BUILDING CAPABILITY
(Enterprise
Agreement 2001 - 2003)
Rail Infrastructure Corporation (RIC), the
Combined Rail Unions (CRU) and the Labor Council of New South Wales (Labor
Council), signatories to this document, agree to the following objectives.
1. To have Safety Improvement and Infrastructure Enhancement as the
principle objective of the new EBA;
2. To introduce a culture of continuous learning into RIC. To this end
RIC, in cooperation with the Labor Council, should establish a Specialist
College to provide a formal delivery mechanism for continuous learning in RIC;
3. To ensure that such training results in the accumulation of
competencies that are relevant to the job, are broad based, portable and result
in appropriately recognised National Qualifications.
4. To restore wage relativities within RIC by ensuring that the
classification structure and levels of remuneration are properly linked to
skills and competences.
5. To ensure that all employees have clear opportunities for upward
progression through the classification structure through training and the
accumulation of competencies.
6. To ensure that no employee will suffer any net detriment as a result
of the introduction and implementation of this Agreement. This means both Labor Council and RIC agree
that this means no employee will be worse off financially as a result of the
introduction of the new Agreement;
7. To ensure economic adjustments over the life of this agreement will
at a minimum, equal the increases in the cost of living over the life of this
agreement without loss of existing benefits,
and;
8. To provide a framework whereby RIC, Labor Council and affiliates
formulate joint approaches to ensure that the New South Wales Government
provides sufficient financial resources to meet these objectives.
The following attachments are key papers
that will be referred to and outline a number of key issues that will need to
be addressed during the development of this Enterprise Agreement.
Appendix A: RIC Issues Paper - Change Management Steering Committee - Restructure of Rail Agencies
under the Transport Administration Amendment (Rail Management) Act 2000
OBJECTIVES. 2
EBA - Pay Rise. 6
Term of Agreement [c.f. s.6] 6
Definitions [c.f. s.7] 6
Average Pay [c.f. s.11] 6
Consultative Arrangement [c.f. s.12] 6
Performance Management [c.f. s.13] 7
Health and Safety [c.f. s.14] 7
Remuneration Management System [c.f. s.15] 7
Remuneration Packaging [c.f. s.16] 7
Pay Rates [c.f. s.17] 7
Performance Bonus [c.f. s.18] 8
Recognition of Competencies. 8
Apprentice Percentages [c.f. s.19] 8
Industry Allowance [c.f. s.20] 8
Special Conditions - Clerical, Senior, Technical &
Professional Officers and Professional Engineers [c.f. s.21] 8
Supplementary Labor [c.f. s.22] 9
Annual Leave [c.f. s.23] & Accrued Annual Leave [c.f.
s.24] 9
Picnic Day [c.f. s.25] 9
Personal/Carer's Leave [c.f. s.26] 10
Sick Leave [c.f. s. 27] 10
Absence Management [c.f. s.28] 10
Higher Grade [c.f. s.29] 11
Travelling and Incidental Expenses [c.f. s.30] 12
Work Clothing [c.f. s.31] 12
Allowances [c.f. s.32] 13
Direct Appointment of Employees [c.f. s.33] 15
Trade Union Training Leave [c.f. s.34] 15
Disputes Resolution [c.f. s.35] 18
Banking of RDO's [c.f. s.36] 18
Traveling Time [c.f. s.37] 18
Home Depot [c.f. s.38] 19
Public Holidays [c.f. s.39] 19
Bank Holiday [c.f. s.40] 19
Productivity Provisions [c.f. s.41] 19
Start and Finish At Worksite [c.f. s.42] 21
Shift Work [c.f. s.43] 21
Casual Employment [c.f. s.44] 23
Extra Claims [c.f. s.45] 23
Leave Reserved [c.f. s.46] 23
ADDITIONAL ISSUES FOR AGREEMENT. 24
Staff Pays. 24
Use of External Contractors. 24
Additional Allowances. 24
Overtime Restrictions. 26
Redundancy. 26
Redundancy Payout Policy. 26
Bargaining Agents Fee. 26
Pre-Retirement Intellectual Property Transfer Scheme
(PRIPTS) 27
Time Bank. 28
Transmission of Business. 28
Acknowledgement of Service. 28
Wage Increase: 10% per year
Leave
reserve provision to review should the CPI be greater than the wage increase
over that period.
It is the union position that the next
Agreement include clear definitions of the terms:
·
Appointment (Refer to: Direct
Appointment of Employees [c.f. s.33]);
·
Acting in Higher Grades (Refer to: Higher
Grade [c.f. s.29])
·
Shift worker (Refer to: Shift
Work [c.f. s.43])
"Code of Rostering"
It is the union position to renegotiate the
code which sets out the parameters within which rostering can be scheduled for
this Enterprise Agreement.
The union position is that we do not want
to see fatigue management guidelines being pushed through and undermining
existing arrangements without a formal consultation and education process that
includes unions, union delegates and staff representatives.
A similar provision defining the
consultative arrangements should be included in this Agreement.
This section has not been properly
implemented. As a result, a range of
issues could have been more effectively dealt with over the life of the last
agreement had this section been appropriately implemented and resourced.
There needs to be a stronger onus upon
management to implement consultative arrangements.
There is a need for clear guidelines that
are consistently administered across the enterprise.
Unions agree to the inclusion of
performance management in salaried areas provided that there are proper
guidelines in place that are consistently applied across the enterprise. Unions are prepared to negotiate the detail
of such provisions with management.
The Agreement should acknowledge the new Occupational Health and Safety Act 2000
and the Occupational Health and Safety
Regulation 2001 with respect to OH&S.
Develop through consultation with unions
appropriate structures to put the Act and Regulations into effect. This should include the provision for
ongoing monitoring.
The Remuneration Management System should
apply to salaried areas only. RSA has
done nothing to implement this during the life of the current Agreement. Unions are willing to discuss this with RIC
provided there are appropriate guidelines that are applied consistently and
fairly.
It is the union position that all employees
should have an opportunity, upon request, to access remuneration packaging. This was promised in the last Agreement and
was only delivered in part. Unions want
more flexibility in packaging.
The guidelines on packaging should be
available to all employees.
All current employees who have not received
the previous 3% should be brought into line with existing rates prior to the
application of the new Agreement. This
administrative action must occur before the signing of new agreement.
Performance bonuses should apply to all employees,
in particular to those employees working alongside contractors.
The methodology used by RIA should be the
basis for the next Agreement. Is to be
agreed as part of the current Agreement.
There are numerous examples throughout RIC
where established wage relativities have been eroded.
The union position is that RIC needs to
expend the resources necessary to develop an appropriate classification
structure that is linked to defined skills and competencies. This should ensure
that remuneration is linked to competencies and that all employees have the
necessary pathways and training opportunities to progress.
Other wage rates should also be subjected
to the same principles.
It is the union position that there should
be a ratio of one (1) apprentice / trainee / cadet to every five (5) fully
qualified employees.
It is the union position that the Industry
Allowance be increased by 30%.
The problem is that there is no penalty
that applies to the employer for not abiding by the DSP, while there is a
penalty that applies to the employee.
s. 21.2.3: Infrastructure employees are
able to work a 9-day fortnight however, some salary employees move from
positions that were based on a 9-day fortnight to a 19-day month. The option for working and retaining a 9-day
fortnight should also be available to salary positions and any other employees
not currently able to access this option.
Employees
are to continue to work a 38-hour week.
s. 21.2.4: It is the union
position that an agreed interpretation be developed along with an agreed appeal
process.
As part of this agreement, the unions
believe this section requires a major review.
Hence, it is the union position that the current casual / labour-hire
policy and associated clauses be reviewed and an agreed protocol be included in
the Agreement. Such a protocol should
apply to capital projects also.
The last paragraph in s.22 of the current
clause should be expanded to include all employees and all areas of work but
only with the agreement of the relevant union(s).
Unions are generally satisfied with the
current criteria but want a more general accumulation of leave provision in the
new Agreement.
Currently, holiday leave accrual is up to 8
weeks for employees who work Monday to Friday and 10 weeks for shift
workers. It is the union position that
all employees be able to accrue up to 12 weeks of holidays.
Management should be obligated to make
leave available to employees when it falls due. This also includes RDO's.
It is the union position that all Category
2 employees should receive the additional 2.5% annual leave loading. This is
appropriate since they are available to perform rostered work.
In addition, there are pockets of employees
who are consistently work to a roster, for example five nights, but do not work
weekends. These employees are still
rostered workers and should also be entitled the additional weeks annual leave
accrued for shift workers who work weekends.
It is the union position that Picnic Day
continue to operate. However, there needs
to be better regulation in relation to employees who do not buy a Picnic Day
ticket and derive the benefit of the day.
Employees that are required to work on
Picnic Day should have the flexibility of banking Picnic Day and taking a day
at another time during the year.
The union believes management should
provide opportunities to staff that wish to establish Picnic Day Committees for
particular sections or regions of the organization.
It is the union position that the current
Personal/Carer's Leave needs to be revised in accordance with recent New South
Wales changes.
s.27.1 Sick leave should be paid out
on exit including upon:
·
early retirement;
·
retirement;
·
redundancy;
·
death in service;
·
medical retirement;
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