Public Transport Authority Salaried Officers (APEA) Agreement 2008 Mnc 200900530 PUB017
public transport authority salaried officers (APEA) agreement 2008
AG 35 of 2009
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1. TITLE
This Agreement shall be known as the Public Transport Authority Salaried Officers (APEA) Agreement 2008.
2. ARRANGEMENT
1. Title
2. Arrangement
3. Purpose
4. Definitions
5. Application and Parties Bound
6. Relationship to the Award
7. Date and Period of Operation
8. Review of the Agreement
9. No Further Claims
10. Contract of Service
11. Annualisation of Leave Loading
12. Salaries
13. Recovery of Overpayments
14. Flexible Working Hours Arrangement
15. Annual Leave
16. Pre-purchased Leave
17. Long Service Leave
18. Salary Packaging
19. Public Service Holidays
20. Casuals
21. Traineeships
22. Training
23. Union Facilities for Workplace Delegates
24. Notification/Change of Rosters
25. Dispute Settlement Procedure
26. Leave without pay
27. Annual Increment
28. Blood/Plasma Donors Leave
29. Emergency Service Leave
30. Cultural/Ceremonial Leave
31. Deferred Salary Scheme
32. Classification
33. Consultation
34. Parental Leave
35. Partner Leave
36. Unpaid Grandparental Leave
37. Away From Home and Meals Allowance
38. Study Leave
39. Higher Duties Allowance
40. Defence Force Reserves Leave
41. Leave for International Sporting Events
42. Learning Rate
43. Integrity Check
44. Out of Hours Contact
45. Home Based Work
46. Commuted Overtime Allowance
47. Employment Dispute Resolution Act
48. Number of Employees Covered
49. Signatures of Parties
Schedule 1 – 37.5 Hour week Base Salary Rates
Schedule 2 – 40 Hour week Base Salary Rates
Appendix – Total Salary rates inclusive of annualised leave loading
Part A Total rates for 37.5 hour week including 1.3% Leave Loading
Part B Total rates for 40 hour week including 1.3% Leave Loading
Part C Total rates for 40 hour week including 1.9% Leave Loading
Part D Total rates for 37.5 hour week including 1.9% Leave Loading
Attachment 1 - Public Transport Authority Salaried Officers of Western Australia Award 2003
3. PURPOSE
The objective of this Agreement is to assist the Public Transport Authority of Western Australia achieve its corporate purpose, aim and values by providing a working environment that enables individuals and the organisation to grow, learn and achieve goals.
3.1 The Public Transport Authority's purpose is "To increase the use of public transport through the provision of customer-focussed, safe and cost effective passenger transport services".
3.2 The Public Transport Authority's aim is "To make public transport an attractive and sustainable choice for connecting people and places".
3.3 The Public Transport Authority's Values are:
a) We value and respect our customers, suppliers and each other.
b) We are committed to safety.
c) We encourage each other to reach our full potential.
d) We are honest and exhibit high levels of integrity, openness and ethical behaviour.
e) We recognise and reward achievement, initiative and innovation.
f) We strive for continuous improvement in everything we do.
g) We are environmentally responsible.
4. DEFINITIONS
For the purposes of the Agreement the following definitions shall apply:
· "Competency" means – knowledge and skills and the application of the knowledge and skill to the standards of performance required in the workplace in accordance with the Australian National Training Authority.
· "Employer" means the Public Transport Authority of Western Australia (PTA).
· "Graduate Development Program" means the PTA program that will appoint a person as a Graduate Development Officer or Graduate Engineer under the program. It is distinguished from the ability of PTA to employ graduates in Engineering outside of the Graduate Development Program.
· "Operational employee" means salaried employees appointed to positions designated as "operational' by the Chief Executive Officer consistent with stated Public Transport Authority policy.
· "Trainee" means a person actively participating in an accredited Traineeship program.
· "Traineeship" means a structured work-based learning program formally approved by the relevant Government Department consistent with National competency standards. A Traineeship shall include on and off the job training and allow for the practical application of these skills at the workplace.
· "Undergraduate" means a person recruited on a temporary basis for vacation employment to undertake specific project during University semester breaks.
· "Union" means the Association of Professional Engineers, Australia (Western Australian Branch) Organisation of Employees (APEA).
· "WAIRC" means the Western Australian Industrial Relations Commission.
5. APPLICATION AND PARTIES BOUND
5.1 This Agreement shall apply to all employees, who are members of or eligible to be members of the Union.
5.2 The agreement shall be binding on the:
· Public Transport Authority; and
· the Association of Professional Engineers, Australia (Western Australian Branch) Organisation of Employees (APEA)
6. RELATIONSHIP TO THE AWARD
This Agreement, mutatis mutandis, shall incorporate the text of the document known as the Public Transport Authority Salaried Officers of Western Australia Award 2003 (the Award) (see Attachment 1), as amended from time to time, but to the extent of any inconsistency between this Agreement and the text of the Award this Agreement shall prevail, with the following qualifications or conditions having application in any event:
a) any variation to the text of the Award which increases the wages, entitlements or conditions of employment of employees will also be incorporated into this Agreement;
b) any variation to the text of the Award which reduces or removes wages, entitlements or conditions of employment will not be incorporated into this Agreement;
c) no employee shall suffer any loss of wages, entitlements, employment conditions or other benefit as a result of variations to the text of the Award that are made as a result of a law of the Commonwealth.
7. DATE AND PERIOD OF OPERATION
7.1 This Agreement shall expire on 31 March 2011.
7.1.1 Upon expiry the agreement shall continue in force until replaced by a new collective Agreement.
8. REVIEW OF THE AGREEMENT
8.1 The parties to this Agreement agree to review the operation of this Agreement and re-open negotiation for a replacement agreement at least six months prior to the expiry date of this Agreement.
9. NO FURTHER CLAIMS
9.1 The parties to this Agreement undertake that for the duration of this Agreement there shall be no further wage increases sought or granted except where expressly provided for under the State Wage Case Principles.
10. CONTRACT OF SERVICE
10.1 Probationary Employment
10.1.1 Except for employees who have already served a probationary period within the public sector and have their appointment confirmed, a new employee's appointment to a position in the Public Transport Authority will be subject to a probationary period of six months.
10.1.2 A probationary employee will be assessed three months before the expiry of six months in order to determine their suitability for appointment.
10.1.3 However, employees appointed from the Public Sector who have at least six months' continuous satisfactory service immediately prior to their permanent appointment will not be required to serve a probationary period.
10.1.4 The decision to appoint an employee will be based on the performance assessment against requirements of the job.
10.1.5 During the probationary period, the contract of service may be terminated by 1 week's notice on either side or by the payment or forfeiture, as the case may be, of 1 week's rate of pay. However, a lesser period of notice may apply where the employer and employee mutually agree.
10.1.6 Following the expiry of the probationary period, the employer may:
(a) Confirm the appointment; or
(b) Extend the period of probation for up to six months; or
(c) Allow the probationary employment to lapse, and thereby terminating the contract of employment and the probationary employee will be given reason for non confirmation of appointment.
10.1.7 If probation is extended under 10.1.6 (b), then termination of contract under 10.1.5 will continue to apply for the further period of probationary employment.
10.2 Termination of Employment
a) Except as provided in subclause 10.1, the employee or the employer may terminate the contract of service by providing four week's written notice or by the payment or forfeiture of four weeks pay in lieu of notice as the case may be.
b) The employer and employee may mutually agree to a shorter notice period or waive the notice.
10.3 Phased Retirement
10.3.1 An employee who attains the age of 55 years may seek to phase into retirement as agreed with the employer in accordance with the Public Transport Authority's Phased Retirement Guidelines.
11. ANNUALISATION OF LEAVE LOADING
11.1 Annual leave loading for annual leave accrued under this Agreement will be annualised.
11.2 For the purpose of annualising leave loading, a value of 1.3% shall be factored into the fortnightly rates of pay, except for employees required to work over the seven day and/or 24 hours of the day who will have 1.9% applied.
11.3 The annual leave loading shall be adjusted in accordance with the rates contained within Circulars to Departments and Authorities titled "Annual Leave Loading" issued by the Department of Consumer and Employment Protection from time to time by administrative arrangements.
11.4 Employees who accumulate not less than seventeen qualifying shifts and become eligible for five weeks annual leave in accordance with clause 15.1.1 of this agreement and Clause 18 of the Public Transport Authority Salaried Officers Award of WA 2003, shall be paid leave loading during this "qualifying period" as follows:
(a) Unless the position is designated as operational under this agreement, the employee shall be paid the salary rate inclusive of 1.3% leave loading until the employee qualifies for the five weeks annual leave. After qualifying for the extra week of annual leave, the employee shall be subsequently paid a "one-off payment" representing the difference between the leave loading of 1.3% and a loading of 1.9%, based on the salary rate paid during the qualifying period,
Or
(b) When and if the position has been designated as operational in this agreement, then the employee shall be paid the salary rate based on 1.9% leave loading during the qualifying period and thereafter for as long as the employee is working in such a position.
Provided that payment of leave loading for this qualifying period will be made under either subparagraph (a) or (b), but not both.
12. SALARIES
12.1 A 4.5% salary increase plus a structural adjustment of 0.5% is payable from 1 April 2008 as set out in the salary schedules and Appendix to this Agreement.
12.2 A further 4% salary increase plus a structural adjustment of 1% is payable from 1 April 2009 as set out in the salary schedules and Appendix.
12.3 A further 4% salary increase plus a structural adjustment of 0.76% is payable from 1 April 2010 as set out in the salary schedules and Appendix.
12.4 The salary for employees required to work over the seven day and/or the 24 hours of the day for operational purposes as specified in clause 14.5 may be aggregated by agreement between the employer and employee. The aggregated amount shall encompass penalties for weekend and shift work. Where the spread of hours are extended the period shall be computed as ordinary hours and not attract penalty payments.
12.5 Employees who at the commencement of this Agreement are classified as a Customer and Security Services Officer shall be required to work an average of 40 hours per week, Sunday to Saturday inclusive.
12.6 The salary for employees who at the commencement of this Agreement are classified as a Customer and Security Services Officer shall be aggregated, encompassing penalties for weekend and shift work.
12.7 The salary rate applicable to Trainees shall be the rates provided for in the National Training Wage Award 2000 or provided for in Circulars to Departments and Authorities issued from time to time by the relevant government agency.
12.8 Undergraduate/Graduate Entry Programs:
12.8.1. The salary rate applicable to an Undergraduate shall be 85% of the ordinary salary rate applicable to a Level 2 first increment.
12.8.2. The following provisions shall apply to employees who are engaged on the PTA's Graduate Development Program as Graduate Development Officer or Graduate Engineer or employees engaged in any other graduate position.
(a) A Graduate Development Officer or Graduate Engineer under the Graduate Program or employees engaged in any other graduate position shall be appointed at the Level 2/4 increment level depending on their qualification;
(b) A Graduate Development Officer or Graduate Engineer or an employee engaged in any other graduate position who has completed an approved three-year tertiary qualification, relevant to their calling, shall commence at Level 2.1;
(c) A Graduate Development Officer or Graduate Engineer or an employee engaged in any other graduate position who has completed an approved four-year tertiary qualification, relevant to their calling, shall commence at Level 2.3;
(d) A Graduate Development Officer or Graduate Engineer or an employee engaged in any other graduate position who has completed an approved Masters or PhD degree, relevant to their calling, shall commence at Level 2.5;
(e) A Graduate Development Officer or Graduate Engineer or an employee engaged in any other graduate position who attains a higher tertiary level qualification after appointment to the graduate program or after conclusion of the program or after appointment to any other graduate position shall not be entitled to any advanced progression through the incremental range.
(f) Subject to satisfactory performance in the first year of the Graduate Program, graduates will progress to the next increment point in the Level 2/4 range as identified in Schedule 1. Progression for employees engaged in any other graduate position is also subject to satisfactory performance.
12.9 Where a Trainee or an Undergraduate is required to work such hours and /or shifts that ordinarily would attract penalty payments, the Trainee/Undergraduate shall be paid the penalty rates in accordance with the award/agreement based on the Trainee or Undergraduate rate, as the case may be.
12.10 The parties agree that the existing Public Transport Authority's classification systems or procedures including the annual increments will continue until a competency based classification structure is developed.
13. RECOVERY OF OVERPAYMENTS
13.1 Where an employee has been overpaid, the employer may adjust subsequent pay/s to recover the overpayment.