1
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Keolis Downer Hunter Pty Ltd T/A Newcastle Transport
(AG2023/1533)
KEOLIS DOWNER HUNTER MULTIMODAL OPERATIONS
CONTROL AGREEMENT 2023
Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT WRIGHT SYDNEY, 7 JUNE 2023
Application for approval of the Keolis Downer Hunter Multimodal Operations Control
Agreement 2023
Introduction
[1] Keolis Downer Hunter Pty Ltd T/A Newcastle Transport (the Employer) has made an
application for approval of an enterprise agreement known as the Keolis Downer Hunter
Multimodal Operations Control Agreement 2023 (the Agreement) pursuant to s.185 of
the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
[2] The employer provided written undertakings. A copy of the undertakings is attached in
Attachment A. 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
[3] Subject to the undertakings referred to above, I am satisfied that each of the
requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have
been met.
Section 183 Bargaining Representatives
[4] The Australian Rail, Tram and Bus Industry Union (RTBU) being a bargaining
representative for the Agreement, has given notice under s.183 of the Act that it wants the
Agreement to cover it.
[5] In accordance with s.201(2), I note that the Agreement covers the RTBU.
[2023] FWCA 1652
DECISION
FairWork
Commission
* AUSTRALIA FairWork Commission
[2023] FWCA 1652
2
Approval
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
14 June 2023. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE520271 PR762872
THE SEA OF THE NOISSUS
KEOLIS DOWNER HUNTER MULTIMODAL
OPERATIONS CONTROL AGREEMENT 2023
~.i Keolis
~~ Downer
THINK
LIKEA
PASSENGER
Keolis Downer
THINK LIKE A PASSENGER
smee
Employer undertaking
Page 2 of 26
TABLE OF CONTENTS
1. TITLE ........................................................................................................................................4
2. SCOPE AND APPLICATION OF THE AGREEMENT .............................................................4
3. DEFINITIONS ...........................................................................................................................4
4. DATE OF OPERATION AND NOMINAL EXPIRY DATE .........................................................4
5. RELATIONSHIP TO AWARDS, AGREEMENTS AND NES ....................................................4
6. OBJECTIVES OF AGREEMENT ..............................................................................................5
7. WORKPLACE FLEXIBILITY .....................................................................................................5
8. INDIVIDUAL FLEXIBILITY TERM .............................................................................................5
9. CONSULTATION TERM ...........................................................................................................6
10. CONTRACT OF EMPLOYMENT ..............................................................................................8
11. SECONDMENT .........................................................................................................................9
12. PROBATIONARY PERIOD .....................................................................................................10
13. GENERAL OBLIGATIONS .....................................................................................................10
14. CLASSIFICATION STRUCTURES .........................................................................................10
15. WAGE RATES ........................................................................................................................11
16. REIMBURSEMENT OF EXPENSES .......................................................................................11
17. NIGHT WORK ALLOWANCE .................................................................................................11
18. SUPERANNUATION ..............................................................................................................11
19. HOURS OF WORK .................................................................................................................12
20. ROSTERING ...........................................................................................................................12
21. SHIFT LENGTHS ....................................................................................................................12
22. INTERVAL BETWEEN SHIFTS ..............................................................................................12
23. WORK LOCATION .................................................................................................................13
24. OVERTIME .............................................................................................................................13
25. MEAL BREAKS ......................................................................................................................13
26. ANNUAL LEAVE ....................................................................................................................14
27. PERSONAL/CARER'S LEAVE ...............................................................................................14
28. TRAUMA LEAVE ....................................................................................................................15
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29. COMPASSIONATE LEAVE ....................................................................................................15
30. PARENTAL LEAVE ................................................................................................................15
31. LONG SERVICE LEAVE ........................................................................................................15
32. PUBLIC HOLIDAYS ...............................................................................................................15
33. TERMINATION OF EMPLOYMENT ........................................................................................16
34. REDUNDANCY .......................................................................................................................17
35. HEALTH AND SAFETY MANAGEMENT ARRANGEMENTS ................................................17
36. WORKKPLACE HEALTH AND SAFETY MANAGEMENT ARRANGEMENTS ......................18
37. DISPUTES AND GRIEVANCE PROCEDURE ........................................................................18
38. CLOTHING & PERSONAL PROTECTIVE EQUIPMENT ........................................................19
39. TRAINING AND DEVELOPMENT OPPORTUNITIES .............................................................20
40. PAYMENT OF WAGES ..........................................................................................................20
41. OVERPAYMENT REIMBURSEMENT TO COMPANY FROM EMPLOYEE ............................20
42. WORKPLACE REPRESENTATION .......................................................................................20
43. CONFIDENTIALITY ................................................................................................................21
44. DOMESTIC VIOLENCE LEAVE .............................................................................................21
45. CAREER BREAK ...................................................................................................................21
46. JURY SERVICE LEAVE AND COMMUNITY SERVICE LEAVE .............................................21
SIGNATORIES .................................................................................................................................23
APPENDIX A - CLASSIFICATION STRUCTURE ............................................................................26
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1. TITLE
This agreement shall be known as the Keolis Downer Hunter Multimodal Operations
Control Agreement 2023 (this/the Agreement).
2. SCOPE AND APPLICATION OF THE AGREEMENT
This Agreement covers:
a) Keolis Downer Hunter Pty Ltd (the Company);
b) Employees of the Company engaged in classifications contained in Appendix
A of this Agreement (Employees); and
c) The Australian Rail, Tram and Bus Industry Union, New South Wales (RTBU),
to the extent that the Fair Work Commission notes in its decision to approve
this Agreement that this Agreement covers them.
Any reference in this Agreement to Union is a reference to the RTBU.
3. DEFINITIONS
"Certificate" means any certificate provided by a Registered Training Organisation.
"Company" means Keolis Downer Hunter Pty Ltd (ABN: 89 614 205 766).
"Continuous shift worker" means an employee engaged to work in a system of
consecutive shifts throughout the twenty four (24) hours of each day of at least six (6)
consecutive days without interruption (except during breakdown or meal breaks or due
to unavoidable causes beyond the control of the Company) and who is regularly rostered
to work those shifts, and who regularly works on Sundays and public holidays.
"FWC" means the Fair Work Commission.
"FW Act" means the Fair Work Act 2009 (Cth).
"LRV" means Light Rail Vehicle.
"WHS" means Workplace Health and Safety.
"Newcastle Light Rail Operations" means the Newcastle Light Rail Network.
4. DATE OF OPERATION AND NOMINAL EXPIRY DATE
a) This Agreement shall come into operation seven (7) days after it is approved
by the FWC. The nominal expiry date of the Agreement is 30 June 2025.
b) This Agreement will remain in operation after the nominal expiry date until
replaced by another agreement or terminated in accordance with the FW Act.
5. RELATIONSHIP TO AWARDS, AGREEMENTS AND NES
This Agreement is a comprehensive agreement which operates to the exclusion of
any Awards or agreements.
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Nothing in this Agreement is intended to provide for an entitlement which is less than the
National Employment Standards (NES). The terms of this Agreement apply in a manner
that does not exclude the 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 to the NES.
6. OBJECTIVES OF AGREEMENT
The fundamental objective of this Agreement is to achieve the following goals:
a) To establish an agreed set of conditions of employment;
b) To promote increased business competitiveness through continuous improvement
in operational safety, reliability, quality customer service and enhanced
productivity; and
c) To follow at all times the agreed disputes resolution procedures, so as to develop
a dispute-free work site culture.
7. WORKPLACE FLEXIBILITY
a) Workplace flexibility is a condition of employment. Employees shall be multi- skilled
and are to work in a completely flexible manner to perform works as directed by
the Company and consistent with Appendix A. All Employees will be required to
perform a diverse range of functions within their level of skill and competence. The
Company may direct the Employee, and the Employee will be obliged, to carry out
such duties in accordance with this Agreement that are within the limits of the
Employee's skill, competence and training as determined by the Company and any
such direction issued by the Company will be consistent with the Company's
responsibility to provide a safe and healthy work environment.
b) Employees may be required to work reasonable overtime or shift work in excess of
the ordinary hours.
c) Employees are entitled to make an application for Flexible Work Arrangements
under section 65 of the FW Act, which may include changes to hours of work,
patterns of work and location of work, in circumstances which include parental and
caring responsibilities, or where the Employee has a disability, is over fifty five (55)
years old, is experiencing domestic violence or is required to provide support to an
immediate family or household member who is experiencing domestic violence, or
as otherwise prescribed by the FW Act.
8. INDIVIDUAL FLEXIBILITY TERM
8.1 The Company and Employees covered by this Agreement may agree to make an
individual flexibility arrangement (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; and
(v) leave loading.
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b) The IFA meets the genuine needs of the Company and Employee in relation to
one (1) or more of the matters mentioned in paragraph a); and
c) The IFA is genuinely agreed to by the Company and Employee.
8.2 The Company must ensure that the terms of the IFA:
a) Are about permitted matters under section 172 of the FW Act; and
b) Are not unlawful terms under section 94 of the FW Act; and
c) Result in the Employee being better off overall than the Employee would be if no IFA
was made.
8.3 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
(iv) states the day on which the IFA commences.
8.4 The Company must give the Employee a copy of the IFA within fourteen (14) days
after it is agreed to.
8.5 The Company or Employee may terminate the IFA:
a) By giving twenty eight (28) days written notice to the other party to the IFA; or
b) If the Company and Employee agree in writing at anytime.
9. CONSULTATION TERM
9.1 This consultation term applies if the Company:
a) Proposes to introduce a major change to production, program, organisation, structure or
technology in relation to its enterprise that is likely to have a significant effect on the
Employees; or
b) Proposes to introduce a change to the regular roster or ordinary hours of work of
Employees.
Major change
9.2 For a ‘major change’ referred to in clause 9.1a):
a) The Company must notify the Relevant Employees of the decision to introduce the major
change; and
b) Clauses 9.3 are to 9.9 apply.
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9.3 The Relevant Employees may appoint a representative (which may include the
Union) for the purposes of the procedures in this clause.
9.4 If:
a) A Relevant Employee appoints, or Relevant Employees appoint, a representative for the
purposes of consultation; and
b) The Employee or Employees advise the Company of the identity of the representative;
the Company must recognise the representative.
9.5 As soon as practicable after making its decision, the Company must:
a) Discuss with the Relevant Employees and their representative (if nominated):
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the Employees; and
(iii) measures the Company is taking to avert or mitigate the adverse
effect of the change on the Employees; and
b) For the purposes of the discussion - provide, in writing, to the Relevant Employees and
their representative (if nominated):
(i) All relevant information about the change including the nature of the
change proposed; and
(ii) information about the expected effects of the change on the
Employees; and
(iii) any other matters likely to affect the Employees.
9.6 However, the Company is not required to disclose confidential or commercially
sensitive information to the Relevant Employees and their representative (if
nominated).
9.7 The Company must give prompt and genuine consideration to matters raised about
the major change by the Relevant Employees and their representative (if nominated)
before proceeding with any change.
9.8 If a term in this Agreement provides for a major change to production, program,
organisation, structure or technology in relation to the enterprise of the Company,
the requirements set out in clause 9.2 and clauses 9.3 and 9.5 are taken not to
apply.
9.9 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; or
b) Major change to the composition, operation or size of the Company's workforce or to the
skills required of Employees; or
c) The elimination or diminution of job opportunities (including opportunities for promotion
or tenure); or
d) The alteration of hours of work; or
e) The need to retrain Employees; or
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f) The need to relocate Employees to another workplace; or
g) The restructuring of jobs.
Change to regular roster or ordinary hours of work
9.10 For a change referred to in clause 9.1b):
a) The Company must notify the Relevant Employees of the proposed change; and
b) Clauses 9.11 are to 9.15 apply.
9.11 The Relevant Employees may appoint a representative (which may include the
Union) for the purposes of the procedures in this clause.
9.12 If:
a) A Relevant Employee appoints, or Relevant Employees appoint, a representative for the
purposes of consultation; and
b) The Employee or Employees advise the Company of the identity of the representative;
the Company must recognise the representative.
9.13 As soon as practicable after proposing to introduce the change, the Company must:
a) Discuss with the Relevant Employees and their representative (if nominated) the
introduction of the change; and
b) For the purposes of the discussion - provide to the Relevant Employees and their
representative (if nominated):
(i) all relevant information about the change, including the nature of
the change; and
(ii) information about what the Company reasonably believes will be
the effects of the change on the Employees; and
(iii) information about any other matters that the Company reasonably
believes are likely to affect the Employees; and
c) Invite the Relevant Employees and their representative (if nominated) to give their views
about the impact of the change (including any impact in relation to their family or caring
responsibilities).
9.14 However, the Company is not required to disclose confidential or commercially
sensitive information to the Relevant Employees and their representative (if
nominated).
9.15 The Company must give prompt and genuine consideration to matters raised about
the change by the Relevant Employees and their representative (if nominated).
10. CONTRACT OF EMPLOYMENT
a) Employees may be employed on a full-time, part-time or casual basis.
Casual Employees
b) A casual Employee is one who is engaged on an hourly basis. A casual loading of twenty
five (25%) shall be paid. The casual loading is paid in lieu of annual leave, personal
leave, other paid leave and public holidays as contained in this Agreement. In calculating
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overtime payments for casuals the following should apply: base rate then twenty five
(25%) loading and then the relevant overtime rate/loading.
c) On each occasion where a casual Employee is required to attend work, the Employee
shall be entitled to payment for a minimum of three (3) hours work. A casual Employee
who is told on attendance for a shift that they are not required, shall be paid a minimum
of three (3) hours.
d) Offers and requests for conversion from casual employment to full time or part time
employment are provided for in the NES.
e) Disputes about offers and requests for casual conversion under the NES are to be dealt
with under clause 37.
Part Time Employees
f) Part-time Employees may be engaged to work reasonably predictable hours of work less
than thirty eight (38) ordinary hours per week.
g) Before commencing part-time employment, the Employee and the Company must agree
upon:
(i) the usual hours to be worked by the Employee, the days upon which
they will be worked and the expected commencing and finishing
times for the work; and
(ii) the classification applying to the work to be performed.
h) Additional hours to those specified in clause 10g) above, may be offered and worked by
agreement. Where a part time Employee agrees to perform additional duty then such
duty will stand alone and count towards the ordinary hours of duty for that week.
i) Except as otherwise provided in this Agreement, a part time Employee is entitled to be
paid for the hours agreed upon in accordance with clause 10g) and clause 10h).
j) The terms of the agreement may be varied by consent. The terms of the agreement or
any variation must be in writing and retained by the Company. A copy of the agreement
and any variation to it must be provided by the Company to the Employee.
k) All entitlements for part time Employees under this Agreement shall be proportionate as
the Employee's ordinary hours relate to full time ordinary hours worked.
l) All time worked in excess of the agreed hours referred to in clause 10g) and 10h) will be
paid at the appropriate overtime rate.
Full Time Employees
m) A full time Employee is an Employee engaged for a minimum average of thirty eight (38)
ordinary hours per week plus any reasonable additional hours as required by the
Company, averaged in accordance with the provisions of Clause 19 of this Agreement.
11. SECONDMENT
a) Employees may agree to be seconded for fixed periods to other parts of the Company
from time to time.
b) In these circumstances, the Employee will continue to be covered by this Agreement and
the terms and conditions applying during the secondment will be managed in accordance
with clause 8.
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12. PROBATIONARY PERIOD
a) The Employee's employment with the Company will be subject to a three (3) month
probationary period commencing from the date of commencement of employment.
b) At any time during the probationary period and for any reason, the Employee's
employment may be terminated by either the Company or the Employee.
c) An Employee's probationary period may be extended up to six (6) months by mutual
agreement between the Company and the Employee.
13. GENERAL OBLIGATIONS
a) Employees are expected to act in consideration of good conduct, sobriety, efficiency,
safe and economical work practices at all times as an essential requirement of the
employment relationship. Responsibilities and obligations of Employees therefore
include but are not limited to:
(i) following reasonable and lawful instructions;
(ii) carrying out all tasks and duties with due care, skill and diligence in
a safe manner;
(iii) complying with all Company policies and procedures (as amended
from time to time) and advising the Company of any suspected
breach of the same or of any misconduct or unsafe practices;
(iv) working to the full scope of the job/task and, where required, using
initiative to complete the assigned job/task;
(v) applying the highest standards of honesty, integrity and
confidentiality;
(vi) acting in good faith to ensure the achievement of Company goals
and objectives;
(vii) undertaking workplace drug and alcohol testing as required to
ensure a safe operating environment for all parties; and
(viii) undertaking and/or assisting in training opportunities.
b) The Company will undertake annual performance reviews with Employees. The purpose
of these reviews will be to recognise achievement and to provide constructive feedback
of areas for Employee performance as required. As part of this process, positive support
and consideration of appropriate training opportunities will be provided.
c) Annual performance reviews will be transparent, objective, and based on the delivery of
competencies and productivity.
d) The staffing levels for all operations are governed by the relevant Company policies and
procedures (as amended from time to time). Such policies and procedures will be
developed having regard to safety and efficient operations.
14. CLASSIFICATION STRUCTURES
At the start of employment, each Employee will be appointed by the Company to a classification
level based on the Employee's skills, qualifications and experience and in consideration of the
substantive duties required to be carried out at that time.
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15. WAGE RATES
a) The wage rates for each classification are as prescribed in this clause. The wage rates
and allowances in this Agreement are in compensation for, amongst other things, all
disabilities and/or special skills and/or special rates associated with, or likely to be
associated with the Newcastle Multimodal Operations Control.
b) All increases under this Agreement will apply on and from the first full pay period after
the specified date.
c) Wage Rates for Employees are as follows:
Classification Commencing
Rate ($/hr)
1/7/2022 (3.5%) 1/7/2023 (3.5%) 1/7/2024 (3.5%)
Multimodal Operations
Controller- Training $40.97 $42.40 $43.89 $45.42
Multimodal Operations
Controller $43.59 $45.11 $46.69 $48.33
16. REIMBURSEMENT OF EXPENSES
The Company shall reimburse Employees for authorised expenses incurred on the Company's
behalf.
17. NIGHT WORK ALLOWANCE
a) Employees who work ordinary hours after 7.00pm and before 6.00am will be paid and
additional fifteen percent (15%) of their wage rate for each ordinary hour so worked.
b) Employees who work overtime hours after 7.00pm and before 6.00am will be paid in
accordance with Clause 24.
c) For the avoidance of doubt, the night work allowance will not be payable on overtime. An
Employee shall only be entitled to the night work allowance or overtime rates, but not
both.
18. SUPERANNUATION
a) The Company will make superannuation contributions in accordance with the
Superannuation Guarantee and Administration Act 1992 (Cth) into a superannuation
fund nominated by the Employee. If the Employee does not nominate a superannuation
fund, contributions will be made into First State Super as the default fund.
b) The Employee can elect to salary sacrifice part or all of their wages or other allowable
entitlements into a superannuation fund of the Employee's choosing provided that:
(i) the arrangement complies with relevant legislation and Company
policy as amended from time to time;
(ii) the Employee notifies the Company of their election to salary
sacrifice in writing prior to the wages and/or allowable entitlements
being earned or accrued by the Employee;
(iii) the superannuation fund is a complying superannuation fund; and
(iv) the amount to be paid into the superannuation fund plus any
balance of wages and/or allowable entitlements is equivalent to
what the Employee would have been entitled to as wages and/or
allowable entitlements under this Agreement.
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19. HOURS OF WORK
19.1 The ordinary hours of work shall average seven point six (7.6) hours per day,
Monday to Sunday (seven (7) day roster), thirty eight (38) hours per week, over an
eight (8) week period.
19.2 The Company and Employees may agree to implement patterns of working ordinary
hours, for entire work groups, to allow for the taking of extra days off, where
commercially viable.
19.3 Ordinary hours worked on weekends shall be paid as follows:
a) On Saturday: at the rate of time and one half (150%) of the Employee's wage rate for all
ordinary hours worked;
b) On Sunday: at the rate of double time (200%) of the Employee's wage rate for all ordinary
hours worked;
c) Provided that such ordinary hours worked in accordance with Clause 19.1:
(i) shall be counted toward an Employee's average hours per eight (8)
week period; and
(ii) the rates in clauses 19.3a) and 19.3b) apply in lieu of any applicable
shift loading or penalty payment.
19.4 Start and finish locations(s) and time(s) shall be designed to support production and
maximise operating hours and maintenance time, to suit the needs of the operation.
These may be altered by the provision of twenty four (24) hours' notice to the
Employee or less if by mutual agreement. Please note that these notice
requirements do not apply to a shift swap arrangement between Employees.
19.5 Employees working a Light Rail Vehicle driving shift shall be entitled to ten minute
sign-on/sign-off time that is counted towards the Employee's ordinary hours worked.
20. ROSTERING
a) The Company will develop a roster that sets out ordinary hours of up to eight (8) weeks.
b) The Company may vary the roster by giving twenty four (24) hours' notice, or less by
mutual agreement. Please note that these notice requirements do not apply to a shift
swap arrangement between Employees.
c) The roster, over the roster cycle, will provide for at least two (2) days off each week in
the cycle, taking into account the Company's fatigue management policy.
21. SHIFT LENGTHS
a) The duration of the ordinary hours worked per shift for full time Employees shall be
between seven (7) and nine (9) hours.
b) Part time Employees shall have a minimum engagement of four (4) hours.
22. INTERVAL BETWEEN SHIFTS
a) The time which an Employee must be off duty will be a minimum of eleven (11) hours.
b) Where an Employee works overtime between the ordinary hours on one day and the
commencement of ordinary hours the next day and the Employee has not had the
minimum interval between shifts, the Employee will receive payment for the ordinary
hours occurring during such an absence.
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23. WORK LOCATION
a) Employees may start and end their shift at their ordinary work location (including any
nominated disaster recovery location), or when working a LRV driving shift, the depot
stop or other locations along the route as nominated by the Company. Employees will
start and finish their shift at the same location.
b) When working a LRV driving shift, the depot will contain the following:
(i) meal break and crib facilities;
(ii) operational documentation;
(iii) provision for the transport of any safety or maintenance equipment.
c) Where an Employee finishes work at a location that is different to the sign-on point, the
Company will provide transport back to the sign-on point, unless otherwise agreed. In
these circumstances, actual sign-off will be on the return to the sign-on location and shall
be within the shift limit.
24. OVERTIME
a) An Employee shall be required to work reasonable overtime for payment of overtime
penalty rates. Hours worked in addition to the ordinary hours will attract overtime
payment.
b) Reasonable overtime will be scheduled with regard to:
(i) any risk to Employee health and safety;
(ii) the Employee's personal circumstances, including any family
responsibilities;
(iii) the needs of the workplace; and
(iv) any other relevant matter.
c) All time worked in excess of ordinary hours in any shift shall be paid for at the rate of time
and a half (150%) for the first three (3) hours and double time (200%) thereafter. All
overtime worked on Sunday shall be paid for at the rate of double time (200%).
d) An Employee recalled to work overtime after leaving their shift shall be paid for a
minimum of two (2) hours work at the rate of double time (200%).
25. MEAL BREAKS
a) Employees shall not be rostered to work more than five (5) hours without an unpaid meal
break.
b) A minimum of forty (40) minutes and maximum of fifty (50) minutes shall be allowed for
an unpaid meal break.
c) Where an unpaid meal break cannot be provided, an Employee will be provided with a
paid crib break of between twenty (20) and thirty (30) minutes.
d) Meal breaks shall be provided at a time when an Employee has access to meal facilities.
e) All meal breaks shall be taken at such times as will not interfere with operational
requirements.
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26. ANNUAL LEAVE
a) Employees shall be entitled to annual leave in accordance with the NES. For the period,
if any, that an Employee is engaged as a Continuous Shift Worker as defined by this
Agreement, they will be a Shift Worker for the purposes of the NES and entitled to a pro-
rata accrual of five (5) weeks annual leave per annum.
b) The taking of annual leave shall be subject to the following:
(i) The Company will seek to take into account Employee requests and
preferences for rostering annual leave however the taking of leave
is subject to operational requirements. If excessive leave has been
accrued (meaning more than eight (8) weeks, or ten (10) weeks if
the Employee is a Continuous Shift Worker), the Company may
direct the Employee to take annual leave by providing at least four
(4) weeks' notice. It is the intention of the parties bound to this
Agreement that excessive annual leave not be accrued and for
appropriate leave to be taken each year.
(ii) Annual leave shall accrue from commencement of service in
accordance with the NES.
(iii) Annual leave shall accrue to Employees in respect of any
authorised period of paid absence from duty.
c) A leave loading of seventeen point five percent (17.5%) will apply to any annual leave
taken.
d) On termination of employment, any unused leave, including any applicable leave
loading, shall be paid to the Employee.
27. PERSONAL/CARER'S LEAVE
a) Employees (other than a casual Employee) shall be entitled to ten (10) days paid
personal/carer's leave per annum in accordance with the NES.
b) Personal/carer's leave includes leave for the Employee when ill or injured and leave for
the Employee to provide care or support to a member of the Employee's immediate
family or household who is sick or injured or who has an unexpected emergency, as
defined by the FW Act. For the purpose of this clause, personal/carer's leave shall also
be available in respect of step-parents and step-children in these circumstances in
addition to the definitions contained in the FW Act.
c) Payment in respect of leave under this clause is the Employee's wage rate as set out in
clause 15 of this Agreement.
d) An Employee must provide the Company with a medical certificate from a registered
health practitioner or complete a Statutory Declaration stating that the Employee, or an
immediate family or household member for whom the Employee was caring, was or is
unwell and that the Employee was unable to attend for work on that occasion where the
Employee has had two (2) consecutive days absent and/or two (2) individual day
absences per annum. In the case of an unexpected emergency, reasonable proof may
be required.
e) The Employee must notify the Company prior to commencing personal/carer's leave or
as soon as practicable, of the day on which the Employee wishes to take personal/carer's
leave.
f) The Employee's paid personal/carer's leave will accrue from year to year, however the
Employee is not entitled to a payment for any accrued but untaken personal/carer's leave
Page 15 of 26
on termination of the Employee's employment for whatever reason.
g) Casual Employees are entitled to unpaid carer’s leave in accordance with the NES.
h) An Employee may elect to take unpaid leave as carer's leave in accordance with the
NES.
28. TRAUMA LEAVE
An Employee who is Involved in an accident or similar traumatic event during the performance
of a LRV driving shift, which of its nature causes the Employee concerned significant distress or
trauma shall be entitled to up to three (3) days of paid leave. This leave is not counted as
personal/carer's leave, is not cumulative, and is available on a per-event basis only, subject to
the following:
a) The Employee must attend an appointment with a medical practitioner (such as a
psychologist) as directed by the Company;
b) The Company shall nominate and pay for the practitioner to whom the Employee must
attend;
c) The Employee must provide the Company with such evidence as is required to establish
that they have complied with the requirement to attend as set out above; and
d) The practitioner must provide the Company with a report outlining the estimated duration
of absence due to trauma leave circumstances.
29. COMPASSIONATE LEAVE
Employees, other than casual Employees, will be entitled to two (2) days' paid Compassionate
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, sustains a
personal injury that poses a serious threat to their life or where the Employee or Employee’s
partner has a miscarriage. Casual Employees are entitled to unpaid leave in these
circumstances.
30. PARENTAL LEAVE
Employees will be entitled to Parental Leave in accordance with the NES.
31. LONG SERVICE LEAVE
Employees covered by this Agreement shall be entitled to long service leave in accordance with
the provisions of the relevant State or Territory Long Service Leave Act, provided that where
Employees meet the eligibility criteria for portable long service leave provisions under the
relevant State or Territories Legislation, then such provisions will prevail for long service leave
purposes.
32. PUBLIC HOLIDAYS
a) All Employees (excluding casual Employees) shall be entitled to the following public
holidays, without loss of pay: Christmas Day, Boxing Day, New Year's Day, Australia
Day, Good Friday, Easter Monday, Anzac Day, Labour Day, King’s Birthday and other
locally gazetted half or full day public holidays.
b) Any Employee required to work on a public holiday nominated herein shall receive
payment at double time and a half (250%) of the wage rate.
c) An Employee required to work on a public holiday will not receive any other penalty
payment. For the avoidance of doubt, an Employee will receive a maximum payment of
double time and half (250%) of the wage rate for all hours worked.
Page 16 of 26
d) Employees (excluding casuals) will be paid at their wage rate for public holidays they are
rostered to work but are not required to work. This includes public holidays that fall on a
day the Employee would ordinarily work, but are not rostered to work. For the avoidance
of doubt an Employee is deemed to ordinarily work on a day if they have previously
worked that day on at least thirteen (13) occasions in the twelve (12) months immediately
preceding the public holiday.
e) It will be possible for the Company and an Employee(s) to agree to substitute the
nominated public holiday for another day and the prescriptions of this clause will apply to
the substituted day.
33. TERMINATION OF EMPLOYMENT
a) Employment may be terminated by an Employee or the Company by giving the following
notice:
Employee’s Period of Continuous Service with the Company Period of Notice
Not more than 1 year 1 weeks' notice
More than 1 year but not more than 3 years 2 weeks' notice
More than 3 years but no more than 5 years 3 weeks' notice
More than 5 years 4 weeks' notice
b) If the Employee is over forty five (45) years old at the time notice of termination is given
and the Employee has completed at least two (2) years of continuous service with the
Company, the Employee will be entitled to an additional one (1) weeks' notice.
c) Termination of all casual engagements shall require eight (8) hours' notice on either side
of an engagement or the payment or forfeiture of eight (8) hours pay, as the case may
be.
d) Following the giving of notice of termination by either party, the Company may, at its
absolute discretion, elect to pay the Employee an amount equal to the full rate of pay
due to the Employee for the remainder of the notice period and not require the Employee
to work out the notice period.
e) If an Employee fails to give the required notice, or gives notice but leaves before the end
of the notice period, they shall forfeit payment for the notice period (or that part of the
notice period not worked), from any money owed by the Company.
f) Notwithstanding the notice provisions of this clause, the Company retains the right to
summarily terminate an Employee's employment without notice or pay in lieu of notice
for serious misconduct, in which case an Employee shall only be entitled to be paid for
the time worked up to dismissal. The Company may suspend an Employee with or
without pay and require an Employee not to attend for work for a period of up to seven
(7) working days during which it investigates alleged misconduct.
g) If an Employee loses their driver's licence or other relevant qualification and this prevents
the performance of an Employee's duties, the Employee may elect to take accrued
annual or long service leave for the period during which the Employee is unable to
perform the duties. If the accrued leave available to the Employee is insufficient to cover
the period during which the Employee is unable to perform the duties, or the Employee
does not elect to take such accrued leave, the Company may terminate through
frustration in which case the Company must give notice of termination but will not be
required to make payment in lieu of notice.
h) If an Employee is absent from work without reasonable cause for five (5) consecutive
days on which they are rostered without the consent of the Company or without
notification to the Company, the Employee may be deemed, at the discretion of the
Company, to have abandoned their employment. The Company will then treat the
Page 17 of 26
Employee’s employment as having terminated as at the last working day, and wages
shall be paid only up to the last working day. Notice of termination in accordance with
clause 33a) shall still apply.
i) Clauses 33a) and 33b) shall not apply to Employees who are engaged for a specified
task/s, or on a casual basis.
34. REDUNDANCY
a) Subject to this clause, where the Company terminates an Employee's employment
because it no longer requires the job done by the Employee to be done by anyone,
except where this is due to the ordinary and customary turnover of labour, the Employee
is to be paid a redundancy payment in accordance with the following scale:
Employee's period of continuous service with
the Companv on termination Redundancy pay period
At least 1 year but less than 2 years 4 weeks
At least 2 years but less than 3 years 6 weeks
At least 3 years but less than 4 years 7 weeks
At least 4 years but less than 5 years 8 weeks
At least 5 years but less than 6 years 10 weeks
At least 6 years but less than 7 years 11 weeks
At least 7 years but less than 8 years 13 weeks
At least 8 years but less than 9 years 14 weeks
At least 9 years but less than 10 years 16 weeks
At least 10 years 12 weeks
b) The payment under Clause 34a) is made at the Employee's ordinary wage rate.
c) Where there is a transfer of employment as defined by the FW Act, an Employee is not
entitled to be paid any amount of redundancy pay where the Company obtains other
acceptable employment for the Employee.
d) Clause 34a) shall not apply to Employees who are engaged for a specified task/s, limited
tenure, on a casual basis, an Employee dismissed for serious misconduct, or an
Employee (other than an Apprentice) to whom a training arrangement applies and whose
employment is for a specified period of time or is limited to the duration of the training
arrangement.
e) Payments made under this clause are in addition to any entitlement to payment under
clause 33.
35. HEALTH AND SAFETY MANAGEMENT ARRANGEMENTS
The Company will develop HSMAs in consultation with Employees or their nominated
representatives which meet the needs of the operation, taking into account the particular
circumstances of the Company and relevant health and safety issues as they relate to the
workforce.
Page 18 of 26
36. WORKKPLACE HEALTH AND SAFETY MANAGEMENT ARRANGEMENTS
The Company will determine the standard and requirement of training for Employees, in
consultation with the Union. Every Employee will have the opportunity to attend a minimum of
two (2) hours paid awareness WHS training each calendar year.
37. DISPUTES AND GRIEVANCE PROCEDURE
a) 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:
(i) the Employee and the Employee's supervisor meeting and
conferring on the matter within two (2) days of the dispute being
notified.
(ii) if the matter is not resolved at the meeting (above), the parties must
arrange for further discussions between the Employee and more
senior levels of management. The Company and the Employees
and their representatives will meet within one (1) week of the
meeting under clause 37a)(i).
(iii) 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 expediate
conferences or hearings in the FWC, with a view to resolving the
dispute as quickly as possible.
b) An Employee may choose to have a representative of their choice, which may include a
union representative, to represent and support them at any stage of the dispute
resolution procedure. Any representative nominated by the Employee pursuant to this
dispute resolution procedure will be allowed, at a place designated by the Company, the
necessary time during working hours to support the Employee.
c) While the parties attempt to resolve the 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 is safe and
appropriate for the Employee to perform.
d) If a dispute is referred to the FWC for resolution, the FWC can take any or all of the
following actions it considers appropriate to resolve the dispute:
(i) convene conciliation conferences of the parties or their
representatives at which the FWC is present;
(ii) require the parties or their representatives to confer among
themselves at conferences at which the FWC is not present;
(iii) request, but not compel, a person to attend proceedings;
(iv) request, but not compel, a person to produce documents;
(v) where either party requests, make recommendations about
particular aspects of a matter about which they are unable to reach
agreement;
(vi) where the matter, or matters, in dispute cannot be resolved
Page 19 of 26
(including by conciliation) and one party or both request, arbitrate
or otherwise determine the matter, or matters, in dispute.
e) The FWC must follow due process and allow each party a fair and adequate opportunity
to present their case.
f) Any determination of the FWC under clause 37d) must be in writing if either party so
requests and must give reasons for the determination.
g) Any determination made by the FWC under clause 37d) must be consistent with
applicable law and must not require a party to act in contravention of an applicable
industrial instrument or law.
h) Either party may appeal a determination of the FWC to a Full Bench of the FWC.
i) 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.
j) The parties are entitled to be represented, or to seek leave to be represented, e.g. by
legal representatives and/or the union in proceedings pursuant to the dispute resolution
procedure.
38. CLOTHING & PERSONAL PROTECTIVE EQUIPMENT
a) The Company will provide Employees in operational roles with uniforms in accordance
with Company policy (as amended from time to time) which must be worn.
b) Full time Employees will be issued with the following:
(i) five (5) x shirts (long sleeve);
(ii) three (3) x trousers;
(iii) one (1) x jumper;
(iv) one (1) x jacket (hi vis);
(v) one (1) x hi vis vest (rail safety standard); and
(vi) one (1) x pair safety boots (light weight).
c) Part time and casual Employees will be issued with sufficient uniforms based on their
roster.
d) At the Company's discretion, clothing will be replaced on a fair wear and tear basis
provided that they are produced to the Company for inspection and the Company
determines that the replacement of such items is warranted.
e) At its discretion the Company shall supply safety clothing and any other protective
equipment/materials as it determines relevant and the Employee shall be required to
wear such clothing or equipment at all times as directed and/or as required by the
Company. Any breach of this provision will give rise to disciplinary action. Disciplinary
action taken under this clause may include verbal or written warnings, suspension, and
termination of employment.
f) No safety equipment or PPE other than that provided by the Company is to be worn or
used unless otherwise approved by the appropriate Company management
representative.
Page 20 of 26
39. TRAINING AND DEVELOPMENT OPPORTUNITIES
a) At the absolute discretion of the Company, Employees may be provided with and
undertake training and development opportunities.
b) Upskilling shall not lead to a reclassification of the Employee unless and until the new
skills are required by the Company and the Employee is appointed in writing by the
Company to a new position/classification.
c) The Company shall allow Employees undertaking training and development
opportunities with time off without loss of ordinary pay to attend off-the-job training.
40. PAYMENT OF WAGES
a) Payment shall be by direct deposit/electronic funds transfer on a fortnightly basis to a
maximum of two (2) separate bank account(s) nominated by the Employee.
b) When the Employee's services are terminated, the Company shall pay any wages due
as soon as practicable.
41. OVERPAYMENT REIMBURSEMENT TO COMPANY FROM EMPLOYEE
Upon the Company providing written notification of an overpayment to an Employee, the
Employee authorises the Company to deduct from any wages or any other entitlements payable,
or owing to the Employee, any overpayments made in error to the Employee by the Company.
Unless the Employee agrees otherwise, the maximum percentage of the Employee's salary that
may be deducted on a fortnightly basis to recover overpayments is twenty percent (20%) of the
Employee's gross fortnightly wages.
42. WORKPLACE REPRESENTATION
a) For the purposes of this clause a workplace representative is an Employee who has
been appointed as a representative in writing by a union.
b) In exercising their rights, workplace representatives and the union will consider the
Company's operational issues, policies and guidelines and the likely effect on the efficient
operation of the Company.
c) Employee workplace representatives nominated by their union to attend a union
sponsored training course on dispute resolution or on matters pertaining to the
employer/employee relationship or on matters relating to statutory, enterprise agreement
issues, will be granted a maximum of two (2) days leave (per annum) of absence per
representative without loss of earnings provided that:
(i) the Company receives at least four (4) weeks' notice of the request
from the union setting out times, dates, content and venue for the
course;
(ii) the Employee concerned can be released from duty by the
Company for the period of the course, without affecting normal
operations;
(iii) Employees are not entitled to any expense related allowances or
penalty rates during the period of training; and
(iv) further leave may be granted subject to agreement between the
Company and the Employee.
Page 21 of 26
43. CONFIDENTIALITY
a) Employees must not during their employment or at any time thereafter, without the prior
written consent of the Company or as otherwise required by law, comment on or disclose
directly or indirectly, to any person for any reason other than the conduct of the
Company's business any secrets, project information, operations information, formula,
process, methods, products, records, client information, prices, commissions, data or
any other information belonging to the Company or any related body corporate of the
Company or belonging to any of the Company's clients or business associates ("the
information"), nor will Employees during the employment or thereafter without the prior
written consent of the Company or as otherwise required by law use any part of the
information for any purpose other than the Company's business.
b) For the avoidance of doubt, nothing in this clause shall be taken to restrict the rights of
Employees to seek advice or assistance from their chosen representative (including the
union) and/or disclosing information as required under law to regulatory bodies such as
the OTSB.
44. DOMESTIC VIOLENCE LEAVE
Employees shall be entitled to family and domestic violence leave in accordance with the NES.
45. CAREER BREAK
a) A permanent Employee who has been continuously employed 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.
b) The terms and conditions under which an Employee may take a career break are as
follows:
(i) The minimum period for a career break is six (6) months. The
maximum period for a career break is twelve (12) months.
(ii) An Employee must provide three (3) months' notice of a request to
take a career break.
(iii) An Employee who takes a career break must utilise any accrued
annual leave as part of this break.
(iv) Any unpaid period of the career break will be regarded as leave
without pay for the purpose of leave accrual and superannuation.
c) 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.
d) Where there is no position immediately available at the same grade, 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.
e) Applications for career breaks will be approved at the Company's discretion.
46. JURY SERVICE LEAVE AND COMMUNITY SERVICE LEAVE
a) This clause of the Agreement supplements the provisions of the NES which deal with
community service leave.
b) An Employee who engages in an eligible community service activity is entitled to be
absent from their employment for a period to undertake eligible community service.
Page 22 of 26
c) Eligible community service activity means jury service or voluntary emergency
management activities as defined by the NES.
d) An Employee who wants an absence from their employment to be covered by this clause
must give the Company notice of the absence as soon as practicable and must advise
the expected period of the absence.
Jury Service
e) Employees covered under this Agreement who are called for jury service are eligible to
receive special leave for the time they are at court. Employees receive a jury fee from
the court and the Company will "make up" the difference between the court fee and the
Employee's ordinary rate of pay. Ordinary rate of pay excludes overtime and penalties.
f) Special leave will not be granted when the jury service falls on days when an Employee
is on leave. When Employees attend jury service under such circumstances, they can
retain the court fees.
g) If the jury service falls on a day on which a shift work Employee would not ordinarily be
rostered for duty, the Employee will be provided with the opportunity to request a change
to their rostered shift, to enable them to receive payment for their service on the jury, and
allow them to retain their days off for recreation purposes.
h) The Employee must claim from the Sheriff or the Registrar of the Court, payment of the
jury fee plus travelling allowance, if appropriate. Employees must notify their supervisor
of the dates they have been summoned to attend jury service immediately on receiving
the summons.
i) Employees selected to sit on a jury must apply for special leave and nominate the dates
they will be required to be off duty.
j) After taking leave to attend jury service, Employees must submit a certificate of
attendance, detailing the days attended and the court fee received.
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
KDH General Manager
E.gentol
Signed for and on behalf of the Australian Rall, Tnim and Bu• Industry Union (RTBU}
by:
t~ £u~t1
i -~ -
Signature
Signed for and on behalf of the Australian Rall, Tram and Bus Industry Union (RTBU) by: Alex Claassens of 4/321 Pitt st Sydney NSW 2000. Address Branch Secretary Position Allapes Signature
Signed for and on behalf of the Employees:
_______________________ of _______________________________________________
Name Address
_______________________
Position
_______________________
Signature
Renee Lewis 89 Denison St Hamilton NSW 2203
Multimodal Operations Controller
________
len
APPENDIX A - CLASSIFICATION STRUCTURE
CLASSIFICATION DESCRIPTION
Multimodal Operations
Controller - Training
An Employee engaged as a Multimodal Operations Controller
but has not yet completed all the necessary training.
Employee will be responsible for:
• Managing service performance within operational,
emergency and incident response plans
• Logging defects and unplanned events, reporting anomalies
to Maintenance and Technical team where required
• Coordinating resources, which includes drivers and customer
service staff, where required
• Direct and co-ordinate rail movement along the alignment.
troubleshooting of defective equipment
• Monitor safety and security via CCTV and help points and
assist the with passenger information requests
• Perform multimodal operator duties when required on the
network (and to maintain competency)
• Follow operational, emergency and incident response plans
and procedures in the event of an incident
Progression to Multimodal Operations Controller (qualified rate)
will occur after four (4) months, subject to the Employee being
deemed competent.
Multimodal Operations
Controller
An Employee engaged as a Multimodal Operations Controller
who has completed all the necessary training.
Employee will be responsible for:
• Managing service performance within operational,
emergency and incident response plans
• Logging defects and unplanned events, reporting anomalies
to Maintenance and Technical team where required
• Coordinating resources, which includes drivers and customer
service staff, where required
• Direct and co-ordinate rail movement along the alignment,
troubleshooting of defective equipment
• Monitor safety and security via CCTV and help points and
assist the with passenger information requests
• Perform multimodal operator duties when required on the
network (and to maintain competency)
• Follow operational, emergency and incident response plans
and procedures in the event of an incident
IN THE FAIR WORK COMMISSION
FWC Matter No.:
AG2023/1533
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
Hunter Multimodal Operations Control Agreement 2023 ("the Agreement"):
1. Despite the provisions of clause 26(a), a “shift worker” for the purpose of s87(1)(b) of
the Fair Work Act 2009 (Cth) is an employee who is a 7-day shift worker who is
regularly rostered to work on Sundays and public holidays.
This undertaking is provided on the basis of issues raised by the Fair Work Commission in
the application before the Fair Work Commission.
____________________________
Signature
2/06/2023
____________________________
Date
ATTACHMENT A
