which is vacant with a temporary Employee, or an existing 
Employee by way of secondment, temporary appointment, temporary transfer or higher duties, subject to 
a maximum period of three (3) years. 

19. TRAINEESHIPS 

19.1 It is agreed that traineeships may be offered by the Company to enable such Employees to gain 
experience, with the possibility of future appointment within the Company. 

20. COMMITMENT TO BUSINESS REFORMS 

20.1 The Parties to this Agreement are committed to ensuring the Company, as a business, remains 
competitive and is positioned to secure future contracts for bus services by achieving industry best 
practice in a range of areas. 

20.2 Any reform or restructuring shall be dealt with in accordance with the consultative mechanisms and 
dispute settlement procedure of this Agreement. 

20.3 The Parties acknowledge that: 

20.3.1 Priority will be given to retraining and redeployment of current Employees. This includes 
where the introduction of new technology has a significant impact on existing roles. 

20.3.2 There is no commitment to predetermined levels of overtime or shift work arrangements 
and the Company will determine whether overtime is to be worked on an as needs basis, 
while shifts are determined by operational requirements. 

20.3.3 In order to be cost effective and ensure quality standards are met, the Parties agree that all 
Employees will perform their allocated duties in an efficient and timely manner. 

20.3.4 The Parties agree that no artificial barriers will be created to inhibit Employees carrying out 
duties in which they are competent. Competence is acknowledged as being suitably 
qualified, licensed (where applicable) or having received any other recognised training 
either onsite or offsite. 

20.3.5 Duty Officers and Corridor Supervisors are to maintain bus operator accreditation to 
operate bus services in the event of an emergency or the unavailability of bus operators. 
The Duty Officer and Corridor Supervisor must have driven a bus on a public roadway or 
have undertaken refresher training within the preceding three (3) months prior to taking 
over the control of any bus in traffic. Duty Officers and Corridor Supervisors will only be 
required to operate bus services on an ad hoc or extraordinary basis, i.e. they will not form 
part of the ordinary roster. 

21. EMPLOYEE DISCIPLINE 

21.1 Where an Employee is the subject of a disciplinary process, the Company shall make all reasonable 
endeavours to complete the process in a timely manner, provided that: 

21.1.1 Any process is completed no later than three (3) months (the Specified Period) from the 
date on which the matter which gave rise to the process, became known to the Company; 
and 

21.1.2. Where it is not reasonably practicable to complete process within the Specified Period, the 








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Company will advise the affected Employee in writing: 

a) that it will not be possible to complete the process within the Specified Period; 

b) to the extent that it does not breach the confidentiality or integrity of the process, the 
reason/s why it will not be possible to complete the process within the specified period; 

c) of the time period in which the Company reasonably expects to complete the process. 

22. ABANDONMENT OF EMPLOYMENT 

22.1 Where an Employee, within a period of fourteen (14) calendar days from their last day of scheduled 
attendance for work, fails to establish, to the satisfaction of the Company, that their absence is for a 
reasonable cause, the Employee will be deemed to have abandoned their employment. 

22.2 Prior to employment being deemed to be abandoned, the Company will forward a letter to the last 
known home address of the Employee requesting the Employee contact the Company within a specified 
time and provide a satisfactory explanation for their absence. 

22.2.2 Where an Employee contacts the Company and claims their absence is due to illness or 
injury, the Employee must supply a medical certificate/s supporting the whole of the 
absence. 

22.2.3 Where the Employee fails to acknowledge the letter or no satisfactory explanation or 
supporting medical certificate/s supporting the whole of the absence is provided by the 
Employee to the Company, the Employee will be deemed to have abandoned their 
employment. Termination of employment as a result of this clause is subject to the notice 
requirements set out in clause 23. 

23. TERMINATION OF EMPLOYMENT 

Notice of termination by Company 

23.1 In order to terminate the employment of a full-time or regular part-time Employee the Company shall give 
to the Employee the period of notice specified in the table below: 

Period of continuous service Period of Notice 

1 year or less At least 1 week 

Over 1 year and up to the completion of 3 years At least 2 weeks 

Over 3 years and up to the completion of 5 years At least 3 weeks 

Over 5 years of completed service At least 4 weeks 

23.2 In addition to this notice, Employees over forty five (45) years of age at the time of the giving of the 
notice with not less than two (2) years continuous service, are entitled to an additional one (1) weeks’ 
notice. 

23.3 Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. 
Employment may be terminated by the Employee working part of the required period of notice and by the 
Company making payment for the remainder of the period of notice. 

23.4 In calculating any payment in lieu of notice, the wages an Employee would have received in respect of 
the ordinary time they would have worked during the period of notice had their employment not been 
terminated will be used. 

23.5 The period of notice in this clause shall not apply in the case of dismissal where the Employee is guilty 
of serious misconduct, that is, misconduct of such a nature that it would be unreasonable to require the 
Company to continue the employment of the Employee concerned during the required period of notice. 

Notice of termination by an Employee 

23.6 The notice of termination required to be given by an Employee is the same as that required of the 
Company, save and except that there is no requirement on the Employee to give additional notice based 
on the age of the Employee concerned. 








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23.7 If an Employee fails to give notice the Company has the right to withhold monies due to the Employee 
to a maximum amount equal to the ordinary time rate of pay for the period of notice. 

Time off during notice period 

23.8 Where the Company has given notice of termination to an Employee, an Employee shall be allowed 
up to one (1) days' time off without loss of pay for the purpose of seeking other employment. The 
time off shall be taken at times that are convenient to the Employee after consultation with the 
Company. 

24. REDUNDANCY 

Entitlement 

24.1 If the Company has made a definite decision that it no longer wishes the job the Employee has been 
doing to be done by anyone and this is not due to the ordinary and customary turnover of labour, and 
that decision leads to the termination of employment of the Employee, the Employee is entitled to 
the amount of redundancy pay in respect of the period of service as outlined in 24.4. 

Period of notice required 

24.2 If an Employee's employment is terminated by reason of redundancy, the Employee must be given a 
period of notice as provided for in clause 23. 

24.3 By agreement between the Company and the Employee, an Employee may terminate their 
employment in accordance with clause 23 of this Agreement when necessary to commence 
alternative employment. 

Redundancy pay 

24.4 If an Employee's employment is terminated by reason of redundancy, the Employee is entitled to the 
following amount of redundancy pay on termination: 

Completed years of service* Weeks' Pay 

0 - and 1 year 3 weeks 

Greater than 1 year - and 2 years 6 weeks 

Greater than 2 years - and 3 years 9 weeks 

Greater than 3 years - and 4 years 12 weeks 

Greater than 4 years - and 5 years 15 weeks 

Greater than 5 years - and 6 years 18 weeks 

Greater than 6 years - and 7 years 21 weeks 

Greater than 7 years - and 8 years 24 weeks 

Greater than 8 years - and 9 years 27 weeks 

Greater than 9 years - and 10 years 30 weeks 

Greater than 10 years - and 11years 33 weeks 

Greater than 11 years - and 12 years 36 weeks 

Greater than 12 years - and 13 years 39 weeks 

*Note: Where an Employee has not completed a full year of service the Employee is entitled to a pro 
rata payment for each completed month of service. 

24.5 After thirteen (13) years of completed service an additional two (2) weeks' pay for each completed 
year of service thereafter capped at a maximum payment of fifty two (52) weeks, provided that where 
an Employee has not completed a full year of service the Employee is entitled to pro rata payment 
for each completed month of service. 








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24.6 Weeks' pay means the rate of pay referred to in Schedule A and Schedule B of this Agreement. 

Employee leaving during notice period 

24.7 An Employee given notice of termination in circumstances of redundancy may terminate their 
employment during the period of notice. The Employee is entitled to receive the benefits and payments 
they would have received under this clause had they remained in employment until the expiry of the notice, 
but is not entitled to payment instead of notice. 

Job search entitlement 

24.8 An Employee given notice of termination in circumstances of redundancy must be allowed up to one (l) 
days' time off without loss of pay during each week of notice for the purpose of seeking other 
employment. 

24.9 If the Employee has been allowed paid leave for more than one (l) day during the notice period for the 
purpose of seeking other employment, the Employee must, at the request of the Company, produce proof 
of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose 
a statutory declaration is sufficient. 

  








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PART E - LEAVE 

25. PERSONAL LEAVE 

25.1 Personal leave consists of the following three (3) types of leave: sick leave, carer's leave and 
compassionate/bereavement leave. 

25.2 Paid personal leave will be available to an Employee, other than a casual Employee when they are absent 
due to: 

- personal illness or injury (sick leave); or 

- for the purposes of caring for an immediate family or household member who requires the 
Employee's care or support for a personal injury or illness or an unexpected emergency 
affecting the member (carer's leave); or 

- when a member of the Employee’s immediate family or household contracts or develops a 
personal illness that poses a serious threat to their life or sustains a personal injury that poses a 
serious threat to their life (compassionate/bereavement leave). 

25.3 All Employees, other than casual Employees, will be entitled to personal leave in accordance with this 
clause. Entitlements for part-time Employees will be calculated on a pro rata basis. Casual Employees are 
entitled to unpaid carers leave and compassionate leave in accordance with the NES. 

25.4 For the purpose of this clause: 'Immediate family' means: 

- spouse or former spouse 

- de facto partner or former de facto partner 

- child 

- parent 

- grandparent 

- grandchild 

- sibling; or 

- child, parent, grandparent, grandchild or sibling of the Employee's spouse or de facto partner (or 
former spouse or de facto partner). 

This definition includes step-relations (e.g., step-parents or step-children) as well as adoptive relatives.  

A 'household member' is any person who lives with the Employee. 

'Year' means the period of twelve (12) months from 1 January to 31 December inclusive. 

'Current Paid Sick Leave' means paid sick leave which has accrued to an Employee's credit in the 
current calendar year which has not been cleared by the Employee as paid sick leave. 

'Accumulated Paid Sick Leave' means paid sick leave which accrued to an Employee's credit in any 
previous calendar year which has not been cleared by the Employee as paid sick leave. 

Paid Sick Leave 

25.5 Employees, other than casual Employees, are entitled to ten (10) days of paid sick leave per year, 
except those Employees whose employment commenced with the Company prior to 9 May 2006, who 
are entitled to fifteen (15) days per year. 

25.6 Paid sick leave will be credited on a pro rata basis in the first year of service. 

25.7 Sick leave not used in any year shall accumulate. 

25.8 An Employee is entitled to use accumulated personal leave for the purposes of sick leave where the 
current year's sick leave entitlement has been exhausted. 








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25.9 The Employee must, if required by the Company, establish by production of a medical certificate or 
statutory declaration, that the Employee was unable to work because of injury or personal illness. A 
maximum number of five (5) sick leave days which are not supported by a medical certificate allowed 
per year. 

25.10 Payment of sick leave is provisional on an Employee: 

a) reporting the absence appropriately (i.e., as soon as reasonably practicable and provision of agreed 
information); and 

b) if required, providing information such as the nature of the illness or injury and the estimated 
duration of the absence (where an Employee is concerned about disclosing the nature of the illness 
to their manager, they may elect to have the application for sick leave dealt with confidentially by 
an alternative manager or member of the Human Resources Division); 

c) backdated medical certificates will only be accepted at the sole discretion of the Company based 
on the individual's circumstances, including the Employee's absence history; 

d) the Company will have sole discretion to accept other forms or evidence to satisfy that an 
Employee had a genuine illness or injury based on the individual's circumstances including the 
Employee's absence history; 

e) Employee's being placed on an absence management program may be required to provide a 
medical certificate for all sick leave absences, based on the individual circumstances including the 
Employee's absence history; 

f) A requirement that any Employee on long term sick leave may be required by the Company to 
participate in a return to work program. 

25.11 There is absolutely no intention by the Parties to target or place pressure on Employees who are in 
genuine need of sick leave. 

Carer's Leave 

25.12 Paid carer's leave is deducted from paid Personal leave. 

25.13 An Employee may elect to take unpaid leave as carer's leave in accordance with the NES. 

25.14 Paid and unpaid carer's leave may be taken for part of a single day. 

25.15 An Employee's entitlement to use paid or unpaid carer's leave is subject to the following: 

a) the Employee having responsibilities in relation to either members of their immediate family or 
household who need their care and support due to a personal injury or illness or an unexpected 
emergency affecting the member; and 

b) the Employee being responsible for the care of the person concerned. 

25.16 The Employee must establish by production of a medical certificate or statutory declaration, the injury or 
illness of the person concerned or the nature of the unexpected emergency, and that the injury or  
illness or emergency is such as to require care by another, provided that: 

25.16.1 the Company may require an Employee to provide a medical certificate to support the 
application for carer's leave due to a personal injury or illness where: 

- the period of carer's leave applied for exceeds or extends over a continuous period of three 
(3) or more days on any occasion; or 

- the Employee has exhausted all paid carer's leave; or 

- the Employee, within the current year, has already cleared five (5) days paid carer's leave 
which were not supported by the production of a medical certificate; or 

- the Employee has been placed on an attendance monitoring program and directed to supply 
medical certificates to support all future applications for sick leave and carer's leave. 

25.16.2 In normal circumstances an Employee must not take carer's leave under this clause where 
another person has taken leave to care for the same person. 








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25.17 The Employee must, where practicable, give the Company notice prior to the absence of the intention to 
take leave, the name of the person requiring care and their relationship to the Employee, the reasons for 
taking such leave and the estimated length of absence. If it is not practicable for the Employee to give 
prior notice of absence, the Employee must notify the Company by telephone of such absence at the first 
opportunity on the day of absence. 

Compassionate/Bereavement Leave 

25.18 An Employee, other than a casual Employee, is entitled to up to two (2) days paid leave on each occasion 
when a member of the Employee’s immediate family or household dies or contracts or develops a personal 
illness that poses a serious threat to their life or sustains a personal injury that poses a serious threat to 
their life. Casual Employees are entitled to unpaid leave in these circumstances. 

25.19 Proof of death must be provided to the satisfaction of the Company. 

26. ANNUAL LEAVE 

26.1 For the purposes of this clause: 

- Accumulated Annual Leave means any annual leave accrued by an Employee prior to 1 January of 
the current calendar year. 

- Excess Annual Leave means all Accumulated Annual Leave in excess of two (2) years' accrual. 

26.2 Annual leave shall be allowed as provided by the FW Act. 

26.3 Annual leave accrues to an Employee on a pro-rata basis over a calendar year as shown below: 

26.3.1 non-shift work Employees accrue four (4) weeks annual leave per annum. This is made up 
of nineteen (19) days annual leave and one (1) ADO. 

26.3.2 shift work Employees accrue five (5) weeks annual leave per annum. This is made up of 
twenty (24) days annual leave and one (1) ADO. 

26.4 The Parties recognise the occupational health and safety benefits of Employees properly taking their 
annual leave. An Employee holding excess annual leave may be directed by the Company to clear 
such leave, provided the Employee be given as nearly as practicable one (1) months' notice of the 
date on which annual leave is to commence and the period to be cleared. 

26.5 Except where payment has already been made in lieu of clearance where an Employee, who has 
acquired a right to leave with pay, retires, resigns or is dismissed before commencing or completing 
such leave, shall be paid the monetary value of the leave not taken or not completed. 

26.6 Except where payment has already been made in lieu of clearance where an Employee who has 
acquired a right to leave with pay dies before commencing or completing such leave, the monetary 
value of the leave not taken or not completed shall be paid to their spouse or partner or if the 
Employee does not leave a spouse or partner to their legal personal representative. 

26.7 The Company may deduct from any moneys payable under subclause 26.5 the value of any loss suffered 
by them for which an Employee who retires, resigns or is dismissed is responsible. 

26.8 The Company may approve the accumulation by an Employee of more than two (2) year's annual leave 
accrual, for certain purposes including, but not limited to, parental leave, subject to arrangements having 
been made by the Employee to clear such leave. 

27. DOMESTIC VIOLENCE LEAVE 

27.1 Employees shall be entitled to family and domestic violence leave in accordance with the NES. 

28. LONG SERVICE LEAVE 

28.1 Employees covered under this Agreement shall be entitled to Long Service Leave as follows: 

a) after service for ten (10) years, leave for two (2) months on full pay or four (4) months on half pay; 
and 








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b) for service in excess of ten (10) years, leave as provided by subclause (a) above, and in addition an 
amount of leave proportionate to the Employee’s length of service after ten (10) years, calculated 
on the basis of five (5) months on full pay, or ten (10) months on half pay, for each ten (10) years 
served after service for ten (10) years).  

28.2 If an Employee with at least five (5) years’ service, but less than ten (10) years, is terminated by the 
Company for any reason other than the Employee’s serious or intentional misconduct; or by the Employee 
on account of illness, incapacity or domestic or other pressing necessity, or the Employee dies, the 
Employee is entitled to:  

(a) for five (5) years’ service, one (1) month’s leave on full pay; and  

(b) for service after five (5) years to a proportionate amount of leave on full pay calculated on the basis 
of three (3) months’ leave for fifteen (15) years’ service. 

28.3 In circumstances where an Employee dies, the value of any leave accrued under clauses 28.1 or 28.2 will 
be paid to the Employee’s estate. 

29. FLEXIBLE USE OF LONG SERVICE LEAVE 

29.1 An Employee may make application to use accrued long service leave entitlements to provide regular 
reduced working time for personal reasons. 

29.2 An Employee may apply to use long service leave entitlements to enable the Employee to access for 
example, one (1) day's leave per week or fortnight or one (1) week's leave per month. 

29.3 Applications for flexible use of long service leave will be approved at the Company's discretion, taking 
into consideration operational and service delivery requirements. 

29.4 The terms and conditions under which an Employee may be permitted flexible use of long service leave 
are also subject to the Company policy and procedures. 

30. PARENTAL LEAVE 

30.1 Parental leave includes birth related leave, adoption related leave and other parent leave in connection 
with the birth or adoption of a child. 

30.2 For the purposes of this clause 'child' means: 

- a child of the Employee under the age of one (1); or 

- in the case of adoption, a child under the age of sixteen (16) years who is placed with the Employee 
for the purposes of adoption, other than a child or step-child of the Employee or their spouse or a 
child who had previously continuously lived with the Employee for a period of six (6) months or 
more. 

30.3 Birth related leave shall apply to a pregnant Employee including a casual Employee who has had at least 
twelve (12) months continuous service, before and after the expected date of birth. Continuous service 
for a casual means work on an unbroken, systematic and regular basis. 

30.4 Subject to this clause and the Company's policy, the Employee may be granted birth related leave as 
follows: 

- for a period up to nine (9) weeks prior to the expected date of birth; and 

- for a period of up to twelve (12) months after the actual date of birth. 

30.5 Adoption related leave shall apply to an Employee including a casual Employee who has had at least 
twelve (12) months continuous service, who is adopting a child and who will be the primary carer to the 
child. Continuous service for a casual means work on an unbroken, systematic and regular basis. Subject 
to this clause and the Company's policy, the Employee may be granted adoption related leave for a period 
of up to twelve (12) months from the date of the taking of custody of the child. 

30.6 Where birth related leave or adoption related leave does not apply, other parent leave may be available to 
an Employee, including a casual Employee, who has had at least twelve (12) months continuous service 








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who will be the primary carer for the child. Continuous service for a casual means work on an unbroken, 
systematic and regular basis. Subject to this clause and the Company's policy, the Employee may be 
granted other parent leave for a period of up to twelve (12) months. Other parent leave is unpaid, except 
where taken in conjunction with paid leave such as annual or long service leave. 

30.7 Parental leave is available to only one (1) parent at a time, except that both parents may simultaneously 
access the leave in the following circumstances: 

- The simultaneous leave must not be longer than eight (8) weeks in total; 

- The simultaneous leave may be taken in separate periods, but, unless the Company agrees, each 
period must not be shorter than two (2) weeks; 

- Unless the Company agrees, the simultaneous leave must not start before: 

o If the leave is birth related leave, the date of birth of the child; or 

o If the leave is adoption related leave, the day of placement of the child. 

Paid Birth Related Leave and Paid Adoption R e l a t e d  Leave 

30.8 An Employee, other than a casual Employee, taking birth related leave or adoption related leave is 
entitled to payment at the ordinary rate of pay for a period of up to fourteen (14) weeks, provided the 
Employee: 

- Applied for birth related leave or adoption related leave within the time and in the manner 
determined set out in this clause; and 

- Prior to the commencement of birth related leave or adoption related leave, completed not less 
than forty (40) weeks continuous service. 

(Note: Employee taking 'other parent leave' is not entitled to any payment, except for period(s) of paid 
leave taken as part of 'other parent leave'.). 

30.9 Once all entitlements to pay have been exhausted, the balance of birth related leave or adoption related 
leave shall be unpaid. 

30.10 Payment for the birth related leave or adoption related leave may be made as follows: 

- in a lump sum payment at the commencement of birth related leave or adoption related leave; or 

- as full pay on a fortnightly basis while on birth related leave or adoption related leave; or 

- as half pay on a fortnightly basis while on birth related leave or adoption related leave; or 

- a combination of full pay and half pay while on birth related leave or adoption related leave. 

30.11 Paid birth related leave or adoption related leave shall be taken in one (1) unbroken period and shall not be 
extended by any period of public or other holidays that occur during the period of the paid birth related 
leave or adoption related leave. 

Access to other forms of leave 

30.12 In addition to paid parental leave where applicable, an Employee may elect to take available annual 
leave or long service leave at the commencement or conclusion of the period of parental leave, provided 
this does not extend the total leave period beyond the allowable period, and that the period of unpaid 
parental leave is not broken by any paid leave. 

30.13 The accrued annual leave can be taken: 

- in a lump sum payment at the commencement or conclusion of parental leave. 

- as full pay while on parental leave, provided it does not break up the unpaid parental leave period. 

30.14 The accrued long service leave can be taken: 

- in a lump sum payment at the commencement or conclusion of parental leave. 

- as full pay while on parental leave, provided it does not break up the unpaid parental leave period. 








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- as half pay while on parental leave, provided it does not break up the unpaid parental leave period. 

- a combination of full pay and half pay, provided it does not break up the unpaid parental leave 
period. 

30.15 An Employee who takes birth related leave, adoption related leave or other parent leave must clear any 
accumulated annual leave entitlements in excess of thirty (30) days before commencing any unpaid 
period of birth related leave, adoption related leave or other parent leave. 

Right to request 

30.16 An Employee who has been granted parental leave in accordance with this clause may apply to: 

- extend the period of unpaid parental leave for a further continuous period of leave of up to twelve 
(12) months; 

- return from a period of full-time parental leave on a part time basis or on a job share arrangement to 
assist the Employee in reconciling work and parental responsibilities. 

30.17 Applications must be made in writing as soon as practicable, preferably before commencing parental 
leave, or at least four (4) weeks before the proposed return date. 

30.18 The Company shall consider the request having regard to the Employee's circumstances and the effect 
on the workplace and/or the Company's business. 

30.19 Any Employee approved to take extended birth related leave, adoption related leave or other parent leave 
will be required to clear all accumulated annual leave prior to commencing extended parental leave. 

Notification Requirements 

30.20 An Employee must not unreasonably withhold notice of intention to apply for parental leave. 

30.21 An Employee who wishes to take parental leave must provide notice to the Company in writing at least 
ten (10) weeks before the expected commencement of parental leave, together with: 

(a) For birth related leave and other parent leave: a certificate from a registered medical practitioner 
which states the Employee (or their spouse) is pregnant and the expected date of birth; 

(b) For adoption related leave: written evidence from the adopting agency/other appropriate body of the 
expected date of placement; and 

(c) A statutory declaration stating: 

- the period of leave sought is so that the Employee can be the primary caregiver to the child, 

- detail any particulars of any period of parental leave sought or taken by their spouse, 

- that for the period of parental leave, the Employee will not engage in any conduct inconsistent with 
their contract of employment; and 

(d) A written notification of: 

- the period the Employee proposes to take parental leave, 

- if the Employee is likely to make a request to extend parental leave beyond the twelve (12) months, 
and/or, 

- if the Employee is likely to make a request to return to work on a part-time or job-share 
arrangement. 

30.22 An Employee will not be in breach of this clause if failure to give the required notice period is because 
of the birth occurring earlier than the presumed date or because of the child being placed earlier than the 
expected date of placement. 

30.23 An Employee on birth related leave must notify the Company of the date on which they gave birth as soon 
as they can conveniently do so. An Employee must notify the Company as soon as practicable of any 
changes associated with a premature delivery or miscarriage. 








- 24 -  

30.24 Where the placement of a child for adoption does not proceed or continue, the Employee is to notify the 
Company immediately and the Company may nominate a time not exceeding four (4) weeks from 
receipt of notification for the Employee to return to work. 

Variation of Parental Leave 

30.25 Unless agreed otherwise between the Company and Employee, an Employee may apply to the Company 
to change the period of parental leave on one (1) occasion. Any such change is to be notified at least 
four (4) weeks prior to the commencement of the new arrangements, unless otherwise agreed. 

Return to work after a period of Parental leave 

30.26 An Employee who has taken approved parental leave and resumes duty is entitled to return to the 
position held immediately prior to going on parental leave, if the position still exists. If the position no 
longer exists but there are other positions available that the Employee is qualified for and is capable 
of performing, the Employee is entitled to be employed in a position as nearly as possible comparable in 
status and pay to that of the Employee's former position. 

30.27 In the case of an Employee transferred to a safe job pursuant to sub-clause 30.30 the Employee will be 
entitled to return to the position they held immediately before such transfer. If the position no longer 
exists but there are other positions available that the Employee is qualified for and is capable of 
performing, the Employee is entitled to be employed in a position as nearly as possible comparable in 
status and pay to that of the Employee's former position. 

Communication during Parental leave 

30.28 The Employee shall take reasonable steps to inform the Company about any matter that will affect the 
Employee's decision regarding the duration of birth related leave, adoption related leave or other 
parent leave to be taken, whether the Employee intends to return to work and whether the Employee 
intends to request to return to work on a part time basis. 

30.29 The Employee shall also notify the Company of changes of address or other contact details which might 
affect the Company's capacity to communicate with the Employee. 

Health and safety of pregnant employees 

30.30 If, for any reason, a pregnant Employee is having difficulty in performing their normal duties or there is 
a risk to their health or to that of their unborn child, as certified by a medical examiner, the Company 
will, in consultation with the Employee, take all reasonable measures to arrange for safer alternative 
duties. This may include, but is not limited to, greater flexibility in when and where duties are carried 
out, a temporary change in duties, retraining, multi-skilling, working from home and job redesign. If the 
Employee is transferred to an appropriate safe job for the risk period, the Company must pay the 
Employee at the Employee's full rate of pay (for the position they were in before the transfer) for the 
hours that they work in the risk period. 

30.31 If such adjustments cannot reasonably be made, the Employee may elect, or the Company may require 
the Employee to commence birth related leave, or to access any available leave, for as long as it is 
necessary to avoid exposure to that risk, as certified by a medical practitioner, or until the child is born 
whichever is the earlier. In these circumstances, Employees may be entitled to "Paid No Safe Job 
Leave" in accordance with the FW Act. 

30.32 Where a pregnant Employee continues to work within the six (6) week period immediately prior to the 
expected date of birth, or where the Employee elects to return to work within six (6) weeks after the 
birth of the child, the Company may require the Employee to provide a medical certificate stating that 
they are fit to work on their normal duties. 

31. PURCHASED LEAVE FOR PERSONAL OR FAMILY REASONS 

31.1 The purchased leave scheme is a voluntary scheme available to all permanent Employees covered by 
this Agreement who have been continuously employed for a period of twelve (12) months who wish to 
extend their leave options for personal reasons or to meet family responsibilities. 








- 25 -  

31.2 The terms and conditions of the purchased leave scheme are listed below and also subject to Company 
policy. 

31.3 Employees wishing to participate in this scheme must submit an application to their manager with a 
minimum twelve (12) months' notice. The application must stipulate the dates the leave is required. 

31.4 Employees who wish to participate in this scheme will have monies deducted each fortnight over the 
preceding twelve (12) month period to pay for their personal and family leave. Money deducted will be 
ordinary hours after all penalties and overtime have been calculated. There will be no reduction in the 
hourly rate of pay. 

31.5 The minimum amount of personal or family leave that can be taken in any one (1) period will be one (1) 
week and the maximum will be four (4) weeks in a twelve (12) month period. 

31.6 The additional leave purchased under this scheme will not attract leave loading. 

31.7 Personal leave and long service leave will continue to accrue at the usual rate during the term of the 
Employee's participation in the purchased leave scheme. 

31.9 Applications for participation in the purchased leave scheme will be approved at the Company's 
discretion, subject to Company policy, taking into consideration operational and service delivery 
requirements. 

31.10 Employees are required to re-apply annually if they wish to participate in the scheme. 

31.11 Employees should seek independent financial advice regarding their superannuation options prior to 
entering into the purchased leave arrangement. 

32. PICNIC DAY 

32.1 Where reasonably practicable an Employee shall be granted a day's leave, without deduction of pay, 
each calendar year to attend an Annual Salaried Officers' Picnic, provided the Employee would 
ordinarily work on that day had it not been for the picnic day occurring. 

32.2 Where an Employee is required by the Company to work on a picnic day, the Employee will be paid for 
the time worked, subject to appropriate penalty rates plus an additional cash payment equivalent to: 

- seven (7) hours pay: for Employees engaged on thirty five (35) hour week; 

- seven (7) hours and thirty six (36) minutes pay: for Employees engaged on thirty eight (38) 
hour week. 

32.3 The Company shall require from an Employee evidence of attendance or desired attendance at the 
approved picnic. The production of the butt of a picnic ticket purchased or some equivalent receipt shall 
be sufficient evidence to satisfy this requirement. Where such evidence is requested by the Company but 
not produced by an Employee, no payment will be made to the Employee for the day. 

32.4 An Employee who is not required by the Company to work in the area in which the Employee is 
normally employed on the picnic day and who does not purchase a ticket for the picnic shall, where 
appropriate, be provided with alternative duties on that day. Such duties are to be at the discretion of the 
Company. 

32.5 An Employee who elects to work in accordance with clause 32.4 shall not be entitled to any additional 
payment for the picnic day. 

33. PUBLIC HOLIDAYS 

33.1 Employees covered under this Agreement shall be entitled to the following public holidays without loss 
of pay: 

(a) New Year's Day 

(b) Australia Day 

(c) Good Friday 








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(d) Easter Saturday 

(e) Easter Monday 

(f) Anzac Day 

(g) Sovereign's Birthday 

(h) Labour Day 

(i) Christmas Day 

(j) Boxing Day; and 

(k) Any day which is gazetted or proclaimed as a public holiday in the state of New South Wales in 
substitution for, or in addition to, any of the days listed in a) to j) above. 

33.2 Where an Employee is required to work on a proclaimed public holiday, that Employee will have the 
option to be paid the monetary value for the day, forgoing accumulation for future clearance, or to 
accumulate the public holiday for clearance with their annual leave accumulated for that  year. If the 
public holiday is not cleared it will be paid out with the final pay on or after 30 June of each year. 

33.3 Employees who are required to work on a public holiday and elect to be paid the monetary value for the 
day, are paid for all hours worked at double time and a half. 

34. CONCESSIONAL DAY 

Employees covered under this Agreement shall be entitled to a concessional day in substitution of the bank 
holiday. 

35. CAPPING OF ADDITIONAL DAYS OFF (ADOS) 

35.1 Subject to the prior approval of the Employee's manager, an Employee may accumulate up to a 
maximum of five (5) ADOs. 

35.2 Managers in consultation with Employees are required to implement appropriate administrative 
procedures to ensure the proper and effective management of ADOs. 

35.3 Where the failure to clear an ADO (in excess of five (5) accumulated ADOs) arises at the request or 
direction of the Company, an Employee will be paid at the applicable overtime rate for the ADO 
worked. 

  








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PART F - FLEXIBLE WORK ARRANGEMENTS 

36. FLEXIBLE WORK ARRANGEMENTS 

Employees are entitled to flexible work arrangements in accordance with this Agreement and the NES. 

37. MAKE UP TIME 

37.1 An Employee may elect, with the consent of the Company, to work "make up time" under which the 
Employee takes time off during ordinary hours, and works those hours at another time, during the spread 
of ordinary hours provided under this Agreement. 

37.2 An Employee on shift work may elect, with the consent of the Company, to work "make up time" under 
which the Employee takes time off ordinary hours and works those hours at another time, at the shift 
work rate which would have been applicable to the hours taken off. 

38. JOB SHARING 

38.1 Job sharing is a form of part-time employment where more than one (1) Employee shares all the duties 
and responsibilities of one (1) job. 

38.2 The terms and conditions of job sharing are listed below and also subject to Company policy. 

38.3 Job sharing will be entered into by agreement between the Company and Employees concerned. The 
Company and the job sharers shall agree on the allocation of duties between the job sharers. 

38.4 The hours of work shall be fixed in accordance with the conditions of part time employment. 

38.5 In the absence of a job sharer, the remaining job sharer(s) may be required to relieve the absent job 
sharer provided the remaining job sharer(s) shall be paid their ordinary rate of pay for the time relieving. 

38.6 A job sharer may, by agreement, work more than their regular number of hours and be paid at their 
ordinary hourly rate. 

38.7 Job sharers shall have access to all provisions of this Agreement pertaining to their classification. Job 
sharers shall receive pro rata pay and conditions in proportion to the ordinary hours worked by each job 
sharer. 

38.8 A change to job sharing from full-time or part-time employment or from job sharing to full-time or part- 
time employment shall not constitute a break in the continuity of service. All accrued entitlements shall 
be calculated in proportion to the hours worked in each employment arrangement. 

38.9 In the event of a job sharer vacating the job, the Company will review the job and shall consider filling 
the vacancy or offering the remaining job sharer(s) increased hours. 

39. CAREER BREAK 

39.1 A permanent Employee who has had continuous service with the Company for a minimum period of 
five (5) years may make application to take a fixed period of time off work, in order to fulfil family or 
personal commitments or to pursue personal development without loss of job security. 

39.2 The terms and conditions under which an Employee may take a career break are listed below and also 
subject to Company policy. 

39.3 The minimum period for a career break is six (6) months. The maximum period for a career break is 
twenty-four (24) months. 

39.4 An Employee must provide three (3) months' notice of a request to take a career break. 

39.5 Any Employee taking career break leave will be required to clear all accrued annual leave and public 
holidays prior to commencing leave. 

39.6 Any unpaid period of the career break will be regarded as leave without pay for the purpose of leave 








- 28 -  

accrual and superannuation. 

39.7 At the commencement of the career break, Employees must return their employee travel pass. 

39.8 At the completion of the career break, an Employee can return to a position at the same grade that they 
held before commencing the break. 

39.9 Where there is no position immediately available at the same grade for Employees taking twelve (12) 
months or less leave, the Employee's skills and abilities will be assessed and they will be placed in 
another position at the same grade held before commencing the career break. 

39.10 Employees who are absent beyond the maximum leave period in 39.3 above will be subject to clause 22 
of this Agreement. 

39.11 Applications for career breaks will be approved at the Company's discretion. 

40. WORKING FROM HOME 

40.1 An Employee can work from home with the approval of the local manager if it can be demonstrated that 
the work can be carried out efficiently and effectively. 

40.2 Employees will not be entitled to work from home for more than two (2) days in any working week 
unless otherwise authorised by the General Manager responsible for the area. 

40.3 Approval to work from home will not be authorised if the Employee does not have suitable resources in 
their home. The Company may at its discretion, assist in providing such resources. 

40.4 For ongoing and regular working from home arrangements, a Workplace Health and Safety report and 
clearance of the intended place of work must be submitted to the relevant General Manager prior to the 
Employee being approved to work from home. 

40.5 If required by the manager, an Employee who works from home must submit work completed at home 
to be sighted and signed off by the manager. 

40.6 The terms and conditions under which an Employee can work from home are also subject to policies and 
procedures of the Company. 

  








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PART G – OTHER 

41. HIGHER DUTIES FOR SENIOR & SALARIED EMPLOYEES 

Salaried Employees in Higher Grade Positions 

41.1 Any Salaried Employees required to relieve in a higher grade shall be paid at least the minimum salary of 
the higher grade for the period of the relief, provided that the Employees' manager or supervisor 
certifies that the Employee is carrying out the normal duties of the higher-grade position. 

Senior Employees in Higher Grade Positions 

41.2 Higher duty payments for Senior Employees will apply where the time worked in the higher graded 
position exceeds four (4) consecutive working days. When a Senior Employees works on the fifth (5th) 
consecutive day retrospective payment for the previous four (4) working days will be made. 

Note: see also clause 67 regarding Higher Grade conditions for Senior Employees. 

Salaried and Senior Employees Generally 

41.3 In the case of Employees required to relieve in a higher-grade position, the conditions applicable to the 
higher-grade position undertaken shall be taken to apply for the period of the relief, subject to the 
limitations set out in this clause. 

41.4 All time spent by an Employee relieving in a higher grade for which credit has been allowed for the 
purpose of subclause 41.2, shall be counted as service in the next higher grade to that in which the 
Employee is classified, for the purpose of assessing the rate of salary to which the Employee will be 
entitled following promotion to such higher grade. 

41.5 If an Employee is booked to clear a public holiday which falls during a period in which the Employee is 
acting in a higher grade, and the Employee works in the higher grade on the working days before and 
after the public holiday, then payment for the public holiday shall be at the rate of pay to which the 
Employee is entitled during the acting period. 

41.6 Any Employee who has relieved in a higher grade position for twelve (12) calendar months either 
continuously or non-continuously shall, while performing such duties, be paid the next higher rate of 
pay, if any, prescribed for such higher position provided that where the duty is non-continuous, periods 
of less than one (1) week shall not count. 

42. WORKPLACE HEALTH AND SAFETY TRAINING 

42.1 The Parties recognise the obligation of the Company to provide a safe and healthy workplace. All 
Employees are responsible for their own safety, the safety of other employees and the general public. 

42.2 The Company will determine the standards and requirements of training for Employees, in consultation 
with Employees and their representatives, including any union party to this Agreement. A certificate 
will be awarded to Employees who successfully complete the training. 

42.3 Every Employee will have the opportunity to attend a minimum of two (2) hours paid WHS awareness 
training each calendar year. 

43. DRUG AND ALCOHOL TESTING 

The Parties recognise the legislative obligations on the Company to ensure the workplace is free from drugs 
and alcohol, and all Employees are to comply with the provisions of legislation and/or Company policy relating 
to random drug and alcohol testing and the internal programs that are in place. 

44. STAND DOWN 

The Company may deduct payment for any day or shift that an Employee cannot be usefully employed because 
of any strike, or through any stoppage of work, by any cause for which the Company cannot reasonably be held 
responsible, or because of the failure of the Employee to perform any work allotted to, or available for, the 
Employee during such period of strike or stoppage of work. 








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PART H - CORE CONDITIONS FOR SALARIED EMPLOYEES 

45. HOURS OF DUTY FOR SALARIED EMPLOYEES 

45.1 Except as provided for in subclauses 45.2 and 45.3 the ordinary hours of duty shall be thirty eight (38) 
per week to be worked in not more than five (5) shifts. 

45.2 Ordinary hours of duty may be worked to provide for one hundred and fifty two (152) hours work in a 
four (4) week work cycle to enable Employees to have one (1) day off duty during that cycle by 
accruing additional working time on other working days. Payment in these circumstances to be made on 
an averaging basis of seventy six (76) ordinary hours per fortnight. 

45.3 Clerical and administrative Employees employed prior to 28 April 2020 who were engaged to work in 
non shift work positions shall have ordinary hours of duty of thirty five (35) hours per week, to be worked 
in not more than five (5) shifts and a total of one hundred and forty (140) hours in a four (4) week cycle, 
to meet the criteria for accruing an ADO. For the avoidance of doubt, clerical and administrative 
Employees whose employment commenced after 28 April 2020 shall be engaged as per clause 45.1 and 
45.2. 

45.4 Where an Employee is required to work less than thirty eight (38) hours per week and where a 
recognised finishing time exists, no Employee shall be called upon to work beyond that time. 

45.5 The span of hours shall be 8.30am to 5.30pm. The Company may alter the span of hours where required. 

45.6 The times in which the ordinary hours shall be worked may be altered by agreement between the 
Company and the Employee. 

45.7 As far as practicable, Employees shall not be rostered for a longer period than nine (9) hours to be 
worked in eleven (11) hours overall. 

45.8 As far as practicable, Employees required to work shift work shall have one (1) week on day duty (that 
is, shifts that do not finish between 12 midnight and 8.00a.m.) in every three (3) and one (1) Sunday off 
in every three (3). 

45.9 In arranging hours of duty, when necessary, sufficient time must be allowed to permit a proper hand- 
over of duties. 

46. MINIMUM PAYMENTS 

46.1 Any Employee who attends for duty in accordance with instructions but is not required, shall receive a 
minimum of five (5) hours pay unless at least twelve (12) hours' notice was given to the Employee 
personally that they were not required for duty. 

46.2 If an Employee actually commences duty and is subsequently advised that they are not required, the 
Employee shall receive a minimum of seven (7) hours pay. 

47. SPREAD OF HOURS 

47.1 All time worked from time first signed on a broken shift shall be paid at the following rates: 

47.1.1 Between a spread of nine point five (9.5) hours and ten point five (10.5) hours - time and a 
half; 

47.1.2 After ten point five (10.5) hours - double time. 

47.2 Employees shall not be rostered for broken shifts on a Saturday, Sunday or Public Holiday. 

48. OVERTIME 

48.1 Except as provided for in subclause 48.2 below, Employees shall not work more than seven (7) hours 
thirty six (36) minutes in any one (1) shift without overtime. All time worked in excess of seven (7) 
hours thirty six (36) minutes per shift or thirty eight (38) hours per week shall be paid for at overtime 
rates. 








- 31 -  

48.2 Where the ordinary hours of duty are worked on the basis of one hundred and fifty two (152) hours in a 
four (4) week work cycle as per subclause 45.2, Employees shall not work more than eight (8) hours in 
any one (1) shift without overtime. All time worked in excess of eight (8) hours per shift, or ordinary 
hours for a particular week in such cycle, shall be paid for at overtime rates. 

48.3 In calculating the number of hours worked per week, any leave shall be treated as time worked. 

48.4 Except in special circumstances, no Employee shall work overtime unless authority for so working is 
first given by an Employee responsible for authorising overtime, and whenever possible, Employees 
shall be given twenty four (24) hours' notice of the requirement that they work overtime. 

48.5 For the purpose of calculating hourly rates the ordinary fortnightly salary shall be divided by the 
ordinary hours for the fortnight. 

48.6 Except in unavoidable circumstances, all overtime worked during any fortnightly pay period shall be 
paid for not later than the payday for the period following that in which the overtime is worked. 

48.7 Payment for overtime shall be made at the following rates: 

48.7.1 Time worked on Saturdays, which does not form part of the ordinary hours for the week - 
time and a half for first three (3) hours and double time thereafter. 

48.7.2 Except as provided for in subclause 48.7.3, time worked in excess of seven (7) hours 
thirty six (36) minutes but less than ten (10) hours thirty (36) minutes in any one (1) shift 
Mondays to Fridays - time and a half. 

48.7.3 Where the ordinary hours of duty are worked on the basis of one hundred and fifty two 
(152) hours in a four (4) week work cycle as per subclause 45.2, time worked in excess of 
eight (8) hours but less than eleven (11) hours in any one (1) shift, Mondays to Fridays - time 
and a half. 

48.7.4 Except as provided for in sub-clause 48.7.5, time worked in excess of ten (10) hours thirty six 
(36) minutes in any one (1) shift - double time. 

48.7.5 Where the ordinary hours of duty are worked on the basis of one hundred and fifty two 
(152) hours in a four (4)-week work cycle as per subclause 48.2, time worked in excess of 
eleven (11) hours in any one (1) shift - double time. 

48.7.6 Except as provided for in subclause 48.7.7, time worked in excess of thirty eight (38) 
hours in the week - time and a half. This subclause shall not apply where overtime 
payment is calculated on a daily basis under the provisions of sub-clauses 48.7.2 and 
48.7.3 above. Payment for overtime shall be calculated upon whichever of the two (2) 
alternatives gives the greater amount. 

48.7.7 Where the ordinary hours of duty are worked on the basis of one hundred and fifty two 
(152) hours in a four (4) week work cycle as prescribed in subclause 48.2, time worked 
in excess of ordinary hours for a particular week in such cycle - time and a half. This 
subclause shall not apply where overtime payment is calculated on a daily basis under 
the provisions of sub-clauses 48.7.2 and 48.7.3. Payment for overtime shall be 
calculated upon whichever of the two (2) alternatives gives the greater amount. 

48.7.8 Except as provided in subclause 48.7.9, time worked by Employees whose ordinary hours of 
duty are less than thirty eight (38) per week before, after or beyond the usual hours up to 
seven (7) hours thirty six (36) minutes in any one (1) shift - ordinary time. 

48.7.9 Where such ordinary hours of duty less than thirty eight (38) per week are worked by 
Employees during a four (4) week working cycle as provided for in subclause 48.2 above, 
time worked before, after or beyond the usual hours up to eight (8) hours in any one (1) 
shift - ordinary time. 

48.8 The Company shall determine whether or not to offer overtime (including DOCs), whether or not to 
cover a shift, and the method of covering a shift or offering overtime if any (including whether to cover a 
full shift, part shift, or offer overtime before or after a shift, or a DOC). 

 








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49. TIME OFF IN LIEU OF PAYMENT FOR OVERTIME 

49.1 An Employee may elect, with the consent of the Company, to take time off in lieu of payment for 
overtime at a time or times agreed with the Company. 

49.2 Alternatively, by agreement with the Company, the Employee may elect to be paid at ordinary rates for 
the time worked and, take time off at the rate of one (1) half hour, or one (1) hour, as the case may be, 
for each hour of overtime worked. 

49.3 The Company shall, if requested by an Employee, provide payment at the rate provided for in this clause 
for any overtime worked as per clause 48.1 where such time has not been taken within four (4) weeks of 
accrual. 

49.4 The Company shall record time off in lieu arrangements for each occasion this provision is used. 

50. SUNDAY TIME 

50.1 Sunday means the period between 12 midnight Saturday and 12 midnight Sunday. 

50.2 An Employee ordinarily required to work on Sunday as part of their regular working week shall be paid 
for all time worked on Sunday during their ordinary hours of duty at the rate of double time. The extra 
single time allowance shall stand alone and be paid for independently of other time. 

50.3 Employees who do not ordinarily work on Sunday shall be paid for any time worked on Sunday at the 
rate of double time. 

51. SATURDAY TIME 

51.1 Saturday means the period between 12 midnight Friday and 12 midnight Saturday. 

51.2 Notwithstanding anything contained in this Agreement, all time worked on Saturday which forms part 
of the ordinary hours for the week shall be paid for at the rate of time and a half. 

51.3 Time paid under this provision shall not be subject to any extra salary payment whatsoever under any 
other clause of this Agreement provided, however, that time which forms part of the ordinary hours for 
the week shall continue to be taken into consideration for the calculation of overtime. 

52. SHIFT WORK ALLOWANCE 

52.1 Definitions for the purpose of this clause are: 

52.1.1 Afternoon Shift means a shift which commences before 6.00pm and concludes at or after 
6.30pm. 

52.1.2 Night Shift means a shift which commences at or between 6.00pm and 3.59am. 

52.1.3 Early Morning Shift means a shift which commences at or between 4.00am and 5.30am. 

52.2 Shift Work Allowances 

52.2.1 Subject to clause 52.2.2, for all paid time on duty not subject to overtime penalty on the 
day on ordinary shifts on days other than a Sunday, Saturday or a public holiday, an 
employee in receipt of an adult salary rate shall receive an allowance as set out in 
Schedule C. 

52.2.2 Senior Employees shall be paid half the allowance herein prescribed for the same time on 
duty. 

52.2.3 In calculating the allowances herein prescribed, broken parts of an hour of less than thirty 
(30) minutes shall be disregarded and thirty (30) minutes to fifty nine (59) minutes s hall 
be paid for as an hour. 

52.2.4 Subject to clause 52.2.5, in addition to the allowances prescribed herein, an Employee in 
receipt of an adult salary rate who signs on or off at or between 1.01am and 3.59am on 
Monday to Friday shall be paid a loading for that shift as outlined in Schedule C provided 








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that such loading is not payable on a public holiday or overtime shift. 

52.2.5 Senior Employees shall be paid half the loading herein prescribed for the same turn of 
duty. 

53. TIME OFF BETWEEN SHIFTS 

Other than in cases of unavoidable necessity, Employees who are engaged in shift work s hall be allowed a 
minimum of ten (10) hours between shifts. 

54. ROSTERED DAY OFF 

54.1 An Employee's Rostered Day Off (RDO) shall consist of not less than twenty (24) hours from time 
signed off until time signed on again. 

54.2 When an Employee works on their RDO and is not given another day off in lieu in the same week, time 
worked shall stand alone and be paid for at the rate of double time if a Saturday or Sunday, or at the rate 
of time and a half for the first three (3) hours and double time thereafter if any other day. 

54.3 Any Employee who sits for an examination on their RDO, shall have another day off granted in lieu of 
the time so occupied. 

54.4 This clause shall not operate in the cases of Employees attending for any re-examinations. 

55. EXCESS TRAVELLING TIME 

55.1 Subject to the limitations in clauses 55.8 and 55.9 (below), any Employee who takes up duty 
temporarily away from their usual workplace shall be paid at ordinary rates for any extra time occupied 
in travelling to and from such point of duty. 

55.1.1 Payment shall be based on the shortest practical route in excess of that usually occupied in 
travelling between their residence and usual workplace. 

55.1.2 In addition the Employee shall be paid an allowance of twenty five (25) minutes, 
calculated as per subclause 55.4, daily in lieu of all scheduled connections. 

55.2 Any Employee who takes up duty temporarily away from their usual workplace shall be paid the amount 
of any additional fares reasonably incurred in travelling to and from such temporary point of duty. 

55.3 For the purposes of this clause Employees shall be regarded as not being on duty away from their usual 
workplace when working in any place within three point two (3.2) kilometres of such usual workplace 
measured by the nearest practical route. 

55.4 Ordinary rates for the purposes of subclause 55.1, means the rates paid for the work on which the 
Employee is engaged for the day. 

55.5 When an Employee is required to travel on duty outside the hours of their normal rostered shift, the 
Employee shall be paid for such travelling time at single rate, except where otherwise provided herein, 
to the extent that it exceeds two (2) hours in each period of twenty four (24) hours but such payment 
shall be subject to a maximum of twelve (12) hours (eight (8) hours when a sleeping berth is provided) 
in each twenty four (24) hours. 

55.6 The period of twenty four (24) hours shall be deemed to commence when travel commences and where 
the period exceeds twenty four (24) hours the time to be paid shall be computed afresh after expiration 
of each twenty four (24) hours absence. 

55.7 Payment for travelling time on a Saturday shall be at the rate of time and a quarter, and on a Sunday or a 
public holiday shall be at the rate of time and a half. 

55.8 Employees whose salary rates are in excess of the maximum prescribed for Clerk, Special Grade, shall 
not be eligible for the payment of travelling time. 

55.9 Travelling time which is payable under this clause shall not be paid at a salary rate exceeding the 
maximum prescribed salary for Clerk Grade 6. 








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56. CHANGE OF USUAL WORKPLACE 

The usual workplace of an Employee shall not be altered in any case where it is known at the time of transfer or 
temporary relocation to another place of employment that the Employee will be required to work at such place 
for less than six (6) months. This clause shall not apply to Employees who are surplus to requirements. 

57. INCREMENT INCREASES 

Annual increment increases for all Salaried Employees covered by this Agreement will only be approved 
subject to satisfactory performance. Such assessment of performance is to be completed prior to each 
Employee's anniversary of appointment to their current position. 

58. SALARY RATES 

58.1 Employees performing work within the classifications listed in the following tables will be paid annual 
salary at no less than the minimum rate adjacent to the relevant classification. 

58.2 Junior Salaries 
 
Age 

 
Relativity % 

Under 17 44 
At 17 50 
At 18 57 
At 19 68 
At 20 75 

58.3 Salaried Employees 
 
Grade 

 
Relativity % 

1 83 
2 100 
3 103 
4 110 
5 118 
6 129 
Special 140 

  








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PART I - OPERATIONAL SUPPORT STREAM 

59. HANDOVER PERIOD 

Where there is no overlap of shift and a Duty Officer or Control Room Operator signs off and is replaced, and 
their work is taken over by another Duty Officer or Control Room Operator, there will be a ten (10) minute 
handover period built into the shift. 

60. FATIGUE MANAGEMENT 

The Parties recognise the application of the fatigue management principles to all transport safety work. The 
Parties are committed to abide by current and future legislation relating to fatigue management in the rostering 
of all transport safety work. 

61. DUTY OFFICERS ROSTER PRINCIPLES 

Master Roster 

61.1 A master roster is the template that all period rosters are based upon and will contain all known work. 

Introduction of Master Rosters 

61.2 In order to meet changing customer, operational and commercial requirements, it is necessary from time 
to time to alter rosters to cater for changed circumstances. 

61.3 Master rosters shall be adjusted on the provision of twenty eight (28) days' notice up to a maximum of 
twice per calendar year, except in exceptional circumstances, and in consultation with affected Employees, 
master rosters will be adjusted in the following manner: 

61.3.1 On the twenty eighth (28th) day prior to introduction, a copy of the new duty and period 
roster is to be given to all affected Employees and an additional copy placed on the depot 
notice board. 

61.3.2 On the twenty first (21st) day prior to introduction, concerns raised with the rosters are to 
be provided to the relevant manager. During the next seven (7) days, the relevant 
manager is to modify the roster on the basis of concerns raised, providing such alterations 
do not impact on the overall efficiency and cost of the roster. 

61.3.3 The roster is to be displayed on the Tuesday prior to introduction. 

61.4 Rosters will be worked where they comply with all relevant policies, industrial instruments and fatigue 
requirements. 

Period Rosters 

61.5 Four (4) weekly period rosters are constructed by using the master roster as the template and then making 
the necessary alterations to shifts or lines of work in accordance with the business needs for the ensuing 
four (4) weeks, which includes all known work. 

61.6 Period rosters will be posted on the Tuesday prior to the commencement of the new period roster on the 
Sunday. 

61.7 When constructing the period roster, if a day off pattern in the period roster is altered to be different to 
the master roster, the relevant manager will consult with affected Employees, except during a week where 
a public holiday falls on a weekday. In such instance a day off may be inserted into the public holiday. 

61.8 If an Employee has had approval to clear a public holiday, there will be no requirement to work the public 
holiday unless otherwise agreed between the Employee and the Company. 

61.9 Employees may exchange shifts by mutual agreement providing management approves the exchange. 

61.10 Special events are to be built into the period roster where known and will also be posted at least fourteen 
(14) days prior to the event where known. When notice of a special event is obtained after the posting of 
the period roster, the rosters are to be altered in consultation with affected Employees. 








- 36 -  

61.11 When constructing the period roster, all planned leave is to be covered by relief Duty Officer. If assigning 
a relief Duty Officer adversely impacts on the Company’s delivery of services to passengers, then those 
shifts will be DOC’d into the existing roster for an appointed Duty Officer. All unplanned leave (e.g., 
personal leave) will be offered to an appointed Duty Officer in the first instance on the basis that there are 
no spare drivers that would allow a relief DO’s to cover the shift.  

Daily Maintenance of Period Rosters 

61.12 No alteration shall be made to the hours of work of any Employee except in cases of sickness, accident, 
failure of duty or suspension from duty of an Employee, attendance of an Employee at court or leave for 
Employees at short notice, unless the Employee is notified of such alteration on attending for duty on the 
shift proceeding the one altered. The notice period can be waived by mutual agreement between the 
Company and Employee. If an Employee has two (2) days off together, they must be advised of any 
alteration of their work on the first day of their days off. 

61.13 The provisions of this clause do not apply in emergencies or unforeseen circumstances. 

61.14 Employees will not be called upon to work a broken shift on a Saturday, Sunday or Public Holiday. 

61.15 Any Employee that attends for duty in accordance with instructions but is not required, shall receive a 
minimum of five (5) hours pay unless at least twelve (12) hours' notice was given to them that they were 
not required for duty. 

61.16 If an Employee commences duty and is not required for the full shift, they will receive a minimum of 
seven (7) hours pay. 

  








- 37 -  

PART J - SENIOR EMPLOYEES STREAM 

62. HOURS OF WORK FOR SENIOR EMPLOYEES 

62.1 The ordinary hours of work for full time Senior Employees covered by this Agreement shall be thirty 
eight (38) hours per week. 

62.2 Casual and Temporary Senior Employees may be required to work at any of the Company's work 
locations. 

62.3 Ordinary hours of duty may be worked to provide for one hundred and fifty two (152) hours work in a 
four (4) week work cycle to enable Employees to have one (1) day off duty during that cycle by 
accruing additional working time on other working days, such hours to be arranged within shift limits 
specified in 62.1. Payment in these circumstances to be made on an averaging basis of seventy six (76) 
ordinary hours a fortnight. 

63. SPAN OF HOURS 

The hours of duty specified in clause 62 shall, as far as practicable, be worked between 8.30a.m. and 5.30p.m. 
But where the requirements of the service call for work during other periods, such periods may be fixed by the 
Company, provided that the times between which the ordinary hours shall be worked may be altered by 
agreement between the Company and the majority of affected Employees and their representatives. 

64. OVERTIME & RECALL TO DUTY PROVISIONS FOR SENIOR EMPLOYEES 

Overtime 

64.1 Senior Employees covered by this Agreement are not entitled to payment for time worked in excess of 
their ordinary hours of duty. However, the Company and Employees and their representatives, may 
make arrangements for a payment to be made to Employees required to work overtime, consistent with 
subclause 64.2. 

64.2 Subject to the prior approval of the relevant General Manager, Senior Employees required to perform 
additional duties outside normal hours (e.g., extraordinary activities, special projects and special events), 
shall be paid at the rate of time and one half for time worked on such additional duties. 

64.3 When overtime work is necessary it shall, where reasonably practicable, be arranged so that Employees 
have at least ten (10) consecutive hours off duty between the work of successive days. 

Recall to Duty 

64.4 A Senior Employee recalled to duty outside of the Employee's normal working hours shall be paid a 
minimum of three (3) hours at the rate prescribed in subclause 64.2. No additional payment will be 
provided for travel time involved in any recall to duty under this clause. 

64.5 Any claim made by a Senior Employee in accordance with this clause, must be approved by the 
Employee's General Manager. 

Time off in lieu 

64.6 Where overtime is payable to a Senior Employee, and where the relevant General Manager agrees, a 
Senior Employee may elect to take time off in lieu of overtime. Provided that time off in lieu for 
overtime shall be at single time only and not time and one half. 

64.7 Where a Senior Employee has not cleared time off in lieu within three (3) months of accrual, the Senior 
Employee shall be paid for the time in lieu at the appropriate rate or rates. 

64.8 The Company shall record time off in lieu arrangements for each time this provision is used. 

65. PERFORMANCE AGREEMENT PROGRAMS 

65.1 Increment increases for all Senior Employees will be subject to satisfactory performance. 








- 38 -  

65.2 The General Manager will determine performance agreement programs for each area or classification. 
Individual performance agreements will be developed and agreed between the individual Employee and 
their manager. The programs will include, but not be limited to: 

- being cyclical; 

- incorporating a progress review process to operate during the overall cycle; 

- including specific goals or objectives linking the performance of individual Employees to the 
Company's overall goals and objectives. These goals and objectives will be agreed between the 
manager and Employee on a cyclical twelve (12) month period; 

- providing, as far as is possible, objectively measurable performance indicators; 

- including provisions for revising goals and objectives in the light of changed circumstances. 

65.3 The performance agreement programs will be designed to allow for one-step increment advances for 
satisfactory performance, accelerated advancement for outstanding performance by Senior Employees, 
or withholding advancement where performance does not meet expectations. 

65.4 The General Manager will provide a review process for Employees who are dissatisfied with assessment 
outcomes. 

65.5 During the development of overall performance agreement programs, an incentive payment for 
Employees at the top of their respective band will be developed. 

66. INCREMENT INCREASES 

66.1 A Senior Employee is entitled to annual increment advancement, subject to written certification of 
satisfactory performance in relation to their Performance Agreement by the appropriate manager in 
accordance with clause 65. 

66.2 If an Employee's performance has been unsatisfactory over the twelve (12) month increment period 
subject to clause 65, the manager may make application to the General Manager to withhold a due 
increment. All cases must be fully documented with supporting reasons. 

66.3 If an Employee's performance has been exceptional over the twelve (12) month increment period 
subject to clause 65, the manager may make application to the General Manager to grant a two-step 
increment. All cases must be fully documented with supporting reasons. 

67. SALARY MOVEMENT LINKED TO PROMOTION & ACTING IN HIGHER GRADE 

67.1 Where an Employee is promoted, or acts in a higher graded position, the Employee will receive either: 

67.1.1 The minimum salary of the grade of the position to which the Employee is being 
promoted or is acting in; or 

67.1.2 Should the Employee's existing salary be greater than the minimum salary of the higher 
graded position, the Employee shall progress to the service increment(s) within the grade 
which provides a minimum of three percent (3%) to five percent (5%) increase or greater. 

67.2 The Company may offer a salary greater than that provided in subclauses 67.1.1 and 67.1.2 provided that 
the salary is no greater than the maximum increment of the relevant grade and that the General Manager 
agrees. Such approval must be documented and can only be given where the General Manager is satisfied 
that either: 

67.2.1 The experience, ability and qualifications of the Employee warrant a salary higher than 
that applying in subclauses 67.1.1 and 67.1.2, or 

67.2.2 The Employee's current rate of pay is already close to, or above, that provided in 
subclauses 67.1.1 and 67.1.2, necessitating a higher level in order to provide a financial 
incentive to accept the position. 

 
  








- 39 -  

SCHEDULE A 

Senior Employees' Pay rates 

1-Jul-22 3.00% 

Grade Step l Step 2 Step 3 Step 4 Step 5 

A $101,769 $105,206 $108,890 $113,006 $117,786 

B $116,711 $120,462 $124,522 $128,965 $133,783 

C $129,799 $133,949 $138,479 $143,262 $148,439 

D $143,882 $148,498 $153,445 $159,067 $165,153 

E $157,975 $163,127 $169,061 $175,513 $182,642 

F $175,084 $180,803 $187,173 $194,146 $201,921 

G $190,982 $197,615 $204,882 $212,521 $220,989 

1-Jul-23 3.00% 

Grade Step l Step 2 Step 3 Step 4 Step 5 

A $104,822 $108,362 $112,156 $116,397 $121,319 

B $120,213 $124,075 $128,258 $132,834 $137,796 

C $133,692 $137,968 $142,634 $147,560 $152,893 

D $148,198 $152,953 $158,049 $163,839 $170,108 

E $162,714 $168,021 $174,133 $180,778 $188,121 

F $180,336 $186,227 $192,788 $199,970 $207,979 

G $196,711 $203,543 $211,029 $218,897 $227,618 

1-Jul-24 3.00% 

Grade Step l Step 2 Step 3 Step 4 Step 5 

A $107,967 $111,613 $115,521 $119,889 $124,959 

B $123,819 $127,798 $132,105 $136,819 $141,930 

C $137,703 $142,107 $146,913 $151,986 $157,479 

D $152,644 $157,542 $162,790 $168,754 $175,211 

E $167,596 $173,062 $179,357 $186,202 $193,765 

F $185,746 $191,814 $198,571 $205,969 $214,218 

G $202,612 $209,650 $217,360 $225,463 $234,447 

 

 






  



- 40 -  

1-Jul-25 3.00% 

Grade Step 1 Step 2 Step 3 Step 4 Step 5 

A $111,206 $114,962 $118,987 $123,485 $128,708 

B $127,534 $131,632 $136,068 $140,924 $146,188 

C $141,834 $146,370 $151,320 $156,546 $162,204 

D $157,223 $162,268 $167,674 $173,817 $180,467 

E $172,624 $178,254 $184,738 $191,788 $199,577 

F $191,318 $197,568 $204,529 $212,148 $220,645 

G $208,691 $215,939 $223,881 $232,227 $241,480 

The Industry Allowance has been incorporated into the rate of pay from l/07/2020  






  



- 41 -  

SCHEDULE B 

Salaried Employees' Pay rates 

 

Increases 3.00% 3.00% 3.00% 3.00% 

Clerk Grade 1 1/07/2022 1/07/2023 1/07/2024 1/07/2025 

1st year $55,270 $56,928 $58,636 $60,395 

2nd year $57,572 $59,299 $61,078 $62,910 

3rd year $59,382 $61,163 $62,998 $64,888 

4th year $61,702 $63,553 $65,460 $67,424 

5th year $63,266 $65,164 $67,119 $69,132 

6th year $65,073 $67,026 $69,036 $71,107 

 

Clerk Grade 2 1/07/2022 1/07/2023 1/07/2024 1/07/2025 

1st year $65,950 $67,928 $69,966 $72,065 

2nd year $66,827 $68,832 $70,897 $73,024 

 

Clerk Grade 3 1/07/2022 1/07/2023 1/07/2024 1/07/2025 

1st year $67,947 $69,985 $72,085 $74,248 

2nd year $69,534 $71,620 $73,769 $75,982 

3rd year $70,619 $72,737 $74,920 $77,167 

 

Clerk Grade 4 1/07/2022 1/07/2023 1/07/2024 1/07/2025 

1st year $71,960 $74,119 $76,342 $78,633 

2nd year $73,744 $75,956 $78,235 $80,582 

3rd year $75,663 $77,933 $80,271 $82,679 

 

Clerk Grade 5 1/07/2022 1/07/2023 1/07/2024 1/07/2025 

1st year $77,215 $79,531 $81,917 $84,375 

2nd year $80,115 $82,519 $84,994 $87,544 

3rd year $82,492 $84,966 $87,515 $90,141 

 






  



- 42 -  

 

Clerk Grade 6 1/07/2022 1/07/2023 1/07/2024 1/07/2025 

1st year $84,059 $86,581 $89,179 $91,854 

2nd year $86,301 $88,890 $91,556 $94,303 

3rd year $89,445 $92,129 $94,892 $97,739 

 

Clerk Grade Special 1/07/2022 1/07/2023 1/07/2024 1/07/2025 

1st year $90,998 $93,728 $96,540 $99,436 

2nd year $95,654 $98,524 $101,479 $104,524 

3rd year $100,358 $103,369 $106,470 $109,664 

The Industry Allowance has been incorporated into the rate of pay from l/07/2020  






  



- 43 -  

SCHEDULE C 

Allowances 

Item Description 1/07/2022 1/07/2023 1/07/2024 1/07/2025 

1 Shift work allowances     

 Afternoon shift $4.13 $4.25 $4.38 $4.51 

 Night shift $4.79 $4.93 $5.08 $5.23 

 Early Morning shift $4.13 $4.25 $4.38 $4.51 

2 Shift work loading $3.15 $3.25 $3.34 $3.44 

The Industry Allowance has been incorporated into the rate of pay from l/07/2020  






  



- 44 -  

SCHEDULE D 

Classifications 

The following positions are covered by this Agreement. If the title of the following position changes during the 
life of this Agreement, the position will still be covered by the Agreement. 

- Duty Officer 

- Duty Manager 

- Rosters and Scheduling Officer 

- Senior Bus Scheduler 

- Accounts Payable 

- Accounts Receivable 

- Administration Assistant 

- Administration Officer 

- Administration Officer Maintenance Support 

- Financial and Administration Officer 

- Financial reporting and Administration Analyst 

- Rostering Clerks 








- 45 -  

SCHEDULE E 

Shift Worker Arrangements 

Despite the provisions in this Agreement, the following employees will be employed as Shift Workers for the life of 
this Agreement: 

- Kathleen Lynch 

- Steve Kennett 

- Steve Hughes 

 

 
  








- 46 - 

SCHEDULE F 

Signatories 

The Parties to this Enterprise Agreement are committed to the provisions contained herein.

Signed for and on behalf of Keolis Downer Hunter Pty Ltd by:

_______________________    of    _______________________________________________ 
Name  Address

_______________________
Position

_______________________

Signature

Emmanuel Genlot 89 Denison Street, Hamilton, NSW 2303 

General Manager 


Emmanuel Genlot 89 Denison Street, Hamilton, NSW 2303 General Manager ECento)




 



Signed for and on behalf of the Australian Services Union (ASU) by: 

/rtJ ~\.tS 1- cp,tt_t.lt~f ~'t t.ff"W\ct: ll', 'fe1}T'€e. N 
Name Address 

Set:t.~'1 
Position 

Signature 

- 47 -


Signed for and on behalf of the Australian Services Union (ASU) by: Name Autress Position Signature - - 47 -

ANGUS MCFARLAND

REDFERN

39 RENWICK ST

SECRETARY




 

  

  



Signed for and on behalf of the Australian Rail, Tram and Bus Industry Union (RTBU) by: 

mo~Jb.½eitJJ of 4fait &l-f s/i,51~, W&1,Jow. 

Br~. 'a!uJM-( . 
Position 

i -~ -
Signature 

-48 -


Signed for and on behalf of the Australian Rail, Tram and Bus Industry Union (RTBU) by: Alex Claassens or 4/321 Pitt st Sydney, NSW, 2000. Name Branch Secretary . Position Allaassens. Signature - 48 -




 



 
 
IN THE FAIR WORK COMMISSION 
 
FWC Matter No.:  
AG2023/1037 
 
Applicant: 
Keolis Downer Hunter Pty Ltd 
 
 
Section 185 – Application for approval of a single enterprise agreement 
 

 
Undertaking – Section 190 

 
I, Melissa Hogan, Industrial Relations Manager, have the authority given to me by Keolis 
Downer Hunter Pty Ltd to give the following undertakings with respect to the Keolis Downer 
Senior and Salaried Employees Newcastle Bus Enterprise Agreement 2023 ("the 
Agreement"): 
 
 
1. Despite the provisions of clause 58.2, employees to whom “Junior Salaries” apply, 

shall be paid in accordance with the rates of pay as set out in the Agreement, or those 
contained in the applicable Modern Award, whichever is the greater.  

 
 
These undertakings are provided on the basis of issues raised by the Fair Work Commission 
in the application before the Fair Work Commission. 
 
 
 
 
____________________________ 
Signature 
 
26/04/2023 
____________________________ 
Date 
 

Cases cited by this decision: