Transit NSW (Region 6) Transport Workers Union and Rail Tram Bus Union Bus Drivers Enterprise Agreement 2022

1

Fair Work Act 2009 
s.185 - Application for approval of a single-enterprise agreement

Transit Systems West Services Pty Ltd
(AG2023/2505)

TRANSIT NSW (REGION 6), TRANSPORT WORKERS UNION, AND 
RAIL TRAM BUS UNION BUS DRIVERS ENTERPRISE AGREEMENT 
2022

Passenger vehicle transport (non rail) industry

DEPUTY PRESIDENT WRIGHT SYDNEY, 15 AUGUST 2023

Application for approval of the Transit NSW (Region 6), Transport Workers Union, and Rail 
Tram Bus Union Bus Drivers Enterprise Agreement 2022

Introduction 

[1] Transit Systems West Services Pty Ltd (the Employer) has made an application for 
approval of an enterprise agreement known as the Transit NSW (Region 6), Transport 
Workers Union, and Rail Tram Bus Union Bus Drivers Enterprise Agreement 2022 (the 
Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single 
enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) 
(Amending Act) made a number of changes to enterprise agreement approval processes in 
Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

[3] Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the 
Amending Act in relation to genuine agreement requirements for agreement approval 
applications apply where the notification time for the agreement was on or after 6 June 2023. 
The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 
June 2023, continue to apply in relation to agreement approval applications where the 
notification time for the agreement was before 6 June 2023. The notification time for the 
Agreement was before 6 June 2023.

[4] Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the 
Amending Act in relation to the better off overall test requirements for agreement approval 
applications apply where the agreement was made on or after 6 June 2023. The better off 

[2023] FWCA 2560

DECISION
FairWork 

Commission 


* AUSTRALIA FairWork Commission




































































[2023] FWCA 2560

2

overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, 
continue to apply in relation to agreement approval applications where the agreement was 
made before 6 June 2023. The Agreement was made on 14 July 2023.

Regulation 2.06 Requirements

[5] The signature page of the Agreement did not comply in all respects with Regulation 
2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was 
subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a 
document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Section 190 Undertakings
 
[6] The employer provided written undertakings. A copy of the undertakings is attached in 
Annexure 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 

[7] 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 

[8] The Transport Workers’ Union (TWU) and the Australian Rail, Tram and Bus 
Industry Union (RTBU) being bargaining representatives for the Agreement, have given 
notice under s.183 of the Act that they want the Agreement to cover them.

[9] In accordance with s.201(2), I note that the Agreement covers the TWU and the 
RTBU.






  



[2023] FWCA 2560

3

Approval
 
[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
22 August 2023. The nominal expiry date of the Agreement is 30 June 2026. 

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE521120  PR765215


OF THE FAIR SEAT MISSION




 



TRANSIT SYSTEMS 

Transit NSW {Region 6) 
TWU &RTBU 
Bus Drivers Enterprise 
Agreement 


NEL7 EYSTEMS TWUR RIBU Bus Drivers Enterprise 2022

TRANSIT SYSTEMS Transit NSW (Region 6) TWU & RTBU Bus Drivers Enterprise Agreement 2.22




 

Smee
Draft

Smee
Draft



TABLE OF CONTENTS 

SECTION 1-APPLICATION AND OPERATION OF AGREEMENT 

1. Title of this Agreement .•.......•.••...•••...•............••••.............................•.........•.••••................••.•••...•••••.....•.• 4 

2. Parties Bound by EA ...............••••.•••••.....••••••.••.••..••...•.••.............................••........•...•.......••.................... 4 

3. Date and Period of Operation ................................................................................................................ 4 

4. Relationship to Award ••••......•••.................................•..••..•.............•••........•.....................................•...... 4 

5. Relationship to Legislated Minimum Standards ...................................................................................... S 

6. Definitions ..............•.••••.............••.•...............................................••.............•••................•..................... 5 

7. Anti-Discrimination ............................................................................................................................... 7 

8. No Extra Claims ..................................................................................................................................... 7 

SECTION 2 - EMPLOYMENT RELATIONSHIP 

9. Job Share .............................................................................................................................................. 7 

10. Casual Bus Operator ••.....•....•....•••...............................................•.••........•..••••......•................................ 8 

11. Permanent Part-Time Bus Operator ....................................................................................................... 8 

SECTION 3 -WAGES & RELATED MATTERS 

12. Remuneration ••................•..................................••...............•.....•..•................................................•.... 10 

13. Rates of Pay •.................••..............................................................••.................................................... 11 

14. Payment of Wages .........•..•..........•.............................................•...•.....•••..•.........•................................ 12 

SECTION 4 -HOURS OF WORK, ROSTERS, BREAKS, OVERTIME 

15. Hours of Work ..................................................................................................................................... 13 

16. Roster Provisions .•....•...•••..........................................•..................•..........•........................................... 14 

17. Secure Employment ............................................................................................................................. 15 

18. Breaks .......................................•................................................•....................................•................... 16 

19. Overtime and Other Penalty Rates ....................................................................................................... 16 

20. Saturday and Sunday Work .................................................................................................................. 17 

21. Mixed Functions .................................................................................................................................. 18 

22. Nightride Shifts ..•••••••..•.•......•..................................•.•••.........•.•.......•................................................... 18 

23. Days Off .............................................................................................................................................. 18 

24. Uniforms ..............................•.....••••................••..............................•............•••••..•.................•.............. 18 

SECTION 5 -ALLOWANCES 

25. High-Capacity Allowance ...•.•...................................•...............••••..•.•.......................................•......•...• 19 

26. Meal Allowance .....•..•••••..••..•...................................•.........••••........•...•••••......•...................................... 19 

27. Nightwork Allowance .......•...••••................................................•.....••.•......•••.......•...........•.................... 19 

28. Fare Paying Passenger Allowance ......................................................................................................... 20 

29. Industry Allowance ...............•.......•...••••............••••..............................................•.••••......•.............•...... 20 

SECTION 6-ROSTERS AND RELATED MATTERS 

30. Standing Time for Sydney .................................................................................................................... 20 

31. Rosters ..........................•.•.........•.••..........................................................•........................................... 21 

32. Daily Maintenance of Rosters .............................................................................................................. 22 

33. Union, Institute and Yard Supervisor Shifts .......................................................................................... 22 

34. Roster Committees .............................................................................................................................. 23 

35. Roster Changes ••..•••••••.•.••.....••••••••..........••••..•...•.............•.•....•••.••.••......••••••••.••••.....•.••••••••••................. 24 

36. Training Rosters ..................................................................................................................................................... 24 

37. New Year's Eve Rostering Arrangements .............................................................................................. 25 

38. Cancellation of Rostered Day Off ...........................•................•...•........•...........................•................... 25 

SECTION 7- LEAVE AND PUBLIC HOLIDAYS 

39. Public Holidays .............................••.•.......................................................................................•........... 26 

40. Personal Leave .................................................................................................................................... 27 

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41. Compassionate Leave ..........•..••.••..•.••..•....••••••••..•••.••.....•...........••...•........•••••••...••••••••••••••••••••.............. 29 
42. Annual Leave •.•...•.....................................•••••........••••.•.......................................••••.••••.•.•.........••.•••....• 30 
43. Long Service Leave .............................................................................................................................. 32 
44. Parental Leave •••••........••••.............................•......•••.••..•..........••......•....................•...•......•.........•..•......• 32 
45. Family & Domestic Violence Leave ....................................................................................................... 34 
46. Jury Service Leave ............................................................................................................................... 34 

47. Paid Maternity Leave ........................................................................................................................... 35 
48. Adoption Leave ..•............................•••.••.......•.•........•..•................................•••.....•.....•...........••••.......... 36 

49. Career Break ....................................................................................................................................... 37 

SECTION 8 - OCCUPATIONAL HEALTH & SAFETY AND TRAINING 
50. Workplace Health and Safety Training ................................................................................................. 38 
51. Alcohol and Other Drugs ...................................................................................................................... 38 
52. Certificate Ill in Driving Operations (Bus) .............................................................................................. 38 
53. Fatigue Management ...........................•.....•.•••.......•..•.........................................••.........••.........•..••..•..• 39 
54. Amenities ..•................•.............................................•............................................................•............. 39 
55. Training- New Employees ................................................................................................................... 40 
56. Training - lnductions ............................................................................................................................ 40 
57. Training and Release of Consultative Committee/Union Delegates ....................................................... 41 

SECTION 9 - GENERAL 
58. Code of Conduct .......................................••..••••.••..•...••..•..................................•.••.......••........•..••.•....... 43 

59. Disciplinary Procedure ......................................................................................................................... 44 
60. Deduction of Pay ................................................................................................................................. 47 
61. Operating Locations ............•...••..•..••.....•...••...•..•••..................................•••....••....•.......•••..........•.........• 47 
62. Fines and Reimbursements .....................••••...........•..........................................•.••............................... 48 
63. Licence and Bus Driver Authority ......................................................................................................... 48 
64. Union Delegates/Consultative Committee Representative .................................................................... 48 
65. Notice Board ....................................................................................................................................... 48 
66. Consultative Committee ...................................................................................................................... 49 

67. Abandonment of Service ..................................................................................................................... 49 
68. Absence Management Procedures ....................................................................................................... 50 

69. New Technology .................................................................................................................................. 54 
70. Termination/Redundancy .................................................................................................................... 54 
71. Career Paths ........................................................................................................................................ 55 
72. Acting Out of Classification .................................................................................................................. 56 
73. Excess Travelling Time ......................................................................................................................... 56 
74. Attending for Duty ..............................••..•.•.•..•.•.........................................•..•..•.........•••..•..................•. 56 
75. Attending Court ................................................................................................................................... 57 
76. Making Reports ................................................................................................................................... 58 
77. Attending Office .................................................................................................................................. 58 

SECTION 10 - INDUSTRIAL RELATIONS 
78. Dispute Resolution .............................................................................................................................. 58 
79. Major Change and Consultation ........................................................................................................... 59 
80. Flexibility ...............................••••........•....•••.•.................................•.........•.•........•••...•...•..........•........... 62 
81. Salary Sacrifice for Superannuation ...................................................................................................... 64 
82. Default Superannuation Funds .........•.••......•••••.•....•..•.••••...........................................•...•..•..•.•..•..••.•.•... 64 
83. Superannuation Guarantee .•.....••..•..............••.••••..•...•••..•.........•................•••...............................•........ 65 
84. Influenza Vaccine .......................•••...........••...............................•...............•........•.........•...............•...... 65 
85. Union's Picnic Day ............................................................................................................................... 65 
86. Income Protection .............................•..•...•........•••...•......................................•.•••.......••........••••..•........ 66 

Schedule 1- Monetary Rates 
Schedule 2 - Union and Institute time 

87. Acceptance by Parties .......................................................................................................................... 69 








SECTION 1-APPLICATION AND OPERATION OF AGREEMENT 

1. Title of this Agreement

The Enterprise Agreement (EA or Agreement) will be known as Transit NSW (Region 6), Transport

Workers Union, and Rail Tram Bus Union Bus Drivers Enterprise Agreement 2022.

2. Parties Bound by EA

The parties bound by this EA are:

a) Transit Systems West Services Pty Ltd in the State of NSW, (The Company or Employer).

b) Persons employed by the Company who are partly, wholly, or principally employed as Bus

Drivers, and who perform bus driving work in the Leichhardt, Tempe, Burwood, Kingsgrove

Depots, New South Wales (Employees).

c) The Transport Workers Union of Australia (NSW Branch) (the Union).

d) The Australian Rail Tram & Bus Industry Union (NSW Branch) (the Union).

3. Date and Period of Operation

This EA shall come into operation from the first full pay period on or after the seventh day after the

date that it is approved by the Fair Work Commission, and it shall have a nominal expiry date of the

30th of June 2026. In an effort to ensure that future wage increases are not delayed after the

nominal expiry of this agreement, the parties bound by this EA agree to commence negotiations for

a replacement agreement six months prior to the nominal expiry date of this EA.

4. Relationship to Award

This EA operates to the complete exclusion of:

a) the Passenger Vehicle Transportation Award 2020;

b) any other federal or state award or notional agreement preserving a state award; and

c) any other previous agreements.

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5. Relationship to Legislated Minimum Standards

a) Since 1 January 2010 the National Employment Standards (NES) have applied to the

employment of Employees under this Agreement.

b) It is not the intention of the parties that this Agreement operates in any way that is less

favourable than the NES (except where allowed by the Act). If in a particular situation, this

Agreement could be interpreted as providing a less favourable outcome to Employees, then

the NES will apply to the extent of the inconsistency.

6. Definitions

For the purpose of this EA, the following definitions shall be adopted:

"Base rate" shall mean the ordinary hourly rate as per Schedule 1, and for the avoidance of doubt

does not include any penalties, allowances, or loadings (refer 'Full pay rate")

"Bus Operator" shall mean an employee who ordinarily drives a Bus carrying paying passengers.

"Broken Shift" means a shift with a spread of hours up to 12 hours and 15 minutes and with an

unpaid break of greater than 120 minutes between the two portions of work.

"Casual Employee" has the meaning given by section 15A of the Fair Work Act.

"Charter Shift" to lease or hire for exclusive use, including Rail, Sporting, School, and Private charters

that sit outside of normal contracted timetabled and rostered work.

"Driving Hours" shall be the national or state regulations that apply to bus driving hours applicable

at the time.

"EA" shall mean this Enterprise Agreement, Transit NSW (Region 6), Transport Workers Union,

and Rail Tram Bus Union Bus Drivers Enterprise Agreement 2022.

"Employees" shall mean those persons who work under the direction of the Company and receive a

payment within the terms of this EA and who are parties thereto.

"Engagement" shall mean the rostered daily shift for a bus driver and includes a broken shift.

"Full pay rate" shall mean the base rate plus any incentive-based payments and bonuses, loadings,

monetary allowances, overtime or penalty rates, and any other separately identifiable amounts.

"NES" means the National Employment Standards under the Act.

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"Prescribed Rates" shall be the Monetary Rates, set out in Schedule 1 hereto. 

"Straight Shift" shall mean a shift permitted under driving hours legislation minimum of 7 hours to 

9 hours 10 minutes plus a SO-minute meal break Monday to Friday. Saturday and Sunday, rail 

charters can be rostered over a spread of up to 10 hours and SO minutes inclusive of a meal break. 

"Six-day Roster" shall mean for ordinary hours worked and rostered S over 6 days. 

"The Act" shall mean the Fair Work Act 2009 {Cth). 

"The Company" or "the Employer" shall mean Transit (NSW} Services Pty Ltd and Transit Systems 

West Services Pty Ltd and any subsidiaries or associated entities that employ bus drivers in New South 

Wales (to perform bus driving & associated work within New South Wales). 

"The Union" shall mean the Transport Workers Union of Australia {NSW Branch) and or the Australian 

Rail Tram & Bus Industry Union (NSW Branch). 

"Fair Work Commission" is the body appointed to receive and give approval or otherwise to 

the EA. 

"WPI" shall mean the TfNSW Wage Price Index. Transport for New South Wales (TfNSW) maintains 

an index of movements in wage levels in comparative industries ("TfNSW WPI Index"). This is 

currently the ABS Labour Price Index, Total Hourly Rates of Pay (excluding bonuses), Private and 

Public: Transport, postal, and warehousing (A2603469T). 

"High-Capacity Bus" means an articulated or double-decker bus. 

"Nightride Shift" is a shift, the majority of the ordinary hours of which are taken up by work pursuant 

to a contract entered into by the employer to provide timetable services for the replacement of 

train services between 12.00 midnight and S.00 am. 

"Allowances" shall be the Monetary Rates set out in Schedule 1- Allowances. 

"Transferred Employees" means all transferred former State Transit Authority employees who 

transferred on 1 July 2018. 

"Non-Transferred Employees" means all employees who are not Transferred Employees. 

"Emergency'' means an urgent, unexpected, and usually dangerous situation that poses an 

immediate risk to health, life, property, or environment and requires immediate action. 

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7. Anti-Discrimination

7.1. It is the intention of the parties to this agreement to prevent and eliminate discrimination on

the basis of race, colour, gender, sexual preference, age, physical or mental disability, marital 

status, family responsibilities, pregnancy, religion, political opinion, national extraction, or 

social origin. 

7.2. Accordingly, in fulfilling their obligations under clause 78 "Dispute Resolution Procedure", the 

parties must make every endeavour to ensure that neither the agreement provisions nor their 

operation is directly or indirectly discriminatory in their effects. 

7.3. 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. 

8. No Extra Claims

The Parties agree that no extra claims shall be made in regard to any wages and allowances or conditions of

employment during the nominal term of this EA as defined in clause 3 above.

SECTION 2- EMPLOYMENT RELATIONSHIP 

9. Job Share

9.1. The Parties agree to enable Employees covered under this EA, to participate in job share

arrangements where possible. The intention of the Parties is to improve Employee retention 

rates by providing more flexible patterns of work through job share arrangements, with 

particular emphasis on: 

9.1.1. Employees contemplating a reduction in working hours prior to retirement; and 

9.1.2. Employees needing to balance work commitments and family responsibilities. 

9.2. Job share arrangements must be agreed to by the Employees' manager and be documented in 

writing. 

9.3. A job share arrangement will lapse in the event that either one of the participants returns to 

full-time work, transfers to another line of work or position, or exits Transit Systems. 

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10. Casual Bus Operator

10.1. A casual Bus Operator is to be employed by the hour on a daily basis.

A casual Bus Operator working ordinary time will be paid an hourly rate contained in Schedule 

1, which includes a casual loading of 25 percent. The loading constitutes part of the casual Bus 

Operator's all-purpose rate. 

10.2 A casual Bus Operator will be employed for no more than six shifts per week. 

10.3 A casual Bus Operator will be employed by the hour and be paid for all time worked with a 

minimum engagement of three hours on a weekday, four hours on a Saturday, Sunday and 

Public Holidays as prescribed in clause 13. 

10.4 A casual Bus Operator's employment may be terminated with one hour's notice by either the 

employer or the Bus Operator. 

10.5 A casual Bus Operator who attends duty as requested, and who is told upon such attendance 

that he/she is not required on that day shall be paid a minimum of three hours. 

10.6 A casual Bus Operator will be utilised in the first instance, whenever practicable, to cover 

planned and unplanned absences of part-time Bus Operators. 

11. Permanent Part-Time Bus Operator

11.1. A permanent part-time Bus Operator is a Bus Operator who: 

(i) works a minimum of 20 hours and less than full-time hours of 38 per week; and

(ii) has reasonably predicted hours of work; and

(iii) receives on a pro-rata basis, the equivalent pay, and conditions of full-time employees of the

same classification.

11.2. The Parties agree that part-time Employees can be utilised to perform work in excess of their 

daily agreed hours if full-time Bus Operators at the Depot are unavailable to undertake the 

work required to be performed to maintain service delivery on the day. 

11.3. It is agreed that Employees offered part-time Bus Operator positions will not be offered or 

rostered for two shifts on any day. 

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11.4. For the purposes of this clause a shift will mean a single engagement on any day of the 

week excluding Sundays. There shall be at least ten hours break between the finishing of a 

shift and the commencement of another shift. 

11.5. At the time of engagement, the Employer and the regular part-time Bus Operator will agree 

in writing, on a regular pattern of work, specifying at least the hours worked each day, which 

days of the week the Bus Operator will work and the actual starting and finishing time each 

day. 

11.6. Any agreed variation to the regular pattern of work will be recorded in writing. Contract hours 

cannot be changed without the agreement of the employee concerned, except where new 

rosters are built to accommodate school vacation times, service reviews etc. When this 

occurs, the actual start and finish times of each shift and total hours of work for a day may 

be varied by up to 60 minutes at the discretion of the Employer. Where practicable, the 

Employee is to be allocated shifts that have hours of work as near as possible to the 

Employee's current contract of employment. 

11.7. The employer is required to roster a regular part-time Bus Operator for a minimum of three 

consecutive hours on any shift. 

11.8. A Bus Operator who does not meet the definition of a part-time Bus Operator and who is not 

a full-time Bus Operator will be paid as a casual Bus Operator in accordance with clause 10. 

11.9. All time worked in excess of the hours as mutually arranged will be overtime and paid for in 

accordance with Clause 19. 

11.10. A part-time Bus Operator who attends and/or commences work and is subsequently 

informed that he/she is not required shall be paid for a minimum of three hours pay. 

11.11. Where the employer intends to reallocate or designate particular work to regular part-time 

employment, the employer shall give the employee a month's notice. 

11.12. Four weeks' notice is to be given to the local union representative, where it is the intention 

of the manager to re-allocate or designate particular bus driving duties to permanent part­

time Bus Operators. During that time, issues of concern related to the intention to 

reallocate or designate work as part-time will be dealt with locally or at the branch divisional 

level. 

11.13. Part-time lines of work will be built to a maximum of 146 hours of work per four weekly 

lines of rostered work. Any lines of work identified above this will be converted to full-time 

lines of work. 

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SECTION 3 -WAGES & RELATED MATTERS 

12. Remuneration

12.1. The pay rates as of the pt of July 2022 are set out in Schedule 1. 

12.2. Transport for New South Wales (TfNSW) maintains an index of movements in wage levels 

in comparative industries ("TfNSW WPI Index"). This is currently the ABS Labour Price 

Index, Total Hourly Rates of Pay (excluding bonuses), Private and Public: Transport, postal, 

and warehousing (A2603469T). This index may be replaced by a similar index during the 

course of this EA. Should this index return a negative figure, pay rates will not be reduced. 

12.3. The rates arrived at under clause 12.1 will increase by the percentage difference in the 

"TfNSW WPI Index" from the March Quarter of 2022 to the March Quarter of 2023 or 

3.00%, whichever is greater and will be applied to the wage and allowance rates (except 

for the High-Capacity Allowance for Transferring employees) from the first full pay cycle 

after 1st July 2023. 

12.4. The rates arrived at under clause 12.3 will increase by the percentage difference in the 

"TfNSW WPI Index" from the March Quarter of 2023 to the March Quarter of 2024 or 

3.00%, whichever is greater and will be applied to the wage and allowance rates (except 

for the High-Capacity Allowance for Transferring employees) from the first full pay cycle 

after 1st July 2024. 

12.5. The rates arrived at under clause 12.4 will increase by the percentage difference in the 

"TfNSW WPI Index" from the March Quarter of 2024 to the March Quarter of 2025 or 

3.00%, whichever is greater and will be applied to the wage and allowance rates (except 

for the High-Capacity Allowance for Transferring employees) from the first full pay cycle 

after ist July 2025. 

12.6. Should TfNSW elect to pay Transit (NSW) Services Pty Ltd an amount greater than that 

designated by the "TfNSW WPI Index" for the defined period, then that greater amount will 

be passed on to the Employees. 

12.7. Saturday shifts shall be paid at the hourly rate set out in Schedule 1. Sunday shifts shall be 

paid at the hourly rate set out in Schedule 1. 

12.8. Public Holiday shifts shall be paid at the hourly rate set out in Schedule 1. 

12.9. All non-rostered overtime worked from Monday to Friday excluding a rostered day off will 

be paid at the overtime rate in accordance with clause 19 and set out in Schedule 1. 

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12.10. Where a Consultative Committee member, Union Delegate, or other Employee is 

required by the Company to attend a meeting to accompany a fellow Employee, this will 

be regarded as time worked and they will be paid the applicable full pay rate for the time 

taken to attend the meeting. 

12.11. The Agreement Payment Amount shown in Schedule 1 shall be payable in the first full pay 

period on or after the seventh day following the date that this Agreement is approved by 

the Fair Work Commission. This payment is for Transferring employees only. 

13. Rates of Pay

13.1. The wages and allowances of all Employees are set out in Schedule 1 and no other wages 

shall apply. 

13.2. Casual Employees shall be paid at the rates prescribed in Schedule 1. These rates include a 

Casual loading for all time worked during ordinary hours and a Casual loading for all time 

worked at overtime rates. The Casual loading shall be calculated on the applicable ordinary 

time base rate and shall not be subject to any additional penalty or loading. 

13.3. The loading is paid in lieu of Casual Employees receiving paid leave entitlements or notice 

of termination under this Agreement, and Casual Employees shall be paid in the following 

manner: 

13.3.1. Monday to Friday - Casual Employees shall be engaged by the hour and paid for 

all time worked to the nearest minute, with a minimum engagement of three 

hours; provided that, for all time worked in excess of 38 hours per week or ten 

hours on any day, the rate of pay shall be time and one half as designated in 

Schedule 1. 

13.3.2. Saturdays - Casual Employees shall be engaged for a minimum engagement of 

four hours and shall be paid for all time worked at the time and one half as set out 

in Schedule 1. 

13.3.3. Sunday - Casual Employees shall be engaged for a minimum engagement of four 

hours and shall be paid for all time worked at double time as set out in Schedule 

1. 

13.3.4. Public Holidays - Casual Employees shall be engaged for a minimum engagement 

of four hours and shall be paid for all time worked at double time and one half set 

out in Schedule 1. 

13.3.5. Clause 19, Overtime, and other Penalty Payments shall not apply to Casual 

Employees. 

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13.4. Permanent Part-Time Employees - may be employed on a permanent basis to work a 

minimum of 20 hours per week, provided that: 

13.4.1. a minimum of three hours per day shall be worked by such an Employee. 

a. The spread of ordinary hours allowable for such Employees shall be as set out in

clause 15 (Hours of Work).

b. The rate of pay of such Employees shall be as detailed in Schedule 1.

c. Part-time Employees shall attract a pro-rata entitlement (referrable to full-time

work), to:

■ annual leave;

■ personal leave;

■ compassionate leave;

■ long service leave;

■ public holidays;

■ parental leave;

■ personal and domestic violence leave;

■ purchased leave.

13.5. Employees driving a high-capacity bus shall be paid an allowance as set out in Schedule 1, 

(Allowances). 

14. Payment of Wages

14.1. Wages for Non-transferred employees shall be paid weekly and wages for Transferred 

employees shall be paid fortnightly by electronic funds transfer. 

14.2. A payday shall be fixed, which, once established, shall not be changed except by agreement 

or with seven days' notice. Where the payday falls on a day prior to a public holiday, 

Employees shall be paid on the day prior to the normal payday. 

14.3. Each Employee shall be supplied with a statement in writing on which the following 

information will be provided: 

14.3.1. the name of the Employee; 

14.3.2. the classification of the Employee (e.g., casual, part-time, full-time); 

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14.3.3. the date on which the payment was made; 

14.3.4. the period of employment to which the payment relates; 

14.3.5. the gross amount of remuneration; 

14.3.6. the amount paid as overtime, or such information as will enable the Employee 

to calculate the amount paid as overtime; 

14.3.7. the amount deducted for taxation purposes; 

14.3.8. the amount of contributions for superannuation purposes and the fund into which 

the contributions were made; 

14.3.9. the particulars of all other deductions; and; 

14.3.10. the net amount paid. 

SECTION 4 - HOURS OF WORK, ROSTERS, BREAKS, OVERTIME 

15. Hours of Work

15.1. The ordinary hours of work, exclusive of mealtimes, shall not exceed 38 hours per week, 

on the following basis. 

15.1.1. For employees on a six-day roster, ordinary hours of duty may be worked to 

provide for 152 hours of work in a four-week cycle, excluding Sundays. This 

enables employees to have one day off duty during that cycle by accruing 

additional working time on other working days. Such hours are to be arranged 

within shift limits. 

15.2. The ordinary weekly hours shall be worked in five days and shifts shall be limited to ten 

hours for any shift. 

15.3. An employee, other than a casual employee, called upon to work a broken shift on Monday 

to Friday, inclusive, shall be paid for not less than seven hours for such shift. 

15.4. Broken shifts shall be rostered with a spread of up to 12 hours and 15 minutes inclusive of 

unpaid breaks. The only unpaid break on a broken shift will be the break between the two 

13 






  



sections of the shift. Employees will be entitled to payment for all the other time worked 

on a broken shift. On any broken shift portion, the ordinary hours of duty shall be no 

greater than five hours and fifteen minutes. 

15.5. No Monday to Friday straight shift shall be rostered less than seven hours and to exceed a 

spread of 10 hours, inclusive of meal breaks. Saturday, Sunday, and Rail/Charter shifts can 

be rostered with a spread of up to 10 hours and 50 minutes inclusive of meal breaks. 

15.6. No Employee shall be required to work a broken shift on a Saturday, Sunday, or a Public 

Holiday, except as provided for in clause 31.9. 

15.7. The break between the two sections of a broken shift shall be at least 120 minutes. 

15.8. Employees may be permitted to exchange shifts to meet their personal convenience, 

provided that such change is with the consent of the Employer. 

15.9. An Employee shall be rostered to have a continuous break between the completion of a 

shift and the commencement of the next regular starting time of no less duration than 10 

hours or that required by the National Driving Hours, whichever is the longer break. 

15.10. The shifts and rosters prepared on the basis of conditions outlined in this Enterprise 

Agreement shall be implemented within six months of the commencement of operation of 

this enterprise agreement. 

15.11. Where, through absence from duty on any day or part thereof, time short of the standard 

hours of employment per week is worked, payment shall be reduced by the amount of lost 

time only. 

16. Roster Provisions

16.1. Employees shall be allowed reasonable time to perform such duties as required by the 

employer. 

Duties will include the following provisions for the tasks listed below: 

a. Sign on - 5 minutes;

b. Sign on and drive a bus from the depot at the commencement of a shift - 10

minutes;

c. Sign on and drive a bus from the depot on the second portion of a broken shift -

5 minutes;

14 

.,. 








d. Sign on and pick up a bus in traffic (street relief) - 5 minutes, plus

travelling/walking time to the picking up point;

e. When returning to a bus after a meal break- 5 minutes;

f. Return a bus to the depot - 8 minutes;

g. Return a bus to the depot and sign off the first portion of a broken shift-3 minutes;

h. When bringing a bus to the depot/meal location for a meal/crib break- 3 minutes;

i. When required to fuel/charge a bus after the first portion of a straight or broken

shift an additional 5 minutes shall be included in the shift;

16.2 The turnaround at a terminus shall be flexible and will consider the likelihood of late 

running, congestion, and being able to start the next trip on time. Turnaround times will be 

reviewed from time to time by the scheduling department and members of the Consultative 

Committee may raise this issue with their Operations Manager. 

17. Secure Employment

17.1. The Company will take all reasonable steps to provide its Employees with secure 

employment by maximising the number of permanent positions in the Employer's 

workforce, in particular by ensuring that Casual Employees have an opportunity to apply for 

permanent positions as they become available. 

17.2. A Casual Employee engaged by the Employer on a regular and systematic basis for a 

sequence of periods of employment under this Agreement during a calendar period of six 

months shall thereafter have the right to elect to have his or her ongoing contract of 

employment converted to permanent full-time employment or part-time employment if the 

employment is to continue beyond the prior six- month period in the same hourly manner. 

The conversion to permanent part-time or permanent full-time will be based on, and in 

line with, the hours worked by the Casual Employee in the preceding six-month period. 

17.3. Offers and requests for conversion from casual employment to full-time or part-time 

employment other than as stated in clause 17.2 are provided for in the NES. 

Disputes about offers and requests for casual conversion under the NES are to be dealt with 

under clause 78 - Dispute Resolution Procedure. 

15 








18. Breaks

18.1. There shall be such flexibility in taking meal and crib breaks in regard to charters, relief 

duties, straight shifts and shifts as is reasonably necessary to assist rostering. 

18.2. The times for taking meal and crib breaks shall be consistent with National Driving Hours 

Legislation: 

18.3. 

18.2.1. A meal break shall be not less than 40 minutes and shall not exceed 50 minutes 

and is unpaid. A crib break shall be not less than 20 minutes and not more than 

30 minutes and shall be counted as time paid. 

18.2.2. No duties shall be performed by an employee during his/her meal or crib break. 

18.2.3. Where an Employee is required to take a meal break away from his/her depot, it 

shall be the responsibility of the Employer to arrange for suitable toilet and meal 

facilities. 

Charter Work 

18.3.1. Employees shall not be rostered to work for more than five hours and fifteen 

minutes without an unpaid meal break or crib. 

18.3.2. A crib shall be taken in the Employer's time and the minimum time to be rostered 

for a crib shall be 15 minutes (with an additional 3 minutes as per clause 16.l(i) 

18.3.3. Any shift which commences before midnight and finishes after 2.30 a.m. shall be 

provided with a thirty-minute crib. 

19. Overtime and Other Penalty Rates

19.1. Maximum Penalty Payment - Subject to rates of pay for Casual Employees and on Public 

Holidays, when time worked is subject to more than one extra rate of payment, the 

Employer shall not be required to pay more than the rate of double time. 

19.2. Overtime: 

19.2.1. For employees working Ordinary hours as per clause 15.1.1 overtime shall be paid 

for all time worked in excess of eight hours fifteen minutes in any shift on a daily 

basis subject to clause 19.2.2. 

19.2.2. For employees working Ordinary hours as per clause 15.1.1 overtime shall be paid 
16 








for all time worked in excess of 40 hours in any week when five shifts are worked, 

or in excess of 32 hours in any week where four shifts are worked with ADO 

(7.60hrs) when such hours are worked on the basis of 152 hours/nineteen shifts 

in a four-week work cycle subject to clause 19.2.3. 

19.2.3. For employees working Ordinary hours and non-rostered overtime as per clause 

15.1.1, overtime worked in accordance with clause 19.2.1 shall be paid for at the 

rate of time and a half for the first three hours and double time thereafter. 

19.2.4. The Employer may require Employees to work reasonable overtime at overtime 

rates. 

19.2.5. Where different overtime rates apply to the same hours of work, the rate most 

favourable to the Employee shall be paid. 

19.2.6. An employee who is rostered to work a straight shift of a spread of 10 hours and 

50 minutes, inclusive of meal breaks, shall be paid at double time for all time 

worked in excess of the rostered shift excluding charter and special events. 

19.2.7. An employee called upon to work overtime beyond the normal rostered shift after 

11.30 pm and before 5.30 am shall, upon request, be provided by the employer 

with transport to or from the employee's place of residence. 

19.3. Broken Shifts & Other Penalty Payments 

19.3.1. All time worked on a broken shift after nine and a half hours from the time first 

signed on shall be paid for at the rates set out in Schedule 1. 

19.3.2. No broken shift will finish later than 8.00 pm. 

19.3.3. Subject to clause 19.3.1, all broken shift penalties under this clause shall stand alone 

for the purpose of calculation of wages. 

19.3.4. Recall -An Employee who has left the premises and who is requested to return to 

work to perform extra duties shall be paid at overtime rates, with a minimum 

paid period of four hours. This Clause does not apply to the break between the 

two portions of a broken shift. 

20. Saturday and Sunday Work

20.1. Ordinary time worked on Saturdays shall be paid for at the rate of time and a half up to 

8hrs and 15mins then double time. 

17 








20.2. Time worked on Sundays will stand alone and shall be paid for at the rate of double time. 

20.3. Notwithstanding anything provided for elsewhere in this Agreement, the Employer shall 

not be required to pay more than double time in respect of any work performed between 

midnight on Saturday and midnight on Sunday. 

21. Mixed Functions

21.1. An Employee required by the Employer to work for less than two hours a day on work 

carrying a higher rate of pay shall be paid at the higher rate for the actual time so worked 

and when required to work for more than two hours a day on such work he/she shall be paid 

as for a whole day's work. 

21.2. This clause shall not apply to actual periods of one hour or less or to the exchange of work 

arranged between Employees to meet their personal convenience. 

22. Nightride Shifts

The wage rate applicable to Nightride Shifts will be:

22.1. Worked on Monday to Saturday (inclusive) time and a half; 

22.2. Worked on Sunday double time, and 

22.3. Worked on a Public Holiday double time and a half. b) Notwithstanding anything contained 

herein, each shift shall be paid for at the rate applicable to the day on which the major 

portion of the ordinary time of the shift is worked. 

23. Rostered Days Off

23.1. All full-time Employees shall be allowed at least one day off each week and shall not be 

worked on such days off. 

23.2. An Employee required to work on any day rostered off shall be guaranteed and/or paid for 

not less than four hours of work at the appropriate rate. 

24. Uniforms

Company Uniforms will be provided on a 'Fair Wear and Tear' basis.

18 








SECTION 5 -ALLOWANCES 

25. High-Capacity Allowance

25.1. An employee who operates a vehicle with a licenced capacity of 80 or more passengers, 

excluding single-deck rigid vehicles (High Capacity), shall be paid an additional amount per 

shift, as set out in Schedule 1. (Non-Transferred employees only) 

25.2. An Employee who operates a high capacity (a vehicle with a licenced capacity of 80 or more 

passengers, excluding single deck rigid vehicles) bus on 124 or more shifts in a twelve­

month period immediately prior to clearing paid leave, shall be paid the allowance set out 

in Schedule 1. (Transferred Employees Only) 

26. Meal Allowance

26.1. If an Employee (other than a Casual) is required to work for two (2) hours or more after the 

usual finishing time; and 

26.2. If the Company does not advise the Employee on the day before the additional work is 

required to be performed, 

the Employee will be paid a meal allowance as set out in Schedule 1. (this allowance 

does not apply to the middle of a broken shift) 

27. Nightwork Allowance

An Employee rostered to work on shifts other than broken shifts shall be paid an additional

allowance for all time on duty as set out below/ Schedule 1, excluding weekends and public

holidays.

17:00 - 20:00 15% 15% 

l 
of hourly rate 

20:00 - 24:00 15% for the whole shift 15% of hourly rate 

24:00 - 05:00 
15% 15% of hourly rate 

(night work} 

0:00 - 7:00 
15% 15% of hourly rate 

(day work) 

19 

l 






  

  



28. Fare-paying Passenger Allowance (Non-Transferred employees only)

An Employee who drives a bus in service carrying fare-paying passengers or where a person is

employed as a driver and conducts yard duties for the Company shall be paid an allowance per day

as set out in Schedule 1.

29. Industry Allowance (Transferred employees only)

29.1. Employees, other than Casual Employees, covered by this Agreement, shall be paid an 

Industry Allowance as set out in Schedule 1, of this Agreement, for compliance with the 

Disputes Resolution Procedure at clause 78 of this Agreement. 

29.2. In accordance with the terms of the 1981 unregistered industrial agreement between the 

then Urban Transit Authority (a predecessor corporation to the Employer), the then 

Australian Tramways, Motor Omnibus Association (now the RTBU) and the then NSW 

Labour Council (now Unions NSW), the Employer reserves the right to review the payment 

of the Industry Allowance where the Disputes Resolution Procedure is not adhered to. 

29.3. Permanent part-time Employees covered by this Agreement, shall be paid the Industry 

Allowance on a pro-rata basis, based on the proportion of full-time hours worked. 

29.4. The Industry Allowance is paid for all purposes. The Industry Allowance will be indexed 

under the provisions of 12.2. 

SECTION 6- ROSTERS AND RELATED MATTERS 

30. Standing Time for Sydney

30.1. Standing time is not granted for a service trip preceding a meal or sign-off, including where 

special running is required to a location to commence such a meal break or effect such sign­

off. 

30.2. Non-Critical Peak Periods. 

30.2.1. A minimum of eight minutes of rest time is to be taken on all major city-based trunk 

routes and strategic cross-regional routes. The routes to be defined as "major city­

based trunk routes" and "strategic cross-regional routes" is to be determined as a 

function within the scope of the Roster Committee process (in accordance with 

Clause 34), and agreed with the local manager and Union Delegate, with the local 

manager to document the agreed definition and share it with the Roster 

Committee, Network Optimisation Manager and Union Delegate. 

20 






  



30.2.2. Non-critical peak periods are all times outside the intent of clause 30.3 and 

Saturdays and Sundays. 

30.3. Critical Peak Period Times - Monday to Friday. 

30.3.1. A minimum of six minutes of rest time is to be taken on all major city-based trunk 

routes and strategic cross-regional routes. These critical peak periods are for 

approximately one hour and are based on timetable commitments for each depot 

as identified by the local manager and Union delegate. 

30.4. Late Running. 

30.4.1. Where late running occurs, the rest time is to be reduced to allow bus services to 

run on time. Where it is not possible for the full rest period to be taken at one 

terminal it will be transferred to a later terminal. 

30.4.2. To ensure this Agreement does not impact on peak bus requirements, standing 

time may be transferred to another terminal, providing all standing time is cleared 

before the end of each shift portion. 

30.5. Unaffected Routes. 

The parties have documented bus routes operating along trunk/strategic routes and times 

that are to be excluded from the above criteria. To be undertaken in line with clause 15.10. 

31. Rosters

31.1. All timetabled in-service duty to be performed by Employees covered under this Agreement 

shall be rostered. 

31.2. The employer shall post a roster of all shifts in a prominent place in the depot four days 

prior to that roster commencing. Shifts will be available detailing the start and finishing 

times. 

31.3. Employees shall be rostered off on a minimum of two clear days in each rostered week. 

31.4. Employees may exchange shifts by mutual arrangement between themselves and subject 

to the approval of the Employer. 

31.5. Payments shall be made for each shift at the rate applicable to the day on which the major 

portion of the work is performed. 

21 

... 








31.6. Where duty rosters for new services, new timetables, or alterations to existing rosters 

and/or timetables that necessitate roster adjustments of greater than 12.5% of the duty 

roster schedules are required, the adjusted duty roster shall be posted at the Depot/s at 

least 28 days in advance of the introduction of the adjustments. 

31.7. Where, because of an emergency (including as directed by TfNSW), the Employer cannot 

post the duty roster within the required 28 days it shall notify the employees and the 

Unions. 

31.8. This clause shall not apply to school specials or charter hiring. 

31.9. No Employee shall be called upon to work a broken shift on a Sunday. Employees may be 

called upon to work a broken shift on a Saturday or Public Holiday for the provision of 

services for sporting events. 

31.10. Employees covered under this Agreement are required to provide at least one hour's notice 

of non-attendance for work. 

31.11. Except for emergency spare shifts and special fixtures, the rostered work of all employees 

shall show the commencing, finishing and meal break times on all shifts. However, the 

approximate finishing times shall be shown in respect of special fixtures. 

32. Daily Maintenance of Rosters

32.1. All timetabled work is to be rostered: all known work associated with passenger timetables, 

including the driving portions of exclusive shifts, is to be rostered. Where practical, shifts 

and or voluntary overtime will be rostered in order of precedence to full-time, part-time 

and casuals. 

33. Union, Institute and Yard Supervisor Shifts

33.1 Union (one shift per depot) and Institute Secretary Shifts (one shift per depot) will be 

provided. 

The Union or Institute Duty time is prescribed in Schedule 2. 

Where an employee rostered a Union, Institute or Yard Supervisor shift is absent shift 

coverage will occur as follows: 

i. bus driving portion of the shift is to be covered.

ii. Where it is known in advance the union/institute shift will be vacant, the total

shift is to be covered. Where it is not known in advance, the union, institute,

22 








and part shed (non-parking) portions on the first day may not be covered with 

subsequent days to be covered. 

33.1.1. Yard Supervisors: all full shifts are to be covered. 

34. Roster Committees

34.1. These roster committees are to be utilised by Operations Managers during timetable 

reviews. 

34.2. A timetable review will, for the purpose of this clause, be defined as one where there is 

more than a 12.5% change in total timetabled service trips at a depot over a seven-day 

week. The definition of a timetable review excludes changes arising from rail and ferry 

operations, school vacation timetables and public holiday timetables. In the event that 

Transit Systems needs to adjust timetables due to changes arising from rail and ferry 

operations, school vacation timetables and public holiday timetables, consultation with the 

Unions will occur as soon as information is presented. 

34.3. Each Roster Committee is to be made up of a maximum of six elected representative Bus 

Operators from within the depot or as otherwise agreed at the location. 

34.4. Before week one Roster Committees are to gather information about bus routes that may 

have: 

34.4.1. insufficient operating time allocated. 

34.4.2. too much operating time allocated. 

34.4.3. too many or too few buses to meet the patronage demand; or 

34.4.4. gather other information that would assist in ensuring the commercial operation 

of the route and ascertain problems with individual shifts or where inter-modal 

connections are not being met. 

34.5. Following the process outlined in clause 34.4 above, local management and the Roster 

Committee will meet to discuss the information gathered and take further action if 

necessary. 

34.6. Individual roster committee members are to be relieved from their normal duties during 

timetable reviews to assist management. 

23 






  



35. Roster Changes

35.1. In order to meet changing customer, operational and commercial requirements, it is 

necessary from time to time to alter rosters to cater for the changed circumstances. 

35.2. Subject to clause 86, Income Protection, it is accepted by the Parties that, in constructing a 

roster, the cost of that roster is not to be artificially inflated and the roster shall be 

constructed to achieve the most economical and effective rostering within the Agreement 

prescriptions and Transport for NSW requirements and any relevant Act or Regulation. 

35.3. Where a roster has been changed in accordance with the preceding subclause and the 

changes impact upon the start and finish times of less than 12.5% of the roster, the 

Employees affected are to be notified of the change, as soon as practicable, in the form of 

a notice to be displayed on the notice board. 

35.4. In the event of the changes impacting upon the start and finish times being more than 12.5% 

of the roster, (excluding school vacation rosters) the following procedures are to apply: 

(i) in week 1 - new duty and period roster is posted. During this week, individual roster

committee members will be released for one shift to assist management in addressing

roster concerns.

(ii) in week 2 - Scheduler is to modify roster on the basis of concerns raised, providing

such alterations do not impact on the overall operational efficiency and costs of the

rosters; and

(iii) in week 3 - rosters reposted and to commence in two weeks (i.e., Week 5 from the

date the new duty and period roster were posted).

35.5. Rosters will be worked where they comply with this Agreement and Transport for NSW 

requirements and any relevant Act or Regulation and where the above consultative 

implementation process has been complied with. 

36. Training Rosters

36.1. Training Roster means an introductory roster designed for new Bus Operators which 

includes a variety of shifts arranged in a regular pattern designed to introduce new Bus 

Operators to shift work and particular routes while minimising the variance in daily hours 

of work. 

36.2. In constructing Training Rosters, priority will be given to providing a selection of shifts 

which, as far as practicable: 

24 








36.2.1. represent a reasonable sample of the shifts and routes, which the new Bus 

Operator will be required to work following completion of their initial training and 

familiarisation period and subsequent placement on the shift type relief roster and, 

upon application, to depot rosters. 

36.3. Upon the completion of initial training, Trainee Bus Operators will be placed on a Training 

Roster. 

36.4. The guiding principle in the construction of Training Rosters will be to provide Trainee Bus 

Operators a sufficient period of time in which to attain a satisfactory level of competence, 

prior to placement on a line of work outside the Training Roster. Trainee Bus Operators will 

remain on a Training Roster until deemed competent by Depot Management in consultation 

with relevant Trainers. 

37. New Year's Eve Rostering Arrangements

37.1. Due to New Year's Eve celebrations, Transit Systems increases the number of staff required 

to work through the night and early hours of New Year's Day. The Parties agree to work 

shifts up to twelve hours on a volunteer basis. All shifts that sign on, on New Year's Eve and 

sign off after 2.30 am on New Year's Day will have paid meal breaks (cribs). All shifts that 

commence duty on New Year's Eve and work into New Year's Day will be paid at double 

time for the New Year's Day portion of the shift unless the Government of the time enters 

into a separate agreement for New Year's Eve. 

37.2. Employees covered under this Agreement shall be entitled to a Concessional Day in 

substitution of the Bank Holiday, to be observed on New Year's Eve, provided that: 

(i) where New Year's Eve falls on a Sunday, the Concessional Day shall be moved to the

Friday immediately preceding New Year's Eve; and

(ii) an Employee required to work on the Concessional Day shall be paid a maximum of

double time for ordinary hours worked and shall not accrue a day off in lieu of the

Concessional day worked or be entitled to an additional payment of 7.6 hours ordinary

pay.

38. Cancellation of Rostered Day Off

38.1. The Employer may require an Employee to work reasonable overtime at overtime rates. 

38.2. Wherever practicable, at least twelve hours' notice of cancellation of a rostered day off 

shall be offered but, in order to meet unexpected emergencies or unforeseen 

circumstances, the Employer.may call upon Employees to work without such notice. 

25 








38.3. Provided that 48 hours' notice is given by the Employer of the cancellation of a rostered 

day off, another day off may be given in the same working week. Should an Employee not 

receive 48 hours' notice of the restoration of the day off cancelled, they shall be paid at 

the rate prescribed in clause 74. 

38.4. When an Employee works on their rostered day off and is not given another day off in lieu 

thereof in the same week, time worked shall stand alone and be paid for at the rate of 

double time if a Saturday or at the rate of time and a half for the first three hours and 

double time thereafter if any other day Monday to Friday. 

38.5. An Employee who works on their rostered day off but is absent upon any other day in the 

same week without leave or without a reason for such absence accepted by the Employer 

as reasonable shall forfeit all penalty rates prescribed in this clause for working on a 

rostered day off. 

38.6. Where at least five days' notice is given of an alteration to rostered duty by which a 

rostered day off is changed the penalty prescribed in clause 38.4 will not apply. 

SECTION 7 - LEAVE AND PUBLIC HOLIDAYS 

39. Public Holidays

39.1. Employees on a Six-Day Rosters will be entitled to: 

39.1.1. The days on which New Year's Day, Australia Day, Good Friday, Easter Saturday, 

Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, and 

Boxing Day are proclaimed, shall be recognised as Public Holidays, in addition to: 

39.1.1.1. special days appointed by proclamation as Public Holidays to apply 

throughout the whole State; and 

39.1.1.2. where applicable, special days appointed by proclamation as Public 

Holidays but limited to a specific geographical region of the State. 

39.1.2. Employees on a Six-Day roster who work on a Public Holiday 

39.1.2.1. An employee required to work on a Public Holiday which falls on Monday to 
Friday shift shall be paid at time and one half for all time worked on the 

Public Holiday up to 8hrs and lSmin then double time. All time worked on 

26 






  



a Public Holiday which falls on a Saturday shall be paid at the rate of 

double time. 

39.1.2.2. In addition to the penalty rate prescribed in clause 39.1.2.1 above, an 

employee who works on a Public Holiday will also be entitled to a 

payment equivalent to the ordinary hours, which the employee 

actually works on the Public Holiday, up to a maximum of 7.6 hours 

(the "Additional Payment"). Employees who work less than 7.6 hours 

per day will be entitled to the Additional Payment on a pro-rata basis. 

39.1.2.3. A full-time employee who ordinarily works on a day on which a Public 

Holiday is proclaimed, but is rostered off, will be entitled to the 

Additional Payment based on the ordinary hours, which the Employee 

would have worked, but for the rostered day off, up to a maximum of 

7.6 hours. When a Public Holiday falls on a Saturday, only those who 

are rostered off will qualify for payment if they have worked at least 

ten (10) Saturdays in the preceding twelve months. 

39.1.2.4. To avoid doubt, the Additional Payment referred to in clause 39.1.2.2 

above, will be paid out when the Public Holiday falls. 

40. Personal Leave

40.1. This clause does not apply to Casual Employees. 

40.2. For the purposes of this Agreement, Sick and Carer's leave comes under the same leave 

entitlement as personal leave: 

40.2.1. Sick leave 

Paid leave taken because of a personal illness, or injury; or 

40.2.2. Carers leave 

Paid or unpaid leave taken to provide care or support to a member of the 

Employee's immediate family, or a member of the Employee's household, who 

requires care or support because of: 

i. A personal illness, or injury, of the member; or

ii. An unexpected emergency affecting the member.

The entitlement to use accrued paid personal leave for carer's leave purposes 

is subject to the Employee providing care or support to the person concerned. 
27 






  



40.3. Entitlement 

40.3.1. Non-Transferred Employees are entitled to 10 days pro-rata of paid personal leave 

for each year of service. Personal leave will accrue progressively based on an 

Employee's ordinary hours of work. 

40.3.2. Transferred Employees will accrue the following amount of paid leave for absence 

due to personal illness or injury: 

40.4. Notice 

40.3.2.1. during an Employee's first seven years of service - 10 working days per 

year; and 

40.3.2.2. during an Employee's further years of service - 15 working days per 

year. 

To be entitled to personal leave during a period, the Employee must give the Company 

notice in accordance with this clause that the Employee is (or will be) absent from work 

during the period because: 

40.4.1. Of a personal illness or injury; or 

40.4.2. The Employee is required to provide care or support to a member of the 

Employee's immediate family, or a member of the Employee's household, who 

requires (or required) care or support because of personal illness, injury, or an 

unexpected emergency. 

The Employee shall, unless it is not reasonably practicable so to do (proof whereof shall be 

on the Employee), make every effort to notify the Company of their absence one hours 

before their normal starting time on the first day of the absence, but in any circumstances 

within 24 hours of their normal starting time. 

The Employee shall notify the Company by 3.00 pm on the day prior to their return to duty 

of their availability to return to normal duties. 

40.5. Documentary evidence 

40.5.1. To be entitled to payment for personal leave, the Employee must provide the 

Company with a medical certificate from a registered health practitioner or other 

satisfactory evidence. 

28 






  



40.5.2. The required documentation must be given to the Company as soon as reasonably 

practicable. 

40.5.3. The documentary evidence requirements of this clause apply to all personal leave 

absences of two days or more duration and to all single-day personal leave 

absences where personal leave has already been paid for two or more single-day 

absences in the same year. 

40.5.4. Employees shall not be entitled to paid leave of absence for any period in respect 

of which they are entitled to workers' compensation. 

40.5.5. Where an absence is expected to continue beyond one month, the Employee 

must contact their supervisor or management to notify them of the intended 

length of the absence and the approximate date upon which the Employee will be 

able to return to work. 

40.5.6. Employees agree to act in good faith and to cooperate with the Company in the 

management of sick leave and absenteeism. 

40.5.7. Employees are also entitled to a period of up to 2 days of unpaid carer's leave if 

they have exhausted their paid personal leave entitlement. Unpaid carer's leave 

also applies to Casual Employees. 

41. Compassionate Leave

41.1. This clause does not apply to Casual Employees. 

41.2. Period of compassionate leave 

Subject to this clause an Employee is entitled to a period of 2 days of compassionate leave 

(also known as bereavement) for each occasion (a "permissible occasion") when a member 

of the Employee's immediate family or a member of the Employee's household: 

i. Contracts or develops a personal illness that poses a serious threat to his or her

life; or

ii. Sustains a personal injury that poses a serious threat to his or her life; or

iii. Dies.

However, the Employee may be required to provide the Company with evidence that the 

Company reasonably requires to confirm the illness, injury, or death. 

29 








41.3. If the Employee takes compassionate leave, the Company will pay the Employee for the 

length of the rostered work that the Employee would have worked during that period if 

they weren't on leave and paid at the base rate. To avoid doubt, Casual Employees are not 

entitled to payment pursuant to this clause. 

42. Annual Leave

42.1. This clause does not apply to Casual Employees. 

42.2. Annual leave shall be taken at a mutually agreeable time that best meets the needs of the 

business; and the Company may direct at its discretion, an Employee to take up to 10 days 

annual leave at any time when the Employee has annual leave to their credit of more than 

40 days. 

42.3. Employees may be required to take annual leave to their credit during the Christmas / New 

Year period and/or during the Easter period and/or during any school holiday period. 

During a period of annual leave, an employee will receive a loading calculated on the 

minimum hourly rate set out in Schedule 1. The annual leave loading for a non-transferred 

employee shall be 25% and loading can be cashed out at the request of the Employee at any 

time. Once the leave loading is cashed out, the associated leave taken will no longer receive 

the loading. For a Transferred employee the annual leave loading shall be 20% and there is 

no option to cash out annual leave loading. 

42.4. To avoid any doubt, the entitlement to annual leave loading is provided to compensate 

employees for the loss of opportunity to work overtime. 

42.5. Entitlement 

42.5.1. Non-Transferred Employees 

42.5.1.1. Annual leave shall accrue on the basis of 20 days pro-rata annual leave for 

each completed year of service. Annual leave accrues progressively during 

a year of service according to the Employee's ordinary hours of work and 

accumulates from year to year. 

42.5.1.2. Alternatively, an Employee may request to take 25 days of annual leave per 

annum at the base rate without the 25% loading. 

42.5.2. Transferred Employees 

42.5.2.1. Annual leave shall accrue on the basis of 5 weeks pro-rata annual leave for 

each completed year of service. Annual leave accrues progressively during 

30 








a year of service according to the Employee's ordinary hours of work and 

accumulates from year to year. 

42.6. Purchased Leave for Personal or Family Needs 

42.6.1. The personal and family leave scheme is voluntary and available to all permanent 

Employees covered by this Agreement who have been continuously employed for 

a period of twelve months and who wish to extend their leave options for personal 

reasons or family responsibilities. 

42.6.2. The additional four weeks of personal and family leave provided under this 

scheme will not attract leave loading. 

42.6.3. All leave entitlements that accrue during an employee's participation in this 

scheme are unpaid. Employees wishing to participate in this scheme must submit 

an application to their manager. The application must stipulate the dates the leave 

is required. 

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

scheme. 

42.6.5. Employees who wish to participate in this scheme will have monies deducted each 

fortnight and weekly over the proceeding twelve-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. 

42.6.6. Sick Leave and Long Service Leave will continue to accrue at the usual rate during 

the term of the employee's participation in the personal and family leave scheme. 

42.6.7. Each depot will make available leave for personal, and family needs equal to 33 

days per four weekly roster period, spread evenly over the month for each 100 

employees covered under this Agreement. 

42.6.8. The minimum amount of personal or family leave that can be taken in any one 

period will be one week and the maximum will be four weeks in a twelve-month 

period. 

42.6.9. The definition of a week is Monday to Friday. 

42.6.10. Employees should seek independent financial advice regarding their 

superannuation options prior to entering into the personal and family leave 

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arrangement. 

43. Long Service Leave

43.1. Non-Transferred Employees are entitled to long service leave in accordance with the 

provisions of the Long Service Leave Act 1955 (NSW). 

43.2. Consistent with that legislation, Non-Transferred Employees are entitled to receive two 

months long service leave in respect of 10 years' service so completed. 

43.3. Transferred Employees will continue to accrue Long Service Leave benefits under section 

68Q of the Transport Administration Act 1988 together with Schedule 1 of the Government 

Sector Employment Regulation 2014 ("Ex -STA LSL legacy Employees") 

43.4. It is agreed that all Employees covered by this Agreement can access and take Long Service 

Leave at a minimum period of one day instead of a seven-day minimum period (i.e., 

employees may take one day at a time) 

43.5. Each depot will make available Long Service Leave which equates to 33 days per four weekly 

roster cycle, for every 100 employees covered under this Agreement 

43.6. The calculation of the days will be on a Monday to Friday basis. 

44. Parental Leave

Employees are entitled to parental leave in accordance with the NES.

44.1. An employee, including a casual employee who has had at least twelve months of 

continuous service, is entitled to parental leave in accordance with this clause. Continuous 

service for a casual means work on an unbroken, systematic, and regular basis. 

44.2. An employee who is not eligible for maternity leave or adoption leave may, in special 

circumstances, be granted parental leave to care for a child who is under two years of age 

at the time the leave commences. 

44.3. An employee who has completed 40 weeks of continuous service prior to making the 

application, and who has provided satisfactory evidence of being the primary carer for the 

child, is eligible for parental leave. 

44.4. Parental leave is available to only one parent at a time, except that both parents may 

simultaneously access the leave in the following circumstances: 

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44.4.l. for maternity and other parent leave, an unbroken period of eight weeks at the 

time of the birth of the child. 

44.4.2. for adoption leave, an unbroken period of eight weeks at the time of the 

placement of the child. 

44.5. Parental Leave is for a period of not more than 52 weeks from the date the leave 

commenced. 

44.6. Parental Leave is unpaid leave and can consist of solely parental leave (unpaid), or a 

combination of parental, annual and/or long service leave if the employee has accrued 

such leave. 

44.7. An employee taking parental leave must exhaust all accrued annual leave entitlements as 

part of parental leave. 

44.8. An employee must not unreasonably withhold notice of intention to apply for parental 

leave. 

44.9. An employee is entitled to return from parental leave to the position held immediately 

prior to going on parental leave if that position still exists. If the employee's position has 

ceased to exist during the period of parental leave, and 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 that is as close as possible comparable, in status and pay, to that 

of the employee's former position. 

44.10. Out-of-Home Leave 

44.10.1 

44.10.2. 

44.10.3. 

44.10.4. 

44.10.5. 

Employees are entitled to Out of Home Care Leave when they are the 

primary carer undertaking the permanent care of a child. 

Eligibility for a period of Out of Home Care Leave to carers is to be limited 

to the provision of a guardianship or permanent placement order for a child 

or young person. 

Out of Home Care leave will be granted without pay for a period of up to 12 

months to Employees who are the primary carer undertaking permanent 

caring arrangements. 

Out of Home Care leave commences at the date of placement of the child. 

Employees who are granted out-of-home care leave also have a right to 

request extended Parental Leave and Return to Work on a part-time basis. 

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45. Family & Domestic Violence Leave

45.1. Employees covered by this agreement will be entitled to Family and Domestic Violence 

Leave as per Kelsian's Family and Domestic Violence Leave Policy. 

45.2. An employee who is a victim of domestic violence may access annual leave to attend 

medical appointments, legal proceedings, seek safe housing or attend any other activities 

related to dealing with family and domestic violence and its consequences. Where 

necessary, the Company will modify work patterns including flexible working 

arrangements, to assist in meeting these commitments. Full and parttime employees can 

take paid family and domestic leave at their full pay rate for the hours they would have 

worked in they weren't on leave. Casual employees will be paid at their full pay rate for 

the hours they were rostered to work in the period they took leave. 

46. Jury Service Leave

46.1. This clause does not apply to Casual Employees. 

46.2. While on jury duty service full time Employees will receive the base rate of pay for the 

ordinary hours of work in the period for each day of jury service up to 10 days, less any 

amount the employee has received as Jury Service Pay as defined by the Fair Work Act. 

Part-time Employees will receive pro-rata payments based on average hours worked. 

46.3. Employees must claim any monies or reimbursement including out-of-pocket expenses, for 

attendance at jury service from the relevant government departments or agencies. 

46.4. Employees must notify the Employer as soon as possible of the date upon which they are 

required to attend jury service. 

46.5. Employees must give the Employer proof of attendance, the duration of such attendance 

and the amount received with respect to the jury service. 

47. Paid Maternity Leave

47.1. A female permanent employee is entitled to paid maternity leave in accordance with this 

clause. 

47.2. An employee who has, or will have, completed 40 weeks of continuous service before the 

expected date of birth, is entitled to paid maternity leave. 

34 

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47.3. Maternity leave is a period of not more than four weeks prior to the expected date of birth 

and not more than 52 weeks after the actual date of birth. 

47.4. An employee is entitled to a maximum of fourteen (14) weeks of paid maternity leave at 

the base rate. The paid leave can be taken: 

47.4.1. in a lump sum payment at the commencement of maternity leave or; 

47.4.2. as full pay on a fortnightly basis while on maternity leave or; 

47.4.3. as half pay on a fortnightly basis while on maternity leave or; 

47.4.4. in any combination of the above options. 

47.5. Separate from paid maternity leave, an employee may be paid accrued Annual and/or Long 

Service Leave as part of the maternity leave period. The accrued annual leave and long 

service leave can be taken: 

47.5.1. as full pay on a fortnightly basis while on maternity leave or; 

47.5.2. as half pay on a fortnightly basis while on maternity leave or; 

47.5.3. in any combination of the above options 

47.6. An employee who takes maternity leave must take any accrued annual leave entitlements 

in excess of 40 days as part of maternity leave. 

47.7. Once all entitlements to pay have been exhausted, the balance of maternity leave will be 

unpaid. 

47.8. An employee must not unreasonably withhold notice of her intention to apply for 

maternity leave. 

47.9. An employee is entitled to return from maternity leave to the position held immediately 

prior to going on maternity leave if that position still exists. If the employee's position has 

ceased to exist during the period of maternity leave, and 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 that is as closely comparable as possible, in status and pay, to 

that of the employee's former position. 

47.10. An employee, with the agreement of the employer, shall be granted an extension to 

maternity leave beyond 52 weeks from the date of birth. 

35 








47.11. An employee who gives birth prematurely is treated, where applicable, as being on 

maternity leave from the date they commence leave to give birth to the child, and any 

leave arrangements will need to be varied. 

47.12. If an employee miscarries, sick leave provisions cover any absence from work. When an 

employee has exhausted sick leave credits, other forms of paid and unpaid leave can be 

taken. 

47.13. If the birth is a stillbirth or the child dies prior to the completion of the paid maternity 

leave, the employee continues to be eligible for the balance of their paid maternity leave. 

47.14. When an employee becomes pregnant while on parental leave, they are entitled to a 

further period of parental leave. Any remaining parental leave from the former birth lapses 

as soon as the new period of parental leave begins. 

47.15. If an employee requests part-time work on return from maternity leave, State Transit will, 

where this is practical, provide part-time employment for the employee. 

47.16. If an employee requests a job share arrangement on return from maternity leave, Transit 

Systems will, where practical, provide a job share arrangement for the employee. 

48. Adoption Leave

48.1. Permanent employees are entitled to paid adoption leave in accordance with this clause. 

48.2. An employee who has, or will have, completed 40 weeks of continuous service before the 

expected date of birth, is entitled to paid adoption leave. Adoption Leave is a period of not 

more than 52 weeks after the actual date that the employee takes custody of the child. 

Employees will be entitled to a maximum of fourteen weeks of paid adoption leave at the 

base rate. The paid leave can be taken: 

48.2.1. in a lump sum payment at the commencement of adoption leave or; 

48.2.2. as full pay on a fortnightly basis whilst on adoption leave or; 

48.2.3. as any combination of the above options. 

48.3. Separate from paid adoption leave, an employee may be paid accrued annual and/or long 

service leave as part of the adoption leave period. The accrued annual leave and long 

service leave can be taken: 

48.3.1. as full pay on a fortnightly basis whilst on adoption leave or; 

48.3.2. as half pay on a fortnightly basis whilst on adoption leave or; 

36 








48.3.3. as any combination of the above options. 

48.4. Employees taking adoption leave must clear any accrued annual leave entitlements in 

excess of 40 days as part of their adoption leave. 

48.5. Once all entitlements to pay have been exhausted the balance of adoption leave will be 

unpaid. 

48.6. Employees will not unreasonably withhold notice of their intention to apply for adoption 

leave. 

48.7. Employees will return from adoption leave to the position they held immediately prior to 

going to adoption leave if that position still exists. If the employee's position has ceased to 

exist and 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 that is as 

closely nearly as possible comparable, in status and pay, to that of the employee's former 

position. 

48.8. An employee, with the agreement of the employer, shall be granted an extension to 

adoption leave beyond 52 weeks from the time the employee takes custody of the child. 

48.9. If an employee requests part-time work on return from adoption leave, Transit Systems 

will, where this is practical, provide part-time employment for the employee. 

48.10. If an employee requests a job share arrangement on return from adoption leave, Transit 

Systems will, where this is practical, provide a job share arrangement for the employee. 

49. Career Break

49.1. A permanent employee who has been continuously employed for a minimum period of 

five years may make an 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. 

49.2. The terms and conditions under which an employee may take a career break are as follows: 

49.2.1. The minimum period for a career break is six months. The maximum period for a 

career break is 12 months. 

49.2.2. An employee must provide three months' notice of a request to take a career 

break. 

37 








49.2.3. An employee who takes a career break must utilise any accrued annual leave as 

part of this break. 

49.2.4. Any unpaid period of the career break will be regarded as leave without pay for 

the purpose of leave accrual and superannuation. 

49.2.5. 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. 

49.2.6. 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. 

49.2.7. Applications for career breaks will be approved at Transit Systems discretion. 

SECTION 8- OCCUPATIONAL HEALTH & SAFETY AND TRAINING 

SO. Workplace Health and Safety Training 

Transit Systems will determine the standards and requirements of training for employees, in 

consultation with the Unions. Every employee will have the opportunity to attend a minimum of 

two hours of paid awareness WHS training each calendar year. 

51. Alcohol and Other Drugs

The Parties recognise the legislative obligations of Transit Systems to ensure the workplace is free

from drugs and alcohol, and all employees are to comply with the provisions of the legislation

relating to random drug and alcohol testing and the internal programs that are in place, as outlined

in Transit System's Drug and Alcohol related policy and procedures.

52. Certificate Ill in Driving Operations (Bus)

52.1. Transit Systems is committed to offering Certificate Ill in Driving Operations (Bus) 

("Certificate Ill") to new Bus Operators whose hours of work meet the criteria as set by 

Training Services NSW. However, in the event that State and/or Commonwealth 

Government funding for the traineeship is withdrawn or reduced, consideration will be 

given to reviewing Transit System's commitment to the program. 

52.2. Certificate Ill will be made available to interested existing Bus Operators on a voluntary 

basis. 

38 






  



52.3. There will be no deduction in pay or grade for any employee who either does not wish to 

undertake Certificate Ill or does not meet the competencies required to attain Certificate 

111. 

52.4. Employees will be required to collect evidence for recognition of prior learning and attend 

Recognition of Prior Learning information sessions in their own time. 

52.5. Transit Systems will provide the training required to complete the remaining units of 

competency for Certificate Ill. The applicant will be paid to attend training as per this 

Agreement. Should an employee be unsuccessful at the first attempt, a second attempt 

will not be possible until after other volunteers have had the opportunity. 

52.6. Transit Systems will provide training to trainees with an experienced Bus Driver ("Mentor") 

who will be paid at the mentor allowance rate as per schedule 1. This allowance will not 

be indexed. 

53. Fatigue Management

53.1. Fatigue management principles apply to all employees covered by this Agreement. 

53.2. No employee will be permitted to work more than 12 hours in any 24-hour period. 

53.3. An employee must have a total of 12 hours of rest in every 24-hour period, of which 10 

hours must be consecutive between shifts. 

53.4. No employee will work more than 24 days in a 28-day period. 

53.5. No employee will work more than 12 days straight. 

53.6. A 24-hour period commences from the time of the first sign-on. 

53.7. No employee will work or be required to work more than five hours and fifteen minutes 

straight without a break. 

54. Amenities

54.1. The following amenities shall be available at all depots where Employees are employed 

under the provisions of this agreement: 

54.1.1. A change room or area for Employees to change their clothes. 

54.1.2. A suitable lockable locker for each Employee. 

39 

. 








54.1.3. Hot and cold water for washing purposes. 

54.1.4. Where Employees are required to have their meals at the depot, a dining room or 

area with adequate seating and table accommodation and facilities for boiling 

water and heating food, cooling food, and safely storing food. 

54.1.5. Lavatory facilities. 

54.1.6. Appropriate arrangements for rosters to be posted and for Employees to sign on 

and off. 

55. Training- New Employees

55.1. The Employer requires that prospective drivers successfully complete the Transit NSW 

driver-training course before being offered employment as a driver. 

55.2. During this driver-training course, the prospective driver will be paid as a provisional 

Employee for a term corresponding with the length of the driver-training course. The 

duration of the driver-training course will usually be up to 10 days, but this may be reduced 

or increased, at the discretion of the Employer, depending on the skills of the prospective 

driver. 

55.3. The driver-training course will include classroom training, on-road training with an empty 

bus, and "buddy" driving in traffic with an experienced Transit NSW Employee. 

55.4. Whilst participating in the driver-training course as a provisional Employee, participants 

will be paid a sum equal to the rate of pay in Schedule 1 or the minimum rate as per the 

Passenger Vehicle Award 2020 whichever is the greater. 

56. Training- Inductions

56.1. The Employer shall allow an authorised workplace delegate of the Union or an officer of or 

person otherwise authorised by the Union to provide: 

56.1.1. Any new Employee with a presentation of at least 30 minutes duration as part of 

the formal induction program to be provided by the Employer to that Employee 

under the Staff Development and Training Standard, and the Employer 

acknowledges that any such presentations by the Union may include the following 

topics: 

■ Employee rights under relevant awards/agreements;
■ Explanation of specific provisions (including rosters, short pay, and meal

40 








breaks); 
■ The requirements of national driving regulations, in particular, driver fatigue

management and medical assessment issues; and
■ The organisation, structure and role of the Union and the role of the Union

delegates may include an offer of membership of the Union to the Employee

consistent with freedom of association requirements.

56.1.2. For the purposes of clause 56.1.1, a new Employee excludes Employees, who have 

transferred employment to the Employer by operation of section 311, Fair Work 

Act, 2009. 

56.2. The Employer shall: 

56.2.1. Provide a suitable venue for any formal induction program for Employees under 

the Staff Development and Training Standard and for any presentation by the 

Union under this clause. 

56.2.2. Provide the Union at least five (5) business days written notice of any formal 

induction program to be provided by the Employer to any Employee under the 

Staff Development and Training Standard, along with information on the timeslot 

available for the presentation by the Union under subparagraph (ii) of paragraph 

(a) of this subclause and the number of Employees attending; and

56.2.3. Consult with the Union to establish a timetable for presentations made pursuant 

to this clause. 

56.2.4. Facilitate the induction process outlined in clauses 56.2.1 to 56.2.3 and shall not 

discourage Employees from attending inductions. 

56.3. For the avoidance of doubt, the Union induction is to be an educational session on 

workplace rights, the enterprise agreement, and the union itself, in accordance with Clause 

56.1.1 and is not to highlight any outstanding issues that the Union or its members may 

have with the Company. A Company trainer is permitted to remain in attendance during 

the Union presentation. 

57. Training and Release of Consultative Committee/Union Delegates

57.1. A member of the Consultative Committee or Union delegate shall be entitled to up to 12 

days leave with pay each calendar year, non-cumulative, to attend courses and formal 

union meetings that are designed to promote good industrial relations and efficiency 

within the industry. 

41 








57.2. Attendance at such a course will require a written application from the Consultative 

Committee or the Union nominating the attendees, the specific course and the nature, 

content type of training and duration of the course. 

57.3. The Consultative Committee or the Union must make an application providing the 

following notice period: 

57.3.1. As soon as practicable but, in any event, no less than four (4) weeks for leave of 

more than one (1) consecutive day; 

57.3.2. As soon as practicable but, in any event, no less than five (5) business days for 

any other leave; 

57.3.3. Any request for leave without the required notice will be considered on its 

merits. 

57.4. The granting of Training Leave will be subject to the Employer being able to make adequate 

staffing arrangements amongst current Employees during the period of such leave. 

57.5. The granting of Training Leave must not be unreasonably withheld. 

57.6. Leave of absence granted under this Clause will count as service for all purposes of this 

Agreement. 

57.7. Employees on Training Leave will receive their ordinary weekday full rate of pay for the 

length of the rostered work that the Employee would have worked if they weren't on leave. 

57.8. The Employee is responsible for expenses (travel, accommodation, and meals) associated 

with the attendance at a training course. 

57.9. The Employee will be required to provide written proof of attendance at the nominated 

course to qualify for payment. 

57.10. The Employer may require a summary of the training undertaken including workbooks and 

a written summary from the Employee outlining the contribution the training has made to 

good industrial relations and efficiency within the industry from each Employee 

participant. 

42 

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SECTION 9 - GENERAL 

58. Code of Conduct

An Employee on commencing employment with the Employer shall as part of the offer and 

acceptance of employment, be required to sign that they will adhere to the Transit Systems Driver 

Guidelines Handbook as amended from time to time and agree to perform to the best of their ability 

to the specifications contained therein, and to abide by the terms and conditions of employment as 

follows: 

58.1. Drive any Company vehicle in accordance with relevant Federal and State Road laws and 

in accordance with Transit NSW policies; 

58.2. Observe all other Transit NSW policies, shift details and work practices; 

58.3. Assist passengers in a safe, responsible, and caring way; 

58.4. Drive vehicles in the most economical and caring way; 

58.5. Wear in the prescribed manner the uniform provided, launder and press same and maintain 

a high standard of personal grooming and body hygiene; 

58.6. Take personal responsibility for tickets in an honest manner; 

58.7. Maintain personal appearance and cleanliness on the bus to the standards set by the 

TfNSW; 

58.8. Promptly report mechanical defects in the prescribed manner to ensure compliance 

with the Transit NSW maintenance system; 

58.9. Maintain accurate daily journals and carry out reasonable non-driving duties when required 

utilising the Employee's skills and experience; 

58.10. Report accidents and incidents promptly; 

58.11. Endorse and follow Transit NSW guidelines regarding the discipline of passengers on buses; 

43 






  



58.12. Monitor vandalism, report offenders, and assist in identifying offenders; 

58.13. Participate in training programs as required; 

58.14. Comply with the requirements of the Transit NSW Drug and Alcohol Policy; 

58.15. Maintain confidentiality in regard to Transit NSW policies and practices; 

58.16. Avoid speaking to the media on matters relating to Transit NSW or TfNSW without the prior 

permission of the Employer; 

58.17. Adhere to the Transit NSW Employee Weight Policy; 

58.18. Maintain a suitable current driver's licence, TfNSW Bus Driver Authority Accreditation and 

valid Working with Children Clearance and promptly report to the Employer any change of 

status, bar, suspension, or loss of any of these requirements. Failure to maintain a licence 

or bus driver authority will result in suspension from employment without pay and without 

accrual of entitlements to annual leave, sick leave, or long service leave during the period 

of suspension. This right to suspend does not in any way limit the Employer's right, in 

appropriate circumstances, to terminate an employee's employment or to treat the 

contract of employment as frustrated by reason of the Employee not having a current 

licence or bus driver authority; 

58.19. Declare any disability or previous injury, which may prevent adequately 

performing allocated tasks and 

58.20. Maintain medical fitness to the standard set by TfNSW. 

59. Disciplinary Procedure

The Managing Director, Area Manager or Operations Manager and/or nominee ("the Manager")

shall use the following procedures regarding discipline:

59.1. The Manager shall satisfy themselves with the identity of the Employee concerned. 

59.2. The Manager shall notify the Employee using the appropriate form or otherwise in writing 

that they are required to attend the Manager's office for a disciplinary hearing. If the 

matter relates to a customer complaint, a copy of the complaint (with the customer's 

details removed) will be provided. 

59.3. The Manager shall, on request, provide the Employee, with a copy of any relevant material 

from the Employee's personnel file prior to the disciplinary hearing. This material shall not 

include the contact details of a complainant. 

44 








59.4. The Manager shall inform the Employee that they may make arrangements to be 

accompanied and represented at the interview by a representative of their choosing; this 

can include a member of the Consultative Committee or the Union. 

59.5. The purpose of the disciplinary hearing may be to: 

59.5.1. Investigate alleged incidents and determine appropriate action where 

necessary; 

59.5.2. Review the performance or conduct of the particular Employee against desired 

performance; 

59.5.3. Identify performance or conduct concerns and, where applicable, their impact 

on fellow employees and the travelling public; 

59.5.4. Develop remedial actions; and/or 

59.5.5. Establish a course of action for the Employee including, where applicable, a 

review date. 

59.6. The Manager will terminate the disciplinary hearing by stating in the presence of the 

Employee and their representative the action to be taken, if any, or that they are reserving 

their decision and will inform the Employee of the decision within 24 hours. 

59.7. The disciplinary powers of the Manager are: 

59.7.1. Following a disciplinary hearing, the Manager may issue a verbal warning, a written 

warning, or a final warning, or may dismiss the Employee. 

59.7.2. The Employee may undergo counselling, training, and performance monitoring as 

appropriate to assist them to demonstrate that they have regained the 

appropriate level of performance and conduct. Where an Employee does not 

respond to counselling and/or training, other appropriate provisions of the 

disciplinary procedures may be applied. 

59.7.3. Where a warning has previously been issued, the Manager will issue a written or 

final warning or may dismiss the Employee. 

59.7.4. Where a final warning has previously been issued, the Manager may dismiss 

the Employee. 

59.8. A record of the disciplinary hearing will be prepared by the Manager and may include a 

45 








summary of the discussion, the course of action determined, review dates, warnings, final 

warnings, and penalties imposed, and a copy of this record will be provided to the 

Employee. The Employee will be invited to acknowledge the content of the record with the 

understanding that a failure to acknowledge will not prejudice the Manager placing the 

record on the Employee's file. 

59.9. Instant Dismissal. Nothing in this procedure shall affect the right of the Employer to 

terminate without notice Employees in circumstances where serious or wilful misconduct 

occurs, even where there have been no previous instances of disciplinary action. Instant 

dismissal on the grounds of serious or wilful misconduct must be taken by the Area/General 

Manager or his/her nominee and must be confirmed in writing. Before such a dismissal 

occurs, the Employee must be given an opportunity in the presence of their chosen 

relevant representative to hear any allegations and provide an explanation as to his or her 

behaviour. 

59.10. No disciplinary hearing record of an Employee will be shown to another Employee {except 

where required in the course of duty) or Union official without the approval of the 

Employee. A copy of the record will be retained by the Manager for two years after which 

it will not be used for escalating disciplinary matters. 

59.11. Where an Employee appeals, any penalty imposed shall be set aside until the appeal is 

determined, provided that this clause shall not apply in the case where the Employee has 

been instantly dismissed. 

59.12. Suspension from Duties 

At the employer's discretion, there shall be a once-only opportunity for the employee to 

be suspended from duties for a period of up to ten working days without pay as an 

alternative to termination as described in this Clause. Nothing in this procedure will affect 

the right of the employer to dismiss an employee without notice if the employee is guilty 

of serious misconduct. 

59.13. Grievance Procedure 

59.13.1. An employee who believes that they have been treated unjustly in respect to the 

outcome of a disciplinary hearing may appeal in writing to the Area Manager 

{and/or their nominee) within 5 days from the date of the decision of the Manager. 

59.13.2. The Area Manager will acknowledge receipt of the appeal within 5 days. 

59.13.3. The Area Manager will call a hearing within 14 days of acknowledging the receipt 

of the appeal, at which all evidence and processes will be reviewed. 

59.13.4. The Area Manager will inform the Employee that they may make arrangements to 

46 






  



be accompanied and represented at the interview by a representative of their 

choosing, this can include a member of the Consultative Committee or the Union. 

59.13.5. The Employee will be given the opportunity to review the evidence provided by 

the Manager, and to make further submissions. 

59.13.6. The Area Manager may confirm, quash, or vary the disciplinary action within the 

terms of clause 58. 

59.13.7. If an Employee believes the Area Manager's decision does not resolve their 

grievance to their satisfaction, the Employee may request that the matter be 

referred to the General Manager for a final decision. 

59.14. Other dismissals

Nothing in this procedure shall affect the right of the Employer to terminate the services 

of Employees for other reasons (e.g., redundancy) subject to the meeting of legislative 

conditions. 

60. Deduction of Pay

60.1. The Employer may deduct payment for time lost during which the Employee cannot be 

usefully employed by reason of any industrial action or other cause for which the Employer 

cannot be held responsible. 

60.2. The Employer may not deduct pay if the Employer fails to notify an Employee of a change 

in shift times and the Employee reports for duty and is not required. The Employee shall 

complete the hours as rostered. 

61. Operating Locations

61.1. Employees covered by this EA will be required to operate from premises established by the 

Company. In assigning Employees to an operating location, the Company shall use its best 

endeavours to make this convenient to an Employee's normal place of residence. 

61.2. The parties acknowledge that from time-to-time variations in operating locations may 

occur, either on a permanent or temporary basis. In such circumstances, the Company 

agrees to provide maximum notice of such changes as is possible. The Employer may 

require Employees to change their location of employment but will do so on the basis of 

first seeking volunteers before implementing changes. 

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62. Fines and Reimbursements

62.1. An Employee shall take all reasonable precautions to ensure the care of vehicles, 

equipment, tools, and money entrusted to them in the course of their employment. 

62.2. In the event that an Employee incurs fines for traffic violations the Employer may obtain 

full recompense for such amounts from the Employee. The procedure for recovery by the 

Company will be decided after discussions with the Employee and their representative. 

These discussions should take into account the Employee's financial circumstances. 

62.3. An Employee shall not be responsible for damage or loss to the Employer's equipment 

where that equipment has been secured on the Employer's premises. 

63. Licence and Bus Driver Authority

Employees acknowledge and agree to keep any licences, bus driver authority and working with

children checks necessary for them to conduct their duties current at all times and have them

available for checking by the Employer on request. Employees without a current licence and/or bus

driver authority will be stood down without pay until the licence/bus driver authority is renewed.

It is the responsibility of the Employee that renewal of their licence and bus driver authority is done

in accordance with the TfNSW Regulations.

64. Union Delegates/Consultative Committee Representative

64.1. An Employee appointed as a Union delegate or Consultative Committee Representative, 

will be recognised as the representative of the union and/or the Employees. 

64.2. Should the Consultative Committee Representative or Union delegate identify an issue, 

they should follow the Dispute Resolution Clause as detailed in Clause 78 in the Agreement. 

64.3. In addition to other clauses in this Agreement, the Company shall ensure the delegate has 

the right to carry out the functions of a Union delegate. 

65. Notice Board

The Employer shall supply a notice board of reasonable dimensions in a prominent position for each

of the Union and Consultative Committee representatives. Notices posted must be signed by the

author.

The Employer reserves the right to take down offensive or inappropriate material.

48 

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66. Consultative Committee

A Consultative Committee will operate at each depot and shall be made up of management

representatives from the Company and at least two Employee representatives. Consultative

Committee representatives will serve a term of two years. A Union representative shall be invited

to attend and participate in Consultative Committee meetings. The Committee shall meet at least

quarterly at a set date and time, or more frequently should the parties agree and shall discuss issues

that include but are not limited to the following:

i. Measures to improve efficiency and productivity

ii. The rostering of work and timetabling of trips

iii. The application of this Agreement

iv. Industrial concerns and grievances

67. Abandonment of Service

67.1. Where an employee, within the period of 28 days from the last day of attendance, fails to 

establish to the satisfaction of Transit Systems, that their absence was due to a reasonable 

cause, he/she will be deemed to have abandoned his/her employment. 

67 .2. Prior to employment is deemed to be abandoned, the following procedures will be applied 

by Transit Systems: 

67.2.1. the Employer will forward a letter (the First Letter) to the last known home address 

of the Employee requesting the Employee to contact the Employer within seven 

days of the date of service of the First Letter, and provide a satisfactory explanation 

for their absence; 

67.2.2. where an Employee contacts the Employer and claims their absence is due to 

illness or injury, the Employer will allow a period of seven days from the date of 

service of the First Letter for the Employee to supply a medical certificate/s 

supporting the whole of the absence; 

67.2.3. where the Employee fails to acknowledge the First Letter, or no satisfactory 

explanation or supporting medical certificate/s supporting the whole of the 

absence is provided by the Employee to the Employer, a second letter (the Second 

Letter) will be sent to the Employee advising the Employee to contact the Employer 

within seven days of service of the Second Letter. 

67.3. The Second Letter shall include advice to the Employee that their employment will be 

deemed to have been abandoned if they continue to fail to attend for work or fail to provide 
49 








a satisfactory explanation or medical certificate/s supporting the whole of the absence. 

67.4. For the purpose of this clause, service of the First Letter and/or Second Letter will be 

affected by means of either personal service, registered mail or by leaving the letter at the 

last address nominated by the Employee to the Employer as their home address. 

68. Absence Management Procedures

68.1. Commitment to Reduction in Sick Leave Levels. 

68.1.1. The Parties to this Agreement are committed to ensuring Transit Systems, as a 

business, remains competitive and achieves industry best practices in a range of 

areas. One such area is the need to reduce the costs associated with unacceptable 

average sick leave levels. 

68.1.2. To ensure that sick leave levels are reduced to an average of nine days per annum 

or less, the Parties have agreed to implement stringent procedures for the 

management of employee absence relating to personal illness and injury. 

68.1.3. It is accepted that the following provisions will place the Parties to this Agreement, 

including all Employees covered by the Agreement, under strict obligations to 

effectively manage employee absence in order to achieve the targeted reduction 

in sick leave. To that end, the Unions and their Officers will work co-operatively 

with Transit Systems and its managers to ensure the implementation and success 

of the Absence Management Procedures outlined in this clause. 

68.2. Medical Examination, the Role of the Transit Systems nominated company representative 

and Employee Obligations. 

68.2.1. An employee reporting any unplanned absences, arising from personal illness or 

injury, may be contacted by a nominated company representative on the first or 

any subsequent day of the unplanned absence. The company representative will 

discuss with the employee, the circumstances of the unplanned absence including 

appropriate medical referrals and likely date of return to work. 

68.2.2. If the employee cannot be contacted by the Company representative, the 

employee will be required to provide an explanation regarding why they were 

unable to be contacted. Where no satisfactory explanation is provided, paid leave 

will not be approved, and disciplinary action may be commenced against the 

employee for unauthorised absence. 

68.2.3. If directed by Transit Systems, an employee must attend an examination by a 

Transit Systems Nominated Doctor located within a reasonable travelling distance 

50 








from the employee's home, at any time. A Transit Systems Doctor may include a 

specialist. This may occur where: 

i. an employee has an unplanned absence arising from a personal illness or

injury;

ii. the employee has been placed on an absence management program; and/or

iii. there are reasonable grounds to doubt the genuineness of the absence

where it relates to personal illness or injury.

68.2.4. Where an employee is required to attend a Transit Systems nominated Doctor for 

medical examination, the Transit Systems Nominated Doctor will determine 

whether or not the employee is fit for their normal duties. 

68.2.5. Where a Transit Systems Nominated Doctor examines an employee and 

determines that the employee is fit for their normal duties, no paid leave will be 

payable, and the employee may be directed by Transit Systems to attend to work. 

68.2.6. Where an employee who has been directed to attend for work following 

examination by a Transit Systems Nominated Doctor, fails to do so, the employee 

will: 

i. have any paid leave withheld;

ii. be considered to be on unapproved leave until any relevant medical reports

have been considered; and

iii. may be subject to disciplinary action.

68.3. Managing Employees with Unacceptable Attendance Patterns - Absence Management 

Programs. 

68.3.1. An employee with an unacceptable attendance pattern may be placed on an 

Absence Management Program (AMP). In administering AMPs, there is absolutely 

no intention by Transit Systems to place undue pressure on any employee in 

genuine need of sick leave. 

68.3.2. Unacceptable Attendance Pattern means any pattern of unplanned absence, which 

the employee's manager, on reasonable grounds, believes warrants the employee 

being placed on an absence management program, and includes: 

i. failure to comply with any aspect of Transit Systems sick leave policy (a copy

of which can be accessed through Transit Systems elibrary), or an obligation

imposed under the provisions of this clause;

ii. failure to produce a medical certificate or other satisfactory evidence to

51 

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support an unplanned absence where the employee was under an obligation 

to do so. 

68.3.3. The following are provided as examples of attendance patterns that would require 

review by management, and which may result in an Employee being placed on an 

Absence Management Program: 

i. a pattern of unplanned absences predominately on particular days of the

week or during particular times of the year.

ii. high number of one-to-two-day unplanned absences, particularly for

different reasons.

iii. a pattern of unplanned sick leave immediately following or preceding RDOs,

ADOs public holidays or annual leave.

iv. unplanned absence on a day, that an employee sought as a day off, but which

was not approved.

v. unplanned absences on special events.

vi. four or more absences (particularly single-day absences), in a four-month

period.

68.3.4. Transit Systems Sick Leave Policy and Procedure may be varied to give effect to the 

provisions of this clause. 

68.4. Absence Management Program Step 1 - Preliminary Discussion. 

68.4.1. The employee will be interviewed by their supervisor or manager regarding any 

apparent unacceptable attendance pattern. Reasons for the absence of history 

may be explored. Further medical investigation and referrals may be required at 

this stage. 

68.4.2. If following discussion and any necessary further investigation, the employee's 

manager remains unsatisfied with the attendance pattern, the employee will be 

advised in writing that should there be no improvement in their attendance 

pattern, they will be placed on an absence management program. However, in 

exceptional circumstances, an employee may be placed on an absence 

management program at this point. 

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68.5. Absence Management Program Step 2 - Placement on a Program. 

Should an employee's attendance pattern remain unsatisfactory, the employee will again 

be interviewed by their manager. If following the further interview, the employee's 

manager remains unsatisfied with the attendance pattern, the employee will be placed on 

an absence management program which will include the following: 

68.5.1. all unplanned absences due to personal illness or injury will need to be medically 

supported while the employee remains on an absence management program. 

68.5.2. regular review meetings between the manager and employee as required. 

68.5.3. any unplanned absence will require approval and, until the employee has applied 

for leave, been interviewed by their manager and the leave has been approved, 

any unplanned absence will be treated as unauthorised leave and may lead to 

disciplinary action. 

68.5.4. medical examination by a Transit Systems Doctor as required, including when 

reporting unplanned absences due to personal illness or injury. 

68.5.5. written confirmation of placement on the absence management program and 

advice that a continuing unacceptable attendance pattern, including the taking of 

any unauthorised leave, may result in further disciplinary action leading to 

termination of employment. 

68.6. Step 3 

Where an employee's attendance pattern remains unacceptable, following the 

implementation of Steps 1 and 2, formal disciplinary action may be commenced against the 

employee. However, disciplinary action may be commenced at any time prior to Step 3, in 

the event of unauthorised absences or failure to comply with any direction issued under the 

absence management program. 

68.7. Continuous Review. 

68.7.1. An employee placed on an absence management program will be subject to 

continuous review and may be removed from the absence management program 

at any time, following demonstrated improvement in their attendance pattern. 

68.7.2. Employees will be advised in writing of the decision to remove them from the 

absence management program. However, should the employee again come under 

notice for an unacceptable attendance pattern, the employee may be placed back 

53 








on an absence management program. 

69. New Technology

69.1. The Parties to this Agreement will jointly examine and discuss prior to implementation, all 

proposals regarding the introduction of new technologies. New technologies will be 

designed to enhance the flexibility, cost-effectiveness and efficiency of the operation and 

delivery of our services. 

69.2. Where the introduction of new technologies impacts existing positions, then appropriate 

job redesign and retraining will be discussed. 

70. Termination/Redundancy

70.1. Provisions relating to redundancy are provided for in the NES. 

70.2. This clause supplements the NES in relation to severance pay on redundancy. For the 

avoidance of doubt, the entitlements in this clause include the NES entitlements and are 

not in addition to the NES entitlements. 

70.3. The employment of a permanent employee may be terminated by the Company with a 

notice in accordance with the following scale: 

Period of continuous service with the Company Period of notice 

1 year or less At least 1 week 

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

More than 3 years but not more than 5 years At least 3 weeks 

More than 5 years At least 4 weeks 

70.4. Employees over 45 years of age at the time of the giving of the notice with not less than two 

years of continuous service are entitled to an additional week's notice. 

70.5. An Employee is required to give the Company the same period of notice of termination as 

detailed in (c) above. If the Employee does not provide the required amount of notice to 

the Company, the Company may deduct the value of the period of notice not given from 

the Employee's final pay. 

70.6. Where an Employee's employment is terminated by reason of redundancy, the employer 

shall pay the Employee the following severance pay in respect of a continuous period of 

service: 

54 






  

  



(i) If an Employee is under 45 years of age, the employer shall pay in accordance

with the following scale:

Years of service Entitlement 

1 year and less than 2 years 4 weeks' pay 

2 years and less than 3 years 7 weeks' pay 

3 years and less than 4 years 10 weeks' pay 

4 years and less than 5 years 12 weeks' pay 

5 years and less than 6 years 14 weeks' pay 

6 years and over 16 weeks' pay 

(ii) Where an Employee is 45 years old or over, the entitlement shall be in accordance

with the following scale:

Years of service Entitlement 

1 year and less than 2 years 5 weeks' pay 

2 years and less than 3 years 8. 75 weeks' pay

3 years and less than 4 years 12.5 weeks' pay 

4 years and less than 5 years 15 weeks' pay 

5 years and less than 6 years 17 .5 weeks' pay 

6 years and over 20 weeks' pay 

70.7. "Weeks' pay" for the purposes of this clause means the full rate for the Employee 

concerned at the date of termination, and shall include, in addition to the ordinary rate of 

pay, shift penalties and allowances. 

70.8. This clause only applies to permanent Employees and does not apply to Casual Employees 

or any other categories of persons who are excluded by the N ES as being entitled to notice, 

or redundancy pay. 

71. Career Paths

71.1. Where an Employee covered under this Agreement takes up an Apprenticeship or 

Traineeship within Transit Systems, the Employee will maintain their current rate of pay 

under this EA, until the pay rate in the new position has exceeded the afore-mentioned 

rate. 

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71.2. Employees who take an Apprenticeship or Traineeship and are subject to clause 71.1 

herein are otherwise covered by the relevant / agreement for the work performed. 

71.3. Transit Systems will provide guidance to Employees covered by this EA: 

71.3.1. in the preparation of resumes, job applications, and the interview process; and 

71.3.2. regarding career opportunities and professional development. 

72. Acting Out of Classification

72.1. An Employee engaged temporarily in a higher grade shall be paid the rate to which they 

would be entitled if they were appointed to that grade. 

72.2. The conditions applying to the classification in which Employee acts shall be their 

conditions whilst so acting. 

72.3. An Employee who acts in a higher-grade position for a continuous period of 124 working 

days shall be paid at the higher rate for any period of annual leave falling within the same 

twelve-month period. 

73. Excess Travelling Time

Employees when required to sign on or off at a place other than their home depot which is at a

greater distance from their home than their home depot, shall be allowed payment at the

appropriate rate for the day for the excess travelling time. A total of 25 minutes each day for a

straight shift and 40 minutes on a broken shift will be allowed to cover time occupied in waiting for

scheduled connections.

74. Attending for Duty

74.1. "Commences Duty" means an Employee has attended for duty as instructed, collected 

their journal, and signed on at the Depot and where required, the Bus Operator Console 

(BOC) in accordance with the rostered commencement time. 

74.2. A Full time Employee who attends for duty in accordance with instructions and is not 

required, shall receive a minimum of five hours pay unless at least twelve hours' notice 

was given to the Employee personally that they were not required for duty. 

74.3. A Full time Employee who commences duty and is subsequently told that he/she is not 

required shall receive a minimum of seven hours' pay. 

56 








74.4. A Full time Employee who is rostered for a broken shift and reports in accordance with the 

roster or is instructed to report for either portion of the broken shift and does so report, 

shall be paid a minimum of three and a half hours for either portion of the shift or the 

period for which rostered, whichever be the lesser, provided the Employee shall be entitled 

to a minimum payment of seven hours for the whole of the shift. 

74.5. A casual Employee who attends for duty as requested and is informed upon reporting for 

duty that they are not required, shall receive a minimum of three hours of pay. 

74.6. A permanent part-time Employee who attends for duty in accordance with instructions and 

is not required shall receive a minimum of three hours' pay. Where a part-time Employee 

commences duty and is subsequently advised that they are not required, shall receive a 

minimum of three hours pay. 

75. Attending Court

An Employee who has been notified to attend any court, as a witness for, or at the request of the

Employer or at the Coroner's Court in his/her official capacity in respect of the death of a person

resulting from an accident involving an authority bus or other authority vehicle shall be treated in

respect of payment for the time occupied as follows:

75.1 Unless the Employee has previously started work for the day, they are to be treated, for

the purpose of payment, as signing on at the time the Employee reports as directed at the

court or such other place as they may be instructed.

75.1.1 all-time occupied from signing on until signing off at the Employee's depot or 

being discharged by the officer in charge of the case (after contacting their 

controlling officer) is to be treated for the purpose of payment as time worked 

and is to be paid for at the appropriate full rate for the day. 

75.1.2 when the Employee would have been employed in a higher grade, but for 

attending court, the Employee is to be paid for under clause 72 at the rate for such 

higher grade to the extent of the higher-grade work lost on the day, during the 

period for which they are paid under clause 72. 

75.1.3 where the Employee commences and/or finishes on the day at other than their 

home depot, they are to be allowed any excess travelling time at a single rate and 

allowed payment for such time at the higher-grade rate if applicable. 

75.1.4 where Employees who are no longer required at court are directed to resume duty 

at their depot, they are to be signed off not later than nine hours after the time 

of reporting to the court, or such other place as they may be instructed. 

57 

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75.1.5 where the Employee is required to return to the court after the meal recess, a 

meal break up to a maximum of 50 minutes is to be deducted and a meal 

allowance is to be paid in accordance with the current rates prescribed by NSW 

Premier's Department. 

76. Making Reports

76.1. Employees shall be paid at the appropriate rate for the time taken to make an incident 

report including reporting bus defects. 

77. Attending Office

77.1. An Employee who is instructed to attend elsewhere to answer complaints, furnish reports, 

supply statements or affidavits or submit to medical examination or eyesight or hearing 

tests (except in the case of an employee on leave on account of ill health or injury) shall be 

paid for the time occupied at ordinary base rates. 

77.2. The provisions of this clause do not apply to an Employee attending to answer charges or 

reports of their own misconduct from which they are not subsequently exonerated or to 

tender an explanation of the failure to attend for duty. 

77.3. Where the Employee attends and the distance travelled exceeds the distance from the 

Employee's place of residence to the depot or usual place of employment, travelling time 

at ordinary base rates for the excess distance shall also be paid where the time is not 

otherwise paid for. 

SECTION 10-INDUSTRIAL RELATIONS 

78. Dispute Resolution

78.1. Both the Employer and the Employees agree that as the service provided by Transit NSW 

is an essential community service and that any disruption to the service could impact the 

safety and security of the Employer's customers, it is not in any party's or the community's 

interest that there are any disruptions to the normal provision of services, despite any 

disagreement that may arise. 

78.2. For the avoidance of doubt this procedure applies in relation to any dispute arising out of 

this agreement, the employment relationship or in relation to the NES. 

78.3. In the event of a grievance or dispute arising at work an Employee shall discuss the matter 

with their depot Operations Manager. 

58 






  



78.4. In the event that the issue remains in dispute the Employee and their chosen 

representative will discuss the matter with the Operations Manager. 

78.5. In the event that the issue continues to be in dispute the Employee may choose to refer 

the matter to either an organiser of the Union or to the depot Consultative Committee. The 

organiser and/or a representative of the Consultative Committee will discuss the issue with 

the Area/General Manager. 

78.6. If no negotiated settlement can be achieved and the process is exhausted without 

resolution, the parties shall jointly or individually refer the matter to the Fair Work 

Commission where the parties shall use their best endeavours to resolve the matter by 

conciliation. 

78.7. If the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work 

Commission may then arbitrate the dispute and make a determination that is binding on 

the parties. If Fair Work Commission arbitrates the dispute it must take into consideration 

the aims and objectives as set out in sub-clause a) above as the primary consideration in 

making any binding determination. 

Note: If the Fair Work Commission arbitrates the dispute, it may use the procedural 

powers that are available to it under the Act. 

78.8. The decision of the Fair Work Commission will be binding on the parties subject to the 

following: 

78.8.1. There shall be a right of appeal to a Full Bench of the Fair Work Commission 

against the decision, which must be exercised within 21 days of the decision being 

issued or within such other time as the Full Bench may allow. 

78.9. While the above procedure is being followed and until the matter is resolved by 

agreement, conciliation or arbitration, work will continue in accordance with the status 

quo, that is work shall continue normally without interruption. 

78.10. To avoid doubt, an Employee is entitled to have a representative of their choice in relation 

to the procedures set out in clause 78.4 to clause 78.6 above. 

79. Major Change and Consultation

79.1. This clause applies if the Employer: 

79.1.1. has made a definite decision to introduce a major change to production, program, 

organisation, structure, or technology in relation to its enterprise that is likely to 

have a significant effect on the Employees; or 

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79.2. 

79.1.2. proposes to introduce a change to the regular roster or ordinary hours of work of 

Employees. 

Maior change 

For a major change referred to in clause 79.1: 

79.2.1. the employer must notify the relevant Employees of the decision to 

introduce the major change; and 

79.2.2. subclauses 79.3 to clause 79.9 apply. 

79.3. The relevant Employees may appoint a representative for the purposes of the procedures 

in this term. 

79.4. If: 

79.4.1. a relevant Employee appoints, or relevant Employees appoint, a 

representative for the purposes of consultation; and 

79.4.2. the Employee or Employees advise the Employer of the identity of the 

representative, 

79.4.3. the Employer must recognise the representative. 

79.5. As soon as practicable after making its decision, the Employer must: 

79.5.1. discuss with the relevant Employees: 

a. the introduction of the change; and

b. the effect the change is likely to have on the Employees; and

c. measures the Employer is taking to avert or mitigate the adverse effect

of the change on the Employees; and

79.6. for the purposes of the discussion-provide, in writing, to the relevant Employees: 

79.6.1. all relevant information about the change including the nature of the change 

proposed; and 

79.6.2. information about the expected effects of the change on the Employees; and 

79.6.3. any other matters likely to affect the Employees. 

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79.7. However, the Employer is not required to disclose confidential or commercially sensitive 

information to the relevant Employees. 

79.8. The Employer must give prompt and genuine consideration to matters raised about the 

major change by the relevant Employees. 

79.9. If a term in this EA provides for a major change to production, program, organisation, 

structure, or technology in relation to the enterprise of the Employer, the requirements set 

out in clause 79.2.1 and subclauses 79.3 and 79.5 are taken not to apply. 

79.10. In this term, a major change is likely to have a significant effect on Employees if it results 

in: 

(i) the termination of the employment of Employees; or

(ii) a major change to the composition, operation, or size of the Employer's workforce

or to the skills required of Employees; or

(iii) the elimination or diminution of job opportunities (including opportunities for

promotion or tenure); or

(iv) the alteration of hours of work; or

(v) the need to retrain employees; or 

(vi) the need to relocate Employees to another workplace; or

(vii) the restructuring of jobs.

79.11. Change to the regular roster or ordinary hours of work 

79.11.1. For a change referred to in clause 79.1.2: 

i. the Employer must notify the relevant Employees of the proposed change;

and

ii. subclauses 79.11 to 79.15 apply.

79.12. The relevant Employees may appoint a representative for the purposes of the procedures 

in this term. 

79.13. If: 

79.13.1. a relevant Employee appoints, or relevant Employees appoint, a 

representative for the purposes of consultation; and 

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79.13.2. the Employee or Employees advise the Employer of the identity of the 

representative; 

the Employer must recognise the representative. 

79.14. As soon as practicable after proposing to introduce the change, the Employer must: 

79.14.1. discuss with the relevant Employees the introduction of the change; and 

79.14.2. for the purposes of the discussion, provide to the relevant Employees: 

i. all relevant information about the change, including the nature of the change;

and

ii. information about what the employer reasonably believes will be the effects of

the change on the Employees; and

iii. information about any other matters that the employer reasonably believes are

likely to affect the Employees; and

iv. 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).

79.15. However, the Employer is not required to disclose confidential or commercially sensitive 

information to the relevant Employees. 

79.16. The Employer must give prompt and genuine consideration to matters raised about the 

change by the relevant Employees. 

79.17. In this term: 

relevant Employees means the Employees who may be affected by a change referred 

to in clause 79.1. 

80. Flexibility

The Employer and an Employee covered by this enterprise agreement may agree to make an

individual flexibility arrangement to vary the effect of the terms of the agreement if:

80.1. the agreement deals with 1 or more of the following matters:

i. arrangements about when work is performed (including meal breaks);

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ii. overtime rates;

iii. penalty rates;

iv. allowances;

V. job sharing; and

80.2. the arrangement meets the genuine need of the Employer and Employee in relation 

to 1 or more of the matters mentioned in clause 79.1; and 

80.3. the arrangement is genuinely agreed to by the Employer and Employee. 

80.4. the rates of pay shall not be less than the applicable rates designated in Schedule 1 of this 

Agreement. 

80.5. The Employer must ensure that the terms of the individual flexibility arrangement: 

80.5.1. are about permitted matters under section 172 of the Act; and 

80.5.2. are not unlawful terms under section 194 of the Act; and 

80.5.3. result in the employee being better off overall than the Employee would be if no 

arrangement was made. 

80.6. The Employer must ensure that the individual flexibility arrangement: 

80.6.1. is in writing; and 

80.6.2. includes the name of the Employer and Employee; and 

80.6.3. is signed by the Employer and Employee and if the Employee is under 18 years of 

age, signed by a parent or guardian of the Employee; and 

80.6.4. includes details of: 

i. the terms of the enterprise agreement that will be varied by the

arrangement; and

ii. how the arrangement will vary the effect of the terms; and

iii. how the Employee will be better off overall in relation to the terms and

conditions of his or her employment as a result of the arrangement; and

iv. states the day on which the arrangement commences.

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80.7. The Employer must give the Employee a copy of the individual flexibility arrangement within 

14 days after it is agreed to. 

80.8. The Employer or Employee may terminate the individual flexibility arrangement: 

i. by giving 28 days' written notice to the other party to the arrangement; or

ii. if the Employer and Employee agree in writing - at any time.

81. Salary Sacrifice for Superannuation

81.1. Notwithstanding anything contained within this EA and the Prescribed Rates set out in 

Schedule 1 of this Agreement, an employee may elect, subject to the agreement of the 

Company, to sacrifice a specific amount of their base wage paid under this Agreement to 

additional superannuation payments. 

81.2. Any salary sacrifice arrangement entered into under this clause is subject to taxation and 

superannuation legislation. 

81.3. Employees are responsible for seeking their own independent financial advice with respect 

to salary sacrifice arrangements. 

82. Default Superannuation Funds

82.1. The subject of superannuation is dealt with by legislation including the Superannuation 

Guarantee (Administration) Act 1992, the Superannuation Guarantee Act 1992, the 

Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of 

Complaints) Act 1993 (collectively "the Superannuation Guarantee Legislation"). 

82.2. The Employer shall contribute on behalf of employees covered by this agreement to a fund 

nominated by the Employee in accordance with the Superannuation Guarantee 

Legislation. 

82.3. If no fund is nominated, the employer will be required to make superannuation payments 

into the employee's stapled fund. If the employee does not have a stapled fund the 

employee's superannuation contributions shall be paid into the Company's default Super 

fund or its "successor fund" under the Superannuation Guarantee Legislation. 

82.4. For the purposes of the superannuation legislation, an Employee's ordinary time earnings 

will be the Employee's ordinary hours of work (refer to Clause 15). The Employer will 

increase this contribution in accordance with any changes to minimum contribution 

requirements under the superannuation legislation. 

64 

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82.5. Contributions shall be made at the rate required to avoid the payment of the 

"superannuation guarantee charge" as defined by the Superannuation Guarantee 

Legislation. 

82.6. Contributions to the Default Fund shall be made monthly. Otherwise, contributions shall 

be made by the due date required under the Superannuation Guarantee Legislation. 

83. Superannuation Guarantee

Employees covered under this agreement shall be paid the following superannuation increases:

1 July 2022 - an additional 0.25% superannuation above SGA 

1 July 2023 - an additional 0.25% superannuation above SGA 

1 July 2024 - an additional 0.25% superannuation above SGA 

1 July 2025 - an additional 0.25% superannuation above SGA 

For completeness, employees shall be paid an additional 1.0% superannuation contribution above 

the Superannuation Guarantee over the life of the agreement. 

84. Influenza Vaccine

The Employer will meet the cost of an annual influenza vaccination.

85. Union's Picnic Day

85.1. Easter Saturday (or such other day as agreed) shall be recognised as the Union's picnic day. 

85.2. In addition to all other payments due to the Employee, a financial member of the Union, 

other than a Casual Employee, shall, upon proof thereof, be paid an additional day's pay in 

the pay period in which Easter Saturday (or such other day as agreed) falls. Full-time 

Employees will be paid 7.6 hours at the base rate of pay. Part-time Employees will be paid 

on a pro-rata basis for the daily hours per contract. 

85.3. For the purpose of this clause a financial member of the Union shall mean an Employee 

who is, at the time of the picnic day, a financial member and who was a financial member 

of the Union as of the 31 December of the preceding year. 

65 








86. Income Protection

86.1. There will be no roster changes made solely for the purpose of reducing the take-home 

pay of Employees covered by this Agreement. 

86.2. No shift changes will result in a loss of take-home pay of more than two percent over a 

twelve-month period (based on a financial year), below the average pay of each shift type, 

e.g.: AM, day, midday, broken and PM shifts, except for part-time rosters. For the

avoidance of doubt, shift changes shall include both major and minor shift changes.

86.3. Subclause 86.2 will not apply for school vacation, university vacation, university exam 

period or changes required due to variations in road conditions by relevant authorities or 

where it is necessary to introduce short-term temporary timetables - for example, closure 

of rail line, office vacation etc. 

86.4. To ensure compliance with the provisions of this clause, at the commencement of each 

financial year, Transit Systems will provide the Unions with a summary (the Annual 

Summary) of all rosters for Employees covered under this Agreement, for all locations. 

86.5. The Annual Summary will then be used as a baseline for the purpose of calculating the total 

impact on average take-home pay of any shift changes which occur in the following twelve­

month period to 30 June. 

66 








SCHEDULE 1 - MONETARY RATES at 1st July 2022 

• Transferred Employees only 

Based on a • Senior Bus • Yard "'Senior Bus • Leaming and • Senior Leaming 

CLAUSE MULTIPLE Bus Operator Operator - Development and Development 38hrweek Operator supervisor 
Yard (SBOY) Officer Supervisor 

RATES OF PAY -·the rates below do not Incorporate the Indus by allowance for transferred employees only 
·--

Ful nme & Part nme Monday to Friday per hoir $30.3117 $30.8937 $33.4381 $31.7904 $35.9965 $39.4144 
Full Time & Part nme 12.7;20.1 Saturday per hour $45.4676 $46.3406 $50.1572 $47.6856 $53.9948 $59.1216 

Full Time and Part Time 12.7; 20.2 Sunday per hDlK $60.6234 $61.7874 $66.8762 $63.5808 $71.9930 $78.8288 
Provisional Employees Monday - Friday per hour $24.8606 -

Casuals I 10.1 Monday to Friday (Including 25% 25% per hour $37.8896 $38.6171 $41.7976 $39.7380 $44.9956 $49.2680 
casual loadina) 

OVERTIME - the rates below do not Incorporate the Industry allowance for transferred employees only 

Overtime (T,me & Half) first 3 
1.5 $45.4676 $46.3406 $50.1572 $47.6856 $53.9948 $59.1216 Full Time & Part Time 19.2 hours, then double time 

per hour 

thereafter 
2 per hour $60.6234 $61,7874 $66.8762 $63.5808 $71.9930 $78.8288 

Full Time & Part Time 19.2 Overtime (Double) 2 per hour $60.6234 $61.7874 $66.8762 $63.5808 $71.9930 $78.8288 

Non-Rostered Monday 10 1.5 per hour $45.4676 $46.3406 $50.1572 $47.6856 $53.9948 $59.1216 
Full Time & Part Time 38.4; 38.6 Friday (DOC) (Time & Half) 

first 3 hours, then double time 
thereafter 2 per hour $60.6234 $61.7874 $66.8762 $63,5808 $71.9930 $78.8288 

Full Time & Part Time 38.4; 38.6 Non-Rostered Saturday (DOC) 
2 per hour $60.6234 $61.7874 $66.8762 $63.5808 $71,9930 $78.8288 (Double Time) 

Full Time & Part Time 12.7 Sunday (Double Time) 2 per hour $60.6234 $61.7874 $66.8762 $63.5808 $71.9930 $78.8288 

Public Holiday Monday to 
Full Time & Part Time 39; 12.8 Friday (Time & Half) - time 1,5 per hour $45.4676 $46.3406 $50.1572 $47.6856 $53.9948 $59, 1216 

worked 

Full nme & Part Time 39; 12.8 Public Holiday Saturday 
2 per hour $60.6234 $61.7874 $66.8762 $63.5808 $71.9930 $78.8288 I tDouble Time J - time worked 

Casuals 13.3.1 Casuals - Monday to Friday 1.5 per hour $56.8344 $57.9257 $62.6964 $59.6070 $67.4934 $73.9020 lmme&Harn 

Casuals 13.3.2 Casuals - Saturday (Time & 1.5 per hour $56.8344 $57.9257 $62.6964 $59.6070 $67.4934 $73.9020 Harn 

Casuals 13.3.3 Casuals - Sunday (Double 
2 per hour $75.7792 $77.2342 $83.5952 $79.4760 $89.9912 $98,5360 TimeJ 

Casuals 13.3.4 Casuals - Public Holiday 
2.5 per hour $94.7240 $96.5428 $104.4940 $99.3450 $112.4890 $123.1700 /Double T,me & Haff) 

AGREEMENT PAYMENT - transferred employees only 
One-off payment to transferred_ emp_lo�es only I 12.11 $750.00 

BROKEN SHIFTS lSPREAD 
9:30- 10:15 Paid at (T,me & HalQ 1.5 perhOl.r $45.4676 $46.3406 $50.1572 $47.6856 $53.9948 $59.1216 
10:15 - 12:15 Paid at (Double Timel 2 per hour $60.6234 $61.7874 $66.8762 $63,5808 $71.9930 $78.8288 

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NIGHT ALLOWANCE (TIME) • the rates below do not incorporate the industry allowance for transferred employees only 

17 :00 • 20:00 27 15% 15% per hour $4.5468 $4.6341 $5.0157 $4.7686 $5.3995 $5.9122 
20:00 - 24:00 27 15% 15% per hour $4.5468 $4.6341 $5.0157 $4.7686 $5.3995 $5.9122 

24:00 - 05:00 (night work) 27 15% 15% per hour $4.5468 $4.6341 $5.0157 $4.7686 $5.3995 $5.9122 
00:00 - 7:00 (day work) 27 15% 15% per hour $4.5468 $4.6341 $5.0157 $4.7686 $5.3995 $5.9122 

ALLOWANCES 

125% annual leave loading for 
38 Hours work (Non-Transferred 25% per hour $7.5779 $7.7234 $8.3595 $7.9476 $8.9991 $9.8536 

Annual Leave Loading 42.3 Em,,,,.,=esl 

20% annual leave loading for 
38 Hours work (Transferred 20% per hour $6.0623 $6.1787 $6.6876 $6.3581 $7.1993 $7.8829 
Em""'•-esl 

Drive a bus in service with fare 

Fare Paying Passenger Allowance 28 paying passengers or conduct 
per day $17.2814 . - - -

Yard Duties (Non-Transferred 
Employees) 

25.1 
I

Driving a high-capacity bus 
per day $14.5024 - - -

High-Capacity Allowance (Non-Transferred Eml/!Qr!!&S/ 

25.2 Driving a high-capacity bus 
per day $ 24.9000 

'Transferred Em"'o-s • 
. - . . 

Meal Allowance 26 Meal allowance for Overtime in 
per day $14.0455 excess of two hours 

- - . -

Industry Allowance (Transfom,d Employee Only/ 29 Transferred employee only per week $52.7000 - - -

Mentor Allowance 52.6 Mentor allowance I per hour $1.5000 - . - -

SCHEDULE 2 - Union and Institute time. 

Depot Union Institute Frequency 

Burwood 2'30" 2'15" pershift 

Kingsgrove 3'15" 2'45" per shift 

Lelchhardt 3'30" 2'45" pershift 

Tempe 2'30" 2'15" pershift 

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87. Acceptance by Parties

The matters contained herein represent the basis of the Transit NSW (Region 6), TWU and RTBU 

Bus Drivers Enterprise Agreement 2022 and are accepted by the following parties. 

Dated this (S: Day of J '--Lr , 2023

For and on behalf of the Rail, Tram Bus Industry Union of Australia 

Name !izxl¼crsser:J 

:::::

n 

f/C �ry 

For and on behalf of the Transport Workers Union of Australia 

Name 

Position ____________ _ 

Signed -l:t/� 
For and on behalf of Transit Systems West Services Pty Ltd 

Name Rick Carpenter 

Position Group Chief People & Culture Officer 

Signed 

69 

Richard Olsen

State Secretary






  

  



87. Acceptance by 

The matters contained herein represent the basis of the Transit NSW (Region 6), TWU and RTBU 
Bus Drivers Enterprise Agreement 2022 and are accepted by the following parties. 

Dated this 18th Day of July 2023 

For and on behalf of the Rail, Tram Bus Industry Union of Australia 

Name: 

Position: 

Address: 

Signed: 

Alex Claassens 

State Secretary, The Australian Rail Tram & Bus Industry Union 
(NSW Branch) NSW Tram and Bus Division 

Leve} 4, 32~ Pitt Street, Sydney NSW 2000 

r-" . ,s,/ ' / 

For and on behalf ofthe Transport Workers Union of Australia 

Name: Richard Olsen 

Position: TWU NSW/QLD State Secretary, Transport Workers' Union of NSW 

Address: 

Signed 

22w~ryNSW2770 

For and on behalf of Transit Systems West Services Pty Ltd 

Name: Rick Carpenter 

Position: Group Chief People & Culture Officer 

Address: Level 3, 26 Flinders Street, Adelaide SA 5000 

Signed: 

69 


87. Acceptance by Parties The matters contained herein represent the basis of the Transit NSW (Region 6), TWU and RTBU Bus Drivers Enterprise Agreement 2022 and are accepted by the following parties. Dated this 18th Day of July 2023 For and on behalf of the Rail, Tram Bus Industry Union of Australia Name: Alex Claassens Position: State Secretary, The Australian Rail Tram & Bus Industry Union (NSW Branch) NSW Tram and Bus Division Address: Levej 4, 321 Pitt Street, Sydney NSW 2000 Alaassers 7/8/2023 Signed: For and on behalf of the Transport Workers Union of Australia Name: Richard Olsen Position: TWU NSW/QLD State Secretary, Transport Workers' Union of NSW Address: 22 John-Hines Avenue, Minchinbury NSW 2770 Signed For and on behalf of Transit Systems West Services Pty Ltd Name: Rick Carpenter Position: Group Chief People & Culture Officer Address: Level 3, 26 Flinders Street, Adelaide SA 5000 Signed: 69




 



IN THE FAIR WORK COMMISSION 

 

FWC Matter No. 

AG2023/2505 

 

Applicant: 

Transit Systems West Services Pty Ltd 

 

Section 185 – Application for approval of a single enterprise agreement 

 

Undertaking – Section 190(3) 
 

I, Jamie Sinclair, Managing Director have the authority given to me by Transit Systems West Services 

Pty Ltd (Transit Systems) to give the following undertaking with respect to the Transit NSW (Region 

6), Transport Workers Union, and Rail Tram Bus Union Bus Drivers Enterprise Agreement 2022 (the 

Agreement): 

 

 Agreement Commencement: Clause 3 of the Agreement will be taken to read: “This EA shall 

come into operation seven days after it is approved by the Fair Work Commission, and it 

shall have a nominal expiry date of the 30th of June 2026. In an effort to ensure that future 

wage increases are not delayed after the nominal expiry of this agreement, the parties 

bound by this EA agree to commence negotiations for a replacement agreement six months 

prior to the nominal expiry date of this EA.” 

 Definition of a Shiftworker: A definition of a Shiftworker is to be inserted in Clause 6 of the 

Agreement to read: “A shiftworker means an employee who is a 7 day shiftworker who is 

regularly rostered to work on Sundays and public holidays and will receive an extra week of 

annual leave.” 

 Annual Leave: The Agreement will have a new clause inserted at 42.5.1.3 to read: “An 

employee who meets the definition of shiftworker for the purposes of the NES, will be paid 

leave loading on all annual leave taken, and will receive an extra week of annual leave as 

required by s.86 of the Fair Work Act.” 

 Abandonment: The Agreement will have a new clause inserted at 67.5 to read: “Where an 

employee has been deemed to have abandoned his/her employment, they will be notified in 

writing of the day of termination, and except in the case of serious misconduct, provided 

with notice of termination or payment in lieu in accordance with s.117 of the Fair Work Act 

2009. 

 

The undertakings are provided on the basis of issues raised by the Fair Work Commission in the 

application before the Fair Work Commission and are made in accordance with Section 190 of the 

Fair Work Act 2009, and the employer understands that this undertaking will be taken to be a term 

of the Agreement pursuant to Section 191 of the Fair Work Act 2009. 

 

 

 
_____________________ 

Signature 

 

14 August, 2023 

Date_____________________ 

 






  

Smee
Text Box
ANNEXURE A

Cases cited by this decision: