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Provision & Clause No. EQL Ergon Energy 1.1 Title

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Provision & Clause No. EQL Ergon Energy 1.1 Title Provision & EQL Ergon Energy clause no. This Agreement will be known as the Energy Queensland Union Collective Agreement 2015, referred to as ‘the Agreement’. 1.1 Title No Significant Change This Agreement replaces the Ergon Energy Union Collective Agreement 2011.; the Energex Union Collective Agreement 2015; and the SPARQ Solutions Union Collective Agreement 2016. The Parties to the Agreement are: 1.2 Parties No Significant Change Parties may make an application to be covered by this Agreement in accordance with the Fair Work Act 2009. This Agreement will take effect from seven days after approval of agreement xxxx and will nominally expire on the 1st March 2021. xxxxx . This Agreement will continue in force after its nominal expiry date until such time as it is replaced or terminated in accordance with the Fair Work Act 2009. 1.3 Duration No Significant Change The Parties agree to commence discussions for any replacement agreement at least six (6) months prior to the nominal expiry date of this Agreement This Agreement applies to: vocation or profession referred to in the classification structure as contained in this Agreement, or in the transmission, distribution, generation, supply or sale of electricity; and This Agreement does not apply to: 1.4 Application No Significant Change Employees of Energy Queensland who are paid a salary for the purposes of superannuation which exceeds 115% of the rate prescribed for Salary Point 16.5 (nine (9) day fortnight) contained in Schedule 1 of this Agreement;or Employees who are covered by EQL Retail Union Collective Agreement 2017.. Electricity Regulation Energy Queensland will continue to apply the provisions of Chapter 8 of the Electricity Regulation 2006 (Qld). If there is any inconsistency between the terms of this Agreement and Chapter 8 of the Electricity Regulation 2006 (Qld), then the terms of this Agreement will prevail to the extent of the inconsistency Workplace Change and Flexibility The parties recognise that change may occur during the life of this Agreement. In addition to the provisions of this clause, the parties will maintain the consultative mechanisms as outlined in this Agreement to help facilitate change. The parties will address the introduction of new working arrangements, which require the variation of conditions of employment as contained in this Agreement, by application of the following principles and process: a. The parties acknowledge that there is a business requirement to have flexibility, responsiveness and mobility of its workforce to meet customer needs and operational requirements. At times these challenges may need changes to employee working conditions. Where changes are required to 1.5 Workplace employees’ current conditions, these will be addressed in a consultative and cooperative manner with employees directly affected. Consultation will Change and occur with all directly affected employees and their nominated employee representatives. No Significant Change Flexibilities b. Where consultation has been unable to resolve the matter the following process will apply: i. The directly affected employees and their nominated representative(s) will negotiate and develop a suitable proposal; and ii. Prior to implementation of the proposal, agreement must be reached with at least 60% of the directly affected employees. iii. Any variation of conditions of employment contained in this Agreement will have no application until lodged in accordance with the Act. Where the parties agree, this process may be applied to other workplace change initiatives outlined in this Agreement that would directly affect employees in terms of conditions, entitlements and career opportunities. The consultative processes may provide an appropriate mechanism for consideration of matters relevant to this clause. Nominated employee representatives at the place of work may be involved in such discussions. The variation of conditions of employment as contained in this Agreement will have no application until varied in accordance with the requirements of the Act. In order to ensure clarity in the intent of this Agreement, a list of definitions for terms utilised in this Agreement is set out below, where they are used throughout the Agreement they will appear in italics: Act means the Fair Work Act 2009. Allowance means an amount paid to employees in addition to the employee’s rate of pay, other than an all purpose allowance. All Purpose Allowance means an allowance that is added into the employee’s base rate of pay as prescribed in Schedule 1 - Energy Queensland Energy Salary Schedule as applicable for the calculation of payments for Overtime, Personal Leave, Annual Leave, Long Service Leave, Completion of Term Payment, Superannuation and Retrenchment Payments unless otherwise stated. 1.6 Definitions No Significant Change Base Rates means the rate of pay as specified in Schedule 1 of this Agreement. Consultation means the timely exchange of relevant information and ideas in such a manner that the Parties have the actual and genuine opportunity to influence the outcome. Nominated Employee Representative means a person/agent or employee (other than a legal representative) nominated employee representative or elected by the employee/s to act on their behalf. This can include nominated employee representative union delegates. Energy Queensland means Energy Queensland Limited. 1.7 No Extra No Significant Change Claims It is agreed that during the life of this Agreement, no extra claims will be made by either party in terms of employment conditions 1.8 Objective of No Significant Change the Agreement The objectives of this Agreement are to consolidate and provide equitable conditions of employment for employees covered by this Agreement, and to ensure that consultation is maintained and enhanced in dealings between the parties. A copy of this Agreement will be exhibited in a conspicuous and convenient place in each workplace so that it can be easily read by all employees. 1.9 Displaying of Hard copies of this Agreement will be available in the workplace and electronic copies will be available through the Energy Queensland intranet. In No Significant Change this Agreement addition Energy Queensland will, within the first six (6) months of this Agreement being approved ensure that booklet style copies of this Agreement are printed and made available to all employees on request. There will be no forced retrenchments for the life of the Agreement. The agreement to have no forced retrenchments depends upon the employee accepting reasonable retraining and redeployment to suitable 1.10 Employment alternative employment within their current locality to the extent that would not require a move of residence or travel further than fifty (50) kilometre Increased emphasis on consultation around relocation Security radius of their original work location. to another location within 50km of current workplace Where suitable alternative employment is identified and would require the need for an employee to permanently relocate to another work location as per the above clause. Energy Queensland will consult with the employee prior to redeployment. Energy Queensland will give genuine consideration to matters raised about the redeployment by the employee and/or their union representative. An employee whose position is made redundant during the life of this Agreement and is redeployed into a suitable alternative position will have their salary maintained without reduction, including future Agreement increases for the tenure of their employment Where an employee is redeployed, their salary for superannuation purposes will exclude shift Allowances unless applicable to the new position with the exception of an employee on aggregated salary arrangements who will maintain their aggregated salary. 1.11 Salary Added the words "for the tenure of employment" to try Maintenance If, following notice of their position being made redundant and prior to being redeployed, an employee is successful in attaining another position to remove any confusion through a recruitment and selection process their salary will be maintained without reduction including future Agreement increases for the tenure of their employment. If, following redeployment, an employee is successful in attaining another position through a recruitment and selection process the salary, terms and conditions of their new position will apply It is the intention of the Parties to this Agreement to prevent and eliminate discrimination, as defined by the Anti-Discrimination Act 1991 as amended from time to time, which includes: or activity, trade union activity, lawful sexual activity and association with, or relation to, a person identified on the basis of any of the above attributes; Accordingly, in fulfilling their obligations under the grievance and dispute settling procedure, the Parties to this Agreement must take reasonable 1.12 Anti- steps to ensure that the provisions of this Agreement are not directly or indirectly discriminatory in their effects. No Significant Change Discrimination Under the Anti-Discrimination Act 1991 it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment. Nothing in this Clause is to be taken to affect: An employee, Energy Queensland or registered organisation, pursuing matters of discrimination, including by application to the Human Rights and Equal Opportunity Commission/Anti-Discrimination Commission Queensland General 2.1.1
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