TJHB Senior and Salaried Officers Agreement 2022

1

Fair Work Act 2009 
s.185—Enterprise agreement

Transdev John Holland Buses (Nsw) Pty Ltd T/A Transdev John Holland 
Buses (Nsw) Pty Ltd
(AG2022/5195)

TJHB SENIOR AND SALARIED OFFICERS' AGREEMENT 2022

Road transport industry

COMMISSIONER WILSON MELBOURNE, 13 JANUARY 2023

Application for approval of the TJHB Senior & Salaried Officers' Enterprise Agreement 2022

[1] An application has been made for approval of an enterprise agreement known as the 
TJHB Senior & Salaried Officers’ Enterprise Agreement 2022 (the Agreement). The 
application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made 
by Transdev John Holland Buses (Nsw) Pty Ltd T/A Transdev John Holland Buses (Nsw) Pty 
Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

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

[4] The RTBU being a bargaining representative for the Agreement, has given notice under 
s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that 
the Agreement covers the organisation.

[5] The Australian Municipal, Administrative, Clerical and Services Union being a 
bargaining representative for the Agreement, has given notice under s.183 of the Act that it 
wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers 
the organisation.

[2023] FWCA 120

DECISION
FairWork 

Commission 


* AUSTRALIA FairWork Commission








[2023] FWCA 120

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[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
20 January 2023. The nominal expiry date of the Agreement is 30 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

AE518871  PR749639

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.. FAIR WORK NOISSIW THE SEA

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[2023] FWCA 120

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Annexure A

,..;, I JOHN 
\.!J transd.ew HOLLAND 

10 January, 2023 

The Fair Work Commi$.$ion 
FWC Matter No. AG 2022/ 5195 
Applicant: Transdev John Holland Buses Pty Ltd 

Section 210 - Application for approval of a variation of an enterprise agreement 

Undertaking - Section 212 

I, Rita Haitas, Head of People and Culture - Transdev John Holland Buses, have the authority 
given to me by Transdev John Hollt1nd Buses to give the following undertakings with respect to 
the TJHB Senior & Salaried Offlc-ers' Enterprise Agreement 2022 Cthe Agreoment"): 

t. Transdev John Holland Buses Pty Ltd (" the CompanyN) commits not to Implement any Forced 
redundancies of Transferring Employees for the length of this Agreement. 

2. The oompany undertakes that section 32.2.3 defines a shit'tworker for Ule purposes of the 
additional week of annual leave, for the purposes of the NES. 

3. The company undertakes that, notwithstanding clauses 22.4 and 22.5, the company will 
resolve all disputes withing 7 working days of the dispute raised as per Clause 22.3 Step 1. 

4. The company undertakes that any withholding of monies required under clausc-s 32.7, 34.2 
and 74.8 will only pertain to withholdings from salary and will not be withheld from monies 
owing under the NES (such as accrued but unused annual leave or the payment of long service 
leave upon termination). 

5. The company undertakes that Clause 36.2 will not be limited to the adoption of a child 
under 5 years of age but will include the adoption up until 16 years of age. 

6. The company commits that only employees terminated for "serious misconduct" will be 
excluded from a notice or termination. 

7. The company undertakes to ensure that all Apprentices are entit led to and will receive 
notice of terminatkn under ss 117-123 of the Act. 

8. The company undertakes to provide notice of termination to any employee deemed to have 
tibandoned their employment. 

TraftSdev John Holland Buses (NSW) Pty Ud 

1- 1S Oxford St , Bondi Junction NSW 20U I Tel: 1-61 02 4072 4123 

www.transdevj0hnh0llo1nd.c,om.au 

ACN: 643 796 098 I ABN: 29 643 796 098 


transdev JOHN HOLLAND 10 January, 2023 The Fair Work Commission FWC Matter No, AG 2022/ 5195 Applicant: Transdev John Holland Buses Pty Ltd Section 210 - Application for approval of a variation of an enterprise agreement Undertaking - Section 212 , Rita Haltas, Head of People and Culture - Transdev John Holland Buses, have the authority given to me by Transdev John Holland Buses to give the following Undertakings with respect to the TJKB Senior & Salaried Officers' Enterprise Agreement 2022 ("the Agreement")) Transdev John Holland Buses Pty Ltd ("the Company") commits not to Implement any forced redundancies of Transferring Employees for the length of this Agreement. 2' The company undertakes that section 32.2.) defines a shiftworker for the purposes of the additional week of annual leave, for the purposes of the NES. 3. The company undertakes that, notwithstanding clauses 22.4 and 22.5, the company will resolve all disputes withing 7 working days of the dispute raised as per Clause 22,3 Step 1. 4. The company undertakes that any withholding of monies required under clauses 32,7, 34.2 and 74,8 will only pertain to withholdings from salary and will not be withheld from monies awing under the NES (such as accrued but unused annual leave of the payment of long service leave upon termination). 5. The company undertakes that Clause 36.2 will not be limited to the adoption of a child under 5 years of age but will include the adoption up until 16 years of age 6. The company commits that only employees terminated for "serious misconduct" will be excluded from a notice of termination. 7. The company undertakes to ensure that all Apprentices are entitled to and Will receive notice of termination under $5 117-123 of the Act. # The company undertakes to provide notice of termination to any employee deemed to have abandoned their employment .. Transdev John Itollund Buses (NSW) Pty Ltd www.transdevjohnholland.comath L-15 Oxford SI, BondeJunction NSW 2022 | Tel: +51 -02 4072 412] TACH 641 795 D98 | ABN: 29 843 796 098




 



[2023] FWCA 120

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9. The company confirms that no Clerk Grade l employees will be paid less than the rate for 
the corresponding level contained in the appllcable Modern Award. 

10. The company commits that no casual employees will receive less pay under the 20% 
loading than they would otherwise receive for overtime entitlements, 

These undertakings are provided on the basis of issues raised by the Fair Work Commission in 
the application before the Fair Work Commission. 

Yours slncerefy, 

RJta Haitas 

Head of People and Culture· Transdev John Holland 6uses 

Tran.sdev John Holland Buses (NSW} pty Ud PAGE 2 


0. The company confirms that no Clerk Grade 1 employees will be paid less than the rato for The corresponding level contained in the applicable Modern Award. 10. The company commits that no casual employees will receive less pay under the 20% loading than they would otherwise receive for overtime entitlements. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Yours sincerely, Stantes Rita Haitas Head of People and Culture Transdev John Holland Buses fransdey John Holland Buses (NSW) Pty Ltd




 



TJHB SENIOR AND SALARIED OFFICERS' ENTERPRISE 
AGREEMENT 2022 

AGREEMENT 

PART 1 - CORE CONDITIONS FOR SENIOR AND SALARIED OFFICERS 

SECTION lA- APPLICATION AND OPERATCON OF AGREEMENT 

1. Title 

1.1 This Agreement may be cited as the "TH-l.B Senior and Salaried Officers' Agreement 2022" ("the 
Agreement"). 

2. Arrangement 

2.1 This Agreement is arranged as follows: 

PART I - CORE CONDITIONS FOR SENIOR AND SALARIED OFFICERS 

SECTION I A - APPLICATION AND OPERATION OF AGREEMENT 

I. Title 
2. Arrangement 
3. Facilitative Provisions 
4. Definitions 
5. Parties Bound 
6. Relationship to Industrial Instruments 
7. No Extra Claims 
8. Area, Incidence and Duration 
9. Anti-Discrimination 
SECTION 1B - WAGES, ALLOWANCES AND RELATED MATTERS 
10. Wage Increases 
1 l. Industry Allowance 
12. Payment ofWages 
13. Superannuation 
14. Salary Sacrifice 
15. Expenses 
16. Meal Allowance 
17. Travelling Allowance 
18. Relocation Allowance 
19. Uniform Allowance 
SECTION IC -COMly!UNICATION AND DISPUTE RESOLUTlON 
20. Consultation 
21 . Consultative Committee 
22. Dispute Settlement Procedures 
23. Rights of Union Delegates 
SECTION 1D - EMPLOYMENT RELATIONSHIP 
24. Types of Employment 
25. Temporary Appointment 
26. Managing Sick Leave Related Absences 
27. Commitment to Business Reforms 
28. Use ofEligibility Lists 
29. Employee Discipline 

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 TJHB SENIOR AND SALARIED OFFICERS' ENTERPRISE AGREEMENT 2022 AGREEMENT PART 1 - CORE CONDITIONS FOR SENIOR AND SALARIED OFFICERS SECTION 1A - APPLICATION AND OPERATION OF AGREEMENT 1. Title 1.1 This Agreement may be cited as the "TJHB Senior and Salaried Officers' Agreement 2022" ("the Agreement"). Arrangement 2.1 This Agreement is arranged as follows: PART 1 - CORE CONDITIONS FOR SENIOR AND SALARIED OFFICERS SECTION 1A - APPLICATION AND OPERATION OF AGREEMENT 1. Title emtror 2. Arrangement Facilitative Provisions 4. Definitions Parties Bound 6. Relationship to Industrial Instruments 7. No Extra Claims 8. Area, Incidence and Duration 9. Anti-Discrimination SECTION 1B - WAGES, ALLOWANCES AND RELATED MATTERS 10. Wage Increases 11. Industry Allowance 12. Payment of Wages 13. Superannuation 14. Salary Sacrifice 15. Expenses 16. Meal Allowance 17. Travelling Allowance 18. Relocation Allowance 19. Uniform Allowance SECTION IC - COMMUNICATION AND DISPUTE RESOLUTION 20. Consultation 21. Consultative Committee 22. Dispute Settlement Procedures 23. Rights of Union Delegates SECTION 1D - EMPLOYMENT RELATIONSHIP 24. Types of Employment 25. Temporary Appointment 26. Managing Sick Leave Related Absences 27. Commitment to Business Reforms 28. Use of Eligibility Lists 29. Employee Discipline -1 - 

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30. Aband01m1ent of Employment 
SECTION lE - LEAVE 
3 1. Personal Leave 
32. Annual Leave 
33. Leave for Matters Arising from Domestic Violence 
34. Long Service Leave 
35. Flexible Use of Long Service Leave 
36. Parental Leave 
37. Out of Home Care Leave 
38. Altruistic Surrogacy Leave 
39. Military Leave 
40. Jury Service 
41. Blood Doners Leave 
42. Leave for Indigenous Day of Significance 
43. Emergency Leave 
44, Purchased Leave for Personal or Family Reasons 
45. Picnic Day 
46. Public Holidays 
47. Concessional Day 
48. Capping of Additional Days Off (ADOs) 
SECTION IF - FLEXJBLE WORK ARRANGEMENTS 
49. Make Up Time 
50. Career Break 
51. Flexible Working Arrangements 
52. Individual Flexibility Arrangement 
SECTION l G - GENERAL 
53. Higher Duties for Senior & Salaried Officers 
54. Employee Travel Passes 
55. Workplace Health and Safety Training 
56. Drug and Alcohol Testing 
57. Childcare 
58. Quality Certification 
59. Introduction of New Technology 
60. Job Evaluation Review Process 

PART 2 - CORE CONDJTIONS FOR SALARIED OFFICERS 
61. Hours of Duty for Salaried Officers 
62, Minimum Payments 
63. Spread of Hours 
64. Overtime 
65. Time Off in Lieu of Payment for Overtime 
66. Sunday Time 
67. Saturday Time 
68. Shift Work Allowance 
69. Time OffBetween Shifts 
70. Rostered Day Off 
71. Excess Travelling Time 
72. Change ofL'sual \Vorkplace 
73. Increment Increases 
74. Termination ofEmployment 
75. Salary Rates 

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 30. Abandonment of Employment SECTION 1E - LEAVE 31. Personal Leave 32. Annual Leave 33. Leave for Matters Arising from Domestic Violence 34. Long Service Leave 35. Flexible Use of Long Service Leave 36. Parental Leave 37. Out of Home Care Leave 38. Altruistic Surrogacy Leave 39. Military Leave 40. Jury Service 41. Blood Doners Leave 42. Leave for Indigenous Day of Significance 43. Emergency Leave 44. Purchased Leave for Personal or Family Reasons 45. Picnic Day 46. Public Holidays 47. Concessional Day 48. Capping of Additional Days Off (ADOs) SECTION IF - FLEXIBLE WORK ARRANGEMENTS 49. Make Up Time 50. Career Break 51. Flexible Working Arrangements 52. Individual Flexibility Arrangement SECTION 1G - GENERAL 53. Higher Duties for Senior & Salaried Officers 54. Employee Travel Passes 55. Workplace Health and Safety Training 56. Drug and Alcohol Testing 57. Childcare 58. Quality Certification 59. Introduction of New Technology 60. Job Evaluation Review Process PART 2 - CORE CONDITIONS FOR SALARIED OFFICERS 61. Hours of Duty for Salaried Officers 62. Minimum Payments 63. Spread of Hours 64. Overtime 65. Time Off in Lieu of Payment for Overtime 66. Sunday Time 67. Saturday Time 68. Shift Work Allowance 69. Time Off Between Shifts 70. Rostered Day Off 71. Excess Travelling Time 72. Change of Usual Workplace 73. Increment Increases 74. Termination of Employment 75. Salary Rates - 2 - 



PART 2A - AD:tvllNISTRA TIVE STREAM 
76. Direct Appointment 
77. Filling of Authorised Positions 
78. Traineeships 
PART 2B - 'v!A TNTENANCE STREAM 
79. Filling of Authorised Positions 
80. Flexibility 
81. Master Roster Changes 
PART 2C- OPERATIONAL Sl;-PPORT STREAM 
82. Revenue Rooms 
83. Pass Issue 
84. Check Validity of Licences/ Accreditation and Bus Operator Presentation 
85. Cleaning and Maintaining Street Furniture, Ticket Readers and Driver Consoles 
86. Performance Assessment of Bus Operators 
87. Minor Bus Repairs 
88. Bus Operations 
89. Handover Period 
90. Fatigue Management 
9 I. Duty Officer (Night) Relief 
92. Operational Control Centre Qualification Training 
93. Duty Officers and Operational Supervisors Roster Principles 
94. Operational Control Centre Roster Principles 
PART 3 - SENIOR OFFICER STREAM 
95. Hours of Work for Senior Officers 
96. Span of Hours 
97. Transfers within the Division 
98. Perfonnance Agreement Programs 
99. Increment Increases 
I 00.Filling of Authorised Positions 
101 .Salary Movement Linked to Promotion and Acting in Higher Grade 
Schedule A - Senior Officers' Pay rates 
Schedule B - Salaried Officers' Pay rates 
Schedule C - Allowances 
Schedule D - Classifications 

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 PART 2A - ADMINISTRATIVE STREAM 76. Direct Appointment 77. Filling of Authorised Positions 78. Traineeships PART 2B - MAINTENANCE STREAM 79. Filling of Authorised Positions 80. Flexibility 81. Master Roster Changes PART 2C - OPERATIONAL SUPPORT STREAM 82. Revenue Rooms 83. Pass Issue 84. Check Validity of Licences/Accreditation and Bus Operator Presentation 85. Cleaning and Maintaining Street Furniture, Ticket Readers and Driver Consoles 86. Performance Assessment of Bus Operators 87. Minor Bus Repairs 88. Bus Operations 89. Handover Period 90. Fatigue Management 91. Duty Officer (Night) Relief 92. Operational Control Centre Qualification Training 93. Duty Officers and Operational Supervisors Roster Principles 94. Operational Control Centre Roster Principles PART 3 - SENIOR OFFICER STREAM 95. Hours of Work for Senior Officers 96. Span of Hours 97. Transfers within the Division 98. Performance Agreement Programs 99. Increment Increases 100.Filling of Authorised Positions 101.Salary Movement Linked to Promotion and Acting in Higher Grade Schedule A - Senior Officers' Pay rates Schedule B - Salaried Officers' Pay rates Schedule C - Allowances Schedule D - Classifications - 3 - 



3. Facilitative. Provisions 

3. 1 Th is Agreement contains facilitative provisions which allow agreement( s) to be reached between the employer 
and employees on how specific Agreement provisions are to apply at the workplace level. 

3.2 Facilitative provisions are not to be used as a device to avoid Agreement obligations nor should the provisions 
result in unfairness to an Employee or Employees covered by this Agreement. The facilitative provisions are 
identified below: 

96. Span of I-lours (Senior Officers) 
65. Time Off in Lieu of Overtime (Senior Officers) 
61. Hour of Duty (Salaried Officers) 
64, Overtime (Salaried Officers) 
69. Time Off Benveen Shifts (Salaried Officers) 
49. Make Up Time 

4. Definitions 

In this Agreement: 

4.1 "ADO" means Additional Day Off earned by an Officer as the result of an arrangement whereby the officer, in 
the case ofan Officer who works 38 hours per week, works an additional 24 minutes per day over 19 days 
and, in the case of an Officer who works 3 5 hours per week, an additional 22 minutes per day over 19 days. 

4.2 "FWC" means the Fair Work Commission. 

4.3 "Authorised Position'' means a permanent full-time or part-time position approved by the employer as such. 

4.4 "Casual Employment'' has the meaning given that term by virtue of sub-clause 24.10 of this Agreement. 

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

(a) unauthorised Leave Without Pay: 

(b) unpaid Sick Leave which exceeds three months; and 

(c) authorised Leave without Pay, of any type, which exceeds three months. 

4.6 "Disciplinary Proceedings" means the institution of formal discipline procedures against an employee by way 
of the laying of a written charge or allegation. 

4,7 Subject to 4.8 (a) "Employee" means, persons employed by the "Employer" who are: 

• Based in depots located in Greater Sydney Bus Contract Region 9; and 
• Are engaged in positions contained in Schedule D of this Agreement. 

4.8 Where the term "Employee" appears in: 

(a) PART 1 of this Agreement, it will mean all Salaried or Senior Officers employed as Officers of 
the Employer; 

(b) PART 2 of this Agreement, it will mean Salaried Officers only; 

PART 2A of this Agreement, it will mean Salaried Officers who are Administrative Officers 
only; 

PART 2B of this Agreement, it will mean Salaried Officers employed within the Maintenance 
areas ofTJHB; 

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 3. Facilitative. Provisions 3.1 This Agreement contains facilitative provisions which allow agreement(s) to be reached between the employer and employees on how specific Agreement provisions are to apply at the workplace level. 3.2 Facilitative provisions are not to be used as a device to avoid Agreement obligations nor should the provisions result in unfairness to an Employee or Employees covered by this Agreement. The facilitative provisions are identified below: 96. Span of Hours (Senior Officers) 65. Time Off in Lieu of Overtime (Senior Officers) 61. Hour of Duty (Salaried Officers) 64. Overtime (Salaried Officers) 69. Time Off Between Shifts (Salaried Officers) 49. Make Up Time 4. Definitions In this Agreement: 4.1 "ADO" means Additional Day Off earned by an Officer as the result of an arrangement whereby the officer, in the case of an Officer who works 38 hours per week, works an additional 24 minutes per day over 19 days and, in the case of an Officer who works 35 hours per week, an additional 22 minutes per day over 19 days. 4.2 "FWC" means the Fair Work Commission. 4.3 "Authorised Position" means a permanent full-time or part-time position approved by the employer as such, 4.4 "Casual Employment" has the meaning given that term by virtue of sub-clause 24.10 of this Agreement. 4.5 "Continuous Service" means continuous employment with the Employer under a contract of service excluding any period of: (a) unauthorised Leave Without Pay; (b) unpaid Sick Leave which exceeds three months; and (c) authorised Leave without Pay, of any type, which exceeds three months. 4.6 "Disciplinary Proceedings" means the institution of formal discipline procedures against an employee by way of the laying of a written charge or allegation. 4.7 Subject to 4.8 (a) "Employee" means, persons employed by the "Employer" who are: .. Based in depots located in Greater Sydney Bus Contract Region 9; and Are engaged in positions contained in Schedule D of this Agreement. 8 Where the term "Employee" appears in: (a) PART 1 of this Agreement, it will mean all Salaried or Senior Officers employed as Officers of the Employer; (b) PART 2 of this Agreement, it will mean Salaried Officers only; PART 2A of this Agreement, it will mean Salaried Officers who are Administrative Officers only; PART 2B of this Agreement, it will mean Salaried Officers employed within the Maintenance areas of TJHB; - 4 - 



PART 2C of this Agreement, it will mean Salaried Officers within the Operational Support 
areas ofTJHB only; and 

(c) PART 3 of this Agreement, it will mean Senior Officers only. 

4.9 "Employer" or TJHB means Transdev John Holland Buses (NSW) Pty Ltd. 

4.10 Extended Leave (Long Service) for Employees will accrue and be granted in accordance with section 68Q of 
the Transport Administration Act 1988, together with Schedule 1 of the Government Sec/or Employment 
Regulation 20 14 or succeeding Act. 

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

4. 12 "Officer" means a Salaried or Senior Officer employed by TJHB on a permanent, temporary full time or part 
time basis, but does not include a person employed under a contract for services, provided that, officer is to be 
read consistently with the definition of employee provided above. 

4.13 Parties means TJHB (Employer"), the Australian Services Union ofNSvV (' ASU'), the Australian Rail, Tram 
and Bus Industry Union ('RTBU') and the Association of Professional Engineers, Scientists and Managers, 
Australia (NS\V Branch) {' APES MA', known as Professionals Australia). 

4.14 "Part-Time Employment" has the meaning given that term by virtue of sub-clause 24.3 of this Agreement. 

4.15 "Personal Leave'' has the meaning given that term by clause 3 l of this Agreement and includes personal Sick 
Leave, Carers' Leave and Compassionate/bereavement Leave. 

4.16 ''Purchased Leave" means a form of additional paid leave whereby an Employee elects to purchase up to a 
maximum of four weeks additional paid leave per year, by having the Employer set aside a portion of their 
weekly wage, for a period ofup to 12 months prior to clearing the additional leave, equal to the value of the 
additional paid leave. 

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

4.18 "Public Holiday" means: 

(a) New Year's Day; 

(b) Australia Day; 

(c) Good Friday; 

( d) Easter Saturday; 

(e) Easter Monday; 

(f) Anzac Day; 

(g) Sovereign's Birthday; 

(h) Labour Day; 

(i) Christmas Day; 

(j) Boxing Day; and 

(k) any day which is gazetted or proclaimed as a Public Holiday in the state of New South Wales in 

substitution for, or in addition to, any of the days listed in (a) to (j) above. 

4.19 "Shift Worker" means an Employee whose roster requires them to regularly work on Saturdays, Sundays and 
Public Holidays and./or shifts which otherwise attract the payment of a shift penalty. 

4.20 "Temporary Employment" has the meaning given that term by virtue of subclause 24.16 of this Agreement. 

4.21 "Week" means: 

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

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

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 PART 2C of this Agreement, it will mean Salaried Officers within the Operational Support areas of TJHB only; and (c) PART 3 of this Agreement, it will mean Senior Officers only. 4.9 "Employer" or TJHB means Transdev John Holland Buses (NSW) Pty Ltd. 4.10 Extended Leave (Long Service) for Employees will accrue and be granted in accordance with section 68Q of the Transport Administration Act 1988, together with Schedule 1 of the Government Sector Employment Regulation 2014 or succeeding Act. 4.11 "Act" means the Fair Work Act 2009 (Cth). 4.12 "Officer" means a Salaried or Senior Officer employed by TJHB on a permanent, temporary full time or part time basis, but does not include a person employed under a contract for services, provided that, officer is to be read consistently with the definition of employee provided above. 4.13 Parties means TJHB (Employer"), the Australian Services Union of NSW ('ASU'), the Australian Rail, Tram and Bus Industry Union ('RTBU') and the Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch) {'APESMA', known as Professionals Australia). 4.14 "Part-Time Employment" has the meaning given that term by virtue of sub-clause 24.3 of this Agreement. 4.15 "Personal Leave" has the meaning given that term by clause 31 of this Agreement and includes personal Sick Leave, Carers' Leave and Compassionate/bereavement Leave. 4.16 "Purchased Leave" means a form of additional paid leave whereby an Employee elects to purchase up to a maximum of four weeks additional paid leave per year, by having the Employer set aside a portion of their weekly wage, for a period of up to 12 months prior to clearing the additional leave, equal to the value of the additional paid leave. 4.17 "Picnic Day" means an annual picnic event for Salaried and Senior Officers employed under this Agreement. 4.18 "Public Holiday" means: (a) New Year's Day; (b) Australia Day; (c) Good Friday; (d) Easter Saturday; (e) Easter Monday; (f) Anzac Day; (g) Sovereign's Birthday; (h) Labour Day; (i) Christmas Day; (j) Boxing Day; and (k) any day which is gazetted or proclaimed as a Public Holiday in the state of New South Wales in substitution for, or in addition to, any of the days listed in (a) to (j) above. 4.19 "Shift Worker" means an Employee whose roster requires them to regularly work on Saturdays, Sundays and Public Holidays and/or shifts which otherwise attract the payment of a shift penalty. 4.20 "Temporary Employment" has the meaning given that term by virtue of subclause 24.16 of this Agreement. 4.21 "Week" means: (a) for an Employee who is a Shift Worker, Sunday to Saturday. (b) for an Employee who is not a Shift Worker, Monday to Friday. - 5 - 



5. Parties Bound 

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

• the Employer; 

• the Australian Rail, Tram and Bus Industry Union ('R.TBU'); 

• the Australian Services Union ofNSW (' ASU'); 

• the Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch) 
(' APFSJ\.1A', known as Professionals Australia), and 

• all Employees of the Employer covered by this Agreement. 

5.2 This Agreement shall operate to the exclusion of any and all other industrial instruments, including but not 
limited to enterprise agreements and modern awards that might otherwise apply, or that applied in the past, to 
Employees. 

5.3 It is a term of this Agreement that the Employees covered by this Agreement shall have their conditions 
maintained to not less than those prescribed in the Kational Employment Standards (NES). Should any 
provision of this Agreement be interpreted in a manner that is less beneficial than or inconsistent with the NES, 
then the con-espondi ng term of the NES shall apply to the extent of the inconsistency. 

6. Relationship to Industrial Instruments 

6.1 This Agreement wholly supersedes and replaces the following instruments: 

• The State Transit Authority Senior and Salaried Officer (Enterprise) State Award 2021. 

• This Agreement supersedes all previous negotiations, warranties, representations and agreements 
between the parties and contains the whole of the agreement between them. 

7. No Extra Claims 

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

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

8. Area, Incidence and Duration 

8.1 Th is Agreement shall take effect seven days after approval by the Fair Work Commission and rescinds and 
replaces the copied State Transit Authority Senior and Salaried Officers' Enterprise (State) Award 2021. 

8.2 The Nominal Expiry Date of this Agreement is the 30 April 2025. 

8.3 The parties will commence negotiations for the next Agreement six months prior to the nominal expiry date 
of this Agreement. 

9. Anti-Discrimination 

9.1 It is the intention of the parties to this Agreement to seek to prevent and eliminate discrimination in the 
workplace. This includes discrimination on the grounds ofrace, sex, marital status, disability, homosexuality, 
transgender identity, age and responsibilities as a carer. 

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 5. Parties Bound 5.1 This Agreement shall be binding on the following parties and classes of persons: the Employer; . the Australian Rail, Tram and Bus Industry Union ('RTBU'); the Australian Services Union of NSW ('ASU'); . . the Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch) ('APESMA', known as Professionals Australia), and . all Employees of the Employer covered by this Agreement. 5.2 This Agreement shall operate to the exclusion of any and all other industrial instruments, including but not limited to enterprise agreements and modern awards that might otherwise apply, or that applied in the past, to Employees. 5.3 It is a term of this Agreement that the Employees covered by this Agreement shall have their conditions maintained to not less than those prescribed in the National Employment Standards (NES). Should any provision of this Agreement be interpreted in a manner that is less beneficial than or inconsistent with the NES, then the corresponding term of the NES shall apply to the extent of the inconsistency. Relationship to Industrial Instruments 6.1 This Agreement wholly supersedes and replaces the following instruments: The State Transit Authority Senior and Salaried Officer (Enterprise) State Award 2021. . This Agreement supersedes all previous negotiations, warranties, representations and agreements between the parties and contains the whole of the agreement between them, No Extra Claims 7.1 The parties agree that, during the term of this Agreement, there will be no extra wage claims, claims for improved conditions of employment or demands made with respect to the Employees covered by the Agreement and, further, that no proceedings, claims or demands concerning wages or conditions of employment with respect to those Employees will be instituted before the FWC or any other industrial tribunal. 7.2 The terms of the preceding paragraph do not prevent the parties from taking any proceedings with respect to the interpretation, application or enforcement of existing Agreement provisions. 8. Area, Incidence and Duration 8.1 This Agreement shall take effect seven days after approval by the Fair Work Commission and rescinds and replaces the copied State Transit Authority Senior and Salaried Officers' Enterprise (State) Award 2021. 8.2 The Nominal Expiry Date of this Agreement is the 30 April 2025. 8.3 The parties will commence negotiations for the next Agreement six months prior to the nominal expiry date of this Agreement. 9. Anti-Discrimination 9.1 It is the intention of the parties to this Agreement to seek to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer. - 6 - 



9.2 It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this 
Agreement the parties have obligations to take all reasonable steps to ensure that the operation of the 
provisions of this Agreement are not directly or indirectly discriminatory in their effects. 1t will be consistent 
with the fulfilment of these obligations for the paities to make application to vary any provision of the 
Agreement, which, by its tem1s or operation, has a direct or indirect discriminatory effect. 

9.3 Under the Anti-Discrimination Act 1977, it is unlawful to victlmise an Employee because the Employee has 
made or may make or has been involved in a complaint of unlawful discrimination or harassment. 

9.4 Nothing in this clause is to be taken to affect: 

• any conduct or act which is specifically exempted from ai1ti-discrimination legislation; 

• offering or providing junior rates of pay to persons under 21 yeai·s of age; 

• any act or practice of a body established to propagate religion which is exempted under s 56(d) of the 
Anti-Discrimination Act 1977; 

• a party to this Agreement from pursuing matters of unlawful discrimination in any State or federal 
jurisdiction. 

9.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by the 
legislation referred to in this clause. 

9.6 Employers and Employees may also be subject to Commonwealth anti-discrimination legislation. 

9.7 Section 56(d) of the Anti-Discrimination Act 1977 provides: "Nothing in the Act affects any other act or 
practice of a body established to propagate religion that conforms to the doctrines of that religion or is 
necessary to avoid injury to the religious susceptibilities of the adherents of that religion." 

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 9.2 It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Agreement the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Agreement are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Agreement, which, by its terms or operation, has a direct or indirect discriminatory effect. 9.3 Under the Anti-Discrimination Act 1977, it is unlawful to victimise an Employee because the Employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment. 9.4 Nothing in this clause is to be taken to affect: any conduct or act which is specifically exempted from anti-discrimination legislation; . offering or providing junior rates of pay to persons under 21 years of age; any act or practice of a body established to propagate religion which is exempted under s 56(d) of the Anti-Discrimination Act 1977; a party to this Agreement from pursuing matters of unlawful discrimination in any State or federal jurisdiction. 9.5 This clause does not create legal rights or obligations in addition to those imposed upon the partics by the legislation referred to in this clause. 9.6 Employers and Employees may also be subject to Commonwealth anti-discrimination legislation. 9.7 Section 56(d) of the Anti-Discrimination Act 1977 provides: "Nothing in the Act affects any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion." -7 - 



SECTION 1B - WAGES, ALLOWANCES AND RELATED MATTERS 

10. \\'age Increases 

10.1 A wage increase will apply to employees covered by this Agreement payable as follows: 

i) From the First Full Pay Period commencing on or after I January 2023: a percentage increase 
consistent with the Wage Price Index* (\VPI) percentage increase of March 2022. 

ii) From the First Full Pay Period commencing on or after I January 2024: a percentage increase 
consistent with the Wage Price Index * (WPI) percentage increase of March 2023. 

iii) From the First Full Pay Period commencing on or after 1 January 2025: a percentage increase 
consistent with the Wage Price Index* (\VPT) percentage increase of March 2024. 

* The ,Harch Quarter index. ABS Quarterly ~Vage I'rice Index Cm. 6345 Table 5b (Private and 
Public: Transport, postal and warehousing) 

11. Industry Allowance 

11.1 During the life of this Agreement the current industry allowance rates will increase as shown in Schedule C 
of this Agreement 

12. Payment of Wages 

12.1 The Employer will effect the payment of all Employee wages, salaries and allowances by electronic transfer 
of funds into financial institution accounts (Banks, Credit Unions and Building Societies) as nominated by 
Employees, and will continue to do so for the life of this Agreement. 

13. Superannuation 

13.1 Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), 
Superannuation fndus/ry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) 
Act 1993 (Cth), as amended from time to time (Superannuation Legislation), deal with superannuation rights 
and obligations. 

13.2 The Employer will make superannuation contributions (Compulsory Contributions) in accordance with 
Superannuation Legislation to any superannuation fund (as defined in the Superannuation Legislation (Fund) 
chosen by the Employee. 

13.3 An Employee choosing a Fund, other than the Default Fund (Aware Super) will be required to furnish 
sufficient evidence to the Employer to determine that the chosen Fund meets the requirements of 
Superannuation Legislation as amended from time to time. 

13.4 An Employee may elect, subject to the agreement of the Employer, to salary sacrifice on a pre-tax basis a 
specific amount of their base wage paid under this Agreement to additional superannuation payments. Such 
an election must be made in writing by the Employee, addressed to the Employer, and shall specify a fixed 
dollar amount. 

13.5 Any salary sacrifice arrangement entered into by an Employee under this clause is subject to applicable 
taxation and Superannuation Legislation as amended from time to time. 

13.6 Employees are responsible for seeking their own independent financial advice with respect to salary sacrifice 
arrangements. 

13. 7 Where an Employee does not inform the Employer of their superannuation fund, or an Employee is not a 
member of a superannuation fund at the time they commence employment with the Employer, the Employer 
will make contributions to the Aware Super fund. 

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 SECTION 1B - WAGES, ALLOWANCES AND RELATED MATTERS 10. Wage Increases 10.1 A wage increase will apply to employees covered by this Agreement payable as follows: i) From the First Full Pay Period commencing on or after I January 2023: a percentage increase consistent with the Wage Price Index * (WPI) percentage increase of March 2022, ii) From the First Full Pay Period commencing on or after 1 January 2024: a percentage increase consistent with the Wage Price Index * (WPI) percentage increase of March 2023, From the First Full Pay Period commencing on or after 1 January 2025: a percentage increase consistent with the Wage Price Index * (WPT) percentage increase of March 2024. * The March Quarter index. ABS Quarterly Wage Price Index Cat. 6345 Table 5b (Private and Public. Transport, postal and warehousing) 11. Industry Allowance 11.1 During the life of this Agreement the current industry allowance rates will increase as shown in Schedule C of this Agreement 12. Payment of Wages 12.1 The Employer will effect the payment of all Employee wages, salaries and allowances by electronic transfer of funds into financial institution accounts (Banks, Credit Unions and Building Societies) as nominated by Employees, and will continue to do so for the life of this Agreement. 13. Superannuation 13.1 Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), as amended from time to time (Superannuation Legislation), deal with superannuation rights and obligations. 13.2 The Employer will make superannuation contributions (Compulsory Contributions) in accordance with Superannuation Legislation to any superannuation fund (as defined in the Superannuation Legislation (Fund) chosen by the Employee. 13.3 An Employee choosing a Fund, other than the Default Fund (Aware Super) will be required to furnish sufficient evidence to the Employer to determine that the chosen Fund meets the requirements of Superannuation Legislation as amended from time to time. 13.4 An Employee may elect, subject to the agreement of the Employer, to salary sacrifice on a pre-tax basis a specific amount of their base wage paid under this Agreement to additional superannuation payments. Such an election must be made in writing by the Employee, addressed to the Employer, and shall specify a fixed dollar amount. 13.5 Any salary sacrifice arrangement entered into by an Employee under this clause is subject to applicable taxation and Superannuation Legislation as amended from time to time. 13.6 Employees are responsible for seeking their own independent financial advice with respect to salary sacrifice arrangements. 13.7 Where an Employee does not inform the Employer of their superannuation fund, or an Employee is not a member of a superannuation fund at the time they commence employment with the Employer, the Employer will make contributions to the Aware Super fund. - 8 - 



14. Salary Sacrifice 

14.1 Notwithstanding the wages prescribed in this Agreement, an Employee other than a temporary or casual may 
elect, subject to the agreement of the Employer, to sacrifice a portion of the base wage payable under this 
Agreement to additional employer superannuation contributions. Such election must be made prior to the 
commencement of the period of service to which the eamings relate. 

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

14.2.1. 

14.2.2. 

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

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

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

14.3.L 

14.3.2. 

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

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

14.4 Where an Employee elects to salary saclifice in tem1s of sub-clause 14.3, the Employer will pay the sacrificed 
amount into the relevant superannuation fund. 

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

• the Superannuation Act 1916; 

• the State Authorities Superannuation Act 1987; 

• the State Authorities i'Von-contributory Superannuation Act 1987; or 

• the First State Superannuation Act 1992: 

the employer must ensure that the amount of any additional Employer superannuation contributions 
specified in sub-clause 14.3 is included in the Employee's superannuable salary, which is notified to the 
l\'ew South Wales public sector superannuation trustee corporations. 

14.6 Where, prior to electing to sacrifice a portion of hisiher salary to superannuation, an Employee had entered 
into an agreement with the Employer to have superannuation contributions made to a superannuation fund 
other than a fund established under legislation listed in sub-clause 14.5, the Employer will continue to base 
contributions to that fund on the base wage payable under this Agreement the same extent as applied before 
the Employee sacrificed portion of that salary to superannuation. This clause applies even though the 
superannuation contributions made by the Employer may be in excess of superannuation guarantee 
requirements after the salary sacrifice is implemented. 

15. Expenses 

15.1 For the life of this Agreement, the Employer will continue to apply the allowance rates provided for in the 
"Meal, Travelling and Related Allowances Circular", as published from time to time by the NSW Premiers' 

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 14. Salary Sacrifice 14.1 Notwithstanding the wages prescribed in this Agreement, an Employee other than a temporary or casual may elect, subject to the agreement of the Employer, to sacrifice a portion of the base wage payable under this Agreement to additional employer superannuation contributions. Such election must be made prior to the commencement of the period of service to which the earnings relate. 14.2 Where an Employee has elected to sacrifice a portion of that payable wage to additional Employer superannuation contributions: 14.2.1. Subject to Australian taxation law, the sacrificed portion of wage will reduce the wage subject to appropriate PAYG taxation deductions by the amount of that sacrificed portion; 14.2.2. Any allowance, penalty rate, payment for unused leave entitlements, weekly workers' compensation or other payment, other than any payments for leave taken in service, to which an Employee is entitled under the Agreement, Act or statute which is expressed to be determined by reference to an Employee's wage, shall be calculated by reference to the wage which would have applied to the Employee under this Agreement in the absence of any salary sacrifice to superannuation made under this Agreement. 14.3 The Employee may elect to have the portion of payable wage, which is sacrificed to additional Employer superannuation contributions: 14.3.1. Paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or 14.3.2. Subject to the Employer's agreement, paid into a private sector complying superannuation scheme as employer superannuation contributions. 14.4 Where an Employee elects to salary sacrifice in terms of sub-clause 14.3, the Employer will pay the sacrificed amount into the relevant superannuation fund 14.5 Where the Employee is a member of a superannuation scheme established under: the Superannuation Act 1916; . the State Authorities Superannuation Act 1987; . the State Authorities Non-contributory Superannuation Act 1987; or the First State Superannuation Act 1992; the employer must ensure that the amount of any additional Employer superannuation contributions specified in sub-clause 14.3 is included in the Employee's superannuable salary, which is notified to the New South Wales public sector superannuation trustee corporations. 14.6 Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an Employee had entered into an agreement with the Employer to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in sub-clause 14.5, the Employer will continue to base contributions to that fund on the base wage payable under this Agreement the same extent as applied before the Employee sacrificed portion of that salary to superannuation. This clause applies even though the superannuation contributions made by the Employer may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented. 15. Expenses 15.1 For the life of this Agreement, the Employer will continue to apply the allowance rates provided for in the "Meal, Travelling and Related Allowances Circular", as published from time to time by the NSW Premiers' - 9 - 



Department, for the following allowances: 

• meal expenses on same day journeys (travel not involving an overnight stay): 

• travelling allowances when staying in non Government accommodation (involving overnight stay); 

• incidental expenses when claiming actual expenses; 

• overtime meal allowances; and 

• rates for use of private motor vehicles. 

16. Meal Allowance 

I 6.1 An Employee who is authorised by their manager to undertake a one-day journey on official business where 
overnight accommodation is not required shall be paid the appropriate rate of allowance set out in the Meal, 
Travelling and Related Allowances Circular, as published from time to time by the NS\V Premiers 
Department, for: 

• Breakfast: if travel commences before 7 a.m. or finishes after 8 a.m.; 

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

• Dinner: if travel commences before 6.30 p.m. or finishes after 6.30 p.m.; 

but an Employee shall not be deemed to have incurred expenses for any meal or a bed provided free of 
charge by the Employer. 

No payments shall be made except where an Employee proceeds to a place outside the boundaries of the 
Sydney metropolitan system which is at least 24 kilometres from the usual workplace, the distance being 
computed by the ordinary means of travel. 

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

16.3 Employees shall be entitled to the following meal allowance: 

I 6.3. l. 

16.3.2. 

An Employee who works authorised overtime for two hours or more in excess of their 
ordinary shift shall be eligible for an overtime meal allowance, as prescribed in the Meal, 
Travelling and Related Allowances Circular, if they finish tater than 8.00 a.m. (breakfast), 
or I.30 p.m. (lunch), or 6.30 p.m. (dinner) or 1.00 a.m. (supper). 

A Salaried Officer who ordinarily commences duty at 8.30 a.m. or later, if directed to 
commence before 7.00 a.m. on irregular occasions, and does so commence, shall be eligible 
for a meal allowance for breakfast. 

17. Travelling Allowance 

17.1 An Employee who is required by their manager to work from a temporary work location shall be paid the 
appropriate rate of allowance for accommodation, meal or incidental expenses (if accommodation/meal has 
not been provided by the employer) as set out in the Meal, Travelling and Related Allo\l,;ances Circular, as 
published from time to time by the NSW Premiers' Department. 

17 .2 The need to obtain overnight accommodation shall be determined by the Employee's manager having regard 
to the safety of the Employee travelling on official business and local conditions applicable in the area. 

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

17.4 This clause does not apply to Employees who are on an Employee-initiated secondment. 
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 Department, for the following allowances: meal expenses on same day journeys (travel not involving an overnight stay); travelling allowances when staying in non Government accommodation (involving overnight stay); . . incidental expenses when claiming actual expenses; overtime meal allowances; and rates for use of private motor vehicles. 16. Meal Allowance 16.1 An Employee who is authorised by their manager to undertake a one-day journey on official business where overnight accommodation is not required shall be paid the appropriate rate of allowance set out in the Meal, Travelling and Related Allowances Circular, as published from time to time by the NSW Premiers Department, for: Breakfast: if travel commences before 7 a.m. or finishes after 8 a.m .; Lunch: if travel commences before 1.00 p.m. or finishes after 2.00 p.m .; . . Dinner: if travel commences before 6.30 p.m. or finishes after 6.30 p.m .; but an Employee shall not be deemed to have incurred expenses for any meal or a bed provided free of charge by the Employer. No payments shall be made except where an Employee proceeds to a place outside the boundaries of the Sydney metropolitan system which is at least 24 kilometres from the usual workplace, the distance being computed by the ordinary means of travel. 16.2 The Employer shall not be obliged to pay any allowance under this clause unless the Employee concerned makes a claim, but if a claim is made, the allowance shall be paid in full regardless of the amount claimed. 16.3 Employees shall be entitled to the following meal allowance: 16.3.1. An Employee who works authorised overtime for two hours or more in excess of their ordinary shift shall be eligible for an overtime meal allowance, as prescribed in the Meal, Travelling and Related Allowances Circular, if they finish later than 8.00 a.m. (breakfast), or 1.30 p.m. (lunch), or 6.30 p.m. (dinner) or 1.00 a.m. (supper). 16.3.2. A Salaried Officer who ordinarily commences duty at 8.30 a.m. or later, if directed to commence before 7.00 a.m. on irregular occasions, and does so commence, shall be eligible for a meal allowance for breakfast. 17. Travelling Allowance 17.1 An Employee who is required by their manager to work from a temporary work location shall be paid the appropriate rate of allowance for accommodation, meal or incidental expenses (if accommodation/mcal has not been provided by the employer) as set out in the Meal, Travelling and Related Allowances Circular, as published from time to time by the NSW Premiers' Department. 17.2 The need to obtain overnight accommodation shall be determined by the Employee's manager having regard to the safety of the Employee travelling on official business and local conditions applicable in the area. 17.3 As an alternative to the provisions, the Employer could make other arrangements to meet the travelling expenses properly and reasonably incurred by an Employee who is required to work at a temporary work location. 17.4 This clause does not apply to Employees who are on an Employee-initiated secondment. - 10 - 



18. Relocation Allowance 

18.1 Where an Employee is transferred in the interest of the Employer or on promotion, the Employee shall be 
eligible for a relocation allowance which allows for free rail travel for their family, free transit for their 
furniture; reasonable expenses to cover cost of removal, and reasonable cost of living for a period not 
exceeding six weeks pending the arrival of their furniture, and/ or their securing of a residence. 

18.2 In the case of an Employee who is transferred to suit their own convenience, or by way of disciplinary action, 
the Employee, their partner and family will be eligible for free rail travel and free transit for their furniture, 
but no other travel allowances will be allowed. 

18.3 Applications for Relocation Allowance must be made in advance and be approved at the discretion of the 
Head of People and Culture. 

19. Uniform Allowance 

19.1 This clause applies to Employees who are required to wear the current approved Tll-IB corporate and support 
staff uniform at all times whilst on duty. 

19.2 Employees who are required to wear the approved uniform, including new Employees, shall receive an initial 
issue of the approved uniform at TJHB cost, as set out in Schedule C of this Agreement. 

19.3 Subsequent to the initial issue, Employees will receive a uniform allowance, which is paid annually into the 
employees' account, for the procurement ofreplacement uniform from approved supplier(s). 

19.4 When the annual uniform allowance is due, Employees who commenced employment six months or more 
from that date shall receive the full annual uniform allowance; Employees who commenced employment less 
than six months shall not receive the m1ifonn allowance for that year. 

19.5 Where the uniform is supplied or replaced at the Employer's cost, except as provided for in 19.5, the unifonn 
allowance will not be payable for that year. 

19.6 In extraordinary circumstances where the unifonn is damaged in the course of duty, the Officer may apply for 
a replacement of the damaged items. 

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 18. Relocation Allowance 18.1 Where an Employee is transferred in the interest of the Employer or on promotion, the Employee shall be eligible for a relocation allowance which allows for free rail travel for their family, free transit for their furniture; reasonable expenses to cover cost of removal, and reasonable cost of living for a period not exceeding six weeks pending the arrival of their furniture, and / or their securing of a residence. 18.2 In the case of an Employee who is transferred to suit their own convenience, or by way of disciplinary action, the Employee, their partner and family will be eligible for free rail travel and free transit for their furniture, but no other travel allowances will be allowed. 18.3 Applications for Relocation Allowance must be made in advance and be approved at the discretion of the Head of People and Culture. 19. Uniform Allowance 19.1 This clause applies to Employees who are required to wear the current approved TJHIB corporate and support staff uniform at all times whilst on duty. 19.2 Employees who are required to wear the approved uniform, including new Employees, shall receive an initial issue of the approved uniform at TJHB cost, as set out in Schedule C of this Agreement. 19.3 Subsequent to the initial issue, Employees will receive a uniform allowance, which is paid annually into the employees' account, for the procurement of replacement uniform from approved supplier(s). 19.4 When the annual uniform allowance is due, Employees who commenced employment six months or more from that date shall receive the full annual uniform allowance; Employees who commenced employment less than six months shall not receive the uniform allowance for that year. 19.5 Where the uniform is supplied or replaced at the Employer's cost, except as provided for in 19.5, the uniform allowance will not be payable for that year. 19.6 In extraordinary circumstances where the uniform is damaged in the course of duty, the Officer may apply for a replacement of the damaged items. - 11 - 



SECTION IC -COMMUNICATION AND DISPUTE RESOLUTION 

20. Consultation 

20.1 This term applies if the employer: 

(a) has made a definite decision to introduce a major change to production, program, organisation, 
structure or technology in relation to its enterprise that is likely to have a significant effect on the 
employees; or 

(b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. 

i\Iajor change 

20.2 For a major change referred to in paragraph (20.1) (a): 

(a) the employer must notify the relevant employees (and where requested, their representatives) of the 
decision to introduce the major change; and 

(b) subclauses (20.3) to (20.9) apply. 

20.3 The relevant employees may appoint a representative for the purposes of the procedures in this tenn. 

20.4 If: 

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

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

(c) the employer must recognise the representative. 

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

(a) discuss with the relevant employees: 

(i) the introduction of the change; and 

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

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

b) for the purposes of the discussion-provide, in writing, to the relevant employees (and where 
requested, their representatives): 

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

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

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

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

20.7 TI1e employer must give prompt and genuine consideration to matters raised about the major change by the 
relevant employees. 

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 SECTION 1C - COMMUNICATION AND DISPUTE RESOLUTION 20. Consultation 20.1 This term applies if the employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure of technology in relation to its enterprise that is likely to have a significant effect on the employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major change 20.2 For a major change referred to in paragraph (20.1) (a): (a) the employer must notify the relevant employees (and where requested, their representatives) of the decision to introduce the major change; and (b) subclauses (20.3) to (20.9) apply. 20.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 20.4 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; (c) the employer must recognise the representative. 20.5 As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and b) for the purposes of the discussion-provide, in writing, to the relevant employees (and where requested, their representatives): all relevant information about the change including the nature of the change proposed; and e (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 20.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 20.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. - 12 - 



20.8 If a term in this agreement provides for a major change to production, program, organisation, structure or 
technology in relation to the enterprise of the employer, the requirements set out in paragraph (20.2) (a) and 
subclauses (20.3) and (20.5) are taken not to apply. 

20.9 In this term, a major change is like~v to have a significant effect on employees if it results in: 

(a) the termination of the employment of employees; or 

(b) major change to the composition, operation or size of the employer's workforce or to the skills 

required of employees; or 

(c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); 

or 

( d) the alteration of hours of work; or 

( e) the need to retrain employees; or 

(t) the need to relocate employees to another workplace; or 

(g) the restructuring of jobs. 

(h) Change to regular roster or ordinary hours of work. 

20.lO For a change referred to in paragraph (20.1) (b): 

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

(b) subclauses (20.11) to (20.15) apply 

20.11 The relevant employees may appoint a representative for the purposes of the procedures in this tcm1. 

20.12 If: 

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

consultation; and 

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

(c) the employer must recognise the representative. 

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

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

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

(iJ all relevant information about the change, including the nature of the change; and 

(ii) infom1ation about what the employer reasonably believes will be the effects of the change on 
the employees; and 

(iii) infomrntion about any other matters that the employer reasonably believes are likely to affect 
the employees; and 

( c) invite the relevant employees to give their views about the impact of the change ( including any impact 

in relation to their family or caring responsibilities). 

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

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

20.16 In this term: 

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 20.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph (20.2) (a) and subclauses (20.3) and (20.5) are taken not to apply. 20.9 In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs. (h) Change to regular roster or ordinary hours of work. 20.10 For a change referred to in paragraph (20.1) (b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses (20.11) to (20.15) apply 20.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 20.12 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; (c) the employer must recognise the representative. 20.13 As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employces the introduction of the change; and (b) for the purposes of the discussion-provide to the relevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 20.14 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 20.15 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 20.16 In this term: - 13 - 



"relevant employees'' means the employees who may be affected by a change referred to in 
subclause (20.1). 

21. Consultative Committee 

21.1 There shall be effective means of consultation on matters of interest and concern, both formal and informal, 
at al I levels of the organisation, between the parties to this Agreement and Employees. 

21.2 Senior management representatives of the Employer and nominees of each of the Union parties will meet 
qua1terly as a Consultative Committee - and at other times as agreed - to consult on matters which have 
organisational wide impact or implications. 

21.3 The Consultative Committee will also consider strategic workforce planning issues. Appropriate information 
will be provided to the Unions to facilitate such discussions. 

21.4 When a change is proposed that will have an impact upon the working arrangements of Employees, the 
Employer will consult with Employees and their Employee representatives. 

(a) The Employer will provide relevant infom1ation about: 

1. the proposed change; 

11. effects on the Employees; 

iii. the rationale for the proposed changes based on business needs; 

(b) The Employer will meet with the affected Employees and their Employee Representatives and discuss 
the effects of the changes on the Employee( s) concerned and measures proposed to avoid or otherwise 
minimise any possible adverse impact on affected Employees. 

(c) The Employee(s) will be given an opportunity and reasonable time to provide input and discuss the 
proposed change with their Employee Representatives, to consider the change and respond to any 
proposed changes. 

(d) The Employer will respond to any feedback provided by Employees and their Employee 
Representatives. 

21.5 The Employer shall consult with Employees, Employee Representatives and other parties to this Agreement 
prior to the introduction of any technological change that impact on the working arrangements of Employees. 
Where matters cannot be resolved through the consultative process any party may utilise the Dispute 
Settlement Procedure at Clause 22. 

22. Dispute Settlement Procedures 

22.1 The parties recognise that disputes can differ widely in nature, and can take different lengths of time to resolve, 
but the purpose of this procedure is to ensure that disputes arc resolved as quickly and as close to the source 
of the issue as possible. This procedure requires that there is a resolution to disputes and that while the 
procedure is being followed, work continues normally. 

22.2 A dispute can arise over any issue that directly affects the interests of any of the parties. 

22.3 Any dispute betv,een the Employer and Employee(s) or the Employee's Representative shall be resolved 
according to the following steps: 

STEP I: Where a dispute arises it shall be raised in the first instance in writing by the Employee(s) or their 
Union delegate directly with the local supervisor/manager. The local supervisor/manager shall provide a 
written response to the Employee(s) or their Union delegate concerning the dispute within 48 hours advising 
them of the action being taken. 

STEP 2: ff the dispute remains unresolved, or if the dispute involves matters other than local issues, the 

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 "relevant employees" means the employees who may be affected by a change referred to in subclause (20.1). 21. Consultative Committee 21.1 There shall be effective means of consultation on matters of interest and concern, both formal and informal, at all levels of the organisation, between the parties to this Agreement and Employees. 21.2 Senior management representatives of the Employer and nominees of each of the Union parties will meet quarterly as a Consultative Committee - and at other times as agreed - to consult on matters which have organisational wide impact or implications. 21.3 The Consultative Committee will also consider strategic workforce planning issues. Appropriate information will be provided to the Unions to facilitate such discussions. 21.4 When a change is proposed that will have an impact upon the working arrangements of Employees, the Employer will consult with Employees and their Employee representatives. (a) The Employer will provide relevant information about: the proposed change; ii. effects on the Employees; the rationale for the proposed changes based on business needs; (b) The Employer will meet with the affected Employees and their Employee Representatives and discuss the effects of the changes on the Employee(s) concerned and measures proposed to avoid or otherwise minimise any possible adverse impact on affected Employees. (c) The Employee(s) will be given an opportunity and reasonable time to provide input and discuss the proposed change with their Employee Representatives, to consider the change and respond to any proposed changes. (d) The Employer will respond to any feedback provided by Employees and their Employee Representatives. 21.5 The Employer shall consult with Employees, Employee Representatives and other parties to this Agreement prior to the introduction of any technological change that impact on the working arrangements of Employees. Where matters cannot be resolved through the consultative process any party may utilise the Dispute Settlement Procedure at Clause 22. 22. Dispute Settlement Procedures 22.1 The parties recognise that disputes can differ widely in nature, and can take different lengths of time to resolve, but the purpose of this procedure is to ensure that disputes are resolved as quickly and as close to the source of the issue as possible. This procedure requires that there is a resolution to disputes and that while the procedure is being followed, work continues normally. 22.2 A dispute can arise over any issue that directly affects the interests of any of the parties. 22.3 Any dispute between the Employer and Employee(s) or the Employee's Representative shall be resolved according to the following steps: STEP 1: Where a dispute arises it shall be raised in the first instance in writing by the Employee(s) or their Union delegate directly with the local supervisor/manager. The local supervisor/manager shall provide a written response to the Employee(s) or their Union delegate concerning the dispute within 48 hours advising them of the action being taken, STEP 2; If the dispute remains unresolved, or if the dispute involves matters other than local issues, the - 14 - 



Appropriate Manager, Employee Relations or their nominee, a divisional management representative and the 
Employee(s) and/or the Employee(s) representative, Union delegate or official shall confer and lake 
appropriate action to arrive at a settlement of the matters in dispute within 72 hours of the completion of Step 
1 or the Appropriate Manager, Employee Relations being notified of a dispute involving other than local 
issues. 

STEP 3: If the dispute remains unresolved, each party to the dispute shall advise in writing of their respective 
positions and negotiations about the dispute will be held between the Employee representative(s) or Union 
official, the Managing Director - of TJHB or their nominee who will meet and conclude their discussions 
within 48 hours. 

STEP 4: If the dispute remains unresolved any party may refer the matter to the F\VC for conciliation. If 
conciliation does not resolve the dispute the matter shall be arbitrated by the FWC provided that arbitration is 
limited to disputes that involve matters listed in sub-clause 22.2 of this procedure. 

22.4 If it is decided to refer the matter to the FWC, the referral must take place within 72 hours, excluding weekends 
and public holidays, of completing Step 3, A copy of the notification must be forwarded to all relevant parties 
to the dispute. 

22.5 l11e parties to the dispute may extend the timeframc of Steps 2 - 4 by agreement. Such agreement shall be 
confirmed in writing. 

22.6 The tirneframes in Steps I to 4 above are exclusive of weekends and public holidays. 

22. 7 Whik a dispute is being dealt with under one of the preceding paragraphs in this clause work must continue 
without disruption. Until determined at first instance by the FWC work practices, which existed prior to the 
dispute, shall apply, except where they involve the application of provisions in an industrial instrument or 
where they involve a genuine, serious and immediate risk to the health and safety of any person that ,,vou!d 
prevent the work practices from being carried out. 

22.8 The patties acknmvledge that, where a dispute involves a matter where a genuine, serious and immediate risk 
is posed to the health or safety of any person, it may not be practical to follow the procedures in this clause in 
attempting to resolve the dispute; and that an urgent reference to Safe Work may be required. 

23. Rights of Union Delegates 

23.1 For the purposes of: 

• ensuring compliance by the parties with the terms of this Agreement; and 

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

23.1.l. 

23.1.2. 

23.1.3. 

23.1.4. 

an Employee elected or appointed as a delegate will, upon notification to the Employer, be 
recognised as the Accredited Representative of the Union to which they belong; 

an Accredited Delegate shall be allowed the necessary time during working hours to consult 
with the Employer or its representative on matters affecting Employees; 

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

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

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 Appropriate Manager, Employee Relations or their nominee, a divisional management representative and the Employee(s) and/or the Employee(s) representative, Union delegate or official shall confer and take appropriate action to arrive at a settlement of the matters in dispute within 72 hours of the completion of Step 1 or the Appropriate Manager, Employee Relations being notified of a dispute involving other than local Issues. STEP 3: If the dispute remains unresolved, each party to the dispute shall advise in writing of their respective positions and negotiations about the dispute will be held between the Employee representative(s) or Union official, the Managing Director - of TJHB or their nominee who will meet and conclude their discussions within 48 hours. STEP 4; If the dispute remains unresolved any party may refer the matter to the FWC for conciliation. If conciliation does not resolve the dispute the matter shall be arbitrated by the FWC provided that arbitration is limited to disputes that involve matters listed in sub-clause 22.2 of this procedure. 22.4 If it is decided to refer the matter to the FWC, the referral must take place within 72 hours, excluding weekends and public holidays, of completing Step 3. A copy of the notification must be forwarded to all relevant parties to the dispute. 22.5 The parties to the dispute may extend the timeframe of Steps 2 - 4 by agreement. Such agreement shall be confirmed in writing. 22.6 The timeframes in Steps I to 4 above are exclusive of weckends and public holidays. 22.7 While a dispute is being dealt with under one of the preceding paragraphs in this clause work must continue without disruption. Until determined at first instance by the FWC work practices, which existed prior to the dispute, shall apply, except where they involve the application of provisions in an industrial instrument or where they involve a genuine, serious and immediate risk to the health and safety of any person that would prevent the work practices from being carried out. 22.8 The parties acknowledge that, where a dispute involves a matter where a genuine, serious andimmediate risk is posed to the health or safety of any person, it may not be practical to follow the procedures in this clause in attempting to resolve the dispute; and that an urgent reference to Safe Work may be required. 23. Rights of Union Delegates 23.1 For the purposes of: ensuring compliance by the parties with the terms of this Agreement; and facilitating discussions concerning matters pertaining to the employment relationship between the Employer and Employees covered by this Agreement, and their representatives: 23.1.1. an Employee elected or appointed as a delegate will, upon notification to the Employer, be recognised as the Accredited Representative of the Union to which they belong; 23.1.2. an Accredited Delegate shall be allowed the necessary time during working hours to consult with the Employer or its representative on matters affecting Employees; 23.1.3. subject to the prior approval of the Delegate's supervisor, an Accredited Delegate shall be allowed a reasonable period of time during working hours to consult with individual members regarding matters affecting them or to consult with other Delegates; 23.1.4. the general nature of the matters affecting Employees and the probable time of absence should be indicated to the supervisor; - 15 - 



23.1.5. Employee representatives (including accredited delegates) who request to attend dispute 
resolution training will be released from duty without loss of pay for ordinary hours for up 
to five days per annum (this does not accrue from year to year) to attend such training 
subject to the following: 

• The request to attend training is in writing to the Head of People and Culture, 

• Attendance at such training is subject to operational requirements; 

• All costs associated with such training are borne by the employee representative; 

• Delegates will be provided with reasonable access to a phone, computer, Internet and a notice board: 

• each Union will periodically supply a list of Delegates and contact numbers to the Appropriate 
Manager, People and Culture. 

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 23.1.5. Employee representatives (including accredited delegates) who request to attend dispute resolution training will be released from duty without loss of pay for ordinary hours for up to five days per annum (this does not accrue from year to year) to attend such training subject to the following: . The request to attend training is in writing to the Head of People and Culture, Attendance at such training is subject to operational requirements; All costs associated with such training are borne by the employee representative; . Delegates will be provided with reasonable access to a phone, computer, Internet and a notice board: each Union will periodically supply a list of Delegates and contact numbers to the Appropriate Manager, People and Culture. - 16 - 



SECTION ID-EMPLOYMENT RELATIONSHIP 

24. Types of Employment 

Full-Time Employees 

24.1 A Full-Time Employee is an Employee other than a Casual or Part-Time Employee employed to work the 
minimum ordinary hours applicable to that classification as prescribed in this Agreement. 

24.2 See Clauses 61 and 95 for the prescribed ordinary hours. 

Part-Time Employees 

24.3 A Part-Time Employee is one employed to work fewer ordinary hours than the ordinary hours worked by a 
Full-Time Employee performing duties of the same classification and grade. 

24.4 The number of hours worked shall not be less than three hours per day. 

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

24.6 Except in cases of exceptional circumstances, Part-Time Employees shall not be required to work beyond 
their rostcred hours. 

24. 7 Where an Employee is requested to work beyond their rostered hours, such work shall not be perfonned 
without the genuine consent of the Employee. 

24.8 All time worked in excess of the hours as mutually arranged will be overtime and paid for at the rate prescribed 
in this Agreement. 

24.9 A Part-Time Employee shall be entitled to receive the san1e Annual Leave, Annual Leave loading, Long 
Service Leave and other Agreement benefits as those provided for Full-Time Employees in the same 
classification and grade on a pro rata basis. fn relation to expense related allowances, the Part-Time Employee 
will receive entitlements specified in the relevant clauses of this Agreement. 

Casual Employees 

24.10 A Casual Employee is engaged to work on an hourly or daily basis. 

24.1 l Casual employees will have a minimum engagement of three hours. 

24.12 Where overtime is worked by a casual employee who would otheri.vise be covered by the Clerks Private Sector 
Award 2020 classified as Clerk Grade I, Year 1 or Clerk Grade 1 , Year 2, they wi 11 be paid for such overtime 
at a rate no less than the rate they would receive were they covered by the Clerks Private Sector Award 2020. 

24.13 Where a casual employee who would otherwise be covered by the Clerks Private Sector Award 2020 is 
required to perform Public Holiday, weekend or shifi work, they will be paid the casual loading in addition to 
the applicable public holiday, weekend or shift loading. 

24.1 4 Where staff shortages are of a sho1t duration, Casual Employees may be employed to cover such absences. 
Such Employees shall be paid by the hour and receive a 20% loading which will be in lieu of Agreement 
entitlements to overtime and paid leave. 

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

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 SECTION 1D - EMPLOYMENT RELATIONSHIP 24. Types of Employment Full-Time Employees 24.1 A Full-Time Employee is an Employee other than a Casual or Part-Time Employee employed to work the minimum ordinary hours applicable to that classification as prescribed in this Agreement. 24.2 See Clauses 61 and 95 for the prescribed ordinary hours. Part-Time Employees 24.3 A Part-Time Employee is one employed to work fewer ordinary hours than the ordinary hours worked by a Full-Time Employee performing duties of the same classification and grade. 24.4 The number of hours worked shall not be less than three hours per day. 24.5 The work arrangement shall be subject to a Part-Time Work Agreement between the Employer and the Employee, which includes but is not limited to the numbers of hours to be worked by the Employee, the days on which they will be worked and the commencing and finishing times for work. Variations to the Part-Time Work Agreement may be made by consent and in writing, between the Employer and the Employee from time to time. 24.6 Except in cases of exceptional circumstances, Part-Time Employees shall not be required to work beyond their rostered hours. 24.7 Where an Employee is requested to work beyond their rostered hours, such work shall not be performed without the genuine consent of the Employee. 24.8 All time worked in excess of the hours as mutually arranged will be overtime and paid for at the rate prescribed in this Agreement. 24.9 A Part-Time Employee shall be entitled to receive the same Annual Leave, Annual Leave loading, Long Service Leave and other Agreement benefits as those provided for Full-Time Employees in the same classification and grade on a pro rata basis. In relation to expense related allowances, the Part-Time Employee will receive entitlements specified in the relevant clauses of this Agreement. Casual Employees 24.10 A Casual Employee is engaged to work on an hourly or daily basis. 24.11 Casual employees will have a minimum engagement of three hours. 24.12 Where overtime is worked by a casual employee who would otherwise be covered by the Clerks Private Sector Award 2020 classified as Clerk Grade 1, Year 1 or Clerk Grade 1. Year 2, they will be paid for such overtime at a rate no less than the rate they would receive were they covered by the Clerks Private Sector Award 2020. 24.13 Where a casual employee who would otherwise be covered by the Clerks Private Sector Award 2020 is required to perform Public Holiday, weekend or shift work, they will be paid the casual loading in addition to the applicable public holiday, weekend or shift loading. 24.14 Where staff shortages are of a short duration, Casual Employees may be employed to cover such absences. Such Employees shall be paid by the hour and receive a 20% loading which will be in lieu of Agreement entitlements to overtime and paid leave. 24.15 A Casual Employee shall be notified at the end of the day if their services are not required on the next working day. - 17 - 



Temporary Employees 

24.16 A Temporary Employee is an Employee, not already in the service of the Employer, who is recruited to fill a 
perrnat1ent or temporary position on a temporary basis for a maximum period of two years, or up to three years 
for a special project or a specific reason. 

24.17 A Temporary Employee shall be entitled to the san1e salary and conditions as permanent Employees in the 
same classification, unless otherwise prescribed by this Agreement. 

25. Temporary Appointments 

25.1 The Employer may engage a Temporary Employee, or an existing Employee on a temporary appointment, for 
a period oftv.o years in normal circumstances or ofup to three years for a special project or a specific reason. 

25.2 The Employer may fill a permanent position which is vacant with a Temporary Employee, or an existing 
Employee by way of secondment, temporary appointment, temporary transfer or higher duties, subject to a 
maximum period of three years. 

26. Managing Sick Leave Related Absences 

26.I The parties have agreed to implement a range of strategies to reduce average sick leave levels for Employees 
covered under this Agreement and have committed to achieving the following agreed target levels: 

• Salaried Operational Officers - 9 days per year 

• Salaried Administration Officers - 6 days per year 

• Senior Officers - 6 days per year. 

26.2 The Strategies to be implemented will include, but are not limited to, the following: 

26.2.1. a maximum number of five sick leave days which are not supported by a medical certificate 
allowed per year; 

26.2.2. payment of sick leave being provisional on an Employee: 

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

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

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

(d) the Employer will have sole discretion to accept other fonns of evidence to satisfy that an 
Employee had a genuine illness based on the individual circumstances including the Employee's 
absence history; 

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

(t) a requirement that any Employee on long term sick leave may be required by the Employer to 
participate in a Return to Work Program. 

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 Temporary Employees 24.16 A Temporary Employee is an Employee, not already in the service of the Employer, who is recruited to fill a permanent or temporary position on a temporary basis for a maximum period of two years, or up to three years for a special project or a specific reason. 24.17 A Temporary Employee shall be entitled to the same salary and conditions as permanent Employees in the same classification, unless otherwise prescribed by this Agreement. 25. Temporary Appointments 25.1 The Employer may engage a Temporary Employee, or an existing Employee on a temporary appointment, for a period of two years in normal circumstances or of up to three years for a special project or a specific reason. 25.2 The Employer may fill a permanent position which is vacant with a Temporary Employee, or an existing Employee by way of secondment, temporary appointment, temporary transfer or higher duties, subject to a maximum period of three years. 26. Managing Sick Leave Related Absences 26.1 The parties have agreed to implement a range of strategies to reduce average sick leave levels for Employees covered under this Agreement and have committed to achieving the following agreed target levels: Salaried Operational Officers - 9 days per year Salaried Administration Officers - 6 days per year Senior Officers - 6 days per year. . 26.2 The Strategies to be implemented will include, but are not limited to, the following: 26.2.1. a maximum number of five sick leave days which are not supported by a medical certificate allowed per year; 26.2.2. payment of sick leave being provisional on an Employee: (a) reporting the absence appropriately (i.e. as soon as reasonably practicable and provision of agreed information); and (b) if required, providing information such as the nature of illness or injury and the estimated duration of the absence (where an Employee is concerned about disclosing the nature of the illness to their manager, they may elect to have the application for sick leave dealt with confidentially by an alternative manager, a Health and Safety Officer or member of the People and Culture Division); (c) back dated medical certificates will only be accepted at the sole discretion of the Employer based on the individual circumstances, including the Employee's absence history; (d) the Employer will have sole discretion to accept other forms of evidence to satisfy that an Employee had a genuine illness based on the individual circumstances including the Employee's absence history; (e) Employees being placed on an absence management program may be required to provide a medical certificate for all sick leave absences, based on the individual circumstances including the Employee's absence history, (f) a requirement that any Employee on long term sick leave may be required by the Employer to participate in a Return to Work Program. - 18 - 



26.3 For the purpose of this clause Unacceptable Attendance Pattern means any pattern of absence, which the 
Employee's manager, on reasonable grounds, believes warrants the Employee being placed on an Absence 
Management Program, and includes: 

(a) failure to produce a medical ce1tificatc or other satisfactory evidence to support an absence where 
the Employee was under an obligation to do so: 

(b) a pattern of unplanned absences predominately on particular days of the week or during particular 
times of the year; 

( c) a high number of one to two-day unplanned absences, particularly for different reasons; 

(d) a pattern of unplanned sick leave immediately following or preceding RDOs, ADOs, Public 
Holidays or Annual Leave: 

( e) unplanned absence on a day which an Employee sought as a day off, but which was not approved; 

(t) unplanned absences on special events; 

(g) four or more absences (particularly single day absences), in a four-month period. 

26.4 The parties agree that in order to give full effect to the provisions of this clause that: 

26.4.1 Employees covered by this Agreement are under strict obligations to effectively manage their 
absence in order to achieve the targeted reduction in Sick Leave; and 

26.4.2 The Unions party to this Agreement will work co-operatively with the Employer to ensure the 
implementation and success of the Absence Management Procedures outlined in this clause and 
achievement of the targeted reductions in average Sick Leave levels. 

26.5 Absence Management Program Step 1 - Preliminary Discussion 

26.5.1 The Employee ,vill be interviewed by their supervisor or manager regarding any apparent 
unacceptable attendance pattern. Reasons for the absence history may be explored. Further 
medical inve~tigation and referrals may be required at this stage. 

26.5 .2 If, following discussion and any necessary forth er 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. 

26.6 Absence Management Program Step 2 - Placement on a Program 

26.6.1 Should an Employee's attendance pattern remain unsatisfactory, the Employee wi!l 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: 

(a) all unplanned absence due to personal illness or injury will need to be medically supported 
while the Employee remains on an Absence Management Program; 

(b) regular review meetings between the manager and Employee as required; 

(c) 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 discipline action; 

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 26.3 For the purpose of this clause Unacceptable Attendance Pattern means any pattern of absence, which the Employee's manager, on reasonable grounds, believes warrants the Employee being placed on an Absence Management Program, and includes: (a) failure to produce a medical certificate or other satisfactory evidence to support an absence where the Employee was under an obligation to do so; (b) a pattern of unplanned absences predominately on particular days of the week or during particular times of the year; (c) a high number of one to two-day unplanned absences, particularly for different reasons; (d) a pattern of unplanned sick leave immediately following or preceding RDOs, ADOs, Public Holidays or Annual Leave; (e) unplanned absence on a day which an Employee sought as a day off, but which was not approved; (f) unplanned absences on special events; (g) four or more absences (particularly single day absences), in a four-month period. 26.4 The parties agree that in order to give full effect to the provisions of this clause that: 26.4.1 Employees covered by this Agreement are under strict obligations to effectively manage their absence in order to achieve the targeted reduction in Sick Leave; and 26.4.2 The Unions party to this Agreement will work co-operatively with the Employer to ensure the implementation and success of the Absence Management Procedures outlined in this clause and achievement of the targeted reductions in average Sick Leave levels. 26.5 Absence Management Program Step 1 - Preliminary Discussion 26.5.1 The Employee will be interviewed by their supervisor or manager regarding any apparent unacceptable attendance pattern. Reasons for the absence history may be explored. Further medical investigation and referrals may be required at this stage. 26.5.2 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. 26.6 Absence Management Program Step 2 - Placement on a Program 26.6.1 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: (a) all unplanned absence due to personal illness or injury will need to be medically supported while the Employee remains on an Absence Management Program; (b) regular review meetings between the manager and Employee as required; (c) 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 discipline action; - 19 - 



(d) medical examination by a TnIB nominated doctor as required, including when reporting 
unplanned absences due to personal illness or injury; 

{e) 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. 

26. 7 Absence Management Program - Step 3 

26.7.1 Where an Employee's attendance pattern remains unacceptable, following implementation 
of steps I 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. 

26.8 Continuous Review 

26.8.l 

26.8.2 

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. 

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 on an Absence 
Management Program. 

27. Commitment to Business Reforms 

27.1 The parties acknowledge the need for continuous change and reform to support TJHB's operations. 

27.2 Flexible use of the temporary employment provisions in this Agreement to enable TJHB to reduce, where 
appropriate, reliance on contractors, consultants and agency temporary staff. 

27 .3 Any refonn or restructuring shal I be dealt with in accordance with the consultative mechanisms and dispute 
resolution provisions of this Agreement. 

27.4 The parties acknowledge that: 

27.4.l Part-Time and Casual Employees will not be used to disadvantage redeployment 
opportunities for existing Employees; 

27.4.:2 Priority will be given to retraining and redeployment; and 

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

28. Use of Eligibility Lists 

28.1 When a vacant position is advertised the Employer may, in connection with a determination of the merit 
of the persons eligible for appointment to the position, create an Eligibility list for the position. 

28.2 An Eligibility list for a position is a list of eligible applicants (namely the persons who duly applied for 
appointment to the position and who are eligible for appointment but not selected for appointment were 
considered suitable to the position but were not offered a position) arranged in order of merit ( with merit 
determined by the Employer). 

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 (d) medical examination by a TJHIB nominated doctor as required, including when reporting unplanned absences due to personal illness or injury; (e) 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. 26.7 Absence Management Program - Step 3 26.7.1 Where an Employee's attendance pattern remains unacceptable, following 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. 26.8 Continuous Review 26.8.1 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. 26.8.2 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 on an Absence Management Program. 27. Commitment to Business Reforms 27.1 The parties acknowledge the need for continuous change and reform to support TJHB's operations. 27.2 Flexible use of the temporary employment provisions in this Agreement to enable TJHB to reduce, where appropriate, reliance on contractors, consultants and agency temporary staff. 27.3 Any reform or restructuring shall be dealt with in accordance with the consultative mechanisms and dispute resolution provisions of this Agreement. 27.4 The parties acknowledge that: 27.4.1 Part-Time and Casual Employees will not be used to disadvantage redeployment opportunities for existing Employees; 27.4.2 Priority will be given to retraining and redeployment; and 27.4.3 There is no commitment to predetermined levels of overtime or shift work arrangements and the Employer will determine whether overtime is to be worked on an as needs basis, while shifts are determined by operational requirements. 28. Use of Eligibility Lists 28.1 When a vacant position is advertised the Employer may, in connection with a determination of the merit of the persons eligible for appointment to the position, create an Eligibility list for the position. 28.2 An Eligibility list for a position is a list of eligible applicants (namely the persons who duly applied for appointment to the position and who are eligible for appointment but not selected for appointment were considered suitable to the position but were not offered a position) arranged in order of merit (with merit determined by the Employer). - 20 - 



28.3 An Eligibility list for a position remains current for 12 months after the list was created and may or may 
not be used to fi!l future vacancies. 

28.4 An Eligibility list need not comprise all the eligible applicants so long as the list contains the applicant or 
applicants of greatest merit. 

28.5 An Eligibility list is applicable not only to the position in relation to which it was created ("the relevant 
position") but also: 

28.5.1. 

28.5.2. 

28.5.3. 

to any other position that the employer determines the list should be applicable to on the 
basis that the other position is substantially the same as the relevant position, and 

to any other position in a subsidiary corporation of State Transit that the employer 
detem1 in es the list should be applicable to on the basis that the other position is substantially 
the same as the relevant position, and 

to a permanent position where the relevant position was a temporary position. 

28.6 A determination by the Employer to fill a vacancy in accordance with this clause may be made at any time 
during the currency of ihe Eligibility list. 

28.7 In deciding to appoint a person to a vacant position that has not been advertised in accordance with this 
clause, the Employer may select from among the persons who arc on an Eligibility list that is current and 
applicable to the position (and who are available for appointment), the person with the greatest merit 
according to the order of merit in the Eligibility list. 

29. Employee Discipline 

29.1 Where an Employee is the subject of a preliminary investigation by the Employer which may result in the 
institution of disciplinary proceedings (Proceedings) or where proceedings have been commenced in 
respect of an Employee, the Employer shall make all reasonable endeavours to complete the investigation 
or proceedings in a timely manner, provided that: 

29.1.l. 

29.1.2. 

Any preliminary investigation or proceedings are completed no later than three months (the 
Specified Period) from the date on which the matter which gave rise to the investigation or 
proceedings, became known to the employer; and 

Where it is not reasonably practicable to complete a preliminary investigation or 
proceedings within the specified period, the Employer will advise the affected Employee in 
writing: 

29.1.2.1 

29.1.2.2 

29.1.2.3 

that it will not be possible to complete the preliminary investigation or the 
proceedings within the specified period; 

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

of the time period in which the Employer reasonably expects to complete the 
preliminary investigation or proceedings. 

30. Abandonment of Employment 

30.1 Where an Employee, within a period of28 calendar days from their last day of scheduled attendance for 
work, fails to establish, to the satisfaction of the Employer, that their absence is for a reasonable cause, the 
Employee will he deemed to have abandoned their employment. 

30.2 Prior to employment being deemed to be abandoned, the following procedure will be appl ied by the 
Employer: 

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 28.3 An Eligibility list for a position remains current for 12 months after the list was created and may or may not be used to fill future vacancies. 28.4 An Eligibility list need not comprise all the eligible applicants so long as the list contains the applicant or applicants of greatest merit. 28.5 An Eligibility list is applicable not only to the position in relation to which it was created ("the relevant position") but also: 28.5.1. to any other position that the employer determines the list should be applicable to on the basis that the other position is substantially the same as the relevant position, and 28.5.2. to any other position in a subsidiary corporation of State Transit that the employer determines the list should be applicable to on the basis that the other position is substantially the same as the relevant position, and 28.5.3. to a permanent position where the relevant position was a temporary position. 28.6 A determination by the Employer to fill a vacancy in accordance with this clause may be made at any time during the currency of the Eligibility list. 28.7 In deciding to appoint a person to a vacant position that has not been advertised in accordance with this clause, the Employer may select from among the persons who are on an Eligibility list that is current and applicable to the position (and who are available for appointment), the person with the greatest merit according to the order of merit in the Eligibility list. 29. Employee Discipline 29.1 Where an Employee is the subject of a preliminary investigation by the Employer which may result in the institution of disciplinary proceedings (Proceedings) or where proceedings have been commenced in respect of an Employee, the Employer shall make all reasonable endeavours to complete the investigation or proceedings in a timely manner, provided that: 29.1.1. Any preliminary investigation or proceedings are completed no later than three months (the Specified Period) from the date on which the matter which gave rise to the investigation or proceedings, became known to the employer; and 29.1.2. Where it is not reasonably practicable to complete a preliminary investigation or proceedings within the specified period, the Employer will advise the affected Employee in writing: 29.1.2.1 that it will not be possible to complete the preliminary investigation or the proceedings within the specified period; 29.1.2.2 to the extent that it does not breach the confidentiality or integrity of the preliminary investigation or proceedings, the reason/s why it will not be possible to complete the investigation or proceedings within the specified period; 29.1.2.3 of the time period in which the Employer reasonably expects to complete the preliminary investigation or proceedings. 30. Abandonment of Employment 0.1 Where an Employee, within a period of 28 calendar days from their last day of scheduled attendance for work, fails to establish, to the satisfaction of the Employer, that their absence is for a reasonable cause, the Employee will be deemed to have abandoned their employment. 0.2 Prior to employment being deemed to be abandoned, the following procedure will be applied by the Employer: - 21 - 



30.2.1. 

30.2.2. 

J0.2.3. 

30.2.4. 

The Employer will forward a letter (the First Letter) to the last known home address of the 
Employee requesting the Employee contact the employer, within seven days of the date of 
service of the First Letter, and provide a satisfactory explanation for their absence. 

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. 

Where the Employee fails to acknowledge the First Letter or no satisfactory explanation or 
supporting medical certificateis 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. 

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 
a satisfactory explanation or medical certificate/s supporting the whole of the absence. 

30.3 For the purpose of this clause service of the First Letter and or Second Letter will be effected 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. 

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 30.2.1. The Employer will forward a letter (the First Letter) to the last known home address of the Employee requesting the Employee contact the employer, within seven days of the date of service of the First Letter, and provide a satisfactory explanation for their absence. 30.2.2. 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. 30.2.3. 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. 30.2.4. 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 a satisfactory explanation or medical certificate/s supporting the whole of the absence. 30.3 For the purpose of this clause service of the First Letter and or Second Letter will be effected 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. - 22 - 



SECTION lE - LEA VE 

31. Personal Leave 

31.1 Personal Leave consists of the following three types of leave: Sick Leave, Carer's Leave and 
Compassionate/Bereavement Leave. 

31.2 Paid Persona! Leave will be available to an Employee when they are absent due to: 

• personal illness or injury (Sick Leave); or 

• for the purposes of caring for an immediate family or household member that is sick and requires 
the Employee's care and suppo1i (Carer's Leave); or 

• because of bereavement on the death of an immediate family or household member 
(Compassionate/Bereavement leave). 

31.3 All Employees, other than casual Employees, will be entitled to personal leave in accordance with this 
clause. Entitlements for Part-Time Employees will be calculated on a pro rata basis. 

31.4 This clause is to be read in conjunction with Clause 26 - Managing Sick Leave Related Absences. 

31.5 For the purpose of this clause: 

Tmmediate Family means: 

The staff member being responsible for the care and support of the person concerned; and the 
person concerned being: 

• a spouse of the staff member; or 

• a de facto spouse being a person who lives with the Employee as the Employee's partner on a 
bona fide domestic basis although not legally married to the Employee; or 

• a child or an adult child (including an adopted child, a step child, a foster child or an ex- nuptial 
child), parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of 
the staff member or of the spouse or de facto spouse of the staff member; or 

• a relative of the staff member who is a member of the same houschold, where for the purposes of 
this definition: 

• "relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures; 

• "affinity" means a relationship that one spouse or partner has to the relatives of the other: and 

• "household" means a family group living in the same domestic dwelling. 

Year means: 

• the period of 12 months from 1 January to 31 December inclusive. 

Current Paid Sick Leave means: 

• Paid Sick Leave which has accrued to an Employee's credit in the current calendar year which has 
not been cleared by the Employee as Paid Sick Leave. 

Accumulated Paid Sick Leave means: 

• Paid Sick Leave which accrued to an Employee's credit in any previous calendar year which has 
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 SECTION 1E - LEAVE 31. Personal Leave 31.1 Personal Leave consists of the following three types of leave: Sick Leave, Carer's Leave and Compassionate/Bereavement Leave. 31.2 Paid Personal Leave will be available to an Employee when they are absent due to: . personal illness or injury (Sick Leave); or . for the purposes of caring for an immediate family or household member that is sick and requires the Employee's care and support (Carer's Leave); or . because of bereavement on the death of an immediate family or household member (Compassionate/Bereavement leave). 31.3 All Employees, other than casual Employees, will be entitled to personal leave in accordance with this clause. Entitlements for Part-Time Employees will be calculated on a pro rata basis. 31.4 This clause is to be read in conjunction with Clause 26 - Managing Sick Leave Related Absences. $1.5 For the purpose of this clause: Immediate Family means: The staff member being responsible for the care and support of the person concerned; and the person concerned being: a spouse of the staff member; or · a de facto spouse being a person who lives with the Employee as the Employee's partner on a bona fide domestic basis although not legally married to the Employee; or a child or an adult child (including an adopted child, a step child, a foster child or an ex- nuptial . child), parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the staff member or of the spouse or de facto spouse of the staff member; or a relative of the staff member who is a member of the same household, where for the purposes of this definition: "relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures; "affinity" means a relationship that one spouse or partner has to the relatives of the other; and . . "household" means a family group living in the same domestic dwelling. Year means: . the period of 12 months from 1 January to 31 December inclusive. Current Paid Sick Leave means: Paid Sick Leave which has accrued to an Employee's credit in the current calendar year which has not been cleared by the Employee as Paid Sick Leave. Accumulated Paid Sick Leave means: Paid Sick Leave which accrued to an Employee's credit in any previous calendar year which has . - 23 - 



not been cleared by the Employee as paid sick leave. 

Paid Sick Leave 

Employees are entitlc:d to IS days of paid sick leave per year, except: 

• For Salaried and Senior Officers who commenced employment with the employer atter 9 May 
2006, the following scale will apply: 

• Up to seven years service: 10 days per annum. 

31.6 Paid Sick Leave wil I be credited on a pro rata basis in the first year of service. 

31.7 Sick Leave not used in any year shall accumulate. 

31.8 An Employee is entitled to use accumulated Personal Leave for the purposes of Sick Leave where the 
current year's Sick Leave entitlement has be~n exhausted. 

31.9 The Employee must, if required by the Employer, establish by production of a medical certificate or 
statutory declaration, that the Employee was unable to work because of injury or personal illness. 

Carer's Leave 

31.10 Paid Carer's Leave is deducted from paid Sick Leave. 

31.11 The entitlement to use up to a maximum of ten days per year paid Sick Leave, as paid Carer's Leave, does 
not accumulate from year to year. 

31.12 An Employee may elect, with the consent of the Employer, to take unpaid leave as Carer's Leave. 

31.13 Paid and unpaid Carer's Leave may be taken for part of a single day. 

31.14 An Employee's entitlement to use paid or unpaid Carer's Leave is subject to the following: 

(a) the Employee having responsibilities in relation to either members of their immediate family or 
household who need their care and support when they are ill; and 

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

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

30.17.1. The Employer may require an Employee to provide a medical certificate to support the 
application for Carer's Leave where: 

• the period of Carer's Leave applied for exceeds or extends over a continuous 
period of three or more days on any occasion; or 

• the Employee has exhausted all paid Carer's Leave; or 

• the Employee, within the CUITent year, has already cleared five days paid Carer's 
Leave which were not supported by the production of a medical certificate; or 

• the Employee has been placed on an attendance monitoring program and directed 
to supply medical certificates to support all future applications for Sick Leave 
and Carer's Leave. 

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 not been cleared by the Employee as paid sick leave. Paid Sick Leave Employees are entitled to 15 days of paid sick leave per year, except: For Salaried and Senior Officers who commenced employment with the employer after 9 May 2006, the following scale will apply: . Up to seven years service: 10 days per annum. 31.6 Paid Sick Leave will be credited on a pro rata basis in the first year of service. 31.7 Sick Leave not used in any year shall accumulate. 31.8 An Employee is entitled to use accumulated Personal Leave for the purposes of Sick Leave where the current year's Sick Leave entitlement has been exhausted. 31.9 The Employee must, if required by the Employer, establish by production of a medical certificate or statutory declaration, that the Employee was unable to work because of injury or personal illness. Carer's Leave 31.10 Paid Carer's Leave is deducted from paid Sick Leave. 31.11 The entitlement to use up to a maximum of ten days per year paid Sick Leave, as paid Carer's Leave, does not accumulate from year to year. 31.12 An Employee may elect, with the consent of the Employer, to take unpaid leave as Carer's Leave. 31.13 Paid and unpaid Carer's Leave may be taken for part of a single day. 31.14 An Employee's entitlement to use paid or unpaid Carer's Leave is subject to the following: (a) the Employee having responsibilities in relation to either members of their immediate family or household who need their care and support when they are ill; and (b) the Employee being responsible for the care of the person concerned. 31.15 The Employee must establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another, provided that: 30.17.1. The Employer may require an Employee to provide a medical certificate to support the application for Carer's Leave where; the period of Carer's Leave applied for exceeds or extends over a continuous period of three or more days on any occasion; or · the Employee has exhausted all paid Carer's Leave; or the Employee, within the current year, has already cleared five days paid Carer's Leave which were not supported by the production of a medical certificate; or the Employee has been placed on an attendance monitoring program and directed to supply medical certificates to support all future applications for Sick Leave and Carer's Leave. - 24 - 



30.17.2. In no1mal circumstances an Employee must not take Carer's Leave under this clause 
where another person has taken leave to care for the same person. 

31.I 6 The Employee must, where practicable, give the Employer notice prior to the absence of the intention to 
take leave, the name of the person requiring care and their relationship to the Employee, the reasons for 
taking such leave and the estimated length of absence. If it is not practicable for the Employee to give prior 
notice of absence, the Employee must notif)· the Employer by telephone of such absence at the first 
opportunity on the day of absence. 

Compassionate/Bereavement Leave 

31.l 7 An Employee is entitled to up to two days paid leave on each occasion a member of the Employee' s 
immediate family or household dies. 

31.18 Proof of death must be provided to the satisfaction of the Employer. 

32. Annual Leave 

32.1 For the purposes of this clause: 

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

• Excess Annual Leave means all Accumulated Annual Leave in excess of 30 days. 

32.2 Annual Leave shall be allowed as provided by the National Employment Standards. 

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

32.3.1. 

32.3.2. 

non-shift ·work Employees accrue four weeks Annual Leave per annum. This is made up 
of 19 days Annual Leave and one ADO. 

shift work Employees accrue five weeks annual leave per annum. This is made up of 24 
days Annual Leave and one ADO. For the purposes of this clause, a shift worker is a 7 
day shift worker who is regularly rostered to work on Sundays and public holidays. 

32.4 The parties recognise the workplace health and safety benefits of Employees properly taking their Annual 
Leave. An Employee holding Excess Annual Leave may be directed by the Employer to clear such leave 
provided the Employee be given as nearly as practicable one months notice of the date on which Annual 
Leave is to commence and the period to be cleared. 

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

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

32.7 The Employer may deduct from any moneys payable under sub-clause 32.5 the value of any loss suffered 
by him for which an Officer who retires, resigns or is dismissed is responsible. 

32.8 The Employer may approve the accumulation by an Employee of more than 30 days excess Annual Leave, 
for certain purposes including, but not limited to, Parental Leave, subject to arrangements having been 
made by the Employee to clear such leave. 

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 30.17.2. In normal circumstances an Employee must not take Carer's Leave under this clause where another person has taken leave to care for the same person. 31.16 The Employee must, where practicable, give the Employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the Employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the Employee to give prior notice of absence, the Employee must notify the Employer by telephone of such absence at the first opportunity on the day of absence. Compassionate/Bereavement Leave 31.17 An Employee is entitled to up to two days paid leave on each occasion a member of the Employee's immediate family or household dies. 31.18 Proof of death must be provided to the satisfaction of the Employer. 32. Annual Leave 32.1 For the purposes of this clause: . Accumulated Annual Leave means any Annual Leave accrued by an Employee prior to 1 January of the current calendar year, · Excess Annual Leave means all Accumulated Annual Leave in excess of 30 days. 32.2 Annual Leave shall be allowed as provided by the National Employment Standards. 32.3 Annual Leave accrues to an Employee on a pro-rata basis over a calendar year as shown below: 32.3.1. non-shift work Employees accrue four weeks Annual Leave per annum. This is made up of 19 days Annual Leave and one ADO. 32.3.2. shift work Employees accrue five weeks annual leave per annum. This is made up of 24 days Annual Leave and one ADO. For the purposes of this clause, a shift worker is a 7 day shift worker who is regularly rostered to work on Sundays and public holidays. 32.4 The parties recognise the workplace health and safety benefits of Employees properly taking their Annual Leave. An Employee holding Excess Annual Leave may be directed by the Employer to clear such leave provided the Employee be given as nearly as practicable one months notice of the date on which Annual Leave is to commence and the period to be cleared. 32.5 Except where payment has already been made in lieu of clearance where an officer, who has acquired a right to leave with pay, retires, resigns or is dismissed before commencing or completing such leave, shall be paid the monetary value of the leave not taken or not completed. 32.6 Except where payment has already been made in lieu of clearance where an Officer who has acquired a right to leave with pay dies before commencing or completing such leave, the monetary value of the leave not taken or not completed shall be paid to their spouse or partner or if the officer does not leave a spouse or partner to their legal personal representative. 32.7 The Employer may deduct from any moneys payable under sub-clause 32.5 the value of any loss suffered by him for which an Officer who retires, resigns or is dismissed is responsible. 32.8 The Employer may approve the accumulation by an Employee of more than 30 days excess Annual Leave, for certain purposes including, but not limited to, Parental Leave, subject to arrangements having been made by the Employee to clear such leave. 25 - 



32.9 Annual Leave Loading 

• An Employee who has been a shift worker for greater than six months in the previous twelve 
months prior to commencing Annual leave, shall be paid a loading at the rate of20 per cent of 
the appropriate weekly wage when proceeding on Annual Leave. 

• Any other Employee when proceeding on Annual Leave shall be paid a loading at the rate of 
17.5% of the appropriate weekly wage. 

32.10 Loading will be paid on Annual Leave balances that have not previously incurred payment for loading 
(e.g. STAAccumulated Annual Leave). 

33. Leave for Matters Arising from Domestic and Family Violence 

33.1 Employees have access to 10 days paid Domestic and Family Violence Leave per calendar year. 

33.2 This leave is non-cumulative and able to be taken in part-days, single days, or consecutive days. 

33.3 Leave is to be available for Employees experiencing domestic and family violence, for purposes including: 

1. seeking safe accommodation; 
ii. attending medical, legal, police or counselling appointments relating to their experience of 

domestic and family violence; 
iii. attending court and other legal proceedings relating to their experience of domestic and fami ly 

violence; 
1v. organising alternative care or education arrangements for their children; or 
1v. other related purposes approved by the Employer. 

33.4 The Employer will need to be satisfied, on reasonable grounds, that Domestic and Family Violence has 
occurred and may require evidence presented in the form of: 

1. an agreed document issued by either Police Force, a Court, a Domestic Violence Support Service 
or Lawyer; or 

11. a provisional, interim or final Apprehended Violence Order (AYO), certificate of conviction or 
family law injunction; or 

u 1. a medical certificate. 

33.5 Personal information concerning Domestic and Family Violence will be kept confidential by the 
Employer. The Employer will only disclose information to other parties, such as the Police Force, where 
required hy law. 

33.6 The Employer will consider any request from an Employee experiencing Domestic and Family Violence 
for: 

i. changes to their hours of work; 
ii. relocation to alternate locations should suitable work be available; 
u1. changes to telephone, email and other contact details: 
1v. changes to duties, should such changes be practical; and 
v. any other reasonable measure to assist the Employee. 

The approval of such requests will be at the Employer's discretion but will not be unreasonably refused. 

33.7 This leave entitlement can be accessed without the need to exhaust other existing leave entitlements first. 

33.8 The leave entitlement can be accessed by Temporary and Part-Time Employees on a pro-rata basis. 

34. Long Service Lenve 

34.1 Long Service Leave (Extended Leave) for Employees will accrue and be granted as if section 68Q of the 
Transport Administration Act 1988 (NSW), together with Schedule I of the Government Sector 

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 32.9 Annual Leave Loading . An Employee who has been a shift worker for greater than six months in the previous twelve months prior to commencing Annual Leave, shall be paid a loading at the rate of 20 per cent of the appropriate weekly wage when proceeding on Annual Leave. . Any other Employee when proceeding on Annual Leave shall be paid a loading at the rate of 17.5% of the appropriate weekly wage. 32.10 Loading will be paid on Annual Leave balances that have not previously incurred payment for loading (e.g. STA Accumulated Annual Leave). 33. Leave for Matters Arising from Domestic and Family Violence 33.1 Employees have access to 10 days paid Domestic and Family Violence Leave per calendar year. 33.2 This leave is non-cumulative and able to be taken in part-days, single days, or consecutive days. 33.3 Leave is to be available for Employees experiencing domestic and family violence, for purposes including: 1. seeking safe accommodation; 11. attending medical, legal, police or counselling appointments relating to their experience of domestic and family violence; attending court and other legal proceedings relating to their experience of domestic and family violence; iv. organising alternative care or education arrangements for their children; or iv. other related purposes approved by the Employer. 33.4 The Employer will need to be satisfied, on reasonable grounds, that Domestic and Family Violence has occurred and may require evidence presented in the form of: i. an agreed document issued by either Police Force, a Court, a Domestic Violence Support Service or Lawyer; or ii. a provisional, interim or final Apprehended Violence Order (AVO), certificate of conviction or family law injunction; or iii. a medical certificate. 33.5 Personal information concerning Domestic and Family Violence will be kept confidential by the Employer. The Employer will only disclose information to other parties, such as the Police Force, where required by law. 33.6 The Employer will consider any request from an Employee experiencing Domestic and Family Violence for: changes to their hours of work; 11. relocation to alternate locations should suitable work be available; 111. changes to telephone, email and other contact details; 1V. changes to duties, should such changes be practical; and V. any other reasonable measure to assist the Employee. The approval of such requests will be at the Employer's discretion but will not be unreasonably refused. 33.7 This leave entitlement can be accessed without the need to exhaust other existing leave entitlements first. 33.8 The leave entitlement can be accessed by Temporary and Part-Time Employees on a pro-rata basis. 34. Long Service Leave 34.1 Long Service Leave (Extended Leave) for Employees will accrue and be granted as if section 68Q of the Transport Administration Act 1988 (NSW), together with Schedule 1 of the Government Sector - 26 - 



Employment Regulation 2014 or succeeding Act applied. 

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

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

34.4 The Employer may deduct from any moneys payable under 34.2 the value of any loss suffered by him or 
her for which an officer who retires, resigns or is dismissed is responsible. 

35. Fleiible Use of Long Service Leave 

35.1 An Employee may make application to use accrued Long Service Leave entitlements to provide regular 
reduced working time for personal reasons. 

35.2 An Employee may apply to use Long Service Leave entitlements to enable the Employee to access for 
example, one day's leave per week or fortnight or one week's leave per month. 

35.3 Applications for flexible use of Long Service Leave will be approved at the Employer's discretion, taking 
into consideration operational and service delivery requirements. 

35.4 The terms and conditions under which an Employee may be permitted flexible use of Long Service Leave 
are also subject to the Employer policy and procedures. 

36. Parental Leave 

36.1 Parental Leave includes Maternity Leave, Adoption Leave and Other Parent Leave in connection with the 
birth or adoption of a child. 

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

• a child of the Employee under the age of one; or 

• in the case of adoption: a eh ild under the age of five years who is placed with the Employee for 
the purposes of adoption, other than a child or step-child of the Employee or their spouse or a 
eh ild who had previously continuously I ived with the Employee for a period of six months or 
more. 

36.3 Maternity Leave shall apply to a pregnant Employee including a Casual Employee who has had at least 
twelve months continuous service, before and after the expected date of birth. Continuous service for a 
casual means work on an unbroken, systematic and regular basis. 

36.4 Subject to this clause and the Employer's policy, the Employee may be granted Maternity Leave as 
follows: 

• For a period up to 9 weeks prior to the expected date of birth; and 

• For a period of up to 12 months after the actual date of birth. 

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

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 Employment Regulation 2014 or succeeding Act applied. 34.2 Except where payment has already been made where an officer, who has acquired a right to leave with pay, resigns or is dismissed before commencing or completing such leave, shall be paid the monetary value of the leave not taken or not completed. 34.3 Except where payment has already been made where an officer, who has acquired a right to leave with pay dies before commencing or completing such leave, the monetary value of the leave not taken or not completed shall be paid to their spouse or partner or if the officer does not leave a spouse or partner to their legal personal representative. 34.4 The Employer may deduct from any moneys payable under 34.2 the value of any loss suffered by him or her for which an officer who retires, resigns or is dismissed is responsible. 35. Flexible Use of Long Service Leave 35.1 An Employee may make application to use accrued Long Service Leave entitlements to provide regular reduced working time for personal reasons. 35.2 An Employee may apply to use Long Service Leave entitlements to enable the Employee to access for example, one day's leave per week or fortnight or one week's leave per month. 35.3 Applications for flexible use of Long Service Leave will be approved at the Employer's discretion, taking into consideration operational and service delivery requirements. 35.4 The terms and conditions under which an Employee may be permitted flexible use of Long Service Leave are also subject to the Employer policy and procedures. 36. Parental Leave 36.1 Parental Leave includes Maternity Leave, Adoption Leave and Other Parent Leave in connection with the birth or adoption of a child. 36.2 For the purposes of this clause 'child' means: a child of the Employee under the age of one; or . in the case of adoption: a child under the age of five years who is placed with the Employee for the purposes of adoption, other than a child or step-child of the Employee or their spouse or a child who had previously continuously lived with the Employee for a period of six months or more. 36.3 Maternity Leave shall apply to a pregnant Employee including a Casual Employee who has had at least twelve months continuous service, before and after the expected date of birth. Continuous service for a casual means work on an unbroken, systematic and regular basis. 36.4 Subject to this clause and the Employer's policy, the Employee may be granted Maternity Leave as follows: For a period up to 9 weeks prior to the expected date of birth; and . For a period of up to 12 months after the actual date of birth. 36.5 Adoption Leave shall apply to an Employee including a Casual Employee who has had at least twelve months continuous service, who is adopting a child and who will be the primary carer to the child. Continuous service for a casual means work on an unbroken, systematic and regular basis. Subject to this clause and the Employer's policy, the Employee may be granted adoption leave for a period of up to 12 months from the date of taking of custody of the child. - 27 - 



36.6 Where Maternity or Adoption Leave does not apply, Other Parent Leave may be available to a male or 
female Employee including a Casual Employee who has had at least twelve rnonths continuous service 
who will be the primary carer for his/her child. Continuous service for a casual means work on an 
unbroken, systematic and regular basis. Subject to this clause and the Employer's policy, the Employee 
may be granted Other Parent Leave for a period of up to 12 months. Other Parent Leave is unpaid, except 
where taken in conjunction with paid leave such as Annual or Long Service Leave. 

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

• for Maternity and Other Parent Leave, an unbroken period of eight weeks at the time of the birth 
of the child; 

• for Adoption Leave, an unbroken period of eight weeks at the time of the placement of the child. 

Paid Maternity Leave and Paid Adoption Leave 

36.8 An Employee other than a Casual Employee taking Maternity Leave or Adoption Leave is entitled to 
payment at the ordinary rate of pay for a period of up to fourteen weeks, provided the Employee: 

• Applied for Maternity or Adoption Leave within the time and in the manner determined set out in 
this clause; and 

• Prior to the (;Ommencement of Maternity or Adoption Leave, completed not less than 40 weeks 
continuous service. 

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

36.9 Once all entitlements to pay have been exhausted, the balance of tvfatemity or Adoption Leave shall be 
unpaid, 

36.10 Payment for the Maternity or Adoption Leave may be made as follows: 

• in a lump sum payment at the commencement of Maternity or Adoption Leave; or 

• as full pay on a fortnightly basis while on Maternity or Adoption Leave; or 

• as half pay on a fortnightly basis while on Maternity or Adoption Leave; or 

• a combination offull pay and half pay while on Maternity or Adoption Leave. 

36.11 Paid Maternity or Adoption Leave shall be taken in one unbroken period and shall not be extended by any 
period of public or other holidays that occur during the period of the paid Maternity or Adoption Leave. 

Access to other forms of leave 

36.12 In addition to paid Parental Leave where applicable, an Employee may elect to take available Annual 
Leave or Long Service Leave at the commencement or conclusion of the period of Parental Leave, 
provided this does not extend the total leave period beyond the allowable period, and that the period of 
unpaid Parental Leave is not broken by any paid leave. 

36.13 The accrued Annual Leave can be taken: 

• in a lump sum payment at the commencement or conclusion of Parental Leave 

• as full pay while on Parental Leave, provided it does not break up the unpaid Parental Leave 
period. 

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 36.6 Where Maternity or Adoption Leave does not apply, Other Parent Leave may be available to a male or female Employee including a Casual Employee who has had at least twelve months continuous service who will be the primary carer for his/her child. Continuous service for a casual means work on an unbroken, systematic and regular basis. Subject to this clause and the Employer's policy, the Employee may be granted Other Parent Leave for a period of up to 12 months. Other Parent Leave is unpaid, except where taken in conjunction with paid leave such as Annual or Long Service Leave. 36.7 Parental Leave is available to only one parent at a time, except that both parents may simultaneously access the leave in the following circumstances: for Maternity and Other Parent Leave, an unbroken period of eight weeks at the time of the birth of the child; . for Adoption Leave, an unbroken period of eight weeks at the time of the placement of the child. Paid Maternity Leave and Paid Adoption Leave 36.8 An Employee other than a Casual Employee taking Maternity Leave or Adoption Leave is entitled to payment at the ordinary rate of pay for a period of up to fourteen weeks, provided the Employee: Applied for Maternity or Adoption Leave within the time and in the manner determined set out in this clause; and Prior to the commencement of Maternity or Adoption Leave, completed not less than 40 weeks . continuous service. (Note: Employee taking 'Other Parent Leave' is not entitled to any payment, except for period(s) of paid leave taken as part of 'Other Parent Leave'). 36.9 Once all entitlements to pay have been exhausted, the balance of Maternity or Adoption Leave shall be unpaid. 36.10 Payment for the Maternity or Adoption Leave may be made as follows: in a lump sum payment at the commencement of Maternity or Adoption Leave; or .. as full pay on a fortnightly basis while on Maternity or Adoption Leave; or as half pay on a fortnightly basis while on Maternity or Adoption Leave; or a combination of full pay and half pay while on Maternity or Adoption Leave. . 36.11 Paid Maternity or Adoption Leave shall be taken in one unbroken period and shall not be extended by any period of public or other holidays that occur during the period of the paid Maternity or Adoption Leave. Access to other forms of leave 36.12 In addition to paid Parental Leave where applicable, an Employee may elect to take available Annual Leave or Long Service Leave at the commencement or conclusion of the period of Parental Leave, provided this does not extend the total leave period beyond the allowable period, and that the period of unpaid Parental Leave is not broken by any paid leave. 36.13 The accrued Annual Leave can be taken: in a lump sum payment at the commencement or conclusion of Parental Leave as full pay while on Parental Leave, provided it does not break up the unpaid Parental Leave . period. - 28 - 



36.14 The accrued Long Seivice Leave can be taken: 

• in a lump sum payment at the commencement or conclusion of Parental Leave 

• as full pay while on Parental Leave, provided it does not break up the unpaid Parental Leave 
period. 

• as half pay while on Parental Leave, provided it does not break up the unpaid Parental Leave 
period. 

• a combination of full pay and half pay, provided it docs not break up the unpaid Parental Leave 
period. 

36.15 An Employee who takes Maternity, Adoption or Other Parent Leave must clear any Accumulated Annual 
Leave entitlements in excess of30 days before commencing any unpaid period of Maternity, Adoption or 
Other Parent Leave. 

Right to Request 

36.16 An Employee who has been granted Parental Leave in accordance with this clause may apply to: 

• extend the period of unpaid Parental Leave for a further continuous period of leave of up to 12 
months; 

• return from a period of full time Parental Leave on a part time basis or on a job share 
arrangement; 

• to assist the Employee in reconciling work and parental responsibilities. 

36. 17 Applications must be made in writing as soon as practicable, preferably before commencing Parental 
Leave, or at least four weeks before the proposed return date. 

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

36.19 Any Employee approved to take extended Maternity, Adoption or Other Parent Leave will be required to 
clear all Accumulated Annual Leave prior to commencing extended Parental Leave. 

Notification Requirements 

36.20 An Employee must not unreasonably withhold notice of intention to apply for Parental Leave. 

36.21 An Employee who wishes to take Parental Leave must provide notice to the Employer in writing at least 
ten weeks before the expected commencement of Parental leave, together with: 

(a) For hfaternity and Other Parent Leave: A certificate from a registered medical practitioner which 
states the Employee ( or their spouse) is pregnant and the expected date of birth, 

(b) For Adoption Leave: Written evidence from the adopting agency/other appropriate body of the 
expected date of placement, and 

( c) A statutory declaration stating: 

• the period of leave sought is so that the Employee can be the primary caregiver to the child, 
• detail any particulars of any period of Parental Leave sought or taken by their spouse, 

• that for the period of Parental Leave, the Employee will not engage in any conduct inconsistent 
with their contract of employment, and 

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 36.14 The accrued Long Service Leave can be taken: in a lump sum payment at the commencement or conclusion of Parental Leave . as full pay while on Parental Leave, provided it does not break up the unpaid Parental Leave period. as half pay while on Parental Leave, provided it does not break up the unpaid Parental Leave period. . a combination of full pay and half pay, provided it does not break up the unpaid Parental Leave period. 36.15 An Employee who takes Maternity, Adoption or Other Parent Leave must clear any Accumulated Annual Leave entitlements in excess of 30 days before commencing any unpaid period of Maternity, Adoption or Other Parent Leave. Right to Request 36.16 An Employee who has been granted Parental Leave in accordance with this clause may apply to: . extend the period of unpaid Parental Leave for a further continuous period of leave of up to 12 months; . return from a period of full time Parental Leave on a part time basis or on a job share arrangement; . to assist the Employee in reconciling work and parental responsibilities. 36.17 Applications must be made in writing as soon as practicable, preferably before commencing Parental Leave, or at least four weeks before the proposed return date. 36.18 The Employer shall consider the request having regard to the Employee's circumstances and the effect on the workplace and/or the Employer's business. 36.19 Any Employee approved to take extended Maternity, Adoption or Other Parent Leave will be required to clear all Accumulated Annual Leave prior to commencing extended Parental Leave. Notification Requirements 36.20 An Employee must not unreasonably withhold notice of intention to apply for Parental Leave. 36.21 An Employee who wishes to take Parental Leave must provide notice to the Employer in writing at least ten weeks before the expected commencement of Parental leave, together with: (a) For Maternity and Other Parent Leave: A certificate from a registered medical practitioner which states the Employee (or their spouse) is pregnant and the expected date of birth, (b) For Adoption Leave: Written evidence from the adopting agency/other appropriate body of the expected date of placement, and (c) A statutory declaration stating: . the period of leave sought is so that the Employee can be the primary caregiver to the child, detail any particulars of any period of Parental Leave sought or taken by their spouse, that for the period of Parental Leave, the Employee will not engage in any conduct inconsistent with their contract of employment, and - 29 - 



( d) A written notification of: 

• the period the Employee proposes to take Parental Leave, 

• if she/he is likely to make a request to extend Parental Leave beyond the 12 months, and.,or, 

• if sheihe is likely to make a request to return to work on a part-time or job-share affangement. 

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

36.23 An Employee on Maternity leave must notify the Employer of the date on which she gave birth as soon as 
she can conveniently do so. An Employee must notify the Employer as soon as practicable of any changes 
associated with a premature delivery or miscarriage. 

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

Variation of Parental Leave 

36.25 Unless agreed otherwise between the Employer and Employee, an Employee may apply to the Employer 
to change the period of Parental Leave on one occasion. Any such change is to be notified at least four 
weeks prior to the commencement of the new arrangements. unless otherwise agreed. 

Return to work after a period of Parental Leave 

36.26 An Employee who has taken approved Parental Leave for 12 months or less and resumes duty immediately 
after the approved period, is entitled to retum to the position held immediately prior to going on Parental 
Leave, if the position still exists, ff the position no longer exists but there are other positions available that 
the employee is qualified for and is capable of performing, the employee is entitled to be employed in a 
position as nearly as possible comparable in status and pay to that of the employee's former position. 

36.27 In the case of an Employee transferred to a safe job pursuant to sub-clause 36.30 the Employee will be 
entitled to return to the position they held immediately before such transfer. If the position no longer exists 
but there are other positions available that the Employee is qualified for and is capable of performing, the 
Employee is entitled to be employed in a position as nearly as possible comparable in status and pay to 
that of the Employee's former positior,. 

Communication during Parental Leave 

36.28 The Employee shall take reasonable steps to inform the Employer about any matter that will affect the 
Employee's decision regarding the duration of Maternity, Adoption or Other Parent Leave to be taken, 
whether the Employee intends to return to work and whether the Employee intends to request to return to 
work on a part-time basis. 

36.2 9 The Employee shall also noti I)' the Employer of changes of address or other contact details which might 
affect the Employer's capacity to communicate with the Employee. 

Health and safety of pregnant Employees 

36.30 lf, for any reason, a pregnant Employee is having difTiculty in performing her normal duties or there is a 
risk to her health or to that of her unborn child, as certified by a medical examiner, the Employer should, 
in consultation with the Employee, take all reasonable measures to arrange for safer alternative duties. 
This may include, but is not limited to greater tlexibility in when and where duties are carried out, a 
temporary change in duties, retraining, multi-ski\ling, working from home and job redesign. 

36.28. If such adjustments cannot reasonably be made, the Employee may elect, or the Employer may 

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 (d) A written notification of: · the period the Employee proposes to take Parental Leave, . if she/he is likely to make a request to extend Parental Leave beyond the 12 months, and/or, . if she/he is likely to make a request to retum to work on a part-time or job-share arrangement. 36.22 An Employee will not be in breach of this clause if failure to give the required notice period is because of the birth occurring earlier than the presumed date or because of the child being placed earlier than the expected date of placement. 36.23 An Employee on Maternity leave must notify the Employer of the date on which she gave birth as soon as she can conveniently do so. An Employee must notify the Employer as soon as practicable of any changes associated with a premature delivery or miscarriage. 36.24 Where the placement of a child for adoption does not proceed or continue, the Employee is to notify the Employer immediately and the Employer may nominate a time not exceeding four weeks from receipt of notification for the Employee to return to work. Variation of Parental Leave 36.25 Unless agreed otherwise between the Employer and Employee, an Employee may apply to the Employer to change the period of Parental Leave on one occasion. Any such change is to be notified at least four weeks prior to the commencement of the new arrangements, unless otherwise agreed. Return to work after a period of Parental Leave 36.26 An Employee who has taken approved Parental Leave for 12 months or less and resumes duty immediately after the approved period, is entitled to return to the position held immediately prior to going on Parental Leave, if the position still exists. If the position no longer exists but there are other positions available that the employee is qualified for and is capable of performing, the employee is entitled to be employed in a position as nearly as possible comparable in status and pay to that of the employee's former position. 36.27 In the case of an Employee transferred to a safe job pursuant to sub-clause 36.30 the Employee will be entitled to return to the position they held immediately before such transfer. If the position no longer exists but there are other positions available that the Employee is qualified for and is capable of performing, the Employee is entitled to be employed in a position as nearly as possible comparable in status and pay to that of the Employee's former position, Communication during Parental Leave 36.28 The Employee shall take reasonable steps to inform the Employer about any matter that will affect the Employee's decision regarding the duration of Maternity, Adoption or Other Parent Leave to be taken, whether the Employee intends to return to work and whether the Employee intends to request to return to work on a part-time basis. 36.29 The Employee shall also notify the Employer of changes of address or other contact details which might affect the Employer's capacity to communicate with the Employee. Health and safety of pregnant Employees 36.30 If, for any reason, a pregnant Employee is having difficulty in performing her normal duties or there is a risk to her health or to that of her unborn child, as certified by a medical examiner, the Employer should, in consultation with the Employee, take all reasonable measures to arrange for safer alternative duties. This may include, but is not limited to greater flexibility in when and where duties are carried out, a temporary change in duties, retraining, multi-skilling, working from home and job redesign. 36.28. If such adjustments cannot reasonably be made, the Employee may elect, or the Employer may - 30 - 



require the Employee to commence Maternity Leave, or to access any available leave, for as 
long as it is necessary to avoid exposure to that risk, as certified by a medical practitioner, or 
until the child is horn which ever is the earlier. 

36.29. Where a pregnant Employee continues to work within the six week period immediately prior to 
the expected date of birth, or where the Employee elects to return to work with in six weeks 
after the birth of the child, an Employer may require the Employee to provide a medical 
certificate stating that she is fit to work on her nonnal duties. 

37. Out of Home Care Leave 

37.1 Employees are entitled to Out of Home Care Leave when they are the primary carer undertaking the 
permanent care of a child. 

37.2 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. 

37.3 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. 

37.4 Out of Home Care leave rnmmences at the date of placement of the child. 

37.5 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. 

38. Altruistic Surrogacy Leave 

38.1 General 

38.1.1 Employees are entitled to Altruistic Sun-ogaey Leave when they are to be the care giver ofa child 
subject to a parentage order made under the Surrogacy A et 2010. 

38.1 .2 Altruistic Surrogacy Leave commences on the date that the Employee assumes the role of 
primary caregiver of the child. 

38.2 Paid Altruistic Surrogacy Leave 

38.2.1 Employees who have completed at least 40 weeks continuous service prior to the commeneementof 
altruistic surrogacy leave are entitled to paid leave at their ordinary rate of pay for: 

(i) fourteen weeks, or 

(ii) the period of Altruistic Surrogacy Leave taken, whichever is the lesser period. 

38.2.2 Leave may be taken at full pay, half pay or as a lump sum. 

38.3 Unpaid Altruistic Surrogacy Leave 

38.3.1 Employees are entitled to altruistic surrogacy leave for a maximum period of 12 months. 

38.3.2 Employees who take Altruistic Su1TOgacy Leave may also reach agreement with the Employer to also 
take leave: 

(a) part-time for a period not exceeding two years; or 

(b) partly full-time and partly part-time over a proportionate period ofup to two years. 

38.4 Specific evidentiary requirements applicable to taking altruistic surrogacy leave: 

38.4.1 Employees are to notify the Employer at least four months before the expected birth and provide a 
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 require the Employee to commence Maternity Leave, or to access any available leave, for as long as it is necessary to avoid exposure to that risk, as certified by a medical practitioner, or until the child is born which ever is the earlier. 36.29. Where a pregnant Employee continues to work within the six week period immediately prior to the expected date of birth, or where the Employee elects to return to work within six weeks after the birth of the child, an Employer may require the Employee to provide a medical certificate stating that she is fit to work on her normal duties. 37. Out of Home Care Leave 37.1 Employees are entitled to Out of Home Care Leave when they are the primary carer undertaking the permanent care of a child. 37.2 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. 37.3 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. 37.4 Out of Home Care leave commences at the date of placement of the child. 37.5 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. 38. Altruistic Surrogacy Leave 38.1 General 38.1.1 Employees are entitled to Altruistic Surrogacy Leave when they are to be the care giver of a child subject to a parentage order made under the Surrogacy Act 2010. 38.1.2 Altruistic Surrogacy Leave commences on the date that the Employee assumes the role of primary caregiver of the child. 38.2 Paid Altruistic Surrogacy Leave 38.2. 1 Employees who have completed at least 40 weeks continuous service prior to the commencement of altruistic surrogacy leave are entitled to paid leave at their ordinary rate of pay for: (i) fourteen weeks, or (ii) the period of Altruistic Surrogacy Leave taken, whichever is the lesser period. 38.2.2 Leave may be taken at full pay, half pay or as a lump sum. 38.3 Unpaid Altruistic Surrogacy Leave 38.3.1 Employees are entitled to altruistic surrogacy leave for a maximum period of 12 months. 38.3.2 Employees who take Altruistic Surrogacy Leave may also reach agreement with the Employer to also take leave: (a) part-time for a period not exceeding two years; or partly full-time and partly part-time over a proportionate period of up to two years. 38.4 Specific evidentiary requirements applicable to taking altruistic surrogacy leave: 38.4.1 Employees are to notify the Employer at least four months before the expected birth and provide a - 31 - 



copy of the pre-conception surrogacy agreement, as provided for under the Surrogacy Act 2010 
(redacted as necessary to protect the privacy of non-Employees); 

38.4.2 At the time the Employee assumes the role of primary carer the Employee is to provide a statutory 
declaration advising that they are now the primary caregiver of the child and intend to make 
application for a parentage order as required under the Surrogaq Act 10 l O; 

38.4.3 A copy of the parentage order application (redacted as necessary) is provided as soon as practicable 
after it is lodged; and 

38.4.4 A copy of the parentage order (redacted as necessary) is provided as soon as practicable after it is 
granted. 

39. )'.lilitary Leave 

39.1 A pennanent Employee, who is a current member of the Australian Armed Forces, may apply for Military 
Leave to undertake a period of service with the Australian Armed Forces as a member of the Reserves. 

39.2 Unless othenvise provided, Military Leave attracts the same conditions of other forms of Leave Without 
Pay. One exception is that Employees on defence reserve service are not required to take any accrued leave 
concurrently with all or part of their Military Leave. 

39.3 In normal circumstances, if an Employee who is a member of the Reserves wishes to undertake continuous 
full time service with the Australian Armed Forces, that is voluntarily undertaken under subsection 50(3) 
of the Defence Act 1903, subsection 32A (3) of the Nuval Defence Act 1903 or subsection 4J (3) of the Air 
Force Act 1923, the approval of leave is at the discretion of the Employee's manager (with appropriate 
HR delegation). 

39.4 An Employee who undertakes continuous full time service with the Australian Armed Forces is not 
entitled to paid Military Leave or Top up Pay from TJHB. 

39.5 Permanent Employees with a minimum of six months continuous service with TJHB and staff with 
continuous service with other State Government Departments and/or instrumentalities, may be entitled to 
receive up to 19 days Paid Military Leave for service with the Reserves. 

39.6 The entitlement to paid Military Leave is calculated from L July to 30 June on each occasion. It does not 
accme from year to year. The entitlement to Paid Military Leave is limited to the day(s) on which the 
Employee would have ordinarily worked, had it not been for the need for Military Leave. 

39.7 Paid Military Leave is only paid upon: 

(a) The presentation of a Training/ Attendance Notice, and a Certific.ate of Attendance. 

(b) Tite authorisation from the Employee's manager. 

39.8 The rate of pay is at the Employee's ordinary rate of pay. No overtime, penalties, allowances or higher 
duties are paid. 

39.9 Paid Military Leave is also not granted for attendance at military activities which occur after nonnal hours 
of duty or for days on which an Employee would not no1mally be on duty. 

39.10 Employees not entitled to payment for Military Leave, who are required to attend military training and 
exercises as a member of the Reserves may be granted Military Leave \Vithout Pay. 

'Top-Up' Pa)· 

39.11 When an employee entitled to Paid Military Leave has exhausted their entitlements, they may be eligible 
for Military Leave Without Pay and a 'Top-Up' payment paid by TnIB. 'Top-Up Pay' may be available 
where the employee received less money from the Defence Reservists than the net pay they would have 
received from T J HB for the same period, and the employee would ordinarily be required to work that day. 

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 copy of the pre-conception surrogacy agreement, as provided for under the Surrogacy Act 2010 (redacted as necessary to protect the privacy of non-Employees); 38.4.2 At the time the Employee assumes the role of primary carer the Employee is to provide a statutory declaration advising that they are now the primary caregiver of the child and intend to make application for a parentage order as required under the Surrogacy Act 2010; 38.4.3 A copy of the parentage order application (redacted as necessary) is provided as soon as practicable after it is lodged; and 38.4.4 A copy of the parentage order (redacted as necessary) is provided as soon as practicable after it is granted. 39. Military Leave 39.1 A permanent Employee, who is a current member of the Australian Armed Forces, may apply for Military Leave to undertake a period of service with the Australian Armed Forces as a member of the Reserves. 39.2 Unless otherwise provided, Military Leave attracts the same conditions of other forms of Leave Without Pay. One exception is that Employees on defence reserve service are not required to take any accrued leave concurrently with all or part of their Military Leave. 39.3 In normal circumstances, if an Employee who is a member of the Reserves wishes to undertake continuous full time service with the Australian Armed Forces, that is voluntarily undertaken under subsection 50(3) of the Defence Act 1903, subsection 32A (3) of the Naval Defence Act 1903 or subsection 4J (3) of the Air Force Act 1923, the approval of leave is at the discretion of the Employee's manager (with appropriate HR delegation). 39.4 An Employee who undertakes continuous full time service with the Australian Armed Forces is not entitled to paid Military Leave or Top up Pay from TJHB. 39.5 Permanent Employees with a minimum of six months continuous service with TJHB and staff with continuous service with other State Government Departments and/or instrumentalities, may be entitled to receive up to 19 days Paid Military Leave for service with the Reserves. 39.6 The entitlement to paid Military Leave is calculated from 1 July to 30 June on each occasion. It does not accrue from year to year. The entitlement to Paid Military Leave is limited to the day(s) on which the Employee would have ordinarily worked, had it not been for the need for Military Leave. 39.7 Paid Military Leave is only paid upon: (a) The presentation of a Training/Attendance Notice, and a Certificate of Attendance. (b) The authorisation from the Employee's manager. 39.8 The rate of pay is at the Employee's ordinary rate of pay. No overtime, penalties, allowances or higher duties are paid. 39.9 Paid Military Leave is also not granted for attendance at military activities which occur after normal hours of duty or for days on which an Employee would not normally be on duty. 39.10 Employees not entitled to payment for Military Leave, who are required to attend military training and exercises as a member of the Reserves may be granted Military Leave Without Pay. 'Top-Up' Pay 39.11 When an employee entitled to Paid Military Leave has exhausted their entitlements, they may be eligible for Military Leave Without Pay and a 'Top-Up' payment paid by TJHB. 'Top-Up Pay' may be available where the employee received less money from the Defence Reservists than the net pay they would have received from TJHB for the same period, and the employee would ordinarily be required to work that day. 



39.12 The following limitations apply to 'Top-Up' pay: 

38. 12. l 'Top-L"p' pay is only available where an employee receives less money fi-om the Defence 
Reserve than the ordinary net pay they would have received from State Transit for the 
same period but excludes payments for shift loadings, allowances, penalty payments and 
overtime had the employee earned would they have worked for State Transit. 

38.12.2 Top-Up pay is also limited to payment to time the employee would ordinarily have been 
required to work for TJHB e.g. a Part Time employee who only works three days a week 
for TJHB will only receive To-Up' pay in respect of the three days they would have 
worked for TJHB. 

38.12.3 Top-Up pay is capped at a maximum period of 12 months, consecutively orcumulatively, 
in any five-year period (any forth er payments are at the discretion of the Head of People 
and Culture). 

39.13 In the event an employee's ordinary rate of pay is not able to be determined, it shall be at the average of 
the employee's ordinary base rate for the six months immediately preceding the period of !vtilitary Leave. 

39.14 If an employee exhausts Paid Military Leave entitlements (including top-up pay), they may be eligible to 
take M ii itary Leave Without Pay. 

40. Jury Scnice 

40.1 A permanent Employee required to attend for jury service during his or her ordinary working hours shall 
be reimbursed by the Employer an amount equal to the difference behveen the amount paid in respect of 
their attendance for such jury service and the amount of wages he or she would have received in respect 
of total ordinary time they would have worked had they not been on jury service. 

40.2 An Employee shall notify the Employer as soon as possible of the date upon which he or she is required 
to attend for jury service. Further, the Employee shall give the Employer proof ofattendance, the duration 
of such attendance and the amount received in respect of such jury service. 

41. Blood Donors Leave 

4.1.l Employees are to receive paid leave to donate blood and bone marrow. 

41.2 To give blood, paid leave is granted for the actual time take to: 

• Travel to the donation point nearest to the workplace; 
• Give blood; and 
• Return to work. 

41.3 To donate bone marrow, paid leave is granted for the actual time take to: 

• Undergo the necessary procedures for bone marrow collection; and 
• Recuperate following donation. 

41.4 The actual time granted by the Responsible Manager should be flexible and realistic. As a guide, between 
2-3 hours for blood donation and 2-7 days for bone marrow donation. 

41.5 In arranging the leave, consideration is to be given to the fact that having given a donation of blood, 
Employees are not to drive a heavy vehicle for a period recommended by the appropriate Authority. 

42. Leave for Indigenous Day of Significance 

42.1 Indigenous employees who wish to participate in a day of significance may be granted one day special 
leave per calendar year. Employees are to submit the selected day to their Supervisor for approval with 
reasonable notice. Leave will not be granted for a day which falls on a day that the employee would not 

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 39.12 The following limitations apply to 'Top-Up' pay: 38.12.1 "Top-Up' pay is only available where an employee receives less money from the Defence Reserve than the ordinary net pay they would have received from State Transit for the same period but excludes payments for shift loadings, allowances, penalty payments and overtime had the employee earned would they have worked for State Transit. 38.12.2 Top-Up pay is also limited to payment to time the employee would ordinarily have been required to work for TJHB e.g. a Part Time employee who only works three daysa week for TJHB will only receive 'To-Up' pay in respect of the three days they would have worked for TJHB. 38.12.3 Top-Up pay is capped at a maximum period of 12 months, consecutively or cumulatively, in any five-year period (any further payments are at the discretion of the Head of People and Culture). 39.13 In the event an employee's ordinary rate of pay is not able to be determined, it shall be at the average of the employee's ordinary base rate for the six months immediately preceding the period of Military Leave. 39.14 If an employee exhausts Paid Military Leave entitlements (including top-up pay), they may be eligible to take Military Leave Without Pay. 40. Jury Service 40.1 A permanent Employee required to attend for jury service during his or her ordinary working hours shall be reimbursed by the Employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wages he or she would have received in respect of total ordinary time they would have worked had they not been on jury service. 40.2 An Employee shall notify the Employer as soon as possible of the date upon which he or she is required to attend for jury service. Further, the Employee shall give the Employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service. 41. Blood Donors Leave 41.1 Employees are to receive paid leave to donate blood and bone marrow. 41.2 To give blood, paid leave is granted for the actual time take to: Travel to the donation point nearest to the workplace; Give blood; and Return to work. . 41.3 To donate bone marrow, paid leave is granted for the actual time take to: Undergo the necessary procedures for bone marrow collection; and Recuperate following donation. 41.4 The actual time granted by the Responsible Manager should be flexible and realistic. As a guide, between 2-3 hours for blood donation and 2-7 days for bone marrow donation. 41.5 In arranging the leave, consideration is to be given to the fact that having given a donation of blood, Employees are not to drive a heavy vehicle for a period recommended by the appropriate Authority. 42. Leave for Indigenous Day of Significance 42.1 Indigenous employees who wish to participate in a day of significance may be granted one day special leave per calendar year. Employees are to submit the selected day to their Supervisor for approval with reasonable notice. Leave will not be granted for a day which falls on a day that the employee would not - 33 - 



ordinarily be on duty or is on another form of leave. 

42.2 Days of significance may include: 

• Anniversary of National Apology Day 
• National Close the Gap Day 
• National Sorry Day 
• National Reconciliation Week (one day permitted) 
• NAIDOC Week (one day permitted) 
• Mabo Day 

43. Emergency Leave 

43.1 Pe1manent and temporary Employees are eligible for paid Emergency Leave if they are: 

(a) Members of the State Emergency Services (SES), NSW Rural Fire Service (RFS) or other 
volunteer organisations recognised by N SW Government's Office of Emergency l'vlanagement 
(OEM) to attend: 

i) State emergencies; 
ii) Training and conferences. 

(b) Unable to attend work due to severe weather conditions or other disasters. 

43.2 Emergency Leave is available regardless of length of service. 

43.3 Emergency leave is limited to the time required to cope with the immediate emergency and may not be 
accumulated from year to year. 

43.3.1 Employees who are member of the SES/ RFS / other recognised volunteer 
organisations: Employees performing duties for the SES, RFS or other recognised 
volunteer organisations are entitled to the following leave: 

(a) Un limited leave to attend State Emergencies declared in accordance with the relevant legislation or 
announced by the Premier; 

(b) Up to five (5) days emergency leave each year to attend conferences and training as part of their 
role. 

43.3.2 Other Employees 
Employees involved in a situation where life or property is threatened, or who are affected 
by severe weather conditions or other disasters, are entitled to a maximum of two (2) days 
emergency leave each year. Leave wi\ l not be granted if there is no element of emergency. 

43.4 If Employees require additional leave to attend conferences and training courses relating to roles with the 
SES, RFS or other recognised volunteer organisations, or to attend to personal matters relating to severe 
weather conditions or other disasters, they may apply for annual leave, leave without pay or if applicable 
long service leave. Emergency leave counts as service for all purposes. 

43.5 Employees must notify their managers of the request for State Emergency leave as soon as possible 
supported by evidence in writing of the emergency. 

44. Purchased Leave for Personal or Family Reasons 

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

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 ordinarily be on duty or is on another form of leave. 42.2 Days of significance may include: Anniversary of National Apology Day National Close the Gap Day National Sorry Day .. National Reconciliation Week (one day permitted) NAIDOC Week (one day permitted) . . Mabo Day 43. Emergency Leave 43.1 Permanent and temporary Employees are eligible for paid Emergency Leave if they are: (a) Members of the State Emergency Services (SES), NSW Rural Fire Service (RFS) or other volunteer organisations recognised by NSW Government's Office of Emergency Management (OEM) to attend: State emergencies; (1) Training and conferences. (b) Unable to attend work due to severe weather conditions or other disasters. 43.2 Emergency Leave is available regardless of length of service. 43.3 Emergency leave is limited to the time required to cope with the immediate emergency and may not be accumulated from year to year. 43.3.1 Employees who are member of the SES / RFS / other recognised volunteer organisations: Employees performing duties for the SES, RFS or other recognised volunteer organisations are entitled to the following leave: (a) Unlimited leave to attend State Emergencies declared in accordance with the relevant legislation or announced by the Premier; (b) Up to five (5) days emergency leave each year to attend conferences and training as part oftheir ole. 43.3.2 Other Employees Employees involved in a situation where life or property is threatened, or who are affected by severe weather conditions or other disasters, are entitled to a maximum of two (2) days emergency leave each year. Leave will not be granted if there is no element of emergency. 13.4 If Employees require additional leave to attend conferences and training courses relating to roles with the SES, RFS or other recognised volunteer organisations, or to attend to personal matters relating to severe weather conditions or other disasters, they may apply for annual leave, leave without pay or if applicable long service leave. Emergency leave counts as service for all purposes. 13.5 Employees must notify their managers of the request for State Emergency leave as soon as possible supported by evidence in writing of the emergency. 44. Purchased Leave for Personal or Family Reasons 44.1 The Purchased Leave scheme is a voluntary scheme available to all permanent Employees covered by this Agreement who have been continuously employed for a period of 12 months who wish to extend their leave options for personal reasons or to meet family responsibilities. -34- 



44.2 The terms and conditions of the Purchased Leave scheme are listed below and also subje.'t to TJHB policy. 

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

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

44.5 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 12 month period. 

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

44.7 Sick Leave and Long Service Leave will continue to accrue at the usual rate during the term of the 
Employee's participation in the Purchased Leave scheme. 

44.8 Employees will retain their Employee Pass and other privilege passes. 

44.9 Applications for participation in the Purchased Leave scheme will be approved at the Employer's 
discretion, subject to the employer's Purchased Leave Policy, taking into consideration operational and 
service delivery requirements. 

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

44.11 Employees should seek independent financial advice regarding their superannuation options prior to 
entering into the Purchased Leave arrangement 

45. Picnic Day 

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

45.2 Where an Employee is required by the Employer to work on a Picnic Day, the Employee will be paid for 
the time worked, subject to appropriate penalty rates plus an additional cash payment equivalentto: 

• seven hours pay: for Employees engaged on 35-hour-wcck; 

• seven hours and 36 minutes pay: for Employees engaged on 38-hour-wcek. 

45.3 The Employer shall require from an Officer evidence of attendance or desired attendance at the approved 
picnic. The production of the butt of a picnic ticket purchased or some cquival ent receipt shal 1 be sufficient 
evidence to satisfy this requirement. Where such evidence is requested by the Employer but not produced 
by an Officer, no payment will be made to the Offic.er for the day. 

45.4 An officer who is not required by the Employer to work in the area in which the Officer is normally 
employed on the Picnic Day and who docs not purchase a ticket for the picnic shall, where appropriate, he 
provided with alternative duties on that day. Such duties arc to be at the discretion of the Employer. 

45.5 An Officer who elects to work in accordance with sub-clause 45.4 shall not be entitled to any additional 
payment for the Picnic Day. 

46. Public Holidays 

46.1 Employees covered under this Agreement shall be entitled to the Public Holidays listed in clause 4. 

46.2 For Salaried Officers: 

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 14.2 The terms and conditions of the Purchased Leave scheme are listed below and also subject to TJHB policy. 44.3 Employees wishing to participate in this scheme must submit an application to their manager with a minimum 12 months notice. The application must stipulate the dates the leave is required. 4.4 Employees who wish to participate in this scheme will have monies deducted each fortnight over the preceding 12 month period to pay for their personal and family leave. Money deducted will be ordinary hours after all penalties and overtime have been calculated. There will be no reduction in the hourly rate of pay. 14.5 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 12 month period. 14.6 The additional leave purchased under this scheme will not attract leave loading. 44.7 Sick Leave and Long Service Leave will continue to accrue at the usual rate during the term of the Employee's participation in the Purchased Leave scheme. 44.8 Employees will retain their Employee Pass and other privilege passes. 44.9 Applications for participation in the Purchased Leave scheme will be approved at the Employer's discretion, subject to the employer's Purchased Leave Policy, taking into consideration operational and service delivery requirements. 44.10 Employees are required to re-apply annually if they wish to participate in the scheme. 44.11 Employees should seek independent financial advice regarding their superannuation options prior to entering into the Purchased Leave arrangement. 45. Picnic Day 45.1 Where reasonably practicable an Officer shall be granted a day's leave, without deduction of pay, each calendar year to attend an Annual Salaried Officers' Picnic, provided the Officer would ordinarily work on that day had it not been for the Picnic Day occurring. 5.2 Where an Employee is required by the Employer to work on a Picnic Day, the Employee will be paid for the time worked, subject to appropriate penalty rates plus an additional cash payment equivalent to: seven hours pay: for Employees engaged on 35-hour-week; . seven hours and 36 minutes pay: for Employees engaged on 38-hour-week. 45.3 The Employer shall require from an Officer evidence of attendance or desired attendance at the approved picnic. The production of the butt of a picnic ticket purchased or some equivalent receipt shall be sufficient evidence to satisfy this requirement. Where such evidence is requested by the Employer but not produced by an Officer, no payment will be made to the Officer for the day. 45.4 An officer who is not required by the Employer to work in the area in which the Officer is normally employed on the Picnic Day and who does not purchase a ticket for the picnic shall, where appropriate, be provided with alternative duties on that day. Such duties are to be at the discretion of the Employer. 45.5 An Officer who elects to work in accordance with sub-clause 45.4 shall not be entitled to any additional payment for the Picnic Day. 46. Public Holidays 46.1 Employees covered under this Agreement shall be entitled to the Public Holidays listed in clause 4. 46.2 For Salaried Officers: - 35 - 



Where a Salaried Officer is required to work on a proclaimed public holiday or picnic day (or a day 
substituted for the public holiday or picnic day, in which case the following shall apply to the substituted 
day only), the Employee will have the option to: 

(a) be paid at the rate of double time and a half for all time worked during ordinary hours on the public 
holiday or picnic day (foregoing accumulation for future clearance): or 

(b) to accumulate the public holiday or picnic day as leave for clearance with their accumulated leave 
for that year and be paid at the rate of time and a half for all work performed during ordinary hours 
on the public holiday or picnic day. 

If the Public Holiday is not cleared it will be paid out with the final pay on or after 3 I December of the 
year following accumulation. 

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 of7.6 hours. 

\\:ben a Public Holiday falls on a Saturday or a Sunday, Employees who are rostered off will qualify for 
payment if they have worked: 

(a) at least ten ( 10) Saturdays in the preceding twelve months of the Saturday Public Holiday; or 

(b) at least ten ( 10) Sundays in the preceding twelve months of the Sunday Public Holiday. 

Employees employed within the last twelve months of the Saturday or Sunday Public Holiday, who are 
rostered off. are to have the decision for payment to be detem1ined on a pro-rata basis. 

46.3 For Senior Officers: 

46.4 All Public Holidays not taken as a Public Holiday by Senior Officers are to be paid out when they occur. 

47. Concessional Day 

47.1 Employees covered under this Agreement shall be entitled to a Concessional Day in substitution of the 
Bank Holiday. 

48. Capping of Additional Days Off (ADOs) 

48.1 Subject to sub-clause 44.2, Officers, other than Officers required to perform shift work, may clear ADOs 
as one whole day or as two half-days. 

48.2 Subject to the prior approval of the Officer's manager, an Officer, may accumulate up to a maximum of 
five ADOs (inclusive of half ADOs). 

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

48.4 Subject to sub-clause 48 .5, failure to clear ADOs will result in loss of entitlement for all days accumulated 
in excess of the maximum of five ADOs. 

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

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 Where a Salaried Officer is required to work on a proclaimed public holiday or picnic day (or a day substituted for the public holiday or picnic day, in which case the following shall apply to the substituted day only), the Employee will have the option to (a) be paid at the rate of double time and a half for all time worked during ordinary hours on the public holiday or picnic day (foregoing accumulation for future clearance); or (b) to accumulate the public holiday or picnic day as leave for clearance with their accumulated leave for that year and be paid at the rate of time and a half for all work performed during ordinary hours on the public holiday or picnic day. If the Public Holiday is not cleared it will be paid out with the final pay on or after 31 December of the year following accumulation. 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 or a Sunday, Employees who are rostered off will qualify for payment if they have worked: (a) at least ten (10) Saturdays in the preceding twelve months of the Saturday Public Holiday; or (b) at least ten (10) Sundays in the preceding twelve months of the Sunday Public Holiday. Employees employed within the last twelve months of the Saturday or Sunday Public Holiday, who are rostered off, are to have the decision for payment to be determined on a pro-rata basis. 46.3 For Senior Officers: 46.4 All Public Holidays not taken as a Public Holiday by Senior Officers are to be paid out when they occur. 47. Concessional Day 47.1 Employees covered under this Agreement shall be entitled to a Concessional Day in substitution of the Bank Holiday. 48. Capping of Additional Days Off (ADOs) 48.1 Subject to sub-clause 44.2, Officers, other than Officers required to perform shift work, may clear ADOs as one whole day or as two half-days. 48.2 Subject to the prior approval of the Officer's manager, an Officer, may accumulate up to a maximum of five ADOs (inclusive of half ADOs). 48.3 Managers in consultation with Employees are required to implement appropriate administrative procedures to ensure the proper and effective management of ADOs. 48.4 Subject to sub-clause 48.5, failure to clear ADOs will result in loss of entitlement for all days accumulated in excess of the maximum of five ADOs. 48.5 Where the failure to clear an ADO (in excess of five accumulated ADOs) arises at the request or direction of the Employer, an Officer will be paid at the applicable overtime rate for the ADO worked. - 36 - 



SECTION IF - FLEXIBLE WORK ARRANGEMENTS 

49. Make Up Time 

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

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

50. Career Break 

SO.I A pem1anent Employee who has had continuous service with the Employer for a minimum period of five 
years may make application to take a fixed period of time off work, in order to fulfil family or personal 
commitments or to pursue personal development without loss of job security. 

50.2 The terms and conditions under which an Employee may take a Career Break are listed below and also 
subject to the Employer's policy and procedure. 

50.3 The minimum period for a Career Break is six (6) months. The maximum period for a Career Break is 24 
months. 

50.4 An Employee must provide three months notice of a request to take a Career Break. 

50.5 Any Employee taking Career Break leave will be required to clear all accrued Annual Leave and Public 
Holidays prior to commencing leave. 

50.6 Any unpaid period of the Career Break will be regarded as leave without pay for the purpose of leave 
accmal and superannuation. 

50. 7 At the corn mencement of the Career Break, Employees must return their Employee Travel Pass. 

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

50.9 Where there is no position immediately available at the same grade for Employees taking 12 months or 
Jess leave, the Employee's skills and abilities will be assessed and they will be placed in another position 
at the same grade held before commencing the Career Break. 

50.10 Applications for Career Breaks will be approved at the Employer's discretion. 

51. Flexible Working Arrangements 

51. 1 Flexible work arrangements may be agreed between the Employer and a staff member. 

51.2 In addition to leave and flexible working hours arrangements, examples of workplace flexibility initiatives 
that may be considered include: 

(a) Working from home and/or another location; 

(b) Changing from full-time to part-time employment on a temporary or permanent basis: 

( c) Job-sharing; 

(d) Transition to retirement arrangements. 

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 SECTION 1F - FLEXIBLE WORK ARRANGEMENTS 49. Make Up Time 49.1 An Employee may elect, with the consent of the Employer, to work "make up time" under which the Employee takes time off during ordinary hours, and works those hours at another time, during the spread of ordinary hours provided under this Agreement. 49.2 An Employee on shift work may elect, with the consent of the Employer, to work "make up time" under which the Employee takes time off ordinary hours and works those hours at another time, at the shift work rate which would have been applicable to the hours taken off. 50. Career Break 50.1 A permanent Employee who has had continuous service with the Employer for a minimum period of five years may make application to take a fixed period of time off work, in order to fulfil family or personal commitinents or to pursue personal development without loss of job security. 50.2 The terms and conditions under which an Employee may take a Career Break are listed below and also subject to the Employer's policy and procedure. 50.3 The minimum period for a Career Break is six (6) months. The maximum period for a Career Break is 24 months. 50.4 An Employee must provide three months notice of a request to take a Career Break. 50.5 Any Employee taking Career Break leave will be required to clear all accrued Annual Leave and Public Holidays prior to commencing leave. 50.6 Any unpaid period of the Career Break will be regarded as leave without pay for the purpose of leave accrual and superannuation. 50.7 At the commencement of the Career Break, Employees must return their Employee Travel Pass. 50.8 At the completion of the Career Break, an Employee can return to a position at the same grade that they held before commencing the break. 50.9 Where there is no position immediately available at the same grade for Employees taking 12 months or less leave, the Employee's skills and abilities will be assessed and they will be placed in another position at the same grade held before commencing the Career Break. 50.10 Applications for Career Breaks will be approved at the Employer's discretion. 51. Flexible Working Arrangements 51.1 Flexible work arrangements may be agreed between the Employer and a staff member. 51. In addition to leave and flexible working hours arrangements, examples of workplace flexibility initiatives that may be considered include: (a) Working from home and/or another location; (b) Changing from full-time to part-time employment on a temporary or permanent basis; (c) Job-sharing; (d) Transition to retirement arrangements. - 37 - 



51.3 A flexible work arrangement must be cost neutral and conform to Work Health and Safety requirements. 

51.4 The Employer will not unreasonably refuse a staff member's request for a flexible working arrangement 
as long as the arrangements can be structured to maintain business efficiency and productivity. 

51.S The terms and conditions under which an Employee can work tlexibly are also subject to policies and 
procedures of the Employer. 

51.6 Flexible work arrangements do not preclude the Employee from accessing provisions of the Agreement 
such as overtime and leave. 

52. Individual Flexibility Arrangement 

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

(a) the agreement deals with I or more of the following matters: 

(i) arrangements about when work is performed; 

(ii) overtime rates; 

(iii) penalty rates; 

(iv) allowances: 

(v) leave loading; and 

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

(c) the anangement is genuinely agreed to by the employer and employee. 

52.2 The employer must ensure that the tem1s of the individual flexibility arrangement: 

(a) are about permitted matters under section 172 of the Fair Work A.et 2009; and 

(b) are not unlawful tenns under section 194 of the Fair Work Act 2009; and 

(c) result in the employee being better off overall than the employee would be ifno arrangement was 
made. 

52.3 The employer must ensure that the individual flexibility arrangement: 

(a) is in writing; and 

(b) includes the name of the employer and employee; and 

( c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a 

parent or guardian of the employee; and 

(d) includes details of: 

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

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

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

(e) states the day on which the arrangement commences. 

52.4 The employer must give the employee a copy of the individual flexibility arrangement with in 14 days after 
it is agreed to. 

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 51.3 A flexible work arrangement must be cost neutral and conform to Work Health and Safety requirements. 51.4 The Employer will not unreasonably refuse a staff member's request for a flexible working arrangement as long as the arrangements can be structured to maintain business efficiency and productivity. 51.5 The terms and conditions under which an Employee can work flexibly are also subject to policies and procedures of the Employer. 51.6 Flexible work arrangements do not preclude the Employee from accessing provisions of the Agreement such as overtime and leave. 52. Individual Flexibility Arrangement 52.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with I or more of the following matters: arrangements about when work is performed; overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. 52.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 52.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: 1) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 52.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. - 38 - 



52.5 The employer or employee may tenninate the individual flexibility arrangement: 

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

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

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 52.5 The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing - at any time. - 39 - 



SECTION lG - GENERAL 

53. Higher Duties for Senior and Salaried Officers 

Salaried Officers in Higher Grade Positions 

53.1 Any Salaried Officer required to relieve in a higher grade shall be paid at least the minimum salary of the 
higher grade for the period of the re 1i ef, provided that the Officer's manager or supervisor certifies that the 
Officer is carrying out the nonnal duties of the higher-grade position. Where a minimum period of one full 
shift has been worked, a OCC Officer acting as a Senior OCC Officer will be paid higher duties for the 
period of relief. 

Senior Officers in Higher Grade Positions 

53.2 Higher duty payments for Senior Officers will apply where the time worked in the higher graded position 
exceeds four consecutive working days. When a Senior Officer works on the fifth consecutive day 
retrospective payment for the previous four working days will be made. 

Note: see also clause regarding Higher Grade conditions for Senior Officers Salaried and Senior Officers 
Generally 

53.3 In the case of Salaried and Senior Officers required to relieve in a higher-grade position, the conditions 
applicable to the higher-grade position undertaken shall be taken to apply for the period of the relief. 

53.4 All time spent by a Salaried or Senior Officer relieving in a higher grade for which credit has been allowed 
for the purpose of sub-clause 53.2, shall be counted as service in the next higher grade to that in which the 
officer is classified, for the purpose of assessing the rate of salary to which the officer will be entitled 
following promotion to such higher grade. 

53.5 If an officer is booked to clear a Public Holiday which falls during a period in which the Officer is acting 
in a higher grade, and the officer works in the higher grade on the working days before and after the Public 
Holiday, then payment for the Public Holiday shall be at the rate of pay to which the Officer is entitled 
during the acting period. 

53.6 Any Salaried or Senior Officer who has relieved in a higher grade position for 12 calendar months either 
continuously or non-continuously shall, while perfonning such duties, be paid the next higher rate of pay, 
if any, prescribed for such higher position provided that where the duty is non -continuous, periods of less 
than one week shall not count. 

54. Employee Travel Passes 

54.1 Subject to NSW Government Policy, relevant legislation and regulations and the provisions of the 
Metropolitan Bus Systems Contract, for the life of this Agreement, the Employer will recognise Employee 
Travel Passes for all permanent Employees whilst provided by TfNSW. These passes will not be provided 
by TJHB. 

5S. Workplace Health and Safety Training 

55.1 The parties recognise the obligation of the Employer to provide a safe and healthy workplace. All 
Employees are responsible for their own safety, the safety of other Employees and the general public. 

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

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

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 SECTION 1G - GENERAL 53. Higher Duties for Senior and Salaried Officers Salaried Officers in Higher Grade Positions 53.1 Any Salaried Officer required to relieve in a higher grade shall be paid at least the minimum salary of the higher grade for the period of the relief, provided that the Officer's manager or supervisor certifies that the Officer is carrying out the normal duties of the higher-grade position. Where a minimum period of one full shift has been worked, a OCC Officer acting as a Senior OCC Officer will be paid higher duties for the period of relief. Senior Officers in Higher Grade Positions 53.2 Higher duty payments for Senior Officers will apply where the time worked in the higher graded position exceeds four consecutive working days. When a Senior Officer works on the fifth consecutive day retrospective payment for the previous four working days will be made. Note: see also clause regarding Higher Grade conditions for Senior Officers Salaried and Senior Officers Generally 53.3 In the case of Salaried and Senior Officers required to relieve in a higher-grade position, the conditions applicable to the higher-grade position undertaken shall be taken to apply for the period of the relief. 53.4 All time spent by a Salaried or Senior Officer relieving in a higher grade for which credit has been allowed for the purpose of sub-clause 53.2, shall be counted as service in the next higher grade to that in which the officer is classified, for the purpose of assessing the rate of salary to which the officer will be entitled following promotion to such higher grade. 53.5 If an officer is booked to clear a Public Holiday which falls during a period in which the Officer is acting in a higher grade, and the officer works in the higher grade on the working days before and after the Public Holiday, then payment for the Public Holiday shall be at the rate of pay to which the Officer is entitled during the acting period. 53.6 Any Salaried or Senior Officer who has relieved in a higher grade position for 12 calendar months either continuously or non-continuously shall, while performing such duties, be paid the next higher rate of pay, if any, prescribed for such higher position provided that where the duty is non-continuous, periods of less than one week shall not count. 54. Employee Travel Passes 54.1 Subject to NSW Government Policy, relevant legislation and regulations and the provisions of the Metropolitan Bus Systems Contract, for the life of this Agreement, the Employer will recognise Employee Travel Passes for all permanent Employees whilst provided by TfNSW. These passes will not be provided by TJHB. 55. Workplace Health and Safety Training 55.1 The parties recognise the obligation of the Employer to provide a safe and healthy workplace. All Employees are responsible for their own safety, the safety of other Employees and the general public. 55.2 The Employer will determine the standards and requirements of training for Employees, in consultation with Employees and their representatives, including any Union party to this Agreement. A certificate will be awarded to Employees who successfully complete the training. 55.3 Every Employee will have the opportunity to attend a minimum of two hours paid WHS awareness training each calendar year. - 40 - 



56. Drug and Alcohol Testing 

56.1 The parties recognise the legislative obligations on the Employer to ensure the workplace is free from 
dmgs and alcohol, and all Employees are to comply with the provisions of legislation relating to random 
drug and alcohol testing and the internal programs that are in place. 

57. Childcare 

57.1 The Employer and the Unions with the assistance of Unions NSW, may continue the .Joint Child Care 
Working Party (the Working Party). The Working Party will consider the feasibility of various initiatives 
by which the Employer may assist Employees to manage their childcare needs. 

57.2 The Working Party may comprise of representatives from the Employer, Unions NSW, and Unions party 
to this Agreement, and will include a mix of male and female members. 

58. Quality Certification 

58.1 The Employer has developed a tvfanagement System to assist, control and manage standardised work 
practices at all I evels. 

58.2 The objective of the l\.fanagement System is the "prevention of errors" through "conformance to 
requirements" as detailed in policies, procedures and work instructions. The goal is "zero defects" {i.e. no 
accidents, no errors or mistakes, no re-work). 

58.3 Paities to this Agreement will work together to maintain quality certification. 

59. Introduction of New Tech1iology 

59.1. Where the Employer has made a definite decision to introduce new or to make major changes associated 
with existing technology that is likely to have significant effects on Employees, the Employer shall notify 
Employees who may be affected by the proposed changes, and their representatives, including any union 
party to this Agreement. Such changes will be dealt with under the consultative process outlined at clause 
20 of this Agreement. 

59.2 The Employer shall discuss with the Employees affected and their representatives the changes to be made 
and the effect the changes are likely to have on Employees and measures to be taken to avert or mitigate 
effects of such changes on Employees. 

59.3 Where possible at least three months notice will be provided prior to the implementation of new 
technology. Where necessary Employees will be provided with appropriate training. 

59.4 By the application of this clause herein there is a commitment between the parties to the introduction of 
new technology. 

60. .Job Evaluation Review Process 

60.1 Where a new position is created, or where an incumbent Employee, the relevant Union or the Employer 
believe that an existing position should be reviewed, the following shall apply; 

60.1.1. 

60.1.2. 

60.1.3. 

A People and Culture representative will, in consultation with the line management and the 
affected incumbent, prepare the draft Position Description ensuring consistency with the 
organisational fran1ework. 

The draft Position Description will be reviewed by the relevant manager(s), the incumbent 
(where applicable), and the Managing Director TJHB and amended to reflect any feedback. 

The People and Culture representative will evaluate the position for approval by the Head 
of People and Culture. 

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 56. Drug and Alcohol Testing 56.1 The parties recognise the legislative obligations on the Employer to ensure the workplace is free from drugs and alcohol, and all Employees are to comply with the provisions of legislation relating to random drug and alcohol testing and the internal programs that are in place. 57. Childcare 57.1 The Employer and the Unions with the assistance of Unions NSW, may continue the Joint Child Care Working Party (the Working Party). The Working Party will consider the feasibility of various initiatives by which the Employer may assist Employees to manage their childcare needs. 57.2 The Working Party may comprise of representatives from the Employer, Unions NSW, and Unions party to this Agreement, and will include a mix of male and female members. 58. Quality Certification 58.1 The Employer has developed a Management System to assist, control and manage standardised work practices at all levels. 58.2 The objective of the Management System is the "prevention of errors" through "conformance to requirements" as detailed in policies, procedures and work instructions. The goal is "zero defects" (i.e. no accidents, no errors or mistakes, no re-work). 58.3 Parties to this Agreement will work together to maintain quality certification. 59. Introduction of New Technology 59.1 Where the Employer has made a definite decision to introduce new or to make major changes associated with existing technology that is likely to have significant effects on Employees, the Employer shall notify Employees who may be affected by the proposed changes, and their representatives, including any union party to this Agreement. Such changes will be dealt with under the consultative process outlined at clause 20 of this Agreement. 59.2 The Employer shall discuss with the Employees affected and their representatives the changes to be made and the effect the changes are likely to have on Employees and measures to be taken to avert or mitigate effects of such changes on Employees. 59.3 Where possible at least three months notice will be provided prior to the implementation of new technology. Where necessary Employees will be provided with appropriate training. 59.4 By the application of this clause herein there is a commitment between the parties to the introduction of new technology. 60. Job Evaluation Review Process 60.1 Where a new position is created, or where an incumbent Employee, the relevant Union or the Employer believe that an existing position should be reviewed, the following shall apply: 60.1.1. A People and Culture representative will, in consultation with the line management and the affected incumbent, prepare the draft Position Description ensuring consistency with the organisational framework. 60.1.2. The draft Position Description will be reviewed by the relevant manager(s), the incumbent (where applicable), and the Managing Director TJHB and amended to reflect any feedback. 60.1.3. The People and Culture representative will evaluate the position for approval by the Head of People and Culture. - 41 - 



60.2 I fat any stage of this process a disagreement arises as to the details or accuracy of the position description 
or the grading of the position description, the disagreement may be referred to a review panel consisting 
of one People and Culture representative, the Managing Director TJHB, or their representative, the affected 
Employee and one Employee representative, suitably qualified chosen by the relevant Un ion(s). 

60.3 If a disagreement remains in relation to the outcome of the evaluation process, the Employer will consider 
representations made by the relevant Union(s) and may seek to have the position evaluated externally, 
before making a final determination. 

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 60.2 If at any stage of this process a disagreement arises as to the details or accuracy of the position description or the grading of the position description, the disagreement may be referred to a review panel consisting of one People and Culture representative, the Managing Director TJHB, or their representative, the affected Employee and one Employee representative, suitably qualified chosen by the relevant Union(s). 60.3 If a disagreement remains in relation to the outcome of the evaluation process, the Employer will consider representations made by the relevant Union(s) and may seek to have the position evaluated externally, before making a final determination, - 42 - 



PART 2 - CORE CONDITIONS FOR SALARIED OFFICERS 

61. Hours of Duty for Salaried Officers 

61.1 Except as provided for in sub-clauses 61.2 and 61.3 the ordinary hours of duty shall be 38 per week to be 
worked in not more than five shifts. 

61.2 Ordinary hours of duty may be worked to provide for 152 hours work in a four-week work cycle to enable 
officers to have one day off duty during that cycle by accruing additional working time on other working 
days. Payment in these circumstances to be made on an averaging basis of 76 ordinary hours per fortnight. 

61.3 Clerical and administrative Employees engaged to work in non-shift work positions shall have ordinary 
hours of duty of 35 hours per week, to be worked in not more than 5 shifts and a total of 140 hours in a 
four-week cycle, to meet the criteria for accruing an ADO. 

61.4 Where an Employee is required to work less than 38 l1ours per week and where a recognised finishing time 
exists, no Employee shall be called upon to work beyond that time. 

61.5 The span of ordinary hours shall be 6.30am to 5.30pm. These hours may be altered by mutual agreement 
in writing between the Employer and the Employee in accordance with flexible working arrangements. 

61.6 As far as practicable, Officers shall not be rostered for a longer period than 9 hours to be worked in ll 
hours overall. 

61.7 As far as practicable, Otticers required to work shift work shall have one week on day duty (that is, shifts 
that do not finish between 12 midnight and 8.00 am) in every three and one Sunday off in every three. 

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

62. Minimum Payments 

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

62.2 If an officer actually commences duty and is subsequently advis1:d that they are not required, the Officer 
shall receive a minimum of seven hours pay. 

63. Spread of Hours 

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

63.1.1. Between a spread of9.5 hours and I 0.5 hours - time and a half; 

63.1.2. After 10.5 hours - double time. 

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

64. Overtime 

64.1 Except as provided for in sub-clause 64.2 below, Employees shall not work more than 7 hours 36 minutes 
in any one shift without overtime. All time worked in excess of 7 hours 36 minutes per shift or 38 hours 
per week shall be paid for at overtime rates. 

64.2 Where the ordinary hours of duty are worked on the basis of 152 hours in a four-week work cycle as per 
sub-clause 61.2, Employees shall not work more than 8 hours in any one shift without overtime. All time 
worked in excess of 8 hours per shift, or ordinary hours for a particular week in such cycle, shall be paid 
for at overtime rates. 

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 PART 2 - CORE CONDITIONS FOR SALARIED OFFICERS 61. Hours of Duty for Salaried Officers 61.1 Except as provided for in sub-clauses 61.2 and 61.3 the ordinary hours of duty shall be 38 per week to be worked in not more than five shifts. 61.2 Ordinary hours of duty may be worked to provide for 152 hours work in a four-week work cycle to enable officers to have one day off duty during that cycle by accruing additional working time on other working days. Payment in these circumstances to be made on an averaging basis of 76 ordinary hours per fortnight. 61.3 Clerical and administrative Employees engaged to work in non-shift work positions shall have ordinary hours of duty of 35 hours per week, to be worked in not more than 5 shifts and a total of 140 hours in a four-week cycle, to meet the criteria for accruing an ADO. 61.4 Where an Employee is required to work less than 38 hours per week and where a recognised finishing time exists, no Employee shall be called upon to work beyond that time. 61.5 The span of ordinary hours shall be 6.30am to 5.30pm. These hours may be altered by mutual agreement in writing between the Employer and the Employee in accordance with flexible working arrangements. 61.6 As far as practicable, Officers shall not be rostered for a longer period than 9 hours to be worked in 11 hours overall. 61.7 As far as practicable, Officers required to work shift work shall have one week on day duty (that is, shifts that do not finish between 12 midnight and 8.00 am) in every three and one Sunday off in every three. 61.8 In arranging hours of duty, when necessary, sufficient time must be allowed to permit a proper hand- over of duties. 62. Minimum Payments 62.1 Any Officer who attends for duty in accordance with instructions but is not required, shall receive a minimum of five hours pay unless at least twelve hours notice was given to the Officer personally that they were not required for duty. 62.2 If an officer actually commences duty and is subsequently advised that they are not required, the Officer shall receive a minimum of seven hours pay. 63. Spread of Hours 63.1 All time worked from time first signed on a broken shift shall be paid at the following rates: 63.1.1. Between a spread of 9.5 hours and 10.5 hours - time and a half; 63.1.2. After 10.5 hours - double time. 63.2 Officers shall not be rostered for broken shifts on a Saturday, Sunday or Public Holiday. 64. Overtime 64.1 Except as provided for in sub-clause 64.2 below, Employees shall not work more than 7 hours 36 minutes in any one shift without overtime. All time worked in excess of 7 hours 36 minutes per shift or 38 hours per week shall be paid for at overtime rates. 64.2 Where the ordinary hours of duty are worked on the basis of 152 hours in a four-week work cycle as per sub-clause 61.2, Employees shall not work more than 8 hours in any one shift without overtime. All time worked in excess of 8 hours per shift, or ordinary hours for a particular week in such cycle, shall be paid for at overtime rates. . 43 - 



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

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

64.5 For the purpose of calculating hourly rates the ordinary fortnightly salal)' shall be divided by the ordinal)' 
hours for the fortnight. 

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

64,7 Payment for overtime shall be made at the following rates: 

64.7.1. 

64.7.2. 

64.7.3. 

64.7.4. 

64.7.5. 

64.7.6. 

64.7.7. 

64.7.8. 

64.7.9. 

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

Except as provided for in sub-clause 64.7.3, time worked in excess of 7 hours 36 minutes 
but less than JO hours 36 minutes in any one shift Mondays to Fridays • time and a half. 

Where the ordinary hours of duty arc worked on the basis of 152 hours in a four-week work 
cycle as per sub-clause 61 .2, time worked in excess of 8 hours but less than 11 hours in any 
one shift, Mondays to Fridays - time and a half. 

Except as provided for in sub-clause 64.7.5, time worked in excess of 10 hours 36 minutes 
in any one shift - double time. 

',Vhere the ordinary hours of duty are worked on the basis of 152 hours in a four-week work 
cycle as per sub-clause 6 I .2, time worked in excess of 11 hours in any one shift • double 
time. 

Except as provided for in sub-clause 64.7.7, time worked in excess of 38 hours in the week 
- time and a half. This sub-clause shall not apply where overtime payment is calculated on 
a daily basis under the provisions of sub-clauses 64.7.2 and 64.7.3 above. Payment for 
overtime shall be calculated upon whichever of the two alternatives gives the greater 
amount. 

Where the ordinary hours of duty are worked on the basis of 152 hours in a four-week work 
cycle as prescribed in sub-clause 61.2, time worked in excess of ordinary hours for a 
particular week in such cycle - time and a half. This sub-clause shall not apply where 
overtime payment is calculated on a daily basis under the provisions of sub-clauses 64.7.2 
and 64. 7.3. Payment for overtime shall be calculated upon whichever of the t\vo alternatives 
gives the greater amount. 

Except as provided in sub-clause 64.7.9, time worked by Employees whose ordinary hours 
of duty are less than 38 per week before, after or beyond the usual hours up to 7 hours 36 
minutes in any one shift - ordinary time. 

Where such ordinary hours of duty Jess than 38 per week are worked by Employees during 
a four week working cycle as provided for in sub-clause 64.2 above, time worked before, 
after or beyond the usual hours up to eight hours in any one shift - ordinary time. 

64.8 Notwithstanding anything contained in this clause, salaried technical Employees shall be paid overtime 
rates not less favourable than those applicable to tradespersons. 

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

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 64.3 In calculating the number of hours worked per week, any leave shall be treated as time worked. 64.4 Except in special circumstances, no Employee shall work overtime unless authority for so working is first given by an Employee responsible for authorising overtime, and whenever possible, Employees shall be given 24 hours notice of the requirement that they work overtime. 64.5 For the purpose of calculating hourly rates the ordinary fortnightly salary shall be divided by the ordinary · hours for the fortnight. 64.6 Except in unavoidable circumstances, all overtime worked during any fortnightly pay period shall be paid for not later than the payday for the period following that in which the overtime is worked. 64.7 Payment for overtime shall be made at the following rates: 64.7.1. Time worked on Saturdays, which does not form part of the ordinary hours for the week - time and a half for first three hours and double time thereafter. 64.7.2. Except as provided for in sub-clause 64.7.3, time worked in excess of 7 hours 36 minutes but less than 10 hours 36 minutes in any one shift Mondays to Fridays - time and ahalf. 64.7.3. Where the ordinary hours of duty are worked on the basis of 152 hours in a four-week work cycle as per sub-clause 61.2, time worked in excess of 8 hours but less than 11 hours in any one shift, Mondays to Fridays - time and a half. 64.7.4. Except as provided for in sub-clause 64.7.5, time worked in excess of 10 hours 36 minutes in any one shift - double time. 64.7.5. Where the ordinary hours of duty are worked on the basis of 1 52 hours in a four-week work cycle as per sub-clause 61.2, time worked in excess of 11 hours in any one shift - double time. 64.7.6. Except as provided for in sub-clause 64.7.7, time worked in excess of 38 hours in the week - time and a half. This sub-clause shall not apply where overtime payment is calculated on a daily basis under the provisions of sub-clauses 64.7.2 and 64.7.3 above. Payment for overtime shall be calculated upon whichever of the two alternatives gives the greater amount. 64.7.7. Where the ordinary hours of duty are worked on the basis of 152 hours in a four-week work cycle as prescribed in sub-clause 61.2, time worked in excess of ordinary hours for a particular week in such cycle - time and a half. This sub-clause shall not apply where overtime payment is calculated on a daily basis under the provisions of sub-clauses 64.7.2 and 64.7.3. Payment for overtime shall be calculated upon whichever of the two alternatives gives the greater amount. 64.7.8. Except as provided in sub-clause 64.7.9, time worked by Employees whose ordinary hours of duty are less than 38 per week before, after or beyond the usual hours up to 7 hours 36 minutes in any one shift - ordinary time. 64.7.9. Where such ordinary hours of duty less than 38 per week are worked by Employees during a four week working cycle as provided for in sub-clause 64.2 above, time worked before, after or beyond the usual hours up to eight hours in any one shift - ordinary time. 64.8 Notwithstanding anything contained in this clause, salaried technical Employees shall be paid overtime rates not less favourable than those applicable to tradespersons. 64.9 The employer shall determine whether or not to offer overtime (including DOCs), whether or not to cover a shift, and the method of covering a shift or offering overtime if any (including whether to cover a full shift, part shift, or offer overtime before or after a shift, or a DOC). - 44 - 



65, Time Off in Lieu of Payment for Overtime 

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

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

65.3 The Employer shall, if requested by an Employee, provide payment at the rate provided for in this clause 
for any overtime worked as per clause 64.1 where such time has not been taken \Vithin four weeks of 
accrual. 

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

66. Sunday Time 

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

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

66.3 Officers v,ho do not ordinarily work on Sunday shall be paid for any time worked on Sunday at tl1e rate of 
double time. 

67. Saturday Time 

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

67.2 Notwithstanding anything contained in this Agreement, all time worked on Saturday which fom1s part of 
the ordinary hours for the week shall be paid for at the rate of time and a half. 

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

68. Shift Work Allowance 

68.1 Definitions for the purpose of this clause are: 

66.1. l. 

66.1.2. 

66.1.3. 

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

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

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

68.2 Shift Work Allowances 

68.2.1. 

68.2.2. 

68.2.3. 

For all paid time on duty not subject to overtime penalty on the day on ordinary shifts on 
days other than a Sunday, Saturday or a Public Holiday, an Employee in receipt of an adult 
salary rate shall receive an allowance as set out in Item I of Schedule C. 

The shift allowance specified in this Agreement will apply on an hourly basis. The rate 
specified in Schedule C will apply to all officers other than Senior Officers. 

Other Officers shall be paid half the allowance herein prescribed for the same time on duty. 

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 65. Time Off in Lieu of Payment for Overtime 65.1 An Employee may elect, with the consent of the Employer, to take time off in lieu of payment for overtime at a time or times agreed with the Employer. 65.2 Alternatively, by agreement with the Employer, the Employee may elect to be paid at ordinary rates for the time worked, and take time off at the rate of one half hour, or one hour, as the case may be, for each hour of overtime worked. 65.3 The Employer shall, if requested by an Employee, provide payment at the rate provided for in this clause for any overtime worked as per clause 64.1 where such time has not been taken within four weeks of accrual. 65.4 The Employer shall record time off in lieu arrangements for each occasion this provision is used. 66. Sunday Time 66.1 Sunday means the period between 12 midnight Saturday and 12 midnight Sunday. 66.2 An Officer ordinarily required to work on Sunday as part of their regular working week shall be paid for all time worked on Sunday during their ordinary hours of duty at the rate of double time. The extra single time allowance shall stand alone and be paid for independently of other time. 66.3 Officers who do not ordinarily work on Sunday shall be paid for any time worked on Sunday at the rate of double time. 67. Saturday Time 67.1 Saturday means the period between 12 midnight Friday and 12 midnight Saturday. 67.2 Notwithstanding anything contained in this Agreement, all time worked on Saturday which forms part of the ordinary hours for the week shall be paid for at the rate of time and a half. 67.3 Time paid under this provision shall not be subject to any extra salary payment whatsoever under any other clause of this Agreement provided, however, that time which forms part of the ordinary hours for the week shall continue to be taken into consideration for the calculation of overtime. 68. Shift Work Allowance 68.1 Definitions for the purpose of this clause are: 66.1.1. Afternoon Shift means a shift which commences before 6.00pm and concludes at or after 6.30pm. 66.1.2. Night Shift means a shift which commences at or between 6.00pm and 3.59am. 66.1.3. Early Morning Shift means a shift which commences at or between 4.00am and 5.30am. 68.2 Shift Work Allowances 68.2.1. For all paid time on duty not subject to overtime penalty on the day on ordinary shifts on days other than a Sunday, Saturday or a Public Holiday, an Employee in receipt of an adult salary rate shall receive an allowance as set out in Item 1 of Schedule C. 68.2.2. The shift allowance specified in this Agreement will apply on an hourly basis. The rate specified in Schedule C will apply to all officers other than Senior Officers. 68.2.3. Other Officers shall be paid half the allowance herein prescribed for the same time on duty. 45 - 



68.2.4. 

68.2.5. 

68.2.6. 

In calculating the allowances herein prescribed, broken parts of an hour of less than 30 
minutes shall be disregarded and 30 minutes to 59 minutes shall be paid for as an hour. 

In addition to the allowances prescribed herein, an Employee in receipt of an adult salary 
rate who signs on or off at or between 1.01am and 3.59am on Monday to Friday shall be 
paid a loading for that shift as outlined in Item 2 of Schedule C provided that such loading 
is not payable on a Public Holiday or overtime shift. 

Other Officers shall be paid half the loading herein prescribed for the same tum of duty. 

69. Time Off Between Shifts 

69.1 Other than in cases of unavoidable necessity, Officers who are engaged in shift work shall be allov,,ed a 
minimum often hours benNeen shifts. 

70. Rostered Day Off 

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

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

70.3 Any Employee who attends a Departmental conference on their RDO, or who sits for an examination on 
their RDO, shall have another day off granted in lieu of the time so occupied. 

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

71. Excess Travelling Time 

71.I Any Employee who takes up duty temporarily away from their usual workplace shall be paid at ordimuy 
rates for any extra time occupied in travelling to and from such point of duty. 

71.1.1. 

71.1.2. 

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

In addition the Employee shall be paid an allowance of 25 minutes, calculated as per sub­
clause 71.4, daily in lieu of all scheduled connections where public transport is used. 

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

71.3 For the purposes of this clause Employees shall be regarded as not being on duty away from their usual 
workplace when working in any place within 3 .2 kilometres of such usual workplace measured by the 
nearest practical route. 

71.4 Ordinary rates for the purposes of this clause, means the rates paid for the work on which the Employee is 
engaged for the day. 

71.5 When an Employee is required to travel on duty outside the hours of his/her no1mal rostered shift, the 
Employee shall be paid for such travelling time at single rate, except where othenvise provided herein, to 
the extent that it exceeds two hours in each period of 24 hours but such payment shall be subject to a 
maximum of 12 hours (8 hours when a sleeping berth is provided) in each 24 hours. 

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 68.2.4. In calculating the allowances herein prescribed, broken parts of an hour of less than 30 minutes shall be disregarded and 30 minutes to 59 minutes shall be paid for as an hour. 68.2.5. In addition to the allowances prescribed herein, an Employee in receipt of an adult salary rate who signs on or off at or between 1.01am and 3.59am on Monday to Friday shall be paid a loading for that shift as outlined in Item 2 of Schedule C provided that such loading is not payable on a Public Holiday or overtime shift. 68.2.6. Other Officers shall be paid half the loading herein prescribed for the same turn of duty. 69. Time Off Between Shifts 69.1 Other than in cases of unavoidable necessity, Officers who are engaged in shift work shall be allowed a minimum of ten hours between shifts. 70. Rostered Day Off 70.1 An Officer's Rostered Day Off (RDO) shall consist of not less than 24 hours from time signed off until time signed on again. 70.2 When an Employee works on their RDO and is not given another day off in lieu in the same week, time worked shall stand alone and be paid for at the rate of double time if a Saturday or Sunday, or at the rate of time and a half for the first three hours and double time thereafter if any other day. 70.3 Any Employce who attends a Departmental conference on their RDO, or who sits for an examination on their RDO, shall have another day off granted in lieu of the time so occupied. 70.4 This clause shall not operate in the cases of Employees attending for any re-examinations. 71. Excess Travelling Time 71.1 Any Employee who takes up duty temporarily away from their usual workplace shall be paid at ordinary rates for any extra time occupied in travelling to and from such point of duty. 71.1.1. Payment shall be based on the shortest practical route in excess of that usually occupied in travelling between their residence and usual workplace. 71.1.2. In addition the Employee shall be paid an allowance of 25 minutes, calculated as per sub- clause 71.4, daily in lieu of all scheduled connections where public transport is used. 71.2 Any Employee who takes up duty temporarily away from their usual workplace shall be paid theamount of any additional fares reasonably incurred in travelling to and from such temporary point of duty. 71.3 For the purposes of this clause Employees shall be regarded as not being on duty away from their usual workplace when working in any place within 3.2 kilometres of such usual workplace measured by the nearest practical route. 71.4 Ordinary rates for the purposes of this clause, means the rates paid for the work on which the Employee is engaged for the day. 71.5 When an Employee is required to travel on duty outside the hours of his/her normal rostered shift, the Employee shall be paid for such travelling time at single rate, except where otherwise provided herein, to the extent that it exceeds two hours in each period of 24 hours but such payment shall be subject to a maximum of 12 hours (8 hours when a sleeping berth is provided) in each 24 hours. - 46 - 



71.6 The period of 24 hours shall be deemed to commence when travel c-0mmences and where the period 
exceeds 24 hours the time to be paid shall be computed afresh after expiration of each 24 hours absence. 

71.7 Payment for travelling time on a Saturday shall be at the rate of time and a quarter, and on a Sunday or a 
Public Holiday shall be at the rate of time and a half. 

71.8 Employees whose salary rates are in excess of the ma'l'.imum prescribed for Clerk, Special Grade, shal I not 
be eligible for the payment of travelling time. 

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

72. Change of Usual Workplace 

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

73. Increment Increases 

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

74. Termination of Employment 

Notice of termination by Employer 

74.1 

74.2 

74.3 

74.4 

74.5 

74.6 

In order to tenninate the employment of a pem1anent full-time or part-time Employee the Employer shall 
give to the Employee the period of notice specified in the table below: 

Period of continuous service Period of Notice 

I year or less I week 
Over 1 year and up to the completion of 3 years 2 weeks 
Over 3 years and up to the corn pletion of 5 years 3 weeks 
Over 5 years of completed service 4 weeks 

In addition to this notice, Employees over 45 years of age at the time of the giving of the notice with not 
less than i'NO years continuous service, are entitled to an additional week's notice. 

Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. 
Employment may be tc1m inated by the Employee working part of the required period of notice and by the 
Employer making payment for the remainder of the period of not ice. 

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

The period ofnotice in this clause, shall not apply in the case of dismissal for conduct that justifies instant 
dismissal including inefficiency within the first 14 days, neglect of duty or misconduct and in the case of 
casual Employees, Apprentices or Employees engaged for a specific period of time or for a specific task 
or tasks. 

TJHB commits not to implement any forced redundancies of Transferring Employees for a period of 
24months following the transfer of services to TJHB in the relevant region. 

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 71.6 The period of 24 hours shall be deemed to commence when travel commences and where the period exceeds 24 hours the time to be paid shall be computed afresh after expiration of each 24 hours absence. 71.7 Payment for travelling time on a Saturday shall be at the rate of time and a quarter, and on a Sunday or a Public Holiday shall be at the rate of time and a half. 71.8 Employees whose salary rates are in excess of the maximum prescribed for Clerk, Special Grade, shall not be eligible for the payment of travelling time. 71.9 Travelling time which is payable under this clause shall not be paid at a salary rate exceeding the maximum prescribed salary for Clerk Grade 6. 72. Change of Usual Workplace 72.1 The usual workplace of an Employee shall not be altered in any case where it is known at the time of transfer or temporary relocation to another place of employment that the Employee will be required to work at such place for less than six months. This clause shall not apply to Officers who are surplus to requirements. 73. Increment Increases 73.1 Annual increment increases for all Salaried Employees covered by this Agreement will only be approved subject to satisfactory performance. Such assessment of performance is to be completed prior to each Employee's anniversary of appointment to their current position. 74. Termination of Employment Notice of termination by Employer 74.1 In order to terminate the employment of a permanent full-time or part-time Employee the Employer shall give to the Employee the period of notice specified in the table below: Period of continuous service Period of Notice 1 year or less I week Over 1 year and up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years 3 weeks Over 5 years of completed service 4 weeks 74.2 In addition to this notice, Employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week's notice. 74.3 Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the Employee working part of the required period of notice and by the Employer making payment for the remainder of the period of notice. 74.4 In calculating any payment in lieu of notice, the wages an Employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used. 74.5 The period of notice in this clause, shall not apply in the case of dismissal for conduct that justifies instant dismissal including inefficiency within the first 14 days, neglect of duty or misconduct and in the case of casual Employees, Apprentices or Employees engaged for a specific period of time or for a specific task or tasks. 74.6 TJHB commits not to implement any forced redundancies of Transferring Employees for a period of 24months following the transfer of services to TJHB in the relevant region. - 47 - 



Notice of tel'mination by an Employee 

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

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

Time off during notice period 

74.9 Where an Employer has given notice of termination to an Employee, an Employee shall be allowed up to 
one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be 
taken at times that are convenient to the Employee after consultation with the Employer. 

75. Salary Rates 

75.1 Employees perfom1ing work within the classifications listed in the following tables will be paid annual 
salary at no less than the minimum rate adjacent to the relevant classification. 

75.2 Junior Salaries 

Junior Employees will be paid an hourly rate no less than the rate for the corresponding level contained in 
the applicable Modern Award. 

Age 
Under 17 

At 17 
At 18 
At 19 
At20 

75.3 Salaried Officers 

Grade 
I 
2 
3 
4 
5 
6 

Special 

Relativity % 
44 
50 
57 
68 
75 

Relathrity % 
83 
100 
103 
110 
118 
129 
140 

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 Notice of termination by an Employee 74.7 The notice of termination required to be given by an Employee is the same as that required of an Employer, save and except that there is no requirement on the Employee to give additional notice based on the age of the Employee concerned. 74.8 If an Employee fails to give notice the Employer has the right to withhold monies due to the Employee to a maximum amount equal to the ordinary time rate of pay for the period of notice. Time off during notice period 74.9 Where an Employer has given notice of termination to an Employee, an Employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the Employee after consultation with the Employer. 75. Salary Rates 75.1 Employees performing work within the classifications listed in the following tables will be paid annual salary at no less than the minimum rate adjacent to the relevant classification. 75.2 Junior Salaries Junior Employees will be paid an hourly rate no less than the rate for the corresponding level contained in the applicable Modern Award. Age Under 17 44 At 17 50 At 18 57 At 19 68 At 20 75 75.3 Salaried Officers Grade Relativity % 83 1 100 103 110 18 129 Special 140 - 48 - 



PART 2A - ADMINISTRATIVE STREAM 

76. Direct Appointment 

76.1 It is agreed that where a position is elevated by one grade the incumbent may be directly appointed to the 
new grade or the position advertised, with each particular circwnstance to be assessed by the Employer at 
the time and following consultation with the Union or other Employee representative, where applicable. 

77. Filling of Authorised Positions 

77.l When a position becomes vacant, the Employer shall determine if the position is to continue as an 
Authorised Position. 

77 .2 The Employer will fill vacant positions which it intends to maintain on its establishment within six months 
either pem1anently or in accordance with Clause 25 - Temporary Appointment. 

78. Traineeships 

78.l It is agreed that traineeships be offered by the Employer to enable such Employees to gain Salaried Officers 
experience, with the possibility of future appointment within the administrative areas. 

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 PART 2A - ADMINISTRATIVE STREAM 76. Direct Appointment 76.1 It is agreed that where a position is elevated by one grade the incumbent may be directly appointed to the new grade or the position advertised, with each particular circumstance to be assessed by the Employer at the time and following consultation with the Union or other Employee representative, where applicable. 77. Filling of Authorised Positions 77.1 When a position becomes vacant, the Employer shall determine if the position is to continue as an Authorised Position. 77.2 The Employer will fill vacant positions which it intends to maintain on its establishment within six months either permanently or in accordance with Clause 25 - Temporary Appointment. 78. Traineeships 78.1 It is agreed that trainceships be offered by the Employer to enable such Employees to gain Salaried Officers experience, with the possibility of future appointment within the administrative areas. - 49 - 



PART 2B - MAINTENANCE STREAM 

79. Filling of Authorised Positions 

79.1 When a position becomes vacant, the Employer shall determine if the position is to continue as an 
authorised position. 

79.2 The Employer will fill vacant positions which it intends to maintain on its establishment within six months 
either pennanently or in accordance with Clause 25 - Temporary Appointment. 

80. Flexibility 

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

80.2 The parties agree that no artificial barriers will be created to inhibit Employees carrying out duties in which 
they arc competent. Competence is acknowledged as being suitably qualified, licensed (where applicable) 
or having received any other recognised training either on-site or off-site. 

81. Master Roster Chan ge.s 

81.1 To ensure roster changes can be implemented within a short period of time and hence gain the maximum 
benefit it is agreed between the parties that 14 days notice is to be given to Employees where a Master 
Roster is to be changed. 

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 PART 2B - MAINTENANCE STREAM 79. Filling of Authorised Positions 79.1 When a position becomes vacant, the Employer shall determine if the position is to continue as an authorised position. 79.2 The Employer will fill vacant positions which it intends to maintain on its establishment within six months either permanently or in accordance with Clause 25 - Temporary Appointment. 80. Flexibility 80.1 In order to be cost-effective and ensure quality standards are met, the parties agree that all Employees will perform their allocated duties in an efficient and timely manner. 80.2 The parties agree that no artificial barriers will be created to inhibit Employees carrying out duties in which they are competent. Competence is acknowledged as being suitably qualified, licensed (where applicable) or having received any other recognised training either on-site or off-site. 81. Master Roster Changes 81.1 To ensure roster changes can be implemented within a short period of time and hence gain the maximum benefit it is agreed between the parties that 14 days notice is to be given to Employees where a Master Roster is to be changed. - 50 - 



PART 2C-OPERATIONAL SUPPORT STREAM 

82. Revenue Rooms 

82.1 To ensure services are maintained outside normal administrative hours, it is agreed between the parties 
that operations supervisory staff on duty at the depot can enter the Revenue Room to perfonn the following 
duties: 

• Change note fold, if necessary. 

• Rectify faults as required. 

• Rebooting computers and saving information. 

• Issue of lost property. 

82.2 Employees undertaking these duties will receive appropriate training associated with safe custody, cash 
regulations and security arrangements. Such training to be supplemented by prescribed procedures in the 
performance of this work, which are consistent with safe custody of cash and property requirements. 

83. Pass Issue 

83.l 1t is agreed between the parties, Duty Officers and Network Supervisors may be utilised to verify, issue or 
receive Holiday Passes in emergency situations outside of normal office hours. The audit requirements 
relative to the custody and security of passes are to be adhered to. 

84. Check Validity of Licences/Accreditation and Bus Operator Presentation 

84.1 Duty Officers and Network Supervisors can be required to check driver's licenses, Ministry of Transpo1t 
accreditation of staff operating the Employer's vehicles and the presentation of Bus Operators. 

85. Cleani11g and Maintaining Street Furniture, Ticket Readers and Driver Consoles 

85.1 It is agreed between the parties that Duty Officers and Network Supervisors will perform minor cleaning 
and maintenance to street furniture. fu addition they will exchange on board Automatic Fare Collection 
equipment (TR's and DC's) and undertake minor repairs to the extent that warranty requirements are not 
being breached. 

85.2 Any Employee covered by this Agreement who has the skills may be ut ilised to exchange on board 
ticketing cquipm ent (TR' s and DC' s) and undertake minor repairs to the extent that warranty req uircments 
are not being breached. 

86. Performance Assessment of Bus Operators 

86.1 To achieve and maintain customer support and satisfaction it is necessary to meet performance indicators 
and monitor those indicators. 

86.2 To determine if Bus Operators are meeting the required standards, it is agreed between the parties that 
Duty Officers and Network Supervisors will monitor bus operator perfonmmce. 

87. Minor Bus Repairs 

87 .1 Subject to determination of a list of repairs in conjunction with a Depot Service Manager, Duty Officers 
and Network Supervisors will perform minor bus repairs. It is ant icipated this work will be performed by 
the mobile truck and at selected terminals. 

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 PART 2C - OPERATIONAL SUPPORT STREAM 82. Revenue Rooms 82.1 To ensure services are maintained outside normal administrative hours, it is agreed between the parties that operations supervisory staff on duty at the depot can enter the Revenue Room to perform the following duties: Change note fold, if necessary. Rectify faults as required. . Rebooting computers and saving information. . Issue of lost property. . 82.2 Employees undertaking these duties will receive appropriate training associated with safe custody, cash regulations and security arrangements. Such training to be supplemented by prescribed procedures in the performance of this work, which are consistent with safe custody of cash and property requirements. 83. Pass Issue 83.1 It is agreed between the parties, Duty Officers and Network Supervisors may be utilised to verify, issue or receive Holiday Passes in emergency situations outside of normal office hours. The audit requirements relative to the custody and security of passes are to be adhered to. 84. Check Validity of Licences/Accreditation and Bus Operator Presentation 84.1 Duty Officers and Network Supervisors can be required to check driver's licenses, Ministry of Transport accreditation of staff operating the Employer's vehicles and the presentation of Bus Operators. 85. Cleaning and Maintaining Street Furniture, Ticket Readers and Driver Consoles 85.1 It is agreed between the parties that Duty Officers and Network Supervisors will perform minor cleaning and maintenance to street furniture. In addition they will exchange on board Automatic Fare Collection equipment (TR's and DC's) and undertake minor repairs to the extent that warranty requirements are not being breached. 35.2 Any Employee covered by this Agreement who has the skills may be utilised to exchange on board ticketing equipment (TR's and DC's) and undertake minor repairs to the extent that warranty requirements are not being breached. 86. Performance Assessment of Bus Operators 86.1 To achieve and maintain customer support and satisfaction it is necessary to meet performance indicators and monitor those indicators. 86.2 To determine if Bus Operators are meeting the required standards, it is agreed between the parties that Duty Officers and Network Supervisors will monitor bus operator performance. 87. Minor Bus Repairs 87.1 Subject to determination of a list of repairs in conjunction with a Depot Service Manager, Duty Officers and Network Supervisors will perform minor bus repairs. It is anticipated this work will be performed by the mobile truck and at selected terminals. - 51- 



88. Bus Operations 

88.1 Duty Otlicers and Network Supervisors are to maintain bus operator accreditation to operate bus services 
in the event of an emergency and the unavailability of on-call staff. This action is limited to the operation 
of a bus to the nearest terminus, setting down only. As well, the Employee must have driven a bus on a 
public roadway or have undertaken refresher training ("Brush-Up") within the preceding three months 
prior to taking over the control of any bus in traffic. 

89. Handover Period 

89.1 Where a Duty Officer, a Network Supervisor, or a Network Control Supervisor signs off and is replaced, 
and their work is taken over by another Duty Officer, a Network Supervisor, or a Network Control 
Supervisor, there will be a ten minute handover period built into the shift. 

90. Fatigue Management 

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

91. Dut}· Officer (Night) Relief 

91.l All current work practices concerning Duty Officer (l\'ight) relief work will be undertaken by suitably 
qualified Bus Operators, by examination. 

91.2 There will be no changes to the relief duties currently applying to the Bus Operations structure (refer to 
clauses 93.31 to 93.34 inclusive, of this Agreement). 

92. Operational Control Centre Qualification Training 

92.1 The employer will provide periodical training for Employees who wish to work in the Operational Control 
Centre. 

92.2 Applicants for the training will be selected on merit. 

92.3 Successful applicants will participate in a full training course that will provide them with the skills to work 
in the Operational Control Centre. 

92.4 Applicants who successfully complete the training will participate in a Operational Control Centre 
development program. 

92.S Once qualified, Employees will be added to a development pool, consisting of no less than eight 
Employees. 

92.6 Qualified Employees will be rostercd periodically to work in the Operational Control Centre. This will be 
done on a rotational basis through the development pool. 

92.7 Qualified Employees may be asked to work in the Operational Control Centre from time to time subject 
to operational requirements. 

93. Duty Officers and Network Supervisors Roster Principles 

93.1 These principles only apply to those employees that are classified as, or acting as, Duty Officers or 
Network Supervisors and will be rostered 152 ordinary hours in a four-week cycle. 

93.2 Employees will be rostered one ADO in each four-week roster cycle. 

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 88. Bus Operations 88.1 Duty Officers and Network Supervisors are to maintain bus operator accreditation to operate bus services in the event of an emergency and the unavailability of on-call staff. This action is limited to the operation of a bus to the nearest terminus, setting down only. As well, the Employee must have driven a bus on a public roadway or have undertaken refresher training ("Brush-Up") within the preceding three months prior to taking over the control of any bus in traffic. 89. Handover Period 89.1 Where a Duty Officer, a Network Supervisor, or a Network Control Supervisor signs off and is replaced, and their work is taken over by another Duty Officer, a Network Supervisor, or a Network Control Supervisor, there will be a ten minute handover period built into the shift. 90. Fatigue Management 90.1 The parties recognise the application of the fatigue management principles to all transport safety work. The parties are committed to abide by current and future legislation relating to fatigue management in the rostering of all transport safety work. 91. Duty Officer (Night) Relief 91.1 All current work practices concerning Duty Officer (Night) relief work will be undertaken by suitably qualified Bus Operators, by examination. 91.2 There will be no changes to the relief duties currently applying to the Bus Operations structure (refer to clauses 93.31 to 93.34 inclusive, of this Agreement). 92. Operational Control Centre Qualification Training 92.1 The employer will provide periodical training for Employees who wish to work in the Operational Control Centre. 92.2 Applicants for the training will be selected on merit. 92.3 Successful applicants will participate in a full training course that will provide them with the skills to work in the Operational Control Centre. 92.4 Applicants who successfully complete the training will participate in a Operational Control Centre development program. 92.5 Once qualified, Employees will be added to a development pool, consisting of no less than eight Employees, 92.6 Qualified Employees will be rostered periodically to work in the Operational Control Centre. This will be done on a rotational basis through the development pool. 92.7 Qualified Employees may be asked to work in the Operational Control Centre from time to time subject to operational requirements. 93. Duty Officers and Network Supervisors Roster Principles 93.1 These principles only apply to those employees that are classified as, or acting as, Duty Officers or Network Supervisors and will be rostered 152 ordinary hours in a four-week cycle. 93.2 Employees will be rostered one ADO in each four-week roster cycle. .52- 



CONSULTATION 

93.3 In the construction and maintenance ofrosters, management will consult with Employees. 

93.4 When consulting with Employees, the following issues should be considered: 

• \Vorkplace, Health and Safety. 

• Carer's responsibilities. 

• impact upon the family and social responsibilities of the affected Employees. 

MASTER ROSTER 

93.5 A Master Roster is the template that all period rosters are based upon and will contain all known work. 

INTRODUCTION OF MASTER ROSTERS 

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

93.7 Master Rosters shall be adjusted on the provision of28 days notice up to a maximum of twice per calendar 
year, except in exceptional circumstances, and in consultation with affected Employees, Master Rosters 
will be adj ustcd in the following manner: 

93.7.1. 

93.7.2. 

93.7.3. 

On the 28th day prior to introduction, a copy of the new Duty and Period Roster is to be 
given to all affected Employees and an additional copy placed on the depot notice board. 

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

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

93.8 Rosters will be worked where they comply with all relevant policies, industrial instruments and 
regulations. 

PERIOD ROSTERS 

93.9 Four weekly Period Rosters are constructed by using the Master Roster as the template and then making 
the necessary alterations to shifts or lines of work in accordance with the business needs for the ensuing 
four weeks, which includes all known work. 

93. lO Period Rosters will be posted on the Tuesday prior to the commencement of the new Period Roster on the 
Sunday. 

93. I I When constructing the Period Roster, if a day off pattern in the Period Roster is altered to he different to 
the Master Roster, the relevant manager wil I consult with affected Employees, except during a week where 
a Public Holiday falls on a weekday. In such instance a day off may be inserted into the Public Holiday. 

93.12 lf an Employee has had approval to clear a Public Holiday, there will be no requirement to work the Public 
Holiday unless otherwise agreed between the Employee and Employer. 

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

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 CONSULTATION 93.3 In the construction and maintenance of rosters, management will consult with Employees. 93.4 When consulting with Employees, the following issues should be considered: Workplace, Health and Safety. . Carer's responsibilities. . Impact upon the family and social responsibilities of the affected Employees. MASTER ROSTER 93.5 A Master Roster is the template that all period rosters are based upon and will contain all known work. INTRODUCTION OF MASTER ROSTERS 93.6 In order to meet changing customer, operational and commercial requirements, it is necessary from time to time to alter rosters to cater for changed circumstances. 93.7 Master Rosters shall be adjusted on the provision of 28 days notice up to a maximum of twice per calendar year, except in exceptional circumstances, and in consultation with affected Employees, Master Rosters will be adjusted in the following manner: 93.7.1. On the 28th day prior to introduction, a copy of the new Duty and Period Roster is to be given to all affected Employees and an additional copy placed on the depot notice board. 93.7.2. On the 21st day prior to introduction, concerns raised with the rosters are to be provided to the relevant Manager. During the next seven days, the relevant Manager is to modify the roster on the basis of concerns raised, providing such alterations do not impact on the overall efficiency and cost of the roster. 93.7.3. The roster is to be displayed on the Tuesday prior to introduction. 93.8 Rosters will be worked where they comply with all relevant policies, industrial instruments and regulations. PERIOD ROSTERS 03.9 Four weekly Period Rosters are constructed by using the Master Roster as the template and then making the necessary alterations to shifts or lines of work in accordance with the business needs for the ensuing four weeks, which includes all known work. 93.10 Period Rosters will be posted on the Tuesday prior to the commencement of the new Period Roster on the Sunday. 93.11 When constructing the Period Roster, if a day off pattern in the Period Roster is altered to be different to the Master Roster, the relevant manager will consult with affected Employees, except during a week where a Public Holiday falls on a weekday. In such instance a day off may be inserted into the Public Holiday. 93.12 If an Employee has had approval to clear a Public Holiday, there will be no requirement to work the Public Holiday unless otherwise agreed between the Employee and Employer. 93.13 Employees may exchange shifts by mutual agreement providing management approves the exchange. -53 - 



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

93.15 When constructing the Period Roster, if there are more cut-out lines of work than there are holiday relief 
staff and that cut-out line of work is two weeks duration ( 14 calendar days) or more, then that Ii ne of work 
will be offered to a suitably qualified Duty Officer or Network Supervisor. lf the cut-out line of work is 
less than two weeks duration (14 calendar days) and if the Employer determines that the short- term 
cancellation of the shift would adversely impact on the Employer' s delivery of services to customers 
(passengers), then those shifts will be DOC'd into the existing roster. 

DAIL V MAINTENANCE OF PERIOD ROSTERS 

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

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

93.18 Where the Employer makes a decision to fill a vacant Duty Officer or Network Supervisor shift at any 
depot the following procedures will apply: 

93.18.l. 

93.18.2. 

93.18.3. 

93.18.4. 

When maintaining the Period Roster, if cut-out work of2 weeks durat ion ( 14 calendar days) 
or more becomes available, then that cut-out work will be offered to a suitably qualified 
Duty Officer or Network Supervisor. If the cut-out work is less than two weeks duration 
(14 calendar days), then those shifts will be DOC'd into the existing roster following the 
below procedure: 

When the vacant shift is to be DOC'd into the roster, it will be offered to the Duty Officer 
or Network Supervisor from the depot/area where the vacant shift exists in the order of least 
amount of offered DOCs for the current financial year. 

Should there be no Officer from the depot/region where the vacant shift exists available to 
fill the vacant shift. the shift will be offered to Duty Officers or Network Supervisors. The 
shift to be DOC'd will be offered to the Officer with the least amount of offered DOCs for 
the current financial year, at the depot closest to where the shift is to be worked. 

If the employer has exhausted all options available, a Senior or Salaried Employee may be 
rostered to assist a Duty Officer or Network Supervisor with their duties. 

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

93.20 Any Employee that attends for duty in accordance with instructions but is not required, shall receive a 
minimum of five hours pay unless at least I 2 hours notice was given to them that they were not required 
for duty. 

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

93.22 Employees that perform shift work will have one week in every three away from shifts that finish between 
midnight and 8am, unless mutually agreed between the Employee and Employer. 

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 93.14 Special events are to be built into the Period Roster where known and will also be posted at least 14 days prior to the event where known. When notice of a special event is obtained after the posting of the period roster, the rosters are to be altered in consultation with affected Employees. 93.15 When constructing the Period Roster, if there are more cut-out lines of work than there are holiday relief staff and that cut-out line of work is two weeks duration (14 calendar days) or more, then that line of work will be offered to a suitably qualified Duty Officer or Network Supervisor. If the cut-out line of work is less than two weeks duration (14 calendar days) and if the Employer determines that the short- term cancellation of the shift would adversely impact on the Employer's delivery of services to customers (passengers), then those shifts will be DOC'd into the existing roster. DAILY MAINTENANCE OF PERIOD ROSTERS 93.16 No alteration shall be made to the hours of work of any Employee except in cases of sickness, accident, failure of duty or suspension from duty of an Employee, attendance of an Employee at court or leave for Employees at short notice, unless the Employee is notified of such alteration on attending for duty on the shift proceeding the one altered. The notice period can be waived by mutual agreement between the Employer and Employee. If an Employee has two days off together, they must be advised of any alteration of their work on the first day of their days off. 93.17 The provisions of this clause do not apply in emergencies or unforeseen circumstances. 93.18 Where the Employer makes a decision to fill a vacant Duty Officer or Network Supervisor shift at any depot the following procedures will apply: 93.18.1. When maintaining the Period Roster, if cut-out work of 2 weeks duration (14 calendar days) or more becomes available, then that cut-out work will be offered to a suitably qualified Duty Officer or Network Supervisor. If the cut-out work is less than two weeks duration (14 calendar days), then those shifts will be DOC'd into the existing roster following the below procedure: 93.18.2. When the vacant shift is to be DOC'd into the roster, it will be offered to the Duty Officer or Network Supervisor from the depot/area where the vacant shift exists in the order of least amount of offered DOCs for the current financial year. 93.18.3. Should there be no Officer from the depot/region where the vacant shift exists available to fill the vacant shift, the shift will be offered to Duty Officers or Network Supervisors. The shift to be DOC'd will be offered to the Officer with the least amount of offered DOCs for the current financial year, at the depot closest to where the shift is to be worked. 93.18.4. If the employer has exhausted all options available, a Senior or Salaried Employee may be rostered to assist a Duty Officer or Network Supervisor with their duties. 93.19 Employees will not be called upon to work a broken shift on a Saturday, Sunday or Public Holiday. 93.20 Any Employee that attends for duty in accordance with instructions but is not required, shall receive a minimum of five hours pay unless at least 12 hours notice was given to them that they were not required for duty. 93.21 If an Employee commences duty and is not required for the full shift, they will receive a minimum of seven hours pay. 93.22 Employees that perform shift work will have one week in every three away from shifts that finish between midnight and 8am, unless mutually agreed between the Employee and Employer. - 54 - 



OVERTIME 

93.23 Employees will only work overtime when they have been properly authorised to do so. 

93,24 Employees will be provided with 24 hours notice of the requirement to work overtime where it is practical 
to do so. 

93.25 Employees will have a ten hour break between shifts. 

93.26 Period Rosters will show the commencement and finishing times of all shifts. This clause does not apply 
in cases of emergency or special events. 

EMPLOYEES ON LOAN 

93.27 Employees on loan to other depots will be provided with secure facilities for personal items. 

REDUCTIO~S IN LINES OF WORK 

93.28 Affected Employees will be consulted when the number of lines on a roster is reduced. 

VACANT LINE OF WORK 

93.29 When a line of work becomes vacant at any depotiregion it will be filled by an Employee at that 
depot/region with a transfer lodged for the line of work. The resultant vacancy will be filled by an 
Employee with a transfer lodged for the depot/region in which the line of work has become vacant 
providing there is no Excess Employee within the grade that either have the skills or can acquire the skills 
in the timeframe pursuant to the Employer's Excess Employees Policy. In this case, the position will be 
filled by the Excess Employee. ff there arc no Excess Employees available and no transfers lodged, the 
vacant line of work will be advertised and filled on merit. 

93.30 When a line of work becomes vacant the Employer wi 11: 

93.30.L 

93.30.2. 

93.30.3. 

Make a decision about how the position is to be filled. 

If the position is to be filled, either pemrnnently or in accordance to clause 25 - Temporary 
Appointment, the process offi!ling the position will be fully completed within 12 weeks 
from the position becoming vacant. 

If the Employer makes a decision to abolish the position, it will enter into a consultative 
process pursuant to clause 20. 

CONSTRUCTCON OF DUTY OFFICER (NIGHT) PERIOD ROSTER 

93.31 When constructing the Period Roster, existing relief ammgemcnt enabling suitably qualified l3us 
Operators, qualified by examination, to perform Duty Officer (Night) cut-out lines of \-vork are to continue. 

93.32 \.\'hen constructing the new Period Roster, the Duty Officer (Night) "ADO" shift should not be covered by 
either qualified Bus Operator or Duty Officer (Night) rosters until it can be determined if there will be 
Days Off Cancelled (DOC) in the Bus Operators' rosters. 

DAILY MAINTENANCE OF DUTY OFFICER (NIGHT) ROSTER 

93.33 If the Bus Operator's staff position is such that the DOC's are being rostered, then the vacant shift 
(including ADO shift) is rostered into the Duty Officer (Night) line of work as a DOC. 

93.34 If the Bus Operator's staff position is such that there are no DOCs being rostered, then the vacant Duty 
Officer (Night) shift is to be rostered to a suitably qualified Bus Operator as an ordinary shift. 

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 OVERTIME 93.23 Employees will only work overtime when they have been properly authorised to do so. 93.24 Employees will be provided with 24 hours notice of the requirement to work overtime where it is practical to do so. 93.25 Employees will have a ten hour break between shifts. 93.26 Period Rosters will show the commencement and finishing times of all shifts. This clause does not apply in cases of emergency or special events. EMPLOYEES ON LOAN 93.27 Employees on loan to other depots will be provided with secure facilities for personal items. REDUCTIONS IN LINES OF WORK 93.28 Affected Employees will be consulted when the number of lines on a roster is reduced. VACANT LINE OF WORK 93.29 When a line of work becomes vacant at any depot/region it will be filled by an Employee at that depot/region with a transfer lodged for the line of work. The resultant vacancy will be filled by an Employee with a transfer lodged for the depot/region in which the line of work has become vacant providing there is no Excess Employee within the grade that either have the skills or can acquire the skills in the timeframe pursuant to the Employer's Excess Employees Policy. In this case, the position will be filled by the Excess Employee. If there are no Excess Employees available and no transfers lodged, the vacant line of work will be advertised and filled on merit. 93.30 When a line of work becomes vacant the Employer will: 93.30.1. Make a decision about how the position is to be filled. 93.30.2. If the position is to be filled, either permanently or in accordance to clause 25 - Temporary Appointment, the process of filling the position will be fully completed within 12 weeks from the position becoming vacant. 93.30.3. If the Employer makes a decision to abolish the position, it will enter into a consultative process pursuant to clause 20. CONSTRUCTION OF DUTY OFFICER (NIGHT) PERIOD ROSTER 93.31 When constructing the Period Roster, existing relief arrangement enabling suitably qualified Bus Operators, qualified by examination, to perform Duty Officer (Night) cut-out lines of work are to continue. 93.32 When constructing the new Period Roster, the Duty Officer (Night) "ADO" shift should not be covered by either qualified Bus Operator or Duty Officer (Night) rosters until it can be determined if there will be Days Off Cancelled (DOC) in the Bus Operators' rosters. DAILY MAINTENANCE OF DUTY OFFICER (NIGHT) ROSTER 93.33 If the Bus Operator's staff position is such that the DOC's are being rostered, then the vacant shift (including ADO shift) is rostered into the Duty Officer (Night) line of work as a DOC. 93.34 If the Bus Operator's staff position is such that there are no DOCs being rostered, then the vacant Duty Officer (Night) shift is to be rostered to a suitably qualified Bus Operator as an ordinary shift. - 55 - 



94. Operational Control Centre Roster Principles 

94.1 These principles only apply to those Employees that are dassi fied, or acting, as Operational Control Centre 
Senior Operational Controller or Operational Controller and will be rostered 152 ordinary hours in a four­
week cycle. 

94.2 Employees will be rostered one ADO in each four-week roster cycle. 

CONSULTATION 

94.3 In the construction and maintenance ofrosters, management will consult with Employees. 

94.4 When consulting with Employees, the following issues should be considered 

• Workplace, Health and Safety. 

• Carer's responsibilities. 

• Impact upon the family and social responsibilities of the affected Employees. 

MASTER ROSTER 

94.5 A Master Roster is the template that all Period Rosters are based upon. 

INTRODUCTION OF MASTER ROSTERS 

94.6 In order to meet changing customer, operational and commercial requirement5 it is necessary from time to 
time to alter rosters to cater for changed circumstances. 

94.7 Master Rosters shall be adjusted on the provision of28 days notice up to a maximum of twice per calendar 
year, except in exceptional circumstances, and in consultation with affected Employees, Master Rosters 
will be adjusted in the following manner: 

94.7.1. 

94.7.2. 

94.7.3. 

On the 28th day prior to introduction, a copy of the new Duty and Period Roster is to be 
given to all affected Employees and an additional copy placed on the depot notice board. 

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

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

94.8 Rosters will be worked where they comply with all relevant policies, the industrial instruments and 
relevant Regulations. 

PERIOD ROSTERS 

94.9 Four weekly Period Rosters are constructed by using the ~faster Roster as the template and then making 
the necessary alterations to shifts or lines of work in accordance with the business needs for the ensuing 
four weeks, which includes all known work. 

94.10 Period Rosters will be posted on the Tuesday prior to the commencement of the new Period Roster on the 
Sunday. 

94.11 When constructing the Period Roster, if a day off pattern in the Period Roster is altered to be different to 
the Master Roster, the relevant manager will consult with affected Employees, except during a week where 
a Public Holiday falls on a weekday. In such instance, a day off may be inserted into the Public Holiday. 

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 94. Operational Control Centre Roster Principles 94.1 These principles only apply to those Employees that are classified, or acting, as Operational Control Centre Senior Operational Controller or Operational Controller and will be rostered 1 52 ordinary hours in a four- week cycle. 94.2 Employees will be rostered one ADO in each four-week roster cycle. CONSULTATION 94.3 In the construction and maintenance of rosters, management will consult with Employees. 94.4 When consulting with Employees, the following issues should be considered . Workplace, Health and Safety. Carer's responsibilities. . . Impact upon the family and social responsibilities of the affected Employees. MASTER ROSTER 94.5 A Master Roster is the template that all Period Rosters are based upon. INTRODUCTION OF MASTER ROSTERS 94.6 In order to meet changing customer, operational and commercial requirements it is necessary from time to time to alter rosters to cater for changed circumstances. 94.7 Master Rosters shall be adjusted on the provision of 28 days notice up to a maximum of twice per calendar year, except in exceptional circumstances, and in consultation with affected Employees, Master Rosters will be adjusted in the following manner: 94.7.1. On the 28th day prior to introduction, a copy of the new Duty and Period Roster is to be given to all affected Employees and an additional copy placed on the depot notice board. 94.7.2. On the 21st day prior to introduction, concerns raised with the rosters are to be provided to the relevant manager. During the next seven days, the relevant manager is to modify the roster on the basis of concerns raised, providing such alterations do not impact on the overall efficiency and cost of the roster. 94.7.3. The roster is to be displayed on the Tuesday prior to introduction. 94.8 Rosters will be worked where they comply with all relevant policies, the industrial instruments and relevant Regulations. PERIOD ROSTERS 94.9 Four weekly Period Rosters are constructed by using the Master Roster as the template and then making the necessary alterations to shifts or lines of work in accordance with the business needs for the ensuing four weeks, which includes all known work. 94.10 Period Rosters will be posted on the Tuesday prior to the commencement of the new Period Roster on the Sunday. 94.11 When constructing the Period Roster, if a day off pattern in the Period Roster is altered to be different to the Master Roster, the relevant manager will consult with affected Employees, except during a week where a Public Holiday falls on a weekday. In such instance, a day off may be inserted into the Public Holiday. - 56 - 



94.12 When constructing the Period Roster, higher-grade Senior duties should be rostered first on a rotational 
basis. The suitability of a OCC Officer to act in the Senior's position will be at the discretion of 
management in consultation with a Senior OCC Officer, and the Employee's representative. Once rostered 
the supervisor shift, that Employee will be deemed to be the Senior on that shift unless a mutual swap is 
arranged with a Senior whom has been rostered a DOC. 

94.13 If an Employee has had approval to clear a Public Holiday, there will be no requirement to work the Public 
Holiday unless otherwise agreed between the Employee and Employer. 

94.14 Employees may exchange shifts by mutual agreement providing management approves the exchange, the 
exchange will not be in breach of Fatigue Management principles and will be in accordance with any 
industrial instruments governing the Employees. 

94.15 Special events shifts are to be built into the Period Roster where known and will also be posted 14 days 
prior to the event where kno\.\-n. When notice of a special event is obtained after the posting of the period 
roster, the rosters are to be altered in consultation with affected Employees. 

94.16 When constructing the Period Roster, if there are more cut-out lines of work than there are holiday relief 
staff and that cut-out line of work is one week duration (seven calendar days) or more, then that line of 
work will be offered to a suitably qualified Employee from the relief pool. If the cut-out line of work is 
less than one week duration lseven calendar days), then those shifts will be DOC'd into the existing roster. 

DAILY MAINTENANCE OF PERIOD ROSTERS 

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

94.1. 8 The provisions of this clause do not apply in emergencies or unforeseen circumstances. 

94.19 Where the Employer makes a decision to fill a vacant Senior OCC Officer or Operational Controller shift, 
the following procedures will apply: 

94.19.1. 

94.19.2. 

94.19.3. 

When maintaining the Period Roster, if cut-out work of one week duration (seven calendar 
days) or more becomes available, then that work will be offered to a suitably qualified 
Employee from the relief pool. If the cut-out work is less than one week duration (seven 
calendar days), then those shifts may, at the discretion of the management, be DOC'd into 
the existing roster following the below procedure: 

When the vacant shift is to be DOC'd into the Operational Control Centre Period Roster, it 
will be offered to the Controller in the order ofleast amount ofoffered DOC's for the current 
financial year. 

Should there be no OCC Officer or Senior OCC Officer rostered off on the day and the 
Employer detem1ines that the shift must be covered, overtime can be offered to OCC Officer 
or Senior OCC Officer to cover the shift providing that the extended shift does not exceed 
12 hours. ff this overtime cannot be worked, then the shift will be rostercd to a suitably 
qualified Employee from the relief pool. 

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

94.21 Any employee that attends for duty in accordance with instructions but is not required, shall receive a 
minimum of five hours pay unless at least 12 hours notice was given to them that they were not required 
for duty. 

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 94.12 When constructing the Period Roster, higher-grade Senior duties should be rostered first on a rotational basis. The suitability of a OCC Officer to act in the Senior's position will be at the discretion of management in consultation with a Senior OCC Officer, and the Employee's representative. Once rostered the supervisor shift, that Employee will be deemed to be the Senior on that shift unless a mutual swap is arranged with a Senior whom has been rostered a DOC. 94.13 If an Employee has had approval to clear a Public Holiday, there will be no requirement to work the Public Holiday unless otherwise agreed between the Employee and Employer. 94.14 Employees may exchange shifts by mutual agreement providing management approves the exchange, the exchange will not be in breach of Fatigue Management principles and will be in accordance with any industrial instruments governing the Employees. 94.15 Special events shifts are to be built into the Period Roster where known and will also be posted 14 days prior to the event where known. When notice of a special event is obtained after the posting of the period roster, the rosters are to be altered in consultation with affected Employees. 94.16 When constructing the Period Roster, if there are more cut-out lines of work than there are holiday relief staff and that cut-out line of work is one weck duration (seven calendar days) or more, then that line of work will be offered to a suitably qualified Employee from the relief pool. If the cut-out line of work is less than one week duration (seven calendar days), then those shifts will be DOC'd into the existing roster. DAILY MAINTENANCE OF PERIOD ROSTERS 94.17 No alteration shall be made to the hours of work of any Employee except in cases of sickness, accident, failure of duty or suspension from duty of an Employee, attendance of an Employee at court or leave for Employees at short notice, unless the Employee is notified of such alteration on attending for duty on the shift proceeding the one altered. The notice period can be waived by mutual agreement between the Employer and Employee. If an Employee has two days off together, they must be advised of any alteration of their work on the first day of their days off. 94.18 The provisions of this clause do not apply in emergencies or unforeseen circumstances. 94.19 Where the Employer makes a decision to fill a vacant Senior OCC Officer or Operational Controller shift, the following procedures will apply: 94.19.1. When maintaining the Period Roster, if cut-out work of one week duration (seven calendar days) or more becomes available, then that work will be offered to a suitably qualified Employee from the relief pool. If the cut-out work is less than one week duration (seven calendar days), then those shifts may, at the discretion of the management, be DOC'd into the existing roster following the below procedure: 94.19.2. When the vacant shift is to be DOC'd into the Operational Control Centre Period Roster, it will be offered to the Controller in the order of least amount of offered DOC's for the current financial year. 94.19.3. Should there be no OCC Officer or Senior OCC Officer rostered off on the day and the Employer determines that the shift must be covered, overtime can be offered to OCC Officer or Senior OCC Officer to cover the shift providing that the extended shift does not exceed 12 hours. If this overtime cannot be worked, then the shift will be rostered to a suitably qualified Employee from the relief pool. 94.20 Employees will not be called upon to work a broken shift on a Saturday, Sunday or Public Holiday. 94.21 Any employee that attends for duty in accordance with instructions but is not required, shall receive a minimum of five hours pay unless at least 12 hours notice was given to them that they were not required for duty. - 57- 



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

94.23 Employees that perform shift work will have one week in every three away from shifts that finish between 
midnight and 8am, unless mutually agreed between the Employee and Employer. 

OVERTIME 

94.24 Employees will only work overtime when they have been properly authorised to do so. 

94.25 Employees will be provided with 24 hours notice of the requirement to work overtime where it is practical 
to do so. 

94.26 Employees will have a ten hour break between shifts. 

94.27 Period rosters will show the commencement and finishing times of all shifts. This clause does not apply 
in cases of emergency or special events. 

EMPLOYEES ON LOAN 

94.28 Employees on loan to the Operational Control Centre will be provided with secure facilities for personal 
items. 

RJIDUCTIONS IN LINES OF WORK 

94.2 9 Affected Employees will be consulted when the number of lines on a roster is to be reduced. 

VACANT LINE OF WORK 

94.30 When a line of work becomes vacant, it will be first offered to the holiday relief Employee. If there are no 
Excess Employees available and no transfers lodged, the vacant line of work will be advertised and filled 
on merit. 

94.31 When a vacant line of work becomes vacant the Employer will: 

94.31.1. 

94.31.2. 

94.31.3. 

Make a decision about how the position is to be filled. 

If the position is to be filled, either permanently or in accordance to clause 25 - Temporary 
Appointment, the process of filling the position will be fully completed with in 12 weeks 
from the position becoming vacant 

Tf the Employer makes a decision to abolish the position it will enter into a consultative 
process pursuant to clause 20. 

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 94.22 If an Employee commences duty and is not required for the full shift, they will receive a minimum of seven hours pay. 94.23 Employees that perform shift work will have one week in every three away from shifts that finish between midnight and 8am, unless mutually agreed between the Employee and Employer. OVERTIME 94.24 Employees will only work overtime when they have been properly authorised to do so. 94.25 Employees will be provided with 24 hours notice of the requirement to work overtime where it is practical to do so. 94.26 Employees will have a ten hour break between shifts. 94.27 Period rosters will show the commencement and finishing times of all shifts. This clause does not apply in cases of emergency or special events. EMPLOYEES ON LOAN 94.28 Employees on loan to the Operational Control Centre will be provided with secure facilities for personal items. REDUCTIONS IN LINES OF WORK 94.29 Affected Employees will be consulted when the number of lines on a roster is to be reduced. VACANT LINE OF WORK 94.30 When a line of work becomes vacant, it will be first offered to the holiday relief Employee. If there are no Excess Employees available and no transfers lodged, the vacant line of work will be advertised and filled on merit. 94.31 When a vacant line of work becomes vacant the Employer will: 94.31.1. Make a decision about how the position is to be filled. 94.31.2. If the position is to be filled, either permanently or in accordance to clause 25 - Temporary Appointment, the process of filling the position will be fully completed within 12 weeks from the position becoming vacant. 94.31.3. If the Employer makes a decision to abolish the position it will enter into a consultative process pursuant to clause 20. - 58- 



PART 3 ~ SENIOR OFFICER STREAM 

95. Hours of Work for Senior Officers 

95.I The ordinary hours of work for full time Senior Officers covered by this Agreement shall be 38 hours per 
week. 

95.2 Casual and Temporary Senior Officers may be required to work at any of the Employer's work locations. 

95.3 Ordinary hours of duty may be worked to provide for 152 hours work in a four-week work cycle to enable 
officers to have one day off duty during that cycle by accruing additional working time on other working 
days, such hours to be ananged within shift limits specified in 96.1. Payment in these circumstances to be 
made on an averaging basis of 76 ordinary hours a f011night. 

96. Span of Hours 

96.1 Tiie span of ordinary hours shall be 6.30am to 5.30pm. These hours may be altered by mutual agreement 
in writing between the Employer and the Employee in accordance with flexible working arrangements. 

Overtime and Recall to Duty Provisions for Senior Officers 

Overtime 

96.2 Senior Officers covered by this Agreement are not entitled to payment for time worked in excess of their 
ordinary hours of duty. However, the Employer and Employees and their representatives, may make 
arrangements for a payment to be made to Employees required to work overtime, consistent with sub­
clause 96.3. 

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

96.4 When overtime work is necessary it shall, where reasonably practicable, be arranged so that Employees 
l1ave at least ten consecutive hours off duty between the work of successive days. 

Recall to Duty 

96.5 A Senior Officer recalled to duty outside of the Employee's normal working hours shall be paid a minimum 
of three hours at the rate prescribed in sub-clause 96.3. No additional payment will be provided for travel 
time involved in any recall to duty under this dause. 

96.6 Any claim made by a Senior Officer in accordance with this clause, must be approved by the Senior 
Officer's Head of. 

Time off in lieu 

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

96.8 Where a Senior Officer has not cleared time off in lieu within three months of accrual, the Senior Officer 
shall be paid for the time in lieu at the appropriate rate or rates. 

96.9 The Employer shall record time off in lieu arrangements for each time this provision is used. 

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 PART 3 - SENIOR OFFICER STREAM 95. Hours of Work for Senior Officers 95.1 The ordinary hours of work for full time Senior Officers covered by this Agreement shall be 38 hours per week. 95.2 Casual and Temporary Senior Officers may be required to work at any of the Employer's work locations. 95.3 Ordinary hours of duty may be worked to provide for 152 hours work in a four-week work cycle to enable officers to have one day off duty during that cycle by accruing additional working time on other working days, such hours to be arranged within shift limits specified in 96.1. Payment in these circumstances to be made on an averaging basis of 76 ordinary hours a fortnight. 96. Span of Hours 96.1 The span of ordinary hours shall be 6.30am to 5.30pm. These hours may be altered by mutual agreement in writing between the Employer and the Employee in accordance with flexible working arrangements. Overtime and Recall to Duty Provisions for Senior Officers Overtime 96.2 Senior Officers covered by this Agreement are not entitled to payment for time worked in excess of their ordinary hours of duty. However, the Employer and Employees and their representatives, may make arrangements for a payment to be made to Employees required to work overtime, consistent with sub- clause 96.3. 96.3 Subject to the prior approval of the relevant Head of, Senior Officers required to perform additional duties outside normal hours (e.g. extraordinary activities, special projects and special events), shall be paid at the rate of time and one half for time worked on such additional duties. 96.4 When overtime work is necessary it shall, where reasonably practicable, be arranged so that Employees have at least ten consecutive hours off duty between the work of successive days. Recall to Duty 96.5 A Senior Officer recalled to duty outside of the Employee's normal working hours shall be paid a minimum of three hours at the rate prescribed in sub-clause 96.3. No additional payment will be provided for travel time involved in any recall to duty under this clause. 96.6 Any claim made by a Senior Officer in accordance with this clause, must be approved by the Senior Officer's Head of. Time off in lieu 96.7 Where overtime is payable to a Senior Officer, and where the relevant Executive Director agrees, a Senior Officer may elect to take time off in lieu of overtime. Provided that time off in lieu for overtime shall be at single time only and not time and one half. 96.8 Where a Senior Officer has not cleared time off in lieu within three months of accrual, the Senior Officer shall be paid for the time in lieu at the appropriate rate or rates. 96.9 The Employer shall record time off in lieu arrangements for each time this provision is used. - 59 - 



97. Transfers Within the Division 

97.1 Transfers to similar positions of the same grade in other locations or divisions within the Division will be 
pennitted, subject to management determination and recognising the needs of the business. 

98. Performance Agreement Programs 

98.1 Increment increases for all Senior Officers will be subject to satisfactory perfom1m1ce. 

98.2 The Head of Human Resources will detem1ine Performance Agreement Programs for each area or 
classification. Individual Pcrfonnance Agreements will be developed and agreed between the individual 
Employee and their manager. The programs will include, but not be limited to: 

• being cyclical; 

• Incorporating a progress review process to operate during the overall cycle; 

• including specific goals or objectives linking the performance of individual Employees to the 
employer's overall goals and objectives. These goals and objectives wi!l be agreed between the 
Manager and Employee on a cyclical 12 month period; 

• providing, as far as is possible, objectively measurable perfonnance indicators; 

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

98.3 The Performance Agreement Programs will be designed to allow for one-step increment advances for 
satisfactory perfonnance, accelerated advancement for outstanding performance by Senior Officers, or 
withholding advancement where performance does not meet expectations. 

98.4 The Head of Human Resources will provide a review process for Officers who are dissatisfied with 
Assessment outcomes. 

98.5 During the development of overall Performance Agreement Programs, an incentive payment for 
Employees at the top of their respective band will be developed. 

99. Increment Increases 

99.l A Senior Officer is entitled to annual increment advancement, subject to written certification of 
satisfactory performance in relation to their Performance Agreement by the appropriate manager in 
accordance with clause I O 1. 

99.2 If an Employee's performance has been unsatisfactory over the twelve month increment period subject to 
clause 29, the manager, in consultation with the Managing Director TlliB may make application to the 
Head of People and Culture to withhold a due increment. All cases must be fully documented with 
supporting reasons. 

99.3 ff an Employee's perf01mance has been exceptional over the 12-month increment period subject to clause 
IOI, the Manager, in consultation with the Managing Director TlliB may make application to the Head of 
People and Culture to grant a two-step increment. All cases must be fully documented with supporting 
reasons. 

100. Filling of Authorised Positions 

100.1 When a position becumes vacant, the Employer shall determine if the position is to continue as an 
Authorised Position. 

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 97. Transfers Within the Division 97.1 Transfers to similar positions of the same grade in other locations or divisions within the Division will be permitted, subject to management determination and recognising the needs of the business. 98. Performance Agreement Programs 98.1 Increment increases for all Senior Officers will be subject to satisfactory performance. 98.2 The Head of Human Resources will determine Performance Agreement Programs for each area or classification. Individual Performance Agreements will be developed and agreed between the individual Employee and their manager. The programs will include, but not be limited to: being cyclical; . Incorporating a progress review process to operate during the overall cycle; . including specific goals or objectives linking the performance of individual Employees to the employer's overall goals and objectives. These goals and objectives will be agreed between the Manager and Employee on a cyclical 12 month period; providing, as far as is possible, objectively measurable performance indicators; . including provisions for revising goals and objectives in the light of changed circumstances. 98.3 The Performance Agreement Programs will be designed to allow for one-step increment advances for satisfactory performance, accelerated advancement for outstanding performance by Senior Officers, or withholding advancement where performance does not meet expectations. 98.4 The Head of Human Resources will provide a review process for Officers who are dissatisfied with Assessment outcomes. 98.5 During the development of overall Performance Agreement Programs, an incentive payment for Employees at the top of their respective band will be developed. 99. Increment Increases 99.1 A Senior Officer is entitled to annual increment advancement, subject to written certification of satisfactory performance in relation to their Performance Agreement by the appropriate manager in accordance with clause 101. 99.2 If an Employee's performance has been unsatisfactory over the twelve month increment period subject to clause 29, the manager, in consultation with the Managing Director TJHB may make application to the Head of People and Culture to withhold a due increment. All cases must be fully documented with supporting reasons. 99.3 If an Employee's performance has been exceptional over the 12-month increment period subject to clause 101, the Manager, in consultation with the Managing Director TJHB may make application to the Head of People and Culture to grant a two-step increment. All cases must be fully documented with supporting reasons, 100. Filling of Authorised Positions 100.1 When a position becomes vacant, the Employer shall determine if the position is to continue as an Authorised Position. - 60 - 



100.2 The Employer will fill vacant positions which it intends to maintain on its establishment within six months 
either pemrnnently or in accordance with Clause 25 - Temporary Appointment. 

101. Salary Movement Linked to Promotion & Acting in Higher Grade 

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

101.1.1. 

101.1.2. 

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

Should the Employee's existing salary be greater than the minimum salary of the higher 
graded position, the Employee shall progress to the service increment(s) within the grade 
which provides a min irnum of 3 per cent to 5 per cent increase or greater. 

101.2 The Employer may offer a salary greater than that provided in sub-clauses I O 1.l .1 and 101.1.2 provided 
that the salary is no greater than the maximum increment of the relevant grade and that the Managing 
Director TJHB and the Head of Human Resources agree. Such approval must be documented and can only 
be given where both Executive Directors are satisfied that either: 

(a) The experience, ability m1d qualifications of the Employee warrant a salary higher than that 
applying in su b-clauscs I O 1.1. l and 10 I . I .2. or 

( b) The Employee's ctment rate of pay is already close to, or above, that provided in sub-clauses 
I O l. l. I and 10 I . l .2, necessitating a higher level in order to provide a financial incentive to 
accept the position. 

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 100.2 The Employer will fill vacant positions which it intends to maintain on its establishment within six months either permanently or in accordance with Clause 25 - Temporary Appointment. 101. Salary Movement Linked to Promotion & Acting in Higher Grade 101.1 Where an Employee is promoted, or acts in a higher graded position, the Employee will receive either: 101.1.1. The minimum salary of the grade of the position to which the Employee is being promoted or is acting in; or 101.1.2. Should the Employee's existing salary be greater than the minimum salary of the higher graded position, the Employee shall progress to the service increment(s) within the grade which provides a minimum of 3 per cent to 5 per cent increase or greater. 101.2 The Employer may offer a salary greater than that provided in sub-clauses 101.1.1 and 101.1.2 provided that the salary is no greater than the maximum increment of the relevant grade and that the Managing Director TJHB and the Head of Human Resources agree. Such approval must be documented and can only be given where both Executive Directors are satisfied that either: (a) The experience, ability and qualifications of the Employee warrant a salary higher than that applying in sub-clauses 101.1.1 and 101.1.2. or (b) The Employee's current rate of pay is already close to, or above, that provided in sub-clauses 101.1. 1 and 101.1.2, necessitating a higher level in order to provide a financial incentive to accept the position. - 61 - 



SCHEDULE A 

Senior Officers' Pay Rates 

Effective from the first full pay period after Commencement of this Agreement. 

Grade Step I Step 2 Step 3 Step 4 Step 5 

A $ 93,903 $ 97,172 $ 100,674 $ 104,588 $ 109,131 

B $ 108,1 LO $ 111,675 $ 115,536 $ 119,760 $ 124,340 

C $ 120,552 $ 124,500 $ 128,807 $ 133,353 $ 138,274 

D $ 133,943 $ 138,332 $ 143,035 $ 148,380 $ 154,166 

E $ 147,342 $ 152,240 $ 157,882 $ 164,016 $ 170,794 

F s 163,608 $ 169,046 $ 175,102 $ 181,731 $ 189,123 

G $ 178,722 $ 185,028 $ 191,940 $ 199,200 $ 207,252 

These rates do not include the Industry Allowance 

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 SCHEDULE A Senior Officers' Pay Rates Effective from the first full pay period after Commencement of this Agreement. Grade Step I Step 2 Step 3 Step 4 Step 5 A $ 93,903 97,172 $ 100,674 104,588 S 109,131 B $ 108,110 111,675 115,536 119,760 124,340 C $ 120,552 124,500 $ 128,807 133,353 138,274 U D $ 133.943 138,332 $ 143,035 $ 148,380 154,166 69 E $ 147,342 152,240 $ 157,882 164,016 6 170,794 F S 163,608 169,046 $ 175,102 $ 181,731 $ 189,123 G $ 178,722 185,028 $ 191,940 $ 199,200 $ 207,252 These rates do not include the Industry Allowance 62 - 



SCHEDULEB 

Salaried Officers' Pay rates 

Wage Increase 

Clerk Grade l 
Effective from the first full 
pay period after 
Commencement of this 
Agreement 

1st year $49,693 

2nd year $51,882 

3rd year $53,603 

4th year $55,811 

5th year $57,296 

6th year $59,015 

Clerk Grade 2 

1st year $59,847 

2nd year $60,682 

Clerk Grade 3 

1st year $61,748 

2nd year $63,256 

3rd year $64,287 

Clerk Grade 4 

1st year $65,562 

2nd year $67,260 

3rd year $69,082 

Clerk Grade 5 

1st year $70,558 

2nd year $73,317 

3rd year $75,576 

Clerk Gnide 6 

1st year $77,067 

2nd year $79,195 

3rd year S82,187 

Clerk Grade Special 

1st year $83,664 

2nd year $88,089 

3rd year $92,563 

These rates do not include the Industry Allowance 

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 SCHEDULE B Salaried Officers' Pay rates Wage Increase Clerk Grade 1 Effective from the first full pay period after Commencement of this Agreement 1 st year $49,693 2nd year $51,882 3rd year $53,603 4th year $55,811 5th year $57,296 6th year $59,015 Clerk Grade 2 1st year $59,847 2nd year $60,682 Clerk Grade 3 1st year $61,748 2nd year $63,256 3rd year $64,287 Clerk Grade 4 1 st year $65,562 2nd year $67,260 3rd year $69,082 Clerk Grade 5 1st year $70,558 2nd year $73,317 3rd year $75,576 Clerk Grade 6 1st year $77,067 2nd year $79,195 3rd year S82,187 Clerk Grade Special 1st year $83,664 2nd year $88,089 3rd year $92,563 These rates do not include the Industry Allowance - 63- 



SCHEDULEC 

ALLOWANCES 

Item Description 
Effective from the first full pay 
period after Commencement of 
this Agreement 

I Shift Work Allowance 

A Afternoon Shift $3.92 

B Night Shift $4.55 

C Early Morning Shift $3.92 

2 Shift Work Loading $3.00 
,., 
·' Industry Allowance $2,853 

4 Uniform Issue 

3 trousers 
7 shirts 

Complimentary Initial 
2 items of jacket or vest or jumper 

Issue 
1 pair of shoes 
1 Tll-IB winter jacket 
1 hat 
1 rain set 

Annual unifonn 2 trousers 

allowance is equivalent 3 shirts 

to the cost of I jacket 
purchasing 

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 SCHEDULE C ALLOWANCES Item Description Effective from the first full pay period after Commencement of this Agreement 1 Shift Work Allowance A Afternoon Shift $3.92 B Night Shift $4.55 C Early Morning Shift $3.92 2 Shift Work Loading $3.00 3 Industry Allowance $2,853 4 Uniform Issue 3 trousers 7 shirts Complimentary Initial 2 items of jacket or vest or jumper Issue 1 pair of shoes 1 TJHB winter jacket 1 hat 1 rain set Annual uniform 2 trousers allowance is equivalent 3 shirts to the cost of 1 jacket purchasing 64 - 



SCHEDULED 
Classifications 

The followi.J.1g positions are covered by this Agreement: 

SALARIED OFFICER: 
ADMlNINSRATIVE OFFICER MAINATANANCE SUPPORT 
ADMINTNSRATIVE ASSISTANTMAINATANANCE SUPPORT 
ADMININSRATIVE ASSISTANT 
CUSTOMER SERVICE OFFICER 
DEPOT ADMINISTRATOR 
DEPOT SUPERVISOR 
DUTY OFFICER 
OPERATIONAL CONROL CENTRE OFFICERS 
REGIONAL ADMINISTRATION SUPPORT 
ROSTER CLERK 

SENIOR OFF1CER 
SERVICE CO-ORDINATOR 
SERVICE MANAGER 
REGTONAL SERVICE MANAGER 
REGIONAL SERVICE COORDINATOR 
SENIOR CUSTOMER OPERATIONS MANAGER 
SAFETY PROFESSIONAL 

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 SCHEDULE D Classifications The following positions are covered by this Agreement: SALARIED OFFICER: ADMININSRATIVE OFFICER MAINATANANCE SUPPORT ADMININSRATIVE ASSISTANT MAINATANANCE SUPPORT ADMININSRATIVE ASSISTANT CUSTOMER SERVICE OFFICER DEPOT ADMINISTRATOR DEPOT SUPERVISOR DUTY OFFICER OPERATIONAL CONROL CENTRE OFFICERS REGIONAL ADMINISTRATION SUPPORT ROSTER CLERK SENIOR OFFICER SERVICE CO-ORDINATOR SERVICE MANAGER REGIONAL SERVICE MANAGER REGIONAL SERVICE COORDINATOR SENIOR CUSTOMER OPERATIONS MANAGER SAFETY PROFESSIONAL - 65 - 



SIGNATORIES TO THE AGREEMENT 

Signed for 

Transdev John Holland Bus (NSW) Pty Ltd 

Full Name 

Position 

Address 

Date 

Witness to Signature 

Full Name 

Address 

Date 

Rachel Spencer 

... ~~/ ........ , ............. . 
Managing Director, Transdev John Holland Bus (NSW) Pty 
Ltd 

~.-~ . .I. i. .. 0:".'":f.o.tQ .. _ .5.?P:~f!T. 
·r⇒.1?v✓-P .. ( .. J~G1.,.Y.(Il.ON .... ? ~) ?.:?--
2/t(. ! _r .(?P?-Z . .. ... .. ... ............... . 

~lo.:::. .................. .. ........ . 

lA'A ... r.A -t.miZ ............ ... .. _ .. . 

! .. ~. (?. .. Q~f.qf I/ .. fR:«.:::=r. ...... . 
'?p,!.f?. '. .. )(,.~1v.(;T.1P(l .. 2.Q. 2.Z .. .. 
-?4(.U(.29..2..2, .................. ... ..... . 

- 66 • 

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 SIGNATORIES TO THE AGREEMENT Signed for Transdev Jolin Holland Bus (NSW) Pty Ltd Full Name Rachel Spencer RACHEL SPENCER Asfrance Position Managing Director, Transdev John Holland Bus (NSW) Pty Ltd 1-15 OXFORD STREET Address BONDI JUNCTION 2022 29/11/2022 Date Witness to Signature Taylor 1 Full Name LARA TAYLOR 1.15 OXFORD STREET Address BONDI JUNCTION 2022 Date 29/11/2022 - 66 - 



Signed for 

Australian Services Union ofNSW 

Full Name 

Position 

Address 

Date 

Witness to Signature 

Full Name 

Address 

Date 

- 67 -

....... An9!-:I~. M_qf_arland ··· ······ ·· ·· ·· ····· ··· ··· 

... .... . ~r.~~~~ -~-e.?t~~~~-........ ..... .. 

39-47 Renwick St 

Redfern NSW 2016 

30/1 1/2022 

Judith Wright 

39-47 Renwick St 

Redfern NSW 2016 .... ................... .... . , ..... ... ............. .. . 

......... .. ~.0/1.1/?Q~~ .... ......... ...... . .. 


Signed for Australian Services Union of NSW Full Name Angus McFarland Position Branch Secretary 39-47 Renwick St Address Redfern NSW 2016 30/11/2022 Date Witness to Signature Full Name Judith Wright 39-47 Renwick St Address Redfern NSW 2016 Date 30/11/2022 - 67 -




 

  

  



Signed for 

The Association of Professional Engineers, Scientists and Managers, Australia 

Full Name 

Position 

Address 

Date 

Witness to Signature 

Full Name 

Address 

Date 

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 Signed for The Association of Professional Engineers, Scientists and Managers, Australia Full Name Position Address Date Witness to Signature Full Name Address Date - 68 - 



Signed for 

The Australian Rail Tram and Bus Industry Union, New South Wales Branch 

Full Name 

Position 

Address 

Date 

Witness to Signature 

Full Name 

Address 

Date 

- 69-

Alex Claassens 

Branch Secretary 

Level 4,321 Pitt Street Sydney 

2000 NSW 2016 

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 Signed for The Australian Rail Tram and Bus Industry Union, New South Wales Branch Full Name Alex Claassens Position Branch Secretary Address Level 4, 321 Pitt Street Sydney 2000 NSW 2016 Date Witness to Signature Full Name Address Date -69- 



r~ I JOHN 
\2 transd.eJ Ho L LAN o 

10 January, 2023 

The Fair Work Commission 
FWC Matter No. AG 2022/ 5195 
Applicant: Transdev John Holland Buses Pty Ltd 

Section 210 - Application for approval of a variation of an enterprise agreement 

Undertaking - Section 212 

I, Rita Haitas, Head of People and Culture - Transdev John Holland Buses, have the authority 
given to me by Transdev John Holland Buses to give the following undertakings with respect to 
the TJHB Senior & Salaried Officers' Enterprise Agreement 2022 ("the Agreement"): 

1. Transdev John Holland Buses Pty Ltd ("the Company") commits not to implement any forced 
redundancies of Transferring Employees for the length of this Agreement. 

2. The company undertakes that section 32.2.3 defines a shiftworker for the purposes of the 
additional week of annual leave, for the purposes of the NES. 

3. The company undertakes that, notwithstanding clauses 22.4 and 22.5, the company will 
resolve all disputes withing 7 working days of the dispute raised as per Clause 22.3 Step 1. 

4. The company undertakes that any withholding of monies required under clauses 32.7, 34.2 
and 74.8 will only pertain to withholdings from salary and will not be withheld from monies 
owing under the NES (such as accrued but unused annual leave or the payment of long service 

leave upon termination). 

5. The company undertakes that Clause 36.2 will not be limited to the adoption of a child 
under 5 years of age but will include the adoption up until 16 years of age. 

6. The company commits that only employees terminated for "serious misconduct" will be 
excluded from a notice of termination. 

7. The company undertakes to ensure that all Apprentices are entitled to and will receive 
notice of termination under ss 117-123 of the Act. 

8. The company undertakes to provide notice of termination to any employee deemed to have 
abandoned their employment. 

Transdev John Holland Buses (NSW) Pty Ltd 

1-15 Oxford St, Bondi Junction NSW 2022 I Tel: +61 02 4072 4123 

www.transdevjohnholland.com.au 

ACN: 643 796 098 I ABN: 29 643 796 098 

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 transdev JOHN HOLLAND 10 January, 2023 The Fair Work Commission FWC Matter No. AG 2022/ 5195 Applicant: Transdev John Holland Buses Pty Ltd Section 210 - Application for approval of a variation of an enterprise agreement Undertaking - Section 212 I, Rita Haitas, Head of People and Culture - Transdev John Holland Buses, have the authority given to me by Transdev John Holland Buses to give the following undertakings with respect to the TJHB Senior & Salaried Officers' Enterprise Agreement 2022 ("the Agreement"): 1. Transdev John Holland Buses Pty Ltd ("the Company") commits not to implement any forced redundancies of Transferring Employees for the length of this Agreement. 2. The company undertakes that section 32.2.3 defines a shiftworker for the purposes of the additional week of annual leave, for the purposes of the NES. 3. The company undertakes that, notwithstanding clauses 22.4 and 22.5, the company will resolve all disputes withing 7 working days of the dispute raised as per Clause 22.3 Step 1. 4. The company undertakes that any withholding of monies required under clauses 32.7, 34.2 and 74.8 will only pertain to withholdings from salary and will not be withheld from monies owing under the NES (such as accrued but unused annual leave or the payment of long service leave upon termination). 5. The company undertakes that Clause 36.2 will not be limited to the adoption of a child under 5 years of age but will include the adoption up until 16 years of age. 6. The company commits that only employees terminated for "serious misconduct" will be excluded from a notice of termination. 7. The company undertakes to ensure that all Apprentices are entitled to and will receive notice of termination under ss 117-123 of the Act. 8. The company undertakes to provide notice of termination to any employee deemed to have abandoned their employment. Transdev John Holland Buses (NSW) Pty Ltd www.transdevjohnholland.com.au 1-15 Oxford St, Bondi Junction NSW 2022 | Tel: +61 02 4072 4123 ACN: 643 796 098 | ABN: 29 643 796 098 



9. The company confirms that no Clerk Grade 1 employees will be paid less than the rate for 
the corresponding level contained in the applicable Modern Award . 

10. The company commits that no casual employees will receive less pay under the 20% 
loading than they would otherwise receive for overtime entitlements. 

These undertakings are provided on the basis of issues raised by the Fair Work Commission in 
the application before the Fair Work Commission. 

Yours sincerely, 

Rita Haitas 

Head of People and Culture- Transdev John Holland Buses 

Transdev John Holland Buses (NSW) Pty Ltd PAGE 2 

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 9. The company confirms that no Clerk Grade 1 employees will be paid less than the rate for the corresponding level contained in the applicable Modern Award. 10. The company commits that no casual employees will receive less pay under the 20% loading than they would otherwise receive for overtime entitlements. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Yours sincerely, Rita Haitas Head of People and Culture- Transdev John Holland Buses Transdev John Holland Buses (NSW) Pty Ltd PAGE 2 

 Startus

Cases cited by this decision: