WELCOME
ABOARD
Enterprise Agreement
2012-2015
Contents
PART 1 - INTRODUCTION TO THE AGREEMENT
1
1.TITLE.................................................................................................................................1
2.
LIFE OF AGREEMENT......................................................................................................1
3.
APPLICATION AND PARTIES COVERED.........................................................................1
4.
AGREEMENT OBJECTIVES..............................................................................................2
5.
DEFINITIONS AND INTERPRETATION.............................................................................3
6.
ACCESS TO THE AGREEEMENT, NES AND FAIR WORK
INFORMATION STATEMENT.............................................................................................4
7.
NO EXTRA CLAIMS..........................................................................................................4
PART 2 - EMPLOYMENT CLASSIFICATION AND PAY
5
8.
TYPES OF EMPLOYMENT...............................................................................................5
9.
JOB CLASSIFICATION AND REMUNERATION STRUCTURE..........................................6
10.
PROBATIONARY PERIOD OF EMPLOYMENT.................................................................7
11.
SALARY INCREASES.......................................................................................................8
12.
PAYMENT OF SALARY.....................................................................................................9
13.
SUPERANNUATION SALARY...........................................................................................9
PART 3 - WORKING HOURS AND WORKPLACE FLEXIBILITY
11
14.
HOURS OF WORK..........................................................................................................11
15.
ADDITIONAL HOURS PAYMENT....................................................................................13
16.FLEXI-TIME.....................................................................................................................13
17.
PROFESSIONAL HOURS SCHEME ..............................................................................14
18.
FLEXIBLE WORKING ARRANGEMENTS ......................................................................15
19.
INDIVIDUAL FLEXIBILITY AGREEMENT.........................................................................16
PART 4 - SHIFT WORKERS
ii
19
20.
SHIFT WORK..................................................................................................................19
21.
FATIGUE RISK MANAGEMENT SYSTEM.......................................................................19
22.
STANDARD SHIFT TYPES..............................................................................................19
23.
SHIFT EXTENSION.........................................................................................................19
24.
SHIFT TYPES..................................................................................................................20
25.
SHIFT ROSTERS.............................................................................................................20
26.
REST BREAKS................................................................................................................21
27.
ANNUALISED SHIFT ALLOWANCE................................................................................21
28.
SHIFT WORKERS ADDITIONAL HOURS PAYMENT...................................................... 23
29.LEAVE............................................................................................................................. 24
PART 5 - WORKPLACE CONSULTATION AND CHANGE
25
30.
CONSULTATION IN AMSA’S WORKPLACE................................................................... 25
31.
STAFF CONSULTATIVE WORKING GROUP................................................................... 25
32.
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE...................................26
33.
DISCUSSION AROUND MAJOR WORKPLACE CHANGE.............................................26
34.
DISPUTE RESOLUTION PROCEDURE..........................................................................27
35.
FREEDOM OF ASSOCIATION, RIGHTS OF WORKPLACE
DELEGATES AND ELECTED UNION REPRESENTATIVES ............................................28
PART 6 - ALLOWANCES
31
36.
ON-CALL PAYMENTS.....................................................................................................31
37.
OPERATIONAL INCIDENT RESPONSE PAYMENTS......................................................32
38.
CAMPING AND OFF-SHORE (AT-SEA) ALLOWANCE....................................................34
39.
DOMESTIC SUPPORT....................................................................................................34
PART 7 - PERFORMANCE AND CAREER PROGRESSION
35
40.
PERFORMANCE MANAGEMENT...................................................................................35
41.
PROFESSIONAL ASSOCIATION MEMBERSHIP............................................................35
PART 8 - LEAVE
37
42.
PAID LEAVE ENTITLEMENTS.........................................................................................37
43.
ANNUAL LEAVE..............................................................................................................37
44.
CASHING OUT OF ANNUAL LEAVE...............................................................................37
45.
DIRECTION TO TAKE ANNUAL LEAVE..........................................................................38
46.
PERSONAL LEAVE.........................................................................................................38
47.
COMPASSIONATE LEAVE..............................................................................................39
48.
LONG SERVICE LEAVE..................................................................................................40
49.
MATERNITY LEAVE.........................................................................................................40
iii
50.
ADOPTION LEAVE......................................................................................................... 40
51.
SUPPORTING PARENT LEAVE...................................................................................... 41
52.
COMMUNITY SERVICE, VOLUNTEER AND JURY SERVICE LEAVE............................ 41
53.
WAR SERVICE SICK LEAVE.......................................................................................... 41
54.
SURVEYORS LEAVE.......................................................................................................41
55.
DEFENCE RESERVISTS LEAVE .....................................................................................42
56.
RELIGIOUS/CULTURAL LEAVE......................................................................................42
57.
SPECIAL LEAVE..............................................................................................................43
58.
CHRISTMAS CLOSEDOWN ..........................................................................................43
59.
PURCHASED 48/52 LEAVE ...........................................................................................43
60.
PUBLIC HOLIDAYS.........................................................................................................44
61.
UNPAID LEAVE ENTITLEMENTS....................................................................................44
62.
LEAVE WITHOUT PAY.....................................................................................................44
63.
UNPAID MATERNITY LEAVE...........................................................................................44
64.
UNPAID PARENTAL LEAVE.............................................................................................45
65.
UNPAID CARER’S LEAVE...............................................................................................45
66.
UNPAID DEFENCE LEAVE..............................................................................................45
67.
UNPAID ADOPTION LEAVE............................................................................................45
68.
NAIDOC LEAVE...............................................................................................................45
PART 9 - REDUNDANCY, REDEPLOYMENT, REDUCTION
AND TERMINATION OF EMPLOYMENT
47
69.REDUNDANCY...............................................................................................................47
70.
RETENTION, REDEPLOYMENT AND INVOLUNTARY REDUNDANCY..........................48
71.
RESIGNATION OR RETIREMENT...................................................................................49
72.
SETTLEMENT OF DEBTS...............................................................................................49
73.
TERMINATION OF EMPLOYMENT.................................................................................50
74.
SERIOUS MISCONDUCT...............................................................................................50
PART 10 - PRODUCTIVITY AND RETENTION
iv
51
75.
SIGN-ON BONUS...........................................................................................................51
76.
RETENTION BONUS.......................................................................................................51
77.
PRODUCTIVITY OFFSETS..............................................................................................51
78.
COMMITMENT TO RESOURCING.................................................................................52
ATTACHMENT A – JOB CLASSIFICATION AND ANNUAL SALARY............................................................... 53
ATTACHMENT B - SALARY AND CAREER PROGRESSION - PORT MARINE SURVEYORS........................ 59
ATTACHMENT C - SALARY AND CAREER PROGRESSION - ADVISORS: MARITIME PROFESSIONALS ...... 63
ATTACHMENT D - SALARY AND CAREER PROGRESSION - SEARCH AND RESCUE OFFICERS.............. 65
ATTACHMENT E – ADDITIONAL PAYMENTS................................................................................................. 67
SIGNATURES OF PARTIES COVERED........................................................................................................... 70
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vi
PART 1 - INTRODUCTION TO
THE AGREEMENT
1.
TITLE
1.1 This Agreement will be known as the Australian Maritime Safety Authority Enterprise
Agreement 2012-2015.
2.
LIFE OF AGREEMENT
2.1
This Agreement will come into operation seven days from the date that the approval
notice is issued by Fair Work Australia and will have a nominal expiry date (NED) of
three years after the date that the approval notice is issued.
2.2
This Agreement will remain in operation unless varied, terminated or replaced by a new
Agreement in accordance with the Act.
3.
APPLICATION AND PARTIES COVERED
3.1
This Agreement is made pursuant to section 172 of the Fair Work Act 2009 (Cth) and
once approved by Fair Work Australia, will replace the Australian Maritime Safety
Authority Union Collective Agreement 2009-2012.
3.2
In accordance with section 53 of the Fair Work Act 2009 (Cth) this Agreement will apply
to the following parties:
a.
AMSA Employees outlined in the classifications section included at Attachment
A of this Agreement (to the exclusion of the Chief Executive Officer, Executive/
Senior Managers engaged on common law employment contracts and
Employees engaged on Australian Workplace Agreements);
b.
The Chief Executive Officer of AMSA as outlined in Part 6 of the Australian
Maritime Safety Authority Act 1990 (Cth) which refers to the CEO’s capacity to
manage and represent the Authority;
c.
If Fair Work Australia considers in their approval of the Agreement that
the following unions are to be considered as parties to the Agreement, in
accordance with section 201 (2) of the Fair Work Act 2009 (Cth), the following
unions will be considered parties to the Agreement:
i.The Community and Public Sector Union;
ii.
Australian Institute of Marine and Power Engineers; and
iii.
The Association of Professional Engineers, Scientists &
Managers, Australia.
1
2
3.3
While this Agreement is in place, it is the intention of the parties that no Award or
other industrial instrument will apply to the Employees covered by this Agreement and
that the terms and conditions outlined in this Agreement cover all those associated
between AMSA and the Employee.
3.4
If a specific term or condition of employment contained in this Agreement does not
apply to an individual Employee, this will not impact the operation of the rest of the
Agreement between AMSA and the individual Employee.
4.
AGREEMENT OBJECTIVES
4.1
The Australian Maritime Safety Authority’s vision is to be a respected world leading
regulator and provider of maritime safety, marine environment protection and pollution
response along with providing maritime and aviation search and rescue services.
In working towards achieving this vision, AMSA and its Employees through the
implementation of this Agreement will aim to:
a.
Work in partnership with one another to achieve our organisational mission of
delivering high standards of safety, performance, productivity and client service
in the maritime industry; and
b.
Maintain and cultivate a working environment that attracts and retains talented
and valuable Employees and promotes professional development in a manner
which is mutually rewarding and will assist AMSA to achieve and deliver on its
organisational vision, for the future.
5.
DEFINITIONS AND INTERPRETATION
5.1
In this Agreement unless the context indicates a contrary intention:
Act
Means the Fair Work Act 2009 (Cth) and associated regulations (or any other Act or
Regulation that replaces it during the life of this Agreement)
Agreement
Means this Agreement, the Australian Maritime Safety Authority Enterprise
Agreement 2012-2015
AMSA
Means the Australian Maritime Safety Authority
Annual Base Salary
Means the Employees annual base salary, not inclusive of Superannuation as set
out in Attachment A of this Agreement
Annual Remuneration
Means the Employees annual base salary, inclusive of Superannuation and
Allowances
Award
Means the Australian Maritime Safety Authority (Shore-Based Staff) Award 1999
CEO
Means the Chief Executive Officer of AMSA who may delegate any powers and
authorities given under this Agreement to other persons and may issue instructions
on how those delegations are to be exercised
Employee
Means an Employee, employed by AMSA in a classification set out in Attachment
A of this Agreement. The Employee, as a result of their employment with AMSA is
bound by the provisions contained within the Australian Maritime Safety Authority
Enterprise Agreement 2012-2015
Employer
Means the Australian Maritime Safety Authority (AMSA)
FWA
Means Fair Work Australia (or any other body that replaces via legislation, during
the life of this Agreement)
General Manager
Means the General Manager of AMSA who may delegate any powers and
authorities given under this Agreement to other persons and may issue instructions
on how those delegations are to be exercised
Hourly Rate
Means an Employee’s hourly rate of pay, calculated by the formula (not inclusive
of any allowances paid in addition to an Employees annual base salary under this
Agreement):
Annual base salary x 12/313/76 = Hourly Rate
NES
Means the National Employment Standards as set out in the Fair Work Act 2009
(Cth) (or any other instrument that replaces the NES via legislation with the
intention of setting minimum terms and conditions of employment during the life of
this Agreement)
Ordinary Hours of
Means an Employees standard ordinary hours of work, being on average 38 hours
Work
worked per week equating to 1983 hours worked by an Employee per year
Probationary
Means an Employee in their first three months of employment with AMSA, which
Employee
can be extended by AMSA to a period no longer than six months as outlined in
clause 10 of this Agreement
Spread of Hours
Means the spread of hours ranging each working day from 7:00AM to 7:00PM
Monday through to Friday, that an Employee performs their ordinary hours of work
within
3
5.2
Unless the context indicates a contrary intention “includes” in any form is not any word
of limitation.
5.3The Australian Maritime Safety Authority (Shore-Based Staff) Award 1999 is the
relevant award for the purpose of the better off overall test that is applied by FWA in
approving this Agreement.
4
6.
ACCESS TO THE AGREEEMENT, NES AND FAIR
WORK INFORMATION STATEMENT
6.1
AMSA will provide access to this Agreement once approved by FWA to the Employees
who are covered by its terms.
6.2
Each new Employee engaged under this Agreement will be provided with a letter of
offer and a Fair Work Information Statement (provided this continues to be required by
law) and access to this Agreement upon their commencement with AMSA.
6.3
All AMSA Employees will have access to the NES and a copy of this Agreement,
during their employment with AMSA.
7.
NO EXTRA CLAIMS
7.1
From the commencement of this Agreement, a person or organisation covered by
this Agreement will not pursue further claims for terms and conditions of employment
that would have effect during the period of operation of this Agreement, except where
consistent with the terms of this Agreement.
PART 2 - EMPLOYMENT
CLASSIFICATION AND PAY
8.
TYPES OF EMPLOYMENT
8.1
Employees may be engaged on an on-going, fixed term or casual basis and their
employment status will be confirmed to them in a letter of offer that is issued to the
Employee prior to their commencement with AMSA. All Employees will go through an
AMSA induction program deemed appropriate by AMSA for the work the Employee is
performing.
8.2
A definition of each of the types of employment categories an Employee may be
engaged under during their employment with AMSA, are outlined as follows:
8.3
a.
On-going: a person engaged for an indefinite period as it is expected that the
role or work undertaken by the Employee will be of a continuing nature;
b.
Fixed-term: a person engaged for a specified period of time or for the duration
of a particular task(s) or project(s); or
c.
Casual: means a person engaged on an hourly basis for duties that are
irregular or intermittent.
An AMSA Employee will be employed to work their ordinary hours of work, subject to
one of the following work arrangements or rostered patterns of work:
a.
Full-time: an Employee engaged to work a regular pattern of hours averaging
at least thirty eight (38) per week;
b.
Part-time: an Employee engaged to work a regular pattern of hours averaging
less than thirty eight (38) per week;
c.
Casual: an Employee engaged on an hourly basis and who is paid a salary
loading of 25% in lieu of paid leave (except for long service leave); public
holidays on which the employee is not rostered to work and notice of
termination; or
d.
Shift worker: an Employee who is rostered to perform ordinary hours of duty
outside the hours of work as defined in clause 14.3.
5
9.
JOB CLASSIFICATION AND REMUNERATION
STRUCTURE
Classifications
9.1
An Employee will be employed in one of the classifications or job titles included at
Attachment A in this Agreement.
9.2
A job evaluation system will be used to determine classification and remuneration in
accordance with this Agreement (except as otherwise provided at Attachment A).
9.3
An Employee’s commencement salary will be based on the minimum salary point for
each classification level.
9.4
A General Manager may approve a higher level of salary to a successful applicant of
a recruitment process. Any approval of a higher salary will depend on the successful
applicant’s qualifications, experience, value they bring to the position and market
relativities.
Remuneration
9.5
A General Manager may determine the annual base salary for a position within the
classification level determined, based on remuneration score derived from a job
evaluation system.
9.6
A General Manager may determine the annual base salary for a position, above the
maximum remuneration determined by a job evaluation system.
9.7
In the absence of special circumstances, the annual base salary will be determined at
the minimum salary point for the classification level as determined by the job evaluation
system.
9.8
Where an Employee agrees to perform duties across classifications on a periodic
basis, the General Manager may determine a composite rate of pay based upon the
specified salaries of the differing roles.
9.9
An Employee’s annual remuneration inclusive of superannuation will be determined in
accordance with the following formula: Annual base salary x 1.154
9.10
An Employee may also be entitled to a payment by way of an allowance as set out in
accordance with Attachment E which is paid in addition to an Employee’s annual base
salary.
Graduates and Trainees
6
9.11
A General Manager may employ an Employee as a Graduate or Trainee.
9.12
A General Manager will determine when a Graduate or Trainee’s course of study and/or
training has been successfully completed.
9.13
While a Graduate or Trainee is undertaking a course of study and/or training they
will be engaged with AMSA under the following classification levels as set out in
Attachment A of this Agreement:
Classification
AMSA Level
Graduate
AMSA Level 3
Trainee
AMSA Level 1
Supported Wage System
9.14
Employees who are eligible for a supported salary who meet the impairment criteria for
the Disability Support Pension will be paid the applicable percentage of the relevant
rate for the work value they are performing in accordance with the Special Supported
Wage System (Employees with a Disability) Australian Pay and Classification Scale.
Higher Duties Allowance
9.15
If an Employee is required to perform in a position that is classified at a higher level
than their own position classification, for a continuous period of 38 consecutive
working hours or more, the Employee is entitled to be paid higher duties allowance
(HDA) for the total period of performance at the higher level. The HDA must be
approved by the General Manager of the Division prior to the Employee formally
commencing HDA duties.
9.16
The amount of HDA payable will be calculated by deducting the Employee’s annual
base salary rate from the minimum annual base salary rate of the position at the
higher classification. The General Manager may, with the agreement of the Employee,
determine an alternative rate of payment.
9.17
In exceptional circumstances where an Employee is undertaking some of the extra
duties of a higher position, but the performance of such duties is not sufficient to
warrant payment at the higher classification, the General Manager may approve
payment of HDA at an amount agreed between the Employee and the General
Manager.
Protection from Reduction
9.18
An Employee, who is employed at the date of commencement of this Agreement, will
not have their remuneration reduced by the operation of clause 9.
10. PROBATIONARY PERIOD OF EMPLOYMENT
10.1
A new Employee will be required to complete a three (3) or six (6) month probationary
period. The letter of offer to the new Employee will set out the length and duration
of probation period, which is agreed between AMSA and the Employee prior to the
Employees commencement with AMSA.
10.2
The purpose of a probationary period of employment is to allow AMSA and the new
Employee time to establish whether an appropriate match has been made between the
Employee, the job and the work environment.
7
10.3
Continued employment beyond the three (3) or six (6) month probationary period will
be subject to satisfactory completion of the probationary period.
10.4
Before or at the end of the probationary period the probationary Employee will be
advised of one of the following:
a.
That employment will continue on the terms and conditions set out in this
Agreement; or
b.
That the probationary period will be extended for a further period of no longer
than six (6) months from the date the Employee initially commenced their
employment with AMSA; or
c.
That probationary Employee’s employment may be terminated.
10.5
If AMSA makes a decision to terminate the probationary Employees employment
during the probationary period of employment, the probationary Employee will receive
written notification of the termination during probation along with two (2) weeks’ salary
in lieu of notice.
10.6
If the probationary Employee decides during probation that they no longer wish to
continue their employment with AMSA, they may resign during the probationary period
by providing two (2) weeks written notice.
10.7
A General Manager may, in writing, exempt a new Employee from some or all of the
requirements of this clause. An exemption may be on such terms as the General
Manager may determine, and the Employee subsequently agrees to, prior to their
commencement with AMSA.
11. SALARY INCREASES
11.1
An Employees annual base salary, payable from the first full pay period seven days
after the approval notice is issued by FWA, and in each subsequent year during the life
of this Agreement is set out in Attachment A of this Agreement.
11.2
The scheduled timing and percentage value of each increase payable under this
Agreement, is set out in the table below:
Scheduled Timing of Payment
8
Percentage Value of
Increase
At the first full pay period seven days after notice of
approval is issued by FWA
5%
31 March 2013
2%
1 May 2014
2%
12. PAYMENT OF SALARY
12.1
An Employee’s (other than a casual Employee’s) fortnightly salary is calculated in
accordance with the following formula:
Annual salary x 12 / 313
12.2
Payment of salary will be fortnightly via electronic funds transfer to an Employee’s
nominated bank, building society or credit union account.
12.3
An Employee is entitled to participate in AMSA’s flexible remuneration packaging
scheme. This scheme may be provided in whole or in part through an external
provider approved by AMSA for this purpose. Participation by the Employee in
AMSA’s flexible remuneration packaging scheme will be in accordance with the
relevant AMSA policy.
13. SUPERANNUATION SALARY
13.1
AMSA will make compulsory employer contributions as required by the applicable
legislation and fund requirements.
13.2
AMSA’s default superannuation fund is the Public Sector Superannuation accumulation
plan (PSSap). AMSA will provide employer superannuation contributions to members
of the PSSap of no less than 15.4% of the Employee’s fortnightly superannuation
salary.
13.3
Where an Employee chooses a superannuation fund by exercising superannuation
choice, AMSA will pay an employer contribution to the Employee’s chosen fund at
a contribution of no less than 15.4%. AMSA requires that the fund is able to accept
direct fortnightly electronic funds transfer.
13.4
AMSA will provide information on superannuation arrangements, including employer
contributions and associated insurance arrangements, to Employees.
13.5
An Employee’s participation in flexible remuneration packaging scheme as set out in
clause 12.3, will not affect the Employees salary for superannuation purposes.
13.6
For Employees who take paid or unpaid parental leave (which includes maternity,
paternity, adoption, foster carer’s and supporting partner leave), employer
contributions will be made for a period equal to a maximum of fifty two (52) weeks, in
accordance with the rules of the appropriate superannuation fund and providing that
the fund is able to accept direct fortnightly electronic funds transfer.
13.7
Employer superannuation contributions will not be paid in respect of other periods of
unpaid leave, unless it is necessary for AMSA to make such payments as set out by
legislation.
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10
PART 3 - WORKING HOURS AND
WORKPLACE FLEXIBILITY
14. HOURS OF WORK
Working Hours Arrangement
14.1
A General Manager will determine whether an Employee is/or is not required to record
their hours of work. If an Employee is required to record their hours of work, they will
do so in a form nominated by AMSA.
Full-time Employees
14.2
A full-time Employee will be required to acquit an annual total of 1983 ordinary hours
of work per year, at an average of thirty eight (38) hours per week. These hours include
an entitlement to all paid leave (including public holidays).
14.3
An Employee (other than Employee categorised as a shift worker) will be required to
work their ordinary hours of work as specified between the spread of hours each week,
ranging each day from 7:00AM to 7:00PM Monday through to Friday.
14.4
A full-time Employee may be required to work additional hours in addition to an annual
total of 1983 ordinary hours of work per year, where this is reasonably necessary for
the efficient performance of their duties with AMSA. Providing an Employee meets
the eligibility requirements as set out in the following clauses, the Employee may be
remunerated by receiving additional payment or compensated by additional leave
under the following clauses of this Agreement:
a.
Clause 15 - Additional Hours Payment
b.
Clause 17 - Professional Hours Scheme
c.
Clause 28 – Shift Workers Additional Hours Payment
d.
Clause 36 - On-Call Payments
e.
Clause 37 - Operational Incident Response Payments
Part-time Employees
14.5
AMSA and an Employee may enter into part-time employment arrangements. A fulltime Employee cannot be compelled to work part-time.
14.6
An Employee may request access to part-time employment at any time. Managers
will make every attempt to accommodate the request having regard to both the
operational requirements of AMSA and the personal needs of the Employee.
14.7
Part-time work arrangements will be set out in a written agreement which may include
the Employee’s hours of duty, the duration of the agreement and details of any specific
arrangements that are necessary to facilitate the part-time employment.
11
14.8
The terms of a part-time agreement cannot be varied without the agreement of the
Employee and the General Manager. This includes reversion or conversion to fulltime arrangements before the originally agreed date. Any request for review by the
Employee will be considered within one month. Part-time hours can be varied by
agreement between the Employee and the Manager on a short term basis to facilitate
access to training or other opportunities. At the end of the part-time agreement the
Employee can either return to full-time work or apply for a further period of part-time
employment.
14.9
Employees returning from maternity, paternity, foster or adoption leave will be provided
with access to part-time employment, upon application, for a period of up to twenty
four (24) months from the time of returning to work. The part-time hours and days
of work are to be agreed between the Manager and Employee having regard to
operational requirements and the Employee’s circumstances.
14.10
An Employee who is part-time should be genuinely considered for promotion
and transfers on the basis of merit but any part-time arrangement will need to be
renegotiated in the new position. Part-time employment arrangements are not
to disadvantage Employees with respect to training, leave, overtime and other
entitlements.
14.11
It is the Manager’s responsibility to ensure that part-time Employees are informed of
issues in the work area. Wherever possible, meetings should be scheduled to ensure
that part-time Employees are able to attend.
14.12
A part-time Employee will be required to work less than 1983 hours per year, as set
out in an Agreement between the Employee and their General Manager. A part-time
Employee will receive pro-rata remuneration and entitlement to leave, based on their
hours worked.
Taking Breaks
12
14.13
An Employee regardless of the type of employment they are engaged with AMSA
to perform as set out in clause 8 of this Agreement, must take a minimum thirty
(30) minute unpaid meal break each day worked, not later than five (5) hours after
commencing work on that day.
14.14
An Employee (other than Employee categorised as a shift worker under this
Agreement) will not be required to work a total of more than twelve (12) hours on a
single attendance at the workplace (including handover time and rest breaks).
14.15
An Employee will not be required to attend for work without a rest break of at least a
minimum of a ten (10) hour break between attendances at the workplace.
14.16
An Employee will not be expected to perform additional hours without the opportunity
for a rest or meal break at a time agreed and determined via consultation with the
Employee and their General Manager and/or Manager/Supervisor.
Payment for Recall to Duty and Travel Time
14.17
An Employee is entitled to record at least two (2) hours for any period that the
Employee is required to attend for work. Where the Employee has been recalled to
work without notice, the Employee may include reasonable time taken for travel to and
from the workplace.
14.18
Whenever possible, work programs will be planned to minimise instances of
Employees being required to undertake travel outside of their regular pattern of work
(particularly over weekends and public holidays).
14.19
Where travel is required outside of the regular pattern of work and this is considered
unduly onerous, AMSA may authorise an Employee to record some or all of their
travelling time as hours worked. Travelling time will also be recorded where such time
is to be billed to an external client.
15. ADDITIONAL HOURS PAYMENT
15.1
An Employee engaged in the classifications of an AMSA Level 1 - 5 who are required
to work hours additional to their ordinary hours of work, will receive an additional
hour’s payment in addition to the Employee’s annual salary for working additional
hours as set out in this clause.
15.2
It is acknowledged that Employees engaged in the classifications of AMSA Level 6 - 8
are already compensated for the requirement to work more than 1983 hours per year.
15.3
The additional hours payment will be determined at the time when additional hours are
worked and will be calculated in accordance with the following formula:
additional hours x (hourly rate* x 2.0) = additional hours payment
*the hourly rate is to be calculated at the Employees actual hourly rate (excluding any
additional payments outlined in Attachment E) up to a maximum of the AMSA 5.7
classification for all Employees.
15.4
Employees defined as shift workers will not be entitled to additional hours payments
under this clause, as their entitlement to additional hours payment is specifically set
out in clause 28 of this Agreement.
16. FLEXI-TIME
Access to Flexi-time
16.1
An Employee engaged in the salary classification of AMSA Level 1-5 will be able
to access flexi-time with the agreement of their Manager. Use of flexi-time will be
mutually agreed by the Employee and Manager in accordance with the section’s work
program.
13
16.2
Managers are responsible for ensuring that eligible Employees have an adequate
opportunity to access accrued flexi-time leave. Flexi-time can be utilised to enable
eligible Employees to start and finish work at times of their choosing, subject to
operational requirements and with management approval.
16.3
Each Employee eligible for flexi-time, consistent with this clause will record their flexitime worked in a form nominated by AMSA. The Manager is required to check and
verify hours worked by Employees periodically, to ensure that hours are maintained
within the minimum/maximum time credits/debits as outlined in clause 16.4 and 16.5
below.
Time Credits
16.4
Each Employee eligible for flexi-time, consistent with this clause will accrue time
credits based on the additional hours they work and may carry forward accrued time
credits of thirty eight (38) hours indefinitely. Accrued time credits will roll over at the
end of each financial year. Subject to operational requirements, Employees will be
allowed to access as much consecutive flexi-time to be taken as flexi-time leave, as
they have accrued.
Time Debits
16.5
Employees may carry forward a maximum time debit of two (2) days (15.2 hours) from
one pay period to the next.
16.6
Employees with a maximum time debit of two (2) days (15.2 hours) may be required to
take any additional debits as leave without pay. Managers should seek to ensure that
Employees do not reach the maximum time debit.
16.7
Time debits are to be cancelled by a commensurate deduction from salary, should an
Employee no longer continue to be employed AMSA.
17. PROFESSIONAL HOURS SCHEME
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17.1
A full-time Employee (except an Employee carrying out the duties of a Port Marine
Surveyor, Principle Regional Port Marine Surveyor, SARO, SSARO or RCC Chief) may
choose to participate in the professional hours scheme with the written agreement of
their Manager. An Employee who elects to participate may not subsequently withdraw
from the scheme except with the agreement of their Manager.
17.2
An Employee who elects to participate in the professional hour’s scheme with
agreement of their Manager will work additional hours as are required by AMSA for the
efficient performance of their duties. As compensation for working additional hours
the Employee will accrue and take one (1) day of paid leave per month in lieu of any
entitlement to payment for additional hours or time off for hours worked in excess of
1983 hours per annum.
17.3
An Employee and AMSA may agree, in writing, to accrue paid professional hours
leave up to a maximum of twelve (12) days. Leave so accrued will be taken only by
agreement between AMSA and the Employee and any balance will not be paid out to
the Employee on termination of their employment.
17.4
The professional hour’s scheme does not apply to part-time and casual Employees.
Clause 14.12 and the entirety of clauses 15 and 16 do not apply to an Employee
who participates in the professional hour’s scheme. Clause 14.2 will apply but only
for the purposes of workers’ compensation and paid leave other than leave taken in
accordance with this clause.
17.5
AMSA may review an Employee’s access to the professional hour’s scheme where the
Employee has not complied with their obligations under the scheme as set out in this
clause.
17.6
Where an Employee and their Manager cannot reach agreement on whether or not an
Employee is eligible to participate in the professional hour’s scheme, the matter will be
referred to a member of the People and Development team. A member of the People
and Development team will as far as practicable, ensure that the parties comprehend
the operation of the scheme and, if necessary, make a recommendation to the parties
as a mediator or to the relevant General Manager for resolution.
17.7
Eligible Employees may participate in either the professional hour’s scheme or flexitime scheme, but must not participate in both schemes at the same time. Employee
participation in either of these schemes is dependent on the Employee having their
Managers agreement.
18. FLEXIBLE WORKING ARRANGEMENTS
18.1
AMSA recognises Employees may have family responsibilities and aims to provide
flexibility in working arrangements that assist Employees in balancing their personal
and work commitments.
18.2
All Employees may request flexible working arrangements consistent with the relevant
provisions of this Agreement. Managers and Employees have a responsibility to
ensure that those flexible working arrangements are applied and accessed fairly and
consistently.
18.3
Managers and Employees are mutually responsible for managing work flows and
ensuring that leave and other flexible work arrangements are maintained through
proper planning and consultation. Flexible work arrangements are also integral to
business and workforce planning.
18.4
An Employee who is a parent, or has responsibility for the care of a child under
school age or a child under 18 who has a disability, may request flexible working
arrangements consistent with the Fair Work Act 2009 (Cth). This includes but is not
limited to requests for part-time work.
18.5
A Casual Employee engaged for irregular or intermittent duties, may only request
flexible work arrangements if the Employee is:
a.
A long-term Casual Employee as defined at section 12 of the Fair Work Act
2009 (Cth), immediately before making the request; and
b.
Has a reasonable expectation of continuing employment on a regular and
systemic basis.
15
18.6
For a request to be in accordance with clause 18.2, it must be in writing and set out
details of the change sought and the reasons for the change. The General Manager
will respond in writing to the request within 21 days of receipt of the request from the
Employee, and will consider the request and will only refuse on reasonable business
grounds. Where the request is refused, the response will include reasons for the
refusal.
19. INDIVIDUAL FLEXIBILITY AGREEMENT
19.1
An AMSA General Manager and Employee covered by this Agreement may agree
to make an individual flexibility agreement (IFA) to vary the effect of terms of the
Agreement if, the arrangement deals with one or more of the following matters:
a.
Arrangements about when work is performed;
b.
Additional Hours Payments;
c.Allowances;
d.
Remuneration; and/or
e.Leave.
19.2
In addition to the matters relevant to the making of an IFA as set out in clause 19.1
above, the arrangement must meet the genuine needs of AMSA and the Employee
in relation to one or more of the matters mentioned in clause 19.1 above. The
arrangement must be genuinely agreed by a General Manager and the Employee.
19.3
The General Manager must ensure that the terms of the IFA:
19.4
16
a.
Are about permitted matters under section 172 of the Fair Work Act 2009 (Cth);
and
b.
Are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth); and
c.
Result in the Employee being better off overall than the Employee would be if
no arrangement was made.
The General Manager must ensure that the IFA:
a.
Is in writing;
b.
Includes the name of the employer and Employee;
c.
Is signed by an AMSA General Manager 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 Agreement that will be varied by the arrangement;
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 states the day on which the arrangement commences and, where
applicable, when the arrangement ceases.
19.5
The General Manager must give the Employee a copy of the IFA within fourteen (14)
days after it is agreed.
19.6
The General Manager or Employee may terminate the IFA:
a.
By giving no more than twenty eight (28) days written notice to the other party
to the arrangement; or
b.
If the AMSA General Manager and Employee agree in writing — at any time.
19.7
The right to make an IFA pursuant to this clause is in addition to, and is not intended
to otherwise affect, any other terms and conditions of employment included in this
Agreement.
19.8
AMSA will report on IFA’s on a regular basis to the Staff Consultative Working Group
(SCWG). The information will include the following (but without identifying any
individual):
a.
The number of IFA’s per classification level; and
b.
The condition(s) varied through each IFA.
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18
PART 4 - SHIFT WORKERS
20. SHIFT WORK
20.1
AMSA meets its operational requirements by using a variety of working arrangements.
The use of shift work is one arrangement for fulfilling these operational requirements.
20.2
AMSA’s aim is that Employees who perform shift work are remunerated equitably
for the work they perform and that their health, safety and welfare is considered as
primary importance when developing and implementing shift rosters.
20.3
AMSA Employees will be considered to be shift workers under this Agreement, if they
are rostered to perform ordinary duty outside the ordinary hours of work defined in
clause 14.3 of this Agreement.
21. FATIGUE RISK MANAGEMENT SYSTEM
21.1
As a result of AMSA’s commitment of aiming to ensure the health and safety of its
shift workers, AMSA has developed a fatigue risk management system (FRMS) that
oversees the roster design and implementation principles that are used to schedule
shift workers for work and guides the conduct of these shifts.
21.2
The FRMS was developed in consultation with leading fatigue researchers. The system
assists in putting in place risk mitigation strategies to reduce the prevalence of fatigue
that has the potential to arise amongst shift workers and underpins the design of
AMSA’s shift roster.
22. STANDARD SHIFT TYPES
22.1
An AMSA shift worker working a standard shift rostered in accordance with the FRMS
includes a fifteen (15) minute handover period each shift.
22.2
The types of standard shifts a shift worker may be rostered to perform, are outlined
below:
a.
Twelve (12) hours and fifteen (15) minutes (with a break of a minimum of thirty
(30) minutes each consecutive five (5) hours worked); or
b.
Eight (8) hours thirty (30) minutes (with a break of thirty (30) minutes no later
than five (5) consecutive hours of work), which may extend to twelve (12) hours
and fifteen (15) minutes for operational necessity.
23. SHIFT EXTENSION
23.1
In extraordinary circumstances and subject to AMSA’s FRMS, a standard shift may be
extended to fourteen (14) hours in total. In this case, additional hours will be paid at the
rate specified in clause 28 of this Agreement.
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24. SHIFT TYPES
24.1
The standard shift types an AMSA shift worker may work are outlined in the “Shift
Workers – Table A” below:
Shift Workers – Table A
Shift Type/Description
Shift Work Hours
Day Shift
Work starting at 6.45am and ending at 7.00pm equating
to a total shift of twelve (12) hours and fifteen (15)
minutes (inclusive of the fifteen (15) minute handover
period).
Night Shift
Work starting at 6.45pm and ending at 7.00am equating
to a total shift of twelve (12) hours and fifteen (15)
minutes (inclusive of the fifteen (15) minute handover
period).
Reduced Day Shift
Work starting between the hours of 6.30am to 6.00pm,
equating to hours worked of eight (8) hours and thirty
(30) minutes - which may extend to twelve (12) hours
and fifteen (15) minutes.
24.2
Standard shift commencement and finishing times may be changed throughout the
duration of this Agreement with appropriate consultation amongst affected rostered
shift workers and in compliance with AMSA’s FRMS.
25. SHIFT ROSTERS
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25.1
Shift Rosters will specify the commencing and finishing times of ordinary hours of the
respective shifts and will be readily available to staff working the roster.
25.2
Consultation and reasonable notice will be given prior to a change in shift working
arrangements previously rostered. Reasonable notice will normally be regarded as
seven (7) days, or less by agreement. If reasonable notice of seven (7) days is not able
to be given then overtime will be applied to that shift.
25.3
Prior to the introduction of any new roster, AMSA will consult with affected shift
workers and, where they choose, their representatives and trial the proposed shift
arrangement for a period of not less than three (3) months. At the end of the trial
period, the affected shift workers will vote on implementing the new roster on a
permanent basis.
25.4
In the event that disagreement arises surrounding roster design or rearrangement of
shift cycles, the affected shift workers and their chosen representatives will refer to
clause 34, the dispute resolution clause in this Agreement.
25.5
Shift rosters may be periodically reviewed by external parties as nominated by AMSA.
26. REST BREAKS
26.1
An AMSA Employee who is a rostered shift worker is entitled to two (2) paid rest
breaks during a standard shift of twelve (12) hours and fifteen (15) minutes as follows:
a.
One (1) paid rest break of not less than thirty (30) minutes to be taken no later
than five (5) hours after commencement on the shift; and
b.
One (1) second paid rest break of not less than thirty (30) minutes to be taken
no later than ten (10) hours after commencement of the shift.
26.2
In the event that a shift worker is rostered to work a shift of less than twelve (12) hours
and fifteen (15) minutes, the shift worker will not be required to work for more than five
(5) consecutive hours without a paid meal break of at least thirty (30) minutes.
26.3
An Employee who is a rostered shift worker is entitled to a break of at least ten (10)
consecutive hours off duty plus reasonable travelling time preceding the start of the
Employee’s next standard shift.
26.4
A rostered shift worker may be directed by the General Manager to resume or continue
duty without having had ten (10) consecutive hours off duty plus reasonable travelling
time in extraordinary circumstances. In this case, the shift worker will be paid at the
rate of double time for the time so worked until the required rest break occurs. The
FRMS will be adhered to in all of the above cases.
27. ANNUALISED SHIFT ALLOWANCE
27.1
An Employee who is a rostered shift worker as defined in accordance with this
clause, will receive an Annualised Shift Allowance (ASA) in lieu of all other payments
(including penalty rates) that would otherwise be paid for standard shift work, based
on a calculation applying the following penalty rates to each shifts as set out in “Shift
Workers – Table B” below, on the shifts that an Employee would be rostered to perform
over the course of year:
21
Shift Workers – Table B
Shift Type
Penalty Applied
Day shift – Work performed between 6.45am – 7.00pm, Monday
through to Friday
15%
Night shift – Work performed between the hours of 6.45pm 7.00am, Monday through to Friday
15%
Continuous Night shift – Work performed continuously for a
period exceeding four weeks between 6.45pm - 7.00am
30%
Saturday shift - Work performed on a Saturday or part there of
(Friday 12pm to Saturday 12am)
50%
Sunday shift – Work performed on a Sunday or part there of
(Saturday 12pm to Sunday 12am)
100%
Public holiday shift – Work performed on a gazetted public
holiday or part there of
150%
27.2
The rate of payment of ASA will be paid at the following percentages as set out in
“Shift Workers – Table C” below of the shift workers base annual salary calculated
(and reached at a negotiated position between AMSA and the relevant Employees and
are taken to be fair compensation for AMSA’s shift work requirements) on the basis of
the shift workers roster cycle to a total of 1983 hours of work performed by the shift
worker per annum:
Shift Workers – Table C
Employee Classification
Trainee SARO
ASA % of Base Salary
0%
(Trainee SARO’s are not generally required to perform
shift work, unless in the event a trainee works a small
number of shifts as part of their training, they will be
paid a pro-rata rate based on the aggregated rate that
applies to Search and Rescue Officers (SARO) and
Senior Search and Rescue Officers (SSARO) for the
shifts they perform.
Search and Rescue
Officers (SARO) and
Senior Search and Rescue
Officers (SSARO)
36%
RCC Chiefs
24%
27.3
22
The calculation of ASA has been negotiated based on the establishment of a shift
roster for a defined period, the number and percentage of days and hours in the roster
period that attract penalty rates with an adjustment for work rostered to be performed
on public holidays applied and consideration of discounts for Personal Leave and
Long Service Leave. This does not include being rostered off on a public holiday for
which other leave compensation is applied.
27.4
The rate of payment of ASA as a percentage outlined “Shift Workers – Table C” above
may be varied during periods when an Employee is not classified as a shift worker
as defined in clause 8.3(d) of this Agreement. If an Employee is no longer classified
as a shift worker as defined in clause 8.3(d) of this Agreement, AMSA will propose
an Individual Flexibility Agreement in accordance with the provisions of clause 19,
to establish relevant working arrangements, conditions and remuneration for the
Employee.
27.5
ASA is in addition to the shift workers base salary and is set out in Table 3 in
Attachment A of this Agreement.
27.6
ASA is payable to the shift worker on a fortnightly basis, in line with their normal pay
cycle.
27.7
ASA counts as salary for superannuation purposes.
27.8
An Employee who is a rostered shift worker will be paid ASA during a period that the
Employee elects to take Long Service Leave (LSL).
27.9
An Employee who is a rostered shift worker is not entitled to flexi-time.
28. SHIFT WORKERS ADDITIONAL HOURS
PAYMENT
28.1
Any payments made to a shift worker for working additional hours will be made to the
shift worker at the rate of:
additional hours x (hourly rate x 2.0) = additional hours payment
28.2
Additional hours payment is to be made to a shift worker when they perform duty that
exceeds beyond the hours of their shift type as outlined in “Shift Workers – TABLE A”
of this clause.
28.3
The additional hours payment will be computed at the shift workers base hourly rate
calculated from the Employees base annual salary as set out in Table 3 in Attachment
A of this Agreement.
28.4
ASA will not be taken into account in the computation of additional hours payments
or in the calculation of any allowance based upon salary, nor will they be paid with
respect to any shift for which any other form of penalty payment is made under this
Agreement.
28.5
Given the unpredictable nature of requirements for additional hours in the Rescue
Coordination Centre, a shift worker will be paid for additional hours worked on a
monthly retrospective basis.
28.6
Time off in lieu may be granted to a shift worker where AMSA and the shift worker
agree to do so, on an “hour for hour” basis. If time off in lieu is elected as opposed to
payment for additional hours, the time off in lieu must be taken within six (6) months of
completing the shift that additional hours were worked.
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29. LEAVE
Annual Leave
29.1
A full-time Employee when working as a shift-worker will accrue an additional one (1)
week (38 hours) of Annual Leave in addition to the base entitlement of four (4) weeks
(152 hours) of Annual Leave for each completed year of service.
Extra Leave
24
29.2
A full-time Employee when working as a shift worker will accrue extra leave of eight
and a half (8.5) days (64.6 hours) per annum, which will be credited to the shift worker
at the commencement date of this Agreement and thereafter at each twelve (12) month
period at the anniversary of the commencement of the Agreement.
29.3
The purpose of this extra leave type is to compensate the shift worker for being
rostered off on public holidays and Christmas closedown which has not been factored
into the calculation of ASA. This leave type is not cumulative, and must be taken by the
shift worker throughout the course of each twelve (12) month period that the leave is
credited to the shift worker.
29.4
Extra leave accrued during each twelve (12) month period will be taken by agreement
between AMSA and the shift worker and any balance will not be paid out to the shift
worker on termination of their employment.
PART 5 - WORKPLACE
CONSULTATION AND CHANGE
30. CONSULTATION IN AMSA’S WORKPLACE
30.1
AMSA is committed to communicating and consulting directly with Employees and
their representatives about workplace matters affecting them. AMSA recognises
that consultation means providing Employees and their representatives with relevant
information and a bona fide opportunity to influence the decision maker before a
decision is made.
30.2
Employees and their representatives will be provided with the opportunity, reasonable
paid time and facilities to actively participate in any consultative process. In this
context AMSA will:
a.
Provide relevant and timely information to Employees, and where they choose,
their representatives, about workplace matters that will impact them;
b.
Provide Employees and their representatives the opportunity for direct
feedback on those matters;
c.
Consider the feedback provided by Employees and their representatives
and demonstrate that this feedback has been taken into account prior to
implementing the change;
d.
Recognise the right of individual Employees to choose representatives to act
on their behalf in consultative processes; and,
e.
Use a range of means to communicate and consult with Employees and their
representatives which may include, but not limited to, consultative committees
(Staff Consultative Working Group), divisional, regional and section/team
meetings.
31. STAFF CONSULTATIVE WORKING GROUP
31.1
The Staff Consultative Working Group (SCWG) will be the main vehicle for on-going
Employee participation and consultation regarding matters covered by this Agreement
and associated policies. AMSA commits to engaging in consultation with Employees
and their representatives through the SCWG. The SCWG may include union
representation and the terms of reference will be agreed to by its members.
31.2
Further guidance and advice to assist Employees and Managers to properly apply
the conditions of employment in this Agreement are contained in AMSA policies
associated with this Agreement that may be amended from time to time.
31.3
The procedures for preventing and settling disputes set out in clause 34 of this
Agreement apply to a dispute relating to the application of any policy that operates in
association with this Agreement.
25
31.4
Due to the operational nature of the work performed by Employees classified as
Surveyors and shift workers under this Agreement, these Employees will hold their own
sub-group meetings and report into the SCWG on relevant matters as appropriate.
32. CONSULTATION REGARDING MAJOR
WORKPLACE CHANGE
32.1
This clause applies where a decision is made to introduce major changes in a work
area that are likely to have significant effects on Employees, other than where provision
is already made elsewhere in this Agreement regarding a specific major change.
32.2
Where a definite decision is made to introduce major changes in program,
organisation, structure or technology that are likely to have significant effects on
Employees, the CEO must notify the Employees who are likely to be affected by the
proposed changes and their representatives, if any.
32.3
Significant effects include:
a.
Termination of employment;
b.
Major changes in the composition, operation or size of AMSA’s workforce or in
the skills required;
c.
The elimination or diminution of job opportunities, promotion opportunities or
job tenure;
d.
Alteration in hours of work;
e.
The need to retrain Employees;
f.
The need to relocate Employees to another workplace; and
g.
The restructuring of jobs.
33. DISCUSSION AROUND MAJOR WORKPLACE
CHANGE
26
33.1
The CEO must discuss with the Employees affected and their representatives, if any,
the introduction of the changes referred to in clause 32 above, the effects the changes
are likely to have on Employees and measures to avert or mitigate the adverse effects
of such changes on Employees, and must give prompt consideration to matters raised
by the Employees and/or their representatives in relation to the changes.
33.2
The discussions must commence as early as practicable after a definite decision has
been made to make the changes referred to in clause 32 above.
33.3
For the purposes of such discussion, the employees concerned and their
representatives, if any, are to be provided in writing all relevant information about the
changes, including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees. The CEO
is not required to disclose confidential or commercially sensitive information to the
employees.
34. DISPUTE RESOLUTION PROCEDURE
34.1
AMSA acknowledges that disputes may arise, from time to time in the workplace and
as such has developed this dispute resolution procedure to deal with disputes in a
timely and effective manner, as they arise.
34.2
If a dispute relates to a matter arising under this Agreement, a matter relating to
Work Health and Safety (WHS) or the NES, the parties to the dispute must first aim in
good faith, to resolve the matter at the workplace level by engaging in constructive
discussions with the view of resolving the dispute, between the Employee or
Employees concerned and the relevant Supervisor/Manager.
34.3
If a resolution to the dispute has not resulted after discussions have been held in
accordance with the parties at a workplace level, the parties to the dispute will aim
to resolve the dispute in a timely manner either through discussions with the relevant
General Manager of the Employees Division, or where appropriate through alternative
dispute resolution methods deemed appropriate by the parties to the dispute in
reaching a resolution.
34.4
If discussions and/or alternative dispute resolution methods engaged in by the parties
to the dispute at the workplace level do not resolve the dispute, and all appropriate
steps have been taken in accordance with clause 34.2 and clause 34.3 above, a party
to the dispute may refer the matter to Fair Work Australia.
34.5
Fair Work Australia may deal with the dispute in two (2) stages:
a.
Fair Work Australia will first attempt to resolve the dispute as it considers
appropriate, including by mediation, conciliation, expressing an opinion or
making a recommendation; and
b.
If Fair Work Australia is unable to resolve the dispute at the first stage,
Fair Work Australia may then move to arbitrate the dispute and/or make a
determination that is binding on the parties in relation to the dispute.
34.6
AMSA or an Employee who is a party to the dispute may appoint another person,
organisation or association to accompany and/or represent them for the purposes of
this clause.
34.7
Resolution of disputes is to occur in good faith by following the same principles as the
good faith bargaining requirements at section 228 of the Fair Work Act 2009 (Cth).
27
34.8
34.9
While the parties are trying to resolve the dispute using the procedures in this term:
a.
An Employee must continue to perform their work as they would normally
unless the Employee has a reasonable concern about an imminent risk to his
or her health or safety; and
b.
An Employee must comply with a direction given by a General Manager to
perform other available work at the same workplace, or at another workplace,
unless:
i.
The work is not safe; or
ii.
Applicable occupational health and safety legislation would not permit
the work to be performed; or
iii.
The work is not appropriate for the Employee to perform; or
iv.
There are other reasonable grounds for the Employee to refuse to comply
with the direction.
The parties to the dispute agree to be bound by a decision made by Fair Work
Australia in accordance with this clause.
35. FREEDOM OF ASSOCIATION, RIGHTS OF
WORKPLACE DELEGATES AND ELECTED
UNION REPRESENTATIVES
28
35.1
AMSA recognises that Employees are free to choose to join or to not join a union.
Employees who choose to be members of a union have the right to participate in union
activities and have their industrial interests represented by that union.
35.2
The role of union workplace delegates and other elected union representatives is to be
respected and facilitated. AMSA and union workplace delegates must deal with each
other in good faith.
35.3
In discharging their representative roles at the workplace level, the rights of union
workplace delegates include but are not limited to:
a.
The right to be treated fairly and to perform their role as workplace delegates
without any discrimination in their employment;
b.
Recognition by the AMSA that endorsed workplace delegates speak on behalf
of their members in the workplace;
c.
The right to participate in collective bargaining on behalf of those whom they
represent, as per the Fair Work Act 2009 (Cth);
d.
The right to reasonable paid time to provide information to and seek feedback
from Employees in the workplace on workplace relations matters at AMSA
during normal working hours;
35.4
35.5
e.
The right to email Employees in their workplace to provide information and
seek feedback, subject to individual Employees exercising a right to ‘opt out’;
f.
Undertaking their role and having union representation on the SCWG;
g.
Reasonable access to AMSA facilities (including telephone, facsimile,
photocopying, internet and email facilities, meeting rooms, lunch rooms, tea
rooms and other areas where Employees meet) for the purpose of carrying
out work as a delegate and consulting with members and other interested
Employees and the union, subject to AMSA’s policies and procedures;
h.
The right to address new Employees about union membership at the time they
enter employment;
i.
The right to consultation, and access to relevant information about the
workplace and AMSA; and
j.
The right to reasonable paid time to represent the interests of members to the
employer and industrial tribunals.
In discharging any roles that may involve undertaking union business, the rights of
union workplace delegates include but are not limited to:
a.
Reasonable paid time during normal working hours to consult with other delegates and union officials in the workplace, and receive advice and assistance from union staff and officials in the workplace;
b.
Reasonable access to appropriate training in workplace relations matters
including training provided by a union; and
c.
Reasonable paid time off to represent union members in AMSA at relevant
union forums.
In exercising their rights, workplace delegates and unions will consider operational
issues, AMSA policies and procedures and the likely effect the exercise of their rights
may have on the efficient operation of AMSA.
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30
PART 6 - ALLOWANCES
36. ON-CALL PAYMENTS
36.1
AMSA’s business operations require that it has the resources to adequately and
effectively respond on a 24/7 basis. To facilitate AMSA’s operational response on a
24/7 basis, an Employee who has been designated as rostered on-call by an AMSA
General Manager to perform on-call duties outside normal work hours will be required
to actively fulfil AMSA’s on-call business requirements.
36.2
An Employee who performs on-call will be entitled to a payment for each week (or
part thereof) the employee is rostered, calculated in accordance with Attachment
E - Additional Payments. Any Employee who is rostered to perform on-call duties in
relation to on-call under this clause will not receive an on-call payment unless they
have been designated as rostered on-call in advance of performance of on-call duties,
as approved by an AMSA General Manager.
36.3
An employee who is on-call and is called-out to perform on-call duties at a place of
work will be paid a minimum of two (2) hours each time they are called out to perform
such work. Employees who are already in receipt of other remuneration payments for
additional hours, will not be eligible for payment when they are called out to perform
work in accordance with this clause.
36.4
Additional hours payments for duties arising from on-call responses will be calculated
in accordance with clause 15.3 of this Agreement.
36.5
Employees rostered to perform on-call must answer an on-call contact within ten (10)
minutes, assess the appropriate first response required of AMSA within thirty (30)
minutes, and if the relevant service demand/requirement includes attendance at a
workplace to be there within one (1) hour (inclusive of travel time) of being contacted.
The service requirement will permit access via home based computer work equipment
to be considered attendance at the workplace for on-call purposes.
36.6
In rostering Employees for the purpose of participating in the AMSA On-Call Roster,
AMSA will have regard to the Employee’s ability to be at the workplace within a time
frame that meets its operational needs for satisfying essential business requirements
along with balancing the individual needs of the Employee.
36.7
Notwithstanding clause 36.3 above, AMSA Port Marine Surveyors and Principle
Regional Port Marine Surveyors will not use on-call hours to acquit their consolidated
working hours obligations.
36.8
Notwithstanding clause 36.3 above, Employees participating in the professional hours
scheme, will not be eligible for payment when called-out to perform duties under this
clause.
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37. OPERATIONAL INCIDENT RESPONSE
PAYMENTS
37.1
An Employee may be required to respond to an operational incident which takes place
when a major incident arises and is declared by a General Manager as a significant
event.
37.2
When AMSA directs an Employee to respond to an operational incident, AMSA
undertakes to consider the following:
37.3
37.4
a.
Any risk to the Employees health and safety as a direct consequence of
working additional hours;
b.
The Employees personal circumstances – inclusive of their family
responsibilities;
c.
Any notice provided by the Employee of his/her intention to refuse to work the
additional hours;
d.
The nature of the Employees role and associated level of responsibility; and
e.
Any other relevant and/or applicable matters.
Operational incident response payments (OIRP) must be pre-authorised for any work
directly related to the operational incident as defined by the General Manager, for work
on:
a.
Search and rescue incidents (General Manager Emergency Response Division);
b.
Marine pollution incidents (General Manager Marine Environment Division) ;
c.
Maritime casualty, salvage and intervention incidents (General Manager Marine
Environment Division);
d.
Incidents that require business continuity intervention to maintain AMSA’s
critical functions based on the Maximum Tolerable Periods of Interruption
defined in AMSA’s Business Continuity Command Plan (General Manager
Corporate Services Division and General Manager Emergency Response
Division); and
e.
Other emergency management responses affecting AMSA (General Manager
Emergency Response Division).
When AMSA directs an Employee to respond to an operational incident having
undertaken due consideration of the matters outlined in clause 37.2 above, OIRP may
be made to any Employee covered by this Agreement, where the work they perform is
outside the employee’s normal hours of work or additional to the employee’s required
number of working hours per annum. OIRP may only be made on the authorisation of
the General Manager, having considered:
a.
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That the incident demands an immediate response from AMSA beyond the
normal routine;
37.5
b.
That the work was performed outside the Employee’s span of working hours,
or additional to the Employee’s required number of working hours per annum;
and
c.
That the Employee in receipt of the OIRP is an Employee covered by the scope
of this Agreement.
Where an Employee is directed to respond to an operational incident in accordance
with this clause, the Employee will receive an OIRP, paid to the Employee at a rate as
calculated by the following formula:
Operational incident response hours x (hourly rate* x 2.0) = OIRP
*Hourly rate does not include additional payments payable to the Employee, as set
out in Attachment E.
37.6
An Employee approved by a General Manager to receive OIRP, may elect to take the
same number of hours off as time off in lieu (TOIL) were worked for the approved
payment, subject to AMSA’s business requirements. The business requirements
will be determined by the General Manager for the Division in which the Employee
normally works. The Employee must take the TOIL hours within a period not exceeding
six (6) months after their work responding to the operational incident has ceased.
37.7
An Employee who is rostered on-call for operational incident response purposes and
who, in order to assess and respond to an operational incident works for a cumulative
period exceeding thirty (30) minutes, will be paid a minimum of one (1) hour of OIRP.
For work performed in excess of a cumulative period exceeding thirty (30) minutes,
an Employee will be remunerated at the applicable penalty rate for hours worked, as
outlined in clause 37.5 above.
37.8
Employees participating in the professional hours scheme at the time they are
engaged to perform duty in connection with a declared operational incident, will be
eligible for payment under this clause. If the Employee accrues more than one hundred
and fourteen (114) hours of OIRP in a calendar month, one (1) day (7.6 hours) of
professional leave will be deducted from the Employees professional leave balance.
37.9
OIRP will not be made for work performed by shift workers rostered on shift in the
Rescue Coordination Centre.
37.10
AMSA Port Marine Surveyors and Principle Regional Port Marine Surveyors will not
use operational incident response hours to acquit their consolidated working hours
obligations.
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38. CAMPING AND OFF-SHORE (AT-SEA)
ALLOWANCE
Camping Allowance
38.1
Employees required to camp overnight while performing AMSA duties in areas where
accommodation is not available, as per the standard defined in AMSA travel policy, will
be paid an allowance.
Offshore (at-sea) Allowance
38.2
Employees required to remain at sea overnight past the hour of 7:00pm, performing
AMSA duties will be paid an allowance. The allowance is only payable while offshore
on non-passenger vessels where the accommodation is shared or has shared facilities.
38.3
Payment for both the camping and offshore (at-sea) allowances are set out in
Attachment E of this Agreement. When an Employee is in receipt of either of these
allowance types, the Employee will not be entitled to other accommodation payments
as set out in AMSA’s travel policy.
39. DOMESTIC SUPPORT
39.1
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AMSA commits to developing and implementing a domestic support policy, by
1 September 2013.
PART 7 - PERFORMANCE AND
CAREER PROGRESSION
40. PERFORMANCE MANAGEMENT
Annual Performance Management Arrangements
40.1
AMSA’s Performance Management Arrangements (PMA) are designed to support
Employees in the workplace in a manner that is simple, fair and transparent, and
requires management to provide objective feedback and links to learning and
development opportunities. An Employee will participate in AMSA’s performance
management process. The process provides for a cycle of communication and
assessment between 1 July and 30 June in each year.
40.2
The system provides for pay point increments within AMSA’s salary classification levels
as set out in Attachment A of this Agreement. If an Employee is assessed as ‘meets
expectations’ in both tasks and behaviours they will receive a pay point increment
unless they are already at the top increment of a classification range. An Employee
assessed as ‘exceeds expectations’ may receive an accelerated pay point increment
or for Employees at the top of their classification level, a one off, at risk lump sum
payment equivalent to a pay point increment. All incremental advancement will be from
1 July each year.
40.3
An Employee who is assessed as ‘does not meet expectations’ will not receive a pay
point increment and measures to improve performance will be outlined in their next
performance agreement.
40.4
All Employees assessment ratings are subject to a moderation process by the AMSA
Executive.
40.5
Detailed information in relation to the PMA is available in the Performance
Management Arrangements policy and guidelines.
41. PROFESSIONAL ASSOCIATION MEMBERSHIP
41.1
AMSA will pay for professional association membership costs where such membership
is considered to provide a direct benefit to AMSA and is limited to one (1) paid
membership per employee, each year.
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36
PART 8 - LEAVE
42. PAID LEAVE ENTITLEMENTS
42.1
All paid leave under this clause must be applied for by the Employee and approved by
the relevant Manager/Supervisor in advance of the absence from the workplace. In all
other cases, leave must be applied for as soon as possible.
43. ANNUAL LEAVE
43.1
A full-time Employee will accrue four (4) weeks (152 hours) of Annual Leave for each
completed year of service.
43.2
An Employee’s Annual Leave balance will be paid out on termination of employment or
where the Employee has died or is presumed to have died.
43.3
The General Manager may cancel a period of Annual Leave before or after it has
commenced, but must not be unreasonable in cancelling the Employee’s Annual
Leave. Where an Employee has reasonably incurred costs as a result of the General
Manager cancelling a period of Annual Leave that are not otherwise recoverable by the
Employee, AMSA will reimburse the Employee those non-recoverable costs.
43.4
If an Employee is unfit for duty for one (1) or more days whilst on Annual Leave, the
Employee may request that AMSA re-credit their Annual Leave balance by providing
supporting medical documentation to adjust the leave type to Personal Leave.
43.5
Annual Leave accrues on a fortnightly basis and counts as service for all purposes.
44. CASHING OUT OF ANNUAL LEAVE
44.1
An Employee with an Annual Leave balance in excess of six (6) weeks (228 hours)
at the commencement of this Agreement may apply in writing to AMSA, to cash out
excess leave. In the event that an Employee requests to cash out excess leave in
accordance with this clause, a separate written Agreement will be made between
AMSA and the Employee for each period of cashed out leave.
44.2
An Employee may cash out a minimum amount of two (2) weeks (76 hours) Annual
Leave once each financial year over the life of the Agreement, provided that they have
taken at least three (3) weeks (114 hours) of leave (eligible leave types are defined in
clause 44.3 below) of which two (2) weeks (76 hours) must be taken consecutively
in the previous twelve (12) months. The cashing will not result in the Employee’s
remaining accrued entitlement to Annual Leave being less than four (4) weeks (152
hours). An election to cash out must be made to AMSA by the Employee in writing.
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44.3
Leave types to be taken consecutively to satisfy the requirements as outlined in clause
44.2 above, prior to an Employee becoming eligible to cash out their excess leave are
as follows:
a.
Annual Leave;
b.
Professional Leave;
c.
Long Service Leave;
d.
Surveyors Leave; and
e.
Shift Workers Additional Annual Leave and Extra Leave.
45. DIRECTION TO TAKE ANNUAL LEAVE
45.1
An Employee with an Annual Leave balance in excess of three hundred and forty two
(342) hours in any year may be directed to take some or all of their excess Annual
Leave.
46. PERSONAL LEAVE
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46.1
An Employees entitlement to Personal Leave under this Agreement has been refined
to combine the pre-existing leave types of Sick Leave (a previous entitlement based at
fifteen (15) days (114 hours) per annum) and Carers Leave (a previous non-accruable
entitlement based at five (5) days (38 hours) per annum) included in the previous
Australian Maritime Safety Authority Union Collective Agreement 2009-2012.
46.2
As a result of combining the previous leave types as specified in clause 46.1 above, a
full time Employee will accrue eighteen (18) days (136.80 hours) of Personal Leave, for
each completed year of service. A part-time Employee will accrue a reduced pro-rata
entitlement based on an annual entitlement of eighteen (18) days (136.80 hours) per
year, commensurate with the hours a part-time Employee works.
46.3
In the first year of employment, Personal Leave will accrue on a fortnightly basis. On
the anniversary of employment in each subsequent year, the full-time Employee will be
credited with a further eighteen (18) days (136.80 hours) of Personal Leave. Personal
Leave counts as service for all purposes.
46.4
Personal Leave can be accessed by an Employee in circumstances that the Employee
is required to:
a.
Deal with personal illness or injury, including to attend a medical or dental
appointment;
b.
Care for a member of the Employees immediate family who are ill or injured or
who require assistance; and
c.
Attend unforseen or unplanned events or emergencies to provide support to a
member of the Employees immediate family, including:
i.
Attending to health or other personal matters;
ii.
Accompanying an immediate family member to assist with health or other
personal matters; and
iii.
Deal with other pressing or unavoidable absences connected with the
health or well-being of the Employee or member of the Employee’s
immediate family as approved by the Employee’s General Manager.
46.5
The definition of an Employee’s “immediate family” is intended to mean the same as
the definition included in clause 47.2 that defines “immediate family” with respect to
Compassionate Leave entitlements.
46.6
AMSA may require documentation from a registered health practitioner in respect
of Personal Leave taken by an individual Employee. This will only apply to Personal
Leave taken after the Employee has been advised of the requirement to produce the
appropriate documentation.
46.7
The Employee must notify their Supervisor of the intention to take Personal Leave prior
to the ordinary commencing time of work or, where this is not practicable, as soon as
possible thereafter.
46.8
Personal Leave is not payable during any period in which the Employee is entitled
to workers’ compensation. Where Personal Leave has been taken before a claim is
accepted, the Personal Leave will be re-credited when the insurer reimburses AMSA
for the period of leave.
46.9
An Employee’s Personal Leave balance will not be paid out upon termination of their
employment with AMSA.
47. COMPASSIONATE LEAVE
47.1
47.2
An Employee is entitled to paid Compassionate Leave on each occasion as follows:
a.
Three (3) days to spend time with an immediate family member or a member
of the Employees household who is suffering from a life threatening illness or
injury; and
b.
Three (3) days following the death of an immediate family member or a member
of the Employees household.
For the purposes of this clause, “immediate family” is intended to mean the following:
a.
A spouse or partner of the Employee irrespective of gender (including a former
spouse or partner); and/or
b.
A child (including an adopted child, a step-child, foster child or an ex-nuptial
child), parent, grandparent, grandchild, sibling of the Employee or sibling of the
Employee’s spouse or partner; and/or
39
c.
A member of an Employee’s household; and/or
d.
Traditional kinship (that is a connection by blood, marriage, or adoption; family
relationship).
47.3
An Employee’s Manager, at the time the Employee makes an application for
Compassionate Leave, may request that the Employee provides documentary
evidence that supports the definition of “immediate family” as set out above.
47.4
The General Manager may give approval for an Employee to extend Compassionate
Leave.
47.5
If an Employee is on Annual Leave, personal or Long Service Leave and qualifies
during that period of leave for Compassionate Leave, the Employees Annual Leave,
Personal Leave or Long Service Leave may be re-credited.
48. LONG SERVICE LEAVE
48.1
Long Service Leave is provided in accordance with the Long Service Leave
(Commonwealth Employees) Act 1976 (Cth).
48.2
The General Manager may cancel a period of Long Service Leave before or after it has
commenced, but must not be unreasonable in cancelling the Employee’s Long Service
Leave. Where an Employee has reasonably incurred costs as a result of the General
Manager cancelling a period of Long Service Leave that are not otherwise recoverable
by the Employee, AMSA will reimburse the Employee those non-recoverable costs.
48.3
If an Employee is unfit for duty for one or more days whilst on Long Service Leave,
the Employee may request that AMSA re-credit their Long Service Leave balance
by providing supporting medical documentation to adjust the leave type to Personal
Leave.
49. MATERNITY LEAVE
49.1
An Employee is entitled to paid Maternity Leave as if the Maternity Leave
(Commonwealth Employees) Act 1973 (Cth) applied to employment with AMSA, plus
an additional three (3) weeks paid leave, providing a total of fifteen (15) weeks paid
Maternity Leave.
49.2
The Employee may elect to take the fifteen (15) weeks paid Maternity Leave as thirty
(30) weeks at half pay.
50. ADOPTION LEAVE
40
50.1
An Employee who is the primary care giver is entitled to fifteen (15) weeks paid
Adoption Leave for the purposes of adopting a child.
50.2
The Employee may elect to take the fifteen (15) weeks paid Adoption Leave as thirty
(30) weeks at half pay.
50.3
The Employee is also entitled to an additional period of Adoption Leave to care for an
adopted child up to a maximum of fifty two (52) weeks (including the paid period of
leave). The additional period of leave will be without pay and will not count as service
for any purpose.
51. SUPPORTING PARENT LEAVE
51.1
An Employee who has twelve (12) months continuous service, is a non-primary care
giver and whose partner gives birth or adopts a child is entitled to three (3) weeks paid
Supporting Parent Leave to be taken as an unbroken period within twelve (12) months
of the birth or adoption of the child.
52. COMMUNITY SERVICE, VOLUNTEER AND JURY
SERVICE LEAVE
52.1
Upon an Employees application for leave under this clause, a General Manager may
grant paid Community Service Leave (as defined by Part 2-2, Division 8 of the Fair
Work Act 2009 (Cth)), which includes jury service, emergency service responses
and associated training, ceremonial duties, inclusive of reasonable travel and
recovery time. The duration and frequency of the leave will be determined after due
consideration of the circumstances of the request.
53. WAR SERVICE SICK LEAVE
53.1
Employees may be eligible to be granted War Service Sick Leave while unfit for duty
because of a war-caused condition(s).
53.2
A war-caused condition means an injury or disease of an Employee that has been
determined under the Veterans’ Entitlements Act 1986 (Cth) or other relevant legislation
as amended from time to time, to be war-caused or defence-caused.
53.3
Eligible Employees will accrue a credit of nine (9) weeks on commencement with
AMSA and an annual credit of three (3) weeks for each year of AMSA service. Unused
credits will accumulate to a maximum of nine (9) weeks.
54. SURVEYORS LEAVE
54.1
Where an Employee is working as a Port Marine Surveyor or Principle Regional
Port Marine Surveyor, an additional seventy six (76) hours paid leave (accruing on a
fortnightly basis) will be approved for each completed year of service. This type of
additional leave is known as surveyors leave.
54.2
The balance of surveyors leave will not be paid out to the Employee on termination of
their employment with AMSA or on promotion to another position within AMSA that
does not include an entitlement to leave as set out in accordance with this clause.
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55. DEFENCE RESERVISTS LEAVE
55.1
AMSA’s requirements as a provider of emergency services dictate that Defence
Reservists Leave only be approved where operational circumstances permit.
55.2
An Employee may be granted leave (with or without pay) to enable the Employee to
fulfil Australian Defence Force (ADF) Reserve and Continuous Full Time Service (CFTS)
or Cadet Force obligations.
55.3
An Employee is entitled to Defence Reservists Leave with pay, for up to four (4) weeks
during each financial year for the purpose of fulfilling service in the ADF Reserve.
These purposes include training and operational duty as required.
55.4
During the Employee’s first year of ADF Reserve service, a further two (2) weeks paid
leave may be granted to facilitate participation in additional ADF Reserve training,
including induction requirements.
55.5
With the exception of the additional two (2) weeks in the first year of service, leave
can be accumulated and taken over a period of two years, to enable the Employee to
undertake training as a member of the ADF Reserves.
55.6
Defence Reservists Leave counts as service for all purposes, except for unpaid leave
to undertake Continuous Full Time Service (CFTS). Unpaid leave for the purpose of
CFTS counts for all purposes except annual leave.
55.7
Eligible employees may also apply for annual leave, long service leave, leave without
pay, top-up pay or they may use flexi-time or make up time for the purpose of fulfilling
ADF Reserve, CFTS or Cadet Force obligations.
55.8
Employees are to notify supervisors at the earliest opportunity once the dates for ADF
Reserve, CFTS or Cadet Force activities are known and/or changed.
55.9
Employees are not required to pay their tax free ADF Reserve salary to AMSA in any
circumstances.
56. RELIGIOUS/CULTURAL LEAVE
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56.1
AMSA will provide an Employee with a maximum of two (2) days paid leave per annum
for the purposes of observing a culturally significant or religious occasion. Religious/
Cultural Leave is for the sole purpose of observing holy days or to attend essential
religious or cultural duties associated with an Employee’s particular religious faith,
culture or tradition.
56.2
AMSA may request that the Employee provide reasonable evidence as to the nature of
the activity/cultural ceremony that the Employee aims to attend before granting paid
leave to the Employee for such purposes.
57. SPECIAL LEAVE
57.1
In addition, the General Manager may approve paid leave for other purposes, which
counts as service for all purposes but is not to be paid out to the Employee on
termination of their employment with AMSA.
58. CHRISTMAS CLOSEDOWN
58.1
AMSA’s offices will be closed from close of business on the last working day before
Christmas, with business resuming on the first working day after New Year’s Day.
During this period, referred to as the Christmas closedown an Employee will be eligible
to receive a total not exceeding three (3) days (22.8 hours) of additional paid leave that
will not impact an Employees Annual Leave balance. The Christmas closedown will
include the former AMSA holiday (next normal working day after Boxing Day) in the
total of the three (3) days (22.8 hours) additional paid leave available to an Employee.
58.2
Employees will be provided with time off for the working days between Christmas and
New Year’s Day and will be paid in accordance with their ordinary hours of work.
58.3
Where Employees are not required or rostered to work during this period, there will be
no deduction from Annual or Personal Leave credits for the closedown days.
58.4
Where Employees are required to work during this period, the closedown day/s worked
will be recorded as closedown days. This leave credit is not cumulative and must be
used prior to 1 December of the following year.
59. PURCHASED 48/52 LEAVE
59.1
A full-time Employee having at least twelve (12) months continuous service with AMSA
may participate in AMSA’s purchased leave scheme.
59.2
Participation will require the Employee to submit an application for purchased leave to
their Manager for approval. Applications for purchased leave will be considered having
regard to the operational requirements of AMSA.
59.3
The Employee may apply to purchase, in blocks of thirty eight (38) hours, up to one
hundred and fifty two (152) hours additional leave per year. Leave will be purchased
by a corresponding reduction in the Employee’s fortnightly pay over a twelve (12)
month period commencing on the first pay after the application to purchase leave is
approved.
59.4
An Employee will be required to take the purchased leave within twelve (12) months.
The Employee must get written approval to carry over any unused purchased leave.
59.5
Periods of purchased leave count for service and will not affect salary for
superannuation or any other purpose.
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60. PUBLIC HOLIDAYS
60.1
A full-time and part-time Employee (excluding shift workers) will be entitled to the
public holidays consistent with s.115 (a) of the Fair Work Act 2009 (Cth).
60.2
Public holidays will be observed on the day specified by the relevant government
authority for the holiday in the location of the Employee, consistent with s.115 (b) of
the Fair Work Act 2009 (Cth). Local public holidays will be observed on a day specified
according to the State, Territory or locality, as gazetted.
60.3
Where additional days are declared to apply generally in a State, Territory or locality,
those days will also be observed in accordance with this clause.
61. UNPAID LEAVE ENTITLEMENTS
61.1
An Employee is entitled to unpaid leave of absence for the purposes of:
a.
Maternity Leave;
b.
Parental Leave;
c.
Carer’s Leave;
d.
Defence Reservists Leave;
e.
Adoption Leave; and
f.
NAIDOC Leave.
62. LEAVE WITHOUT PAY
62.1
The General Manager may approve unpaid leave for purposes as they so define,
consistent with the provisions contained this Agreement.
62.2
Wherever possible, unpaid leave must be applied for by the Employee and approved
by the relevant Manager or Supervisor in advance of the absence from the workplace.
In all other cases, leave must be applied for as soon as possible.
62.3
Unless the General Manager determines otherwise, any period(s) of unpaid leave
totalling more than thirty eight (38) hours in any year will not count as service for any
purposes under this Agreement.
63. UNPAID MATERNITY LEAVE
63.1
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An Employee is entitled to unpaid Maternity Leave as if the Maternity Leave
(Commonwealth Employees) Act 1973 (Cth) applied to employment with AMSA.
64. UNPAID PARENTAL LEAVE
64.1
An Employee, will be entitled to Unpaid Parental Leave consistent with the provisions
included in the Fair Work Act 2009 (Cth).
64.2
An Employee can request an initial period of up to twelve (12) months unpaid parental
leave. Upon request from the Employee, AMSA will agree to an extension of Unpaid
Parental Leave for a further period of up to twelve (12) months.
65. UNPAID CARER’S LEAVE
65.1
65.2
An Employee is entitled to two (2) days unpaid Carer’s Leave for the following reasons:
a.
To care for a member of the Employee’s immediate family who is ill or injured or
who requires assistance; and
b.
To attend unforseen or unplanned events or emergencies to provide support to
a member of the Employee’s immediate family, including:
i.
Attending to health or other personal matters;
ii.
Accompanying an immediate family member to assist with health or other
personal matters; and
iii.
Deal with other pressing or unavoidable absences connected with the
health or well-being of a member of the Employee’s immediate family as
approved by the Employee’s General Manager.
The definition of an Employee’s “immediate family” is intended to mean the same as
the definition included in clause 47.2 that defines “immediate family” with respect to
Compassionate Leave entitlements.
66. UNPAID DEFENCE LEAVE
66.1
Unpaid Defence Leave may be approved by a General Manager.
67. UNPAID ADOPTION LEAVE
67.1
Adoption Leave is provided in accordance with Division 5, s.68 of the Fair Work Act
2009 (Cth).
68. NAIDOC LEAVE
68.1
An Employee of Aboriginal or Torres Strait Islander descent will be granted leave
without pay for ceremonial purposes connected with the death of a member of the
Employee’s family or for other ceremonial obligations under Aboriginal or Torres Strait
Islander law.
68.2
The maximum period of NAIDOC leave will be seventy six (76) hours in any period of
two (2) years.
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46
PART 9 - REDUNDANCY,
REDEPLOYMENT, REDUCTION
AND TERMINATION OF
EMPLOYMENT
69. REDUNDANCY
69.1
Where AMSA has made a decision that may lead to the termination of the Employee’s
employment on the ground of redundancy, AMSA will hold discussions with the
Employee. Redundancy may arise where:
a.
AMSA has made a decision that it no longer wishes the job being done by an
Employee to be performed by anyone and this is not due to the ordinary and
customary turnover of labour;
b.
The services of an Employee cannot be effectively used because of
technological or other changes in the work methods of AMSA, structural or
other reasons or changes in the nature, extent or organisation of AMSA’s
functions; or
c.
The duties usually performed by an Employee are to be performed at a
different locality, the Employee is not willing to perform duties at the locality
and AMSA has determined that the provisions of this clause should apply to
that Employee.
69.2
These discussions will include the consideration of measures that could be taken that
would prevent the Employee from being made redundant, the redeployment prospects
of the Employee (including relocation) and the appropriateness of using voluntary
redundancy.
69.3
For the purposes of subclause clause 69.1 and 69.2 AMSA will provide written advice
to the Employee that contains relevant information about the decision that has been
made, provided that AMSA will not be required to disclose confidential information
where the disclosure of information may be harmful to AMSA’s interests.
69.4
If, following the discussions referred to in clause 69.1 and 69.2 AMSA decides that
redundancy is necessary, AMSA may commence action to terminate the employment
of the Employee on the grounds of redundancy.
69.5
The Employee will be invited to accept an offer of voluntary redundancy. To allow the
Employee to make an informed decision as to whether to accept the invitation or not,
the Employee will be supplied with information that indicates the:
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a.
Sum of money payable to the Employee by way of severance pay, pay in lieu of
notice and paid up leave credits, including taxation treatment of any payments;
and
b.
Avenues available to the Employee to seek information concerning their
superannuation options.
69.6
On receipt of the invitation referred to in clause 69.5 the Employee has up to one (1)
month (or such other period as agreed between the Employee and AMSA) to accept
or reject the offer of voluntary redundancy. During this month, AMSA will reach
agreement with the Employee on a package of financial advice, training and other
support with a cost up to a maximum of $6000 (including fringe benefits and other
taxation). The provision of support other than training and financial advice will be at
AMSA’s discretion.
69.7
If the Employee accepts the offer of voluntary redundancy, AMSA will give the
Employee written notice of termination of employment in accordance with clause 73.1.
69.8
In accepting an offer of voluntary redundancy, an Employee will be entitled to
severance pay in respect of continuous Commonwealth service (as defined in the
Long Service Leave (Commonwealth Employees) Act 1976 (Cth)) in the amount of two
(2) weeks pay (calculated at the Employee’s annual salary plus any superannuable
Attachment E payments) for every completed year of service or part thereof, up to
a maximum of fifty three (53) weeks. This will be inclusive of any notice periods
prescribed in clause 69.7.
69.9
The Employee may elect to receive or AMSA may, at its discretion, pay the Employee
in lieu of the notice period for the whole or any unexpired portion of the notice period
referred to in clause 69.7.
69.10
The Employee may, by negotiation and agreement with AMSA, forgo any redundancy
payment if an acceptable equivalent position is provided at another place of
employment.
70. RETENTION, REDEPLOYMENT AND
INVOLUNTARY REDUNDANCY
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70.1
If the Employee rejects the offer of voluntary redundancy they cannot be offered the
option of voluntary redundancy a second time and will no longer be eligible for any
severance payment specified in clause 69.8 (with respect to this redundancy situation).
70.2
The employment of the Employee will then be scheduled to terminate at the end of the
retention period. The retention period will be calculated at the rate of two (2) weeks for
every year of continuous Commonwealth service (as defined in accordance with clause
69.8) with a minimum period of three (3) months and a maximum period of seven (7)
months. The retention period commences from the day that the Employee was invited
to accept voluntary redundancy.
70.3
During the first three (3) months of the period of retention, AMSA will take all
reasonable steps, consistent with the interests of efficient administration, to place the
excess Employee in a suitable vacancy of equal remuneration within AMSA. Where
there is insufficient productive work available in AMSA, an Employee will be approved
paid leave for the duration of the retention period. During this period of paid leave, the
Employee may be granted secondary employment approval for the purpose of trialling
other employment. Where an Employee succeeds in gaining on-going employment
with another employer during the retention period, the Employee will promptly resign
from employment with AMSA.
70.4
This clause will not apply if the Employee has less than one (1) years continuous
service with AMSA or is engaged on a Casual or Fixed-term basis and the general
obligation on AMSA in those circumstances should be no more than to give the
Employee an indication of the impending redundancy at the first reasonable
opportunity, and to take such steps as may be reasonable to facilitate the obtaining by
the Employee of suitable alternative employment.
71. RESIGNATION OR RETIREMENT
71.1
An on-going Employee may terminate their employment by giving of four (4) weeks
notice (or such lesser period as is reasonable for a Fixed-term or Casual Employee).
AMSA may waive the requirement for the Employee to give some or all of this notice.
71.2
If the Employee fails to give the period of notice or fails to serve out any part of that
period of notice, AMSA will have the right to withhold monies equal to the amount of
salary payable for the period not served.
71.3
AMSA may assign alternative duties to the Employee during any period of notice.
72. SETTLEMENT OF DEBTS
72.1
Any amount that pertains to the employment relationship owed by the Employee
to AMSA or by AMSA to the Employee will be immediately due and payable on
termination of the Employee’s employment.
72.2
A certificate from AMSA’s Chief Finance Officer (or equivalent) will be prima facie
evidence of any amount owed by the Employee to AMSA.
72.3
The Employee authorises AMSA to deduct any amount certified according to clause
72.2, from any money payable to the Employee on termination of employment.
72.4
Payment of an Employee’s final monies may be delayed if the Employee has not
returned or adequately accounted for AMSA equipment and/or property.
49
73. TERMINATION OF EMPLOYMENT
73.1
AMSA may terminate employment by giving an Employee four (4) week’s notice (or
such lesser period as is reasonable for a Fixed-term or Casual Employee) or payment
in lieu of notice. If an on-going Employee is 45 years of age or over and has been
employed by AMSA for a period of at least two (2) years and the termination of
employment is occasioned by AMSA, the Employee will be entitled to additional notice
of one (1) week.
73.2
Where an Employee is to be terminated for structural or other reasons, the Employee
will be entitled to redundancy provisions as outlined in clause 69.
73.3
If the Employee fails to serve out any part of that period of notice mentioned in clause
73.1, AMSA will have the right to withhold monies equal to the amount of salary
payable for the period not served.
73.4
AMSA may assign alternative duties to the Employee during any period of notice.
Termination or a decision to terminate employment, cannot be reviewed under the
dispute resolution procedures addressed in clause 34 of this Agreement.
73.5
Nothing in the Agreement prevents AMSA from terminating the employment of an
Employee for serious misconduct as outlined in clause 74 of this Agreement.
74. SERIOUS MISCONDUCT
74.1
Where an Employee is found to be in breach of the code of conduct, amounting to
serious misconduct on behalf of the Employee (whether as a result of inappropriate
behaviour or failure to comply with AMSA policy) a General Manager may determine
that “action” will be taken against that Employee.
74.2
“Action” may include:
a.Counselling;
50
b.
A formal written warning;
c.
Transfer to another job; or
d.
Termination of employment if the misconduct is serious enough to warrant
immediate dismissal.
74.3
An Employee may nominate a representative or support person to assist them in the
discussions that take place in AMSA’s response to allegations of misconduct against
the Employee.
74.4
Nothing in this Agreement prevents the General Manager from terminating the
employment of an Employee for serious misconduct, without further notice or payment
in lieu, in accordance with section 123(1)(b) of the Fair Work Act 2009 (Cth).
PART 10 - PRODUCTIVITY AND
RETENTION
75. SIGN-ON BONUS
75.1
A sign-on bonus will be payable to all Employees covered by this Agreement paid at
the first full pay period, after the date the Agreement comes into operation.
75.2
The sign-on bonus amounts payable to AMSA Employees are outlined in the table
below:
Employee Classification
Sign-on bonus Amount Payable at
Agreement Commencement
AMSA Level 1 – AMSA Level 4
$1,100.00
AMSA Level 5 – AMSA Level 8
$700.00
Trainee SARO, SARO and SSARO, RCC Chief
Port Marine Surveyors
76. RETENTION BONUS
76.1
A retention bonus will be paid at the first full pay period after 1 July 2015, to all
Employees employed under this Agreement, at the commencement of this Agreement
and who remain employed by AMSA as at 1 July 2015. The payment of the retention
bonus is conditional upon each Employees Annual Leave balance being less than one
hundred and fifty two (152) hours (or less than one hundred and ninety (190) hours for
Shift-Workers) as at 1 July 2015.
76.2
If an Employee meets the requirements to be paid the retention bonus as set out in
clause 76.1 above, the Employee will receive a payment of $500.00 on the first full pay
period after 1 July 2015.
77. PRODUCTIVITY OFFSETS
77.1
The parties to this Agreement are committed to the improvement of productivity,
efficiency and effectiveness at AMSA. The parties will work cooperatively to introduce
agreed measures to improve productivity, efficiency and effectiveness throughout
AMSA’s workplace.
51
77.2
AMSA aims to continuously improve its business processes (including reduction of
waste and rework and improved availability of assets). This extends to include the
measurement of business performance in the following areas:
a.
Reduction in IT equipment assigned to each Employee;
b.Revenue;
c.Quality;
d.Safety;
e.
On time delivery of agreed outputs such as tenders, reports and projects;
f.
Monitoring and measuring the consistent application of AMSA policy;
g.
Monitoring and measuring Employee engagement;
h.
Implementing outcomes from Continuous Improvement processes; and
i.
Maintaining a positive workplace relations climate through joint collaboration
on business improvement.
78. COMMITMENT TO RESOURCING
52
78.1
The parties to this Agreement agree to work together during the life of the Agreement
to maintain a high quality working environment for Employees and make efficient use
of resources.
78.2
As such, AMSA is committed to adequately resourcing the organisation so it is best
positioned to reach the productivity goals outlined in this clause and deliver on the
Agreement objectives as outlined in clause 4 of this Agreement.
ATTACHMENT A – JOB
CLASSIFICATION AND ANNUAL
SALARY
The remuneration payable to Employees under this Agreement as set out in clause 11 are
specified in Table 1, Table 2 and Table 3 below.
TABLE 1 - AMSA Level Classification Employees
2012
2013
2014
5%
2%
2%
1.1
$44,905
$45,804
$46,720
1.2
$46,253
$47,178
$48,121
1.3
$47,640
$48,593
$49,565
1.4
$49,069
$50,051
$51,052
2.1
$50,823
$51,840
$52,877
2.2
$52,348
$53,395
$54,463
2.3
$53,918
$54,997
$56,097
2.4
$55,536
$56,647
$57,780
2.5
$57,202
$58,346
$59,513
3.1
$57,892
$59,050
$60,231
3.2
$59,629
$60,821
$62,038
3.3
$61,418
$62,646
$63,899
3.4
$63,260
$64,525
$65,816
3.5
$65,158
$66,461
$67,790
4.1
$66,794
$68,130
$69,493
4.2
$68,798
$70,174
$71,577
4.3
$70,862
$72,279
$73,725
4.4
$72,988
$74,447
$75,936
4.5
$75,177
$76,681
$78,215
4.6
$77,433
$78,981
$80,561
AMSA Level
53
2012
2013
2014
5%
2%
2%
5.1
$77,723
$79,278
$80,863
5.2
$80,055
$81,656
$83,289
5.3
$82,457
$84,106
$85,788
5.4
$84,930
$86,629
$88,362
5.5
$87,478
$89,228
$91,012
5.6
$90,103
$91,905
$93,743
5.7
$92,806
$94,662
$96,555
6.1
$94,809
$96,706
$98,640
6.2
$97,654
$99,607
$101,599
6.3
$100,583
$102,595
$104,647
6.4
$103,601
$105,673
$107,786
6.5
$106,709
$108,843
$111,020
6.6
$109,910
$112,108
$114,350
6.7*
$110,571
$112,783
$115,038
7.1*
$113,889
$116,166
$118,490
7.2
$117,305
$119,651
$122,044
7.3
$120,825
$123,241
$125,706
7.4
$124,449
$126,938
$129,477
7.5
$128,183
$130,747
$133,362
7.6
$132,028
$134,669
$137,362
8.1**
$137,521
$140,271
$143,076
8.2**
$141,646
$144,479
$147,369
8.3**
$145,895
$148,813
$151,790
8.4***
$150,273
$153,278
$156,344
AMSA Level
* AMSA 6 level has been extended to accommodate former ‘Advisor’ increments (7.1 has become
6.7)
** AMSA Level 8 replaces the existing Maritime Professionals Classification Structure and the
Principle Regional Port Marine Surveyor level included in the Australian Maritime Safety Authority
Union Collective Agreement 2009-2012
8.1 = Entry Level Principal Advisor and Principle Regional Port Marine Surveyor
8.2 = 12 Months Principal Advisor
8.3 = 24 Months Principal Advisor
8.4 = Section Head
***Progression to an AMSA Level 8.4 is via direct appointment by AMSA
54
TABLE 2 – Port Marine Surveyor Classification Employees
Classification
2012
2013
2014
5%
2%
2%
Entry Level Port Marine Surveyor
$113,894
$116,171
$118,495
Port Marine Surveyor Level 1
$123,756
$126,231
$128,756
Port Marine Surveyor Level 2
$126,716
$129,250
$131,835
Port Marine Surveyor Level 3
$133,620
$136,292
$139,018
55
TABLE 3 – Rescue Coordination Centre Classification Employees
Trainee Search and Rescue Officers, Search and Rescue Officers and Senior Search
and Rescue Officers - 2012
Classification
Base Salary - 5%
36% Shift
Allowance
Total Salary*
Training (Entry)
$83,795
$0
$83,795
SARO 1
$85,457
$30,765
$116,222
SARO 2
$91,765
$33,035
$124,800
SARO 3
$94,469
$34,009
$128,477
SARO 4
$96,472
$34,730
$131,202
SSARO 5
$112,610
$40,540
$153,150
SSARO 6
$115,927
$41,734
$157,661
SSARO 7
$119,344
$42,964
$162,308
Trainee Search and Rescue Officers, Search and Rescue Officers and Senior Search
and Rescue Officers - 2013
Classification
Base Salary - 2%
36% Shift
Allowance
Total Salary**
Training (Entry)
$85,471
$0
$85,471
SARO 1
$87,167
$31,380
$118,547
SARO 2
$93,600
$33,696
$127,296
SARO 3
$96,358
$34,689
$131,047
SARO 4
$98,401
$35,424
$133,826
SSARO 5
$114,863
$41,351
$156,213
SSARO 6
$118,246
$42,569
$160,814
SSARO 7
$121,731
$43,823
$165,554
Trainee Search and Rescue Officers, Search and Rescue Officers and Senior Search
and Rescue Officers - 2014
56
Classification
Base Salary - 2%
36% Shift
Allowance
Total Salary***
Training (Entry)
$87,181
$0
$87,181
SARO 1
$88,910
$32,008
$120,917
SARO 2
$95,472
$34,370
$129,842
SARO 3
$98,285
$35,383
$133,668
SARO 4
$100,369
$36,133
$136,502
SSARO 5
$117,160
$42,178
$159,337
SSARO 6
$120,611
$43,420
$164,031
SSARO 7
$124,166
$44,700
$168,865
RCC Chiefs - 2012
Base Salary - 5%
24% Shift
Allowance
Total Salary*
Chief 1
$125,934
$30,224
$156,158
Chief 2
$129,668
$31,120
$160,788
Chief 3
$133,513
$32,043
$165,556
Base Salary - 2%
24% Shift
Allowance
Total Salary**
Chief 1
$128,453
$30,829
$159,281
Chief 2
$132,261
$31,743
$164,004
Chief 3
$136,183
$32,684
$168,867
Base Salary - 2%
24% Shift
Allowance
Total Salary***
Chief 1
$131,022
$31,445
$162,467
Chief 2
$134,906
$32,377
$167,284
Chief 3
$138,907
$33,338
$172,244
Classification
RCC Chiefs - 2013
Classification
RCC Chiefs - 2014
Classification
Key
*(Base Salary 2012 5% + 36% for SARO & SSARO or 24% for RCC Chief Shift Allowance 2012)
**(Base Salary 2013 2% + 36% for SARO & SSARO or 24% for RCC Chief Shift Allowance 2013)
***(Base Salary 2014 2% + 36% for SARO & SSARO or 24% for RCC Chief Shift Allowance 2014)
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58
ATTACHMENT B - SALARY AND
CAREER PROGRESSION – PORT
MARINE SURVEYORS
Operation and Application
1.
Principal Regional Port Marine Surveyors (PRPMS) have been integrated into the
AMSA Level Classification structure as set out in Attachment A – Table 1 of this
Agreement. PRPMS commence at AMSA Level 8.1. Employees will be appointed to
the position of PRPMS by the General Manager, Maritime Operations Division.
2.PRPMS are AMSA Employees who possess:
a.
Significant relevant industry experience; and
b.
A Marine Engineer Class 1 or Master (Unlimited) Certificates of Competency, or
c.
A relevant Degree (e.g. Naval Architect).
3.
The position previously referred to as Senior Port Marine Surveyor Level 4 has been
renamed Port Marine Surveyor Level 3 in this Agreement. The classification description
is provided within this attachment, at point 12 below.
4.
Attachment B will apply to AMSA Employees who possess minimum qualifications of
Marine Engineer Class 1 or Master (Unlimited) Certificates of Competency or relevant
equivalent Degree (e.g. Naval Architect) whose primary duties are associated with
vessel inspections and port state control, examinations, audit, investigations, training
and monitoring and enforcement of National and International Regulations.
5.
The Port Marine Surveyors classifications and remuneration progression within the
classification structure as outlined in Attachment A – Table 2 of this Agreement, are
linked to agreed professional development steps.
6.
The Parties agree that from Agreement commencement the salaries for Port Marine
Surveyor Level 1 in Attachment A – Table 2, have been aggregated to include:
a.
AMSA Classification Level 6.2; and
b.
Ships Safety Duties and Port Ship Safety Duties allowances.
7.
The remuneration set out in Attachment A – Table 2 will be used for all purposes and
unless provided for in this Agreement, payment of other work related allowances will
not apply.
8.
The agreed professional development steps will be subject to review in the event of
changes to Regulations or AMSA obligations impacting on the Port Marine Surveyor
role. The Parties to this Agreement, including representatives of the Port Marine
Surveyors, will consult and agree on any such changes and their implementation and if
necessary, in accordance with Part 5 of this Agreement.
59
Classification Descriptions
9.
Entry Level Port Marine Surveyor - -an AMSA Employee with no prior AMSA service
appointed to the position of Port Marine Surveyor.
10.
Port Marine Surveyor Level 1 – a Port Marine Surveyor who has completed
12 months satisfactory service with AMSA and who has completed the required
familiarisation and training in accordance with the AMSA surveyor training package.
11.
Port Marine Surveyor Level 2 – a Port Marine Surveyor who has completed 24
months satisfactory service with AMSA carrying out the duties of a Port Marine
Surveyor and who has completed the required training in accordance with the AMSA
surveyor training package.
12.
Port Marine Surveyor Level 3 – a Port Marine Surveyor who has either:
a.
b.
60
Completed 36 months satisfactory service with AMSA carrying out the
duties of a Port Marine Surveyor, having completed the required training in
accordance with the AMSA surveyor training package, and who undertakes
any two of the following:
i.
Appointed examiner;
ii.
Appointed ISM Auditor;
iii.
Appointed surveyor trainer;
iv.
Lead investigator in 2 investigations leading to consideration for referral
to CDPP;
v.
Casualty Coordinator training including HUET and winching training;
vi.
Completion of a significant project at request of the General Manager,
Maritime Operations Division which demonstrated an in-depth
understanding of legislation/management or the business of AMSA.
Completed 72 months service as Port Marine Surveyor, and is appointed to
Level 3 by General Manager, Maritime Operations Division. Appointment will be
based on a recommendation from their Manager, after demonstrating abilities
and capabilities expected of a Level 3 Surveyor (including relieving at a higher
level).
13.
Progression within the classification structure as set out in Attachment A – Table 2
of this Agreement, is subject to participation in AMSA’s Performance Management
Arrangements and receiving an overall rating of “meets expectations” or above.
14.
Employees will be advised in writing of their transition to the above classification
structure which will apply at Agreement commencement. In the event that a grievance
or disagreement arises regarding the appropriate allocation of an Employee to
classification level within the classification structure as set out in Attachment A –
Table 2, clause 34 of this Agreement may be relied upon to resolve the grievance or
disagreement as it arises.
15.
16.
An Employee engaged as a Port Marine Surveyor may (subject to this clause and
in accordance with relevant AMSA policy) have reasonable personal use of a motor
vehicle.
a.
Reasonable personal use of the AMSA motor vehicle will be permitted during
periods of paid leave not exceeding six (6) weeks in any year. Reasonable
personal use during periods of paid leave exceeding six (6) weeks in any year
or for periods of unpaid leave is not permitted unless specific authorisation is
granted by AMSA.
b.
AMSA will incur any expenses for registration, insurance, repairs, maintenance
and running costs (including fringe benefits tax) that arise through normal use
and fair wear and tear of, and may be payable for, the motor vehicle. The
Employee will be required to accurately maintain a motor vehicle logbook for
such periods and in such a manner as AMSA may determine.
Port Marine Surveyors total annual consolidated hours will not exceed 2145 per
annum.
Pilbara Allowance
17.
An Employee located in the Pilbara will be entitled to an allowance as listed in
Attachment E.
18.
A full-time Employee when working in the Pilbara will accrue an additional thirty eight
(38) hours of recreation leave for each completed year of service.
19.
An Employee located in the Pilbara and their partner and dependents residing with the
Employee will be entitled to a return airfare to Perth twice for each completed year of
service.
20.
In addition, Employees located in the Pilbara will be provided with a house for a
nominal annual rental amount and subsidy towards electricity, subject to the employee
entering into a tenancy agreement with AMSA.
21.
The General Manager may authorise other benefits to staff employed in remote
localities.
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62
ATTACHMENT C - SALARY
AND CAREER PROGRESSION
- ADVISORS: MARITIME
PROFESSIONALS
Operation and Application
1.
The Maritime Professionals Classification structure has been integrated into the
AMSA Level Classification structure as set out in Attachment A of this Agreement. The
Advisors classification will commence at an AMSA level 6.4. Principal Advisors will
commence at an AMSA level 8.1. Section heads will be classified at AMSA Level 8.4.
Classification Descriptions
2.
3.
4.
Advisors are AMSA Employees who possess a relevant maritime qualification including:
a.
A Marine Engineer Class 1 or Master (Unlimited) Certificates of Competency, or
b.
A relevant Degree or experience
Principal Advisors are AMSA Employees who possess:
a.
Significant relevant industry experience; and
b.
A Marine Engineer Class 1 or Master (Unlimited) Certificates of Competency, or
c.
A relevant Degree (e.g. Naval Architect).
Section Heads are Employees who possess the qualifications and experience as set
out in section 3 above and are appointed by AMSA to this classification.
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64
ATTACHMENT D - SALARY
AND CAREER PROGRESSION
– SEARCH AND RESCUE
OFFICERS
Operation and Application
1.
Employees engaged as a Search and Rescue Officer under this Agreement, will be
engaged to a level within the classification structure as set out in Table 3 – Attachment
A as either a Training SARO (Entry) Level Employee, a Search and Rescue Officer
(SARO 1 – 4), a Senior Search and Rescue Officer (SSARO 5 – 7) or as an Rescue
Coordination Centre Chief (RCC Chief 1 – 3).
Classification Descriptions
2.
TRAINING SARO (Entry) – An Employee undertaking initial training as a Search and
Rescue Officer with the National Search and Rescue School. An Employee at this
level may be paid a shift allowance during this training period when working a cyclical
roster. An Employee at this level will be required to complete a SARO Assessment
Course during on or before their first 18 months of employment with AMSA. Permanent
employment beyond this period is based upon the Employee satisfactorily completing
the requirements set out as part of the SARO training course.
3.
SARO 1 – An Employee assessed as being competent at the final SARO assessment
undertaken by the SAR school and is qualified to keep shifts under close supervision.
4.
SARO 2 – An Employee who has completed a minimum of 12 months at SARO
1 and is assessed as competent in performing the duties of SARO under minimal
supervision.
5.
SARO 3 – An Employee who has completed a minimum of 12 months at SARO 2
and is assessed as competent in an extended range of SARO duties under minimal
supervision. For the purposes of the AMSA performance management arrangements
SARO 3 is regarded as the top of the SARO classification range.
6.
SARO 4 – An Employee who has been assessed as competent at the final SMC
training assessment undertaken by the SAR school and is qualified to keep shifts as a
SMC. The Employee (roster dependent) may undertake shifts in the role of a SSARO
and will be eligible for HDA payments during these periods.
7.
SSARO 5 – An Employee who has satisfactorily met the requirements of the SSARO
role and has been appointed to a permanent SSARO position. This Employee carries
out the duties and responsibility of a SAR mission coordinator and supervises staff
with assistance from the supervising RCC Chief.
65
8.
SSARO 6 – An Employee who has completed a minimum of 12 months at SSARO 5
and is assessed as competent to fulfil the roles of SSARO with minimal supervision
and has taken a portfolio lead as per the RCC requirements. For the purposes of the
AMSA performance management arrangements SSARO 6 is regarded as the top of the
SSARO classification range.
9.
SSARO 7 – An Employee who has completed a minimum of 12 months at SSARO 6
and has been assessed as competent to fulfil the roles of SSARO and has either:
a.
Commenced duties as either an acting RCC Chief or SAR School instructor; or
b.
Successfully completed the RCC Chief Preparation Program.
10.
RCC Chief 1 – An Employee who has satisfactorily met all the requirements of the
RCC Chief role and has been appointed to a permanent RCC Chief position. This
Employee carries out the duties and responsibilities of daily RCC management and
maintains competence in the role of SSARO.
11.
RCC Chief 2 – An Employee who has completed a minimum of 12 months at RCC
Chief 1 and is assessed as competent to fulfil the roles of SSARO and RCC Chief
and performs at least one Major exercise in line with the business requirements of
Emergency Response.
12.
RCC Chief 3 – An Employee who has completed a minimum of 12 months at RCC
Chief 2 and is assessed as competent to fulfil the roles of SSARO and RCC Chief
and holds a Portfolio that is related to the administration of the Rescue Coordination
Centre. This Employee can perform the duties of Acting Manager SAR Operations on
request.
RCC Chief Preparation Program
13.
66
Once a SSARO 6 has been identified in his or her Performance Agreement that he or
she is at an appropriate level to commence RCC Chief training, the Employee should
commence the RCC Chief Preparation Program. This program is a self-paced study
program, which includes AMSA internal training as well as training that is provided on
a commercial basis. The program is ideally conducted over a period of between 12
and 18 months and is a prerequisite for an Employee moving into the classification of a
RCC Chief Level under this Agreement, as set out in Table 3 – Attachment A.
ATTACHMENT E – ADDITIONAL
PAYMENTS
Additional payment will be made to an eligible Employee under this Agreement, by way of an
allowance. Allowances will increase each year in accordance with the percentage increase
applied to an Employees base annual salary as set out in the table below.
Commencement
2%
2%
Payment
Amount
Amount
Amount
2012
2013
2014
First Aid - Rate 1
$476.70*
$486.23*
$495.96*
Yes
First Aid – Rate 2
$583.80*
$595.48*
$607.39*
Yes
First Aid – Rate 3
$716.10*
$730.42*
$745.03*
Yes
Fire Warden,
Health and Safety
Representative
and Workplace
Harassment Officer
$447.30*
$456.25*
$465.37*
Yes
Foreign Language –
Rate 1
$976.50*
$996.03*
$1,015.95*
Yes
Foreign Language –
Rate 2
$1,950.90*
$1,989.92*
$2,029.72*
Yes
On-call Allowance
$500.00 per week
$510.00 per
week
$520.20 per
week
Yes
Pilbara Allowance
$10,000*
$10,200.00*
$10,404.00*
Yes
$120.00 per night
$122.40 per night
$124.85 per
night
Yes
$120.00 per night
$122.40 per night
$124.85 per
night
Yes
Variable
Variable
Variable
Variable
Camping Allowance
Off-Shore (at-sea)
Allowance
Discretionary
Allowance
Counts For
Super?
* these amounts are annualised payments to be included as part of salary
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Additional Payments - Eligibility Criteria
First Aid
The following qualifications are required for payment of First Aid Allowance at the relevant rate:
Rate 1 – Certificate Standard A
Senior First Aid (Level 2) Certificate of St John Ambulance Australia; or
Senior First Aid Certificate of the Australian Red Cross Society; or
an equivalent qualification.
Rate 2 – Certificate Standard B
Advanced First Aid (Level 3) Certificate of St John Ambulance Australia; or
Australian Red Cross Occupational First Aid Course Certificate; or
an equivalent qualification.
Rate 3 – Certificate Standard 3
Occupational First Aid Certificate of St John Ambulance Australia; or
an equivalent qualification.
Fire Warden, Health and Safety Representative and Workplace Harassment
Officer Allowance
An Employee will be paid an annual allowance as outlined in Attachment E to be paid
fortnightly, if they have been appointed as a Fire Warden, Health and Safety Representative or
Workplace Harassment Officer. These appointments will be subject to the Employee:
a.
Being nominated and elected if required;
b.
Having completed the necessary training course specific to that role; and
c.
Agreeing to discharge those responsibilities in respect of all other Employees.
Employees may hold more than one appointment, but will only be entitled for payment for one
allowance.
A Fire Warden, Health and Safety Representative or Workplace Harassment Officer allowance
will count as salary for superannuation purposes.
Foreign Language Allowance
An Employee who possesses a level of language skills or qualifications mentioned in this
Attachment is entitled to be paid foreign language allowance at the appropriate rate set out in
Attachment E if AMSA determines there is an identifiable and continuing need to provide client
or staff services in a language other than English.
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The employee is entitled to be paid the foreign language allowance at Rate 1 if:
a.
The Employee has passed the Language Aide Test conducted by the National
Accreditation Authority for Translators and Interpreters (NAATI); or
b.
The Employee is recognised by NAATI as having a proficiency equivalent to that
mentioned in paragraph (a); or
c.
The Employee is assessed as being at a level equivalent to the level mentioned in
paragraph (a) or (b) by an individual or body approved by the CEO; or
d.
The Employee is waiting to be assessed by means of an assessment mentioned in
paragraph (c), and the Employee’s Supervisor certifies that the Employee uses the
language skills to meet operating requirements of the workplace.
The Employee is entitled to be paid the foreign language allowance at Rate 2 if:
a.
The Employee is accredited or recognised by NAATI at the Paraprofessional Interpreter
level or above; or
b.
The Employee is assessed as being at a level equivalent to that level by an individual or
body approved by the Secretary.
Discretionary Allowance
The CEO will have a general discretion to authorise allowances not otherwise provided for
under this Agreement. These allowances will be payable in such circumstances and on such
conditions as the CEO may determine.
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SIGNATURES OF PARTIES
COVERED
70
AMSA 407 (09/12)
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