WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Western Australian Government Railways Commission and The West Australian Locomotive Engine Drivers’, Firemen’s and Cleaners’ Union of Workers. No. AG 21 of 1996. Western Australian Government Railways Commission Freight Railway System Agreement 1995. COMMISSIONER P E SCOTT. 22 March 1996. Order. HAVING heard Mr D F Johnston on behalf of the Applicant and Mr M D McPolin on behalf of the Respondent, now there- fore the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, and by consent, hereby orders— THAT the Enterprise Bargaining Agreement in the terms of the following schedule be registered with effect on and from the 18th day of February 1996. (Sgd.) P. E. SCOTT, [L.S.] Commissioner. ——— WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1113 76 W.A.I.G. Schedule. ARRANGEMENT PART 1—PRELIMINARY 1 Title 2 Application and Parties to this Agreement 3 Term of Agreement 4 Relationship with Parent Award 5 Objectives 6 Contract of Employment PART 2—EMPLOYMENT CONDITIONS Section 1—Working Conditions 7 Shift Arrangements and Hours of Duty 8 Hours of Duty—Part Time Employees 9 Payment for Travelling time 10 Payment When Booked on Duty and Not Re- quired 11 Held Away From Home Allowance 12 Minimum Time Off Duty 13 Overtime 14 Weekend and Public Holiday Penalty 15 Aggregate Overtime and Penalties 16 Suspension of Aggregate Payments 17 Stand Down Section 2—Entitlements and Allowances 18 Transfer Entitlements 19 Away From Home Allowance 20 Perth Metropolitan Area Travel Allowance 21 District Allowance Section 3—Leave Provisions 22 Annual Leave 23 Public Holidays 24 Sick Leave Section 4—Rates of Pay 25 Classifications 26 Payment of Wages PART 3—ROSTERING ARRANGEMENTS 27 Rostered Day Off 28 Request Day 29 Balancing of Shifts 30 Travelling and Working Shifts 31 On Call PART 4—TRAINING, PROMOTION AND TRANSFERS 32 Training 33 Promotion 34 Transfers PART 5—EMPLOYEE CONDUCT 35 Reserved PART 6—OPERATIONAL ARRANGEMENTS 36 Crib 37 Main Line Working 38 Two Locomotive Operator Level 4 and Above Op- eration 39 Shunting 40 Sign On/Off 41 Locomotive/Railcar Configurations 42 Operation of Locomotives and Railcars 43 Knowledge of Roads PART 7—CONSULTATIVE MECHANISMS AND RESOLUTION OF DISPUTES 44 Consultative Mechanisms 45 Resolution of Disputes 46 Number of Employees Bound SCHEDULES A—Award Clauses to Remain in Effect B—Future Issues PART 1—PRELIMINARY 1.—TITLE This Agreement will be known as the Western Australian Government Railways Commission Freight Railway System Agreement 1995. 2.—APPLICATION AND PARTIES TO THIS AGREEMENT This Agreement will be binding on the Western Australian Government Railways Commission (“the employer”), the employees of the Commission working in the areas set out in clause 25—Classifications, and The West Australian Loco- motive Engine Drivers’, Firemen’s and Cleaners’ Union of Workers. 3.—TERM OF AGREEMENT This Agreement shall operate for a period of one month com- mencing from February 18 1996. 4.—RELATIONSHIP WITH PARENT AWARD (1) This Agreement is based on the conditions and rates in the Government Railways Locomotive Enginemen’s Award 1973—1990 No 13 of 1973 (the “Award”). For the life this Agreement, this Agreement shall, for employees bound by the Agreement, replace the Award with respect to all its terms and conditions. (2) The clauses contained in Schedule A, as amended from time to time, are incorporated as terms of this Agreement. (3) This Agreement replaces the Westrail Locomotive Engineman Grades Cyclical Rostering Agreement No AG 71 of 1994. (4) The provisions of the Award will continue to apply to employees employed in the position of Permanent Cleaner. 5.—OBJECTIVES The parties recognise that Westrail as a major transporter of freight and provider of country passenger trains in Western Australia is required to operate in a deregulated market. Thus the key objectives are to ensure— (i) freight trains are crewed in the most efficient man- ner possible in order to meet competition from other land transport modes and from other rail competi- tors (ii) country passenger trains are crewed in the most effi- cient manner possible. (iii) a quality service is provided to customers which is flexible and responsive to changing circumstances with the goal of retaining and increasing our market share. In working to achieve these objectives, Westrail acknowl- edges the need to provide employees with a safe and reward- ing work environment. 6.—CONTRACT OF EMPLOYMENT (1) Employees may be employed on a full-time, part-time or casual basis. (2) Duties: Employees will— (a) carry out duties within the limits of their skill, com- petence and training, including work which is inci- dental or peripheral to their main task or function; and (b) use tools, equipment and vehicles as necessary for the performance of their duties. (3) Full-time and part-time employees—Notice: Full-time and part-time employees will be employed on a fortnightly contract of employment and either party may ter- minate this contract by giving two weeks’ notice. (4) Failure to give prescribed notice: (a) If either party fails to give the prescribed notice, wages will either be paid or forfeited, to the extent the notice given falls short of the prescribed notice. (b) Wages forfeited by the employee may be deducted from any wages due. (c) Where both parties agree to the acceptance of notice of less than that prescribed, no penalty will be im- posed. (5) Dismissal without notice: (a) The employer may dismiss an employee without no- tice for misconduct which, at law, or in contraven- tion of the employer’s rules or regulations, justifies summary dismissal. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1114 76 W.A.I.G. (b) An employee dismissed on this basis will only be entitled to be paid for work up to the time of dis- missal. (6) Probationary period: (a) New employees must complete a three month pro- bationary period following completion of their train- ing period as a trainee. (b) Their position will be confirmed at the conclusion of the probationary period subject to satisfactory performance during this period. (7) Part Time Employment: The hours of duty for part-time employees will be as ar- ranged by the employer, subject to clause 12, subclause (3) and also subject to clause 44. (8) Casual Employment: (a) Casual employees will— (i) be employed by the hour; (ii) be paid fortnightly; and (iii) receive a 15% loading in lieu of other entitle- ments. (b) Either party may terminate casual employment by one hour’s notice. (9) Employment will be subject to provisions of the Mini- mum Conditions of Employment Act 1993 together with statu- tory and employer rules, regulations and policies, as published from time to time. PART 2—EMPLOYMENT CONDITIONS SECTION 1—WORKING CONDITIONS 7.—SHIFT ARRANGEMENTS AND HOURS OF DUTY (1) Shifts are to be worked over a period of four weeks: (a) Employees will work their shifts over a cyclic pe- riod of four weeks. (b) The four week cycle may be increased or decreased at the employer’s discretion and in the event of this occurring then the number of hours and shifts will be varied in proportion to the change. (c) Ordinary shifts and additional shifts may be worked on any day of the cycle. (2) Ordinary shifts and roster cycle overtime: The total hours of ordinary shifts will be 160 hours over a four week period. Shifts and hours worked in excess of 160 hours over a four week period, not including daily overtime, will be roster cycle overtime. (3) Maximum Hours: (a) The maximum number of hours that may be rostered in a four week cycle will be 208 after which an em- ployee may decline to work any additional hours. (b) If an employee chooses to work more than 208 hours, then this may occur. (c) The 208 hours will comprise of ordinary hours, rostered overtime and unrostered overtime but does not include any daily overtime or penalty payments. (4) Maximum number of shifts: (a) The maximum number of ordinary shifts for the cy- cle will be 20 and may consist of shifts in any com- bination of those shifts specified in subclause (6). (b) An employee will, if required, work a maximum of four additional shifts. (5) Guaranteed hours: (a) The employer will guarantee each employee 160 hours work each four weeks. (b) Employees whose rostered ordinary hours are less than 160 over the four week period may, subsequent to the roster being posted and subject to paragraph 4 (a) be required to work further shifts to achieve the guaranteed hours. (c) Other than daily overtime, hours and shifts worked as required in paragraph (b) will not attract addi- tional payment except for the portion which exceeds 160 hours. (d) Employees who fail or decline to work further shifts to make up the guaranteed hours, will have the guar- anteed hours reduced by the extent of the shift which they failed, or declined, to work. (6) Maximum hours of ordinary shifts: (a) The maximum hours of an ordinary shift will be up to— (i) Two Locomotive Operator Level 4 and above operation—12 hours (ii) Locomotive Operator Level 4/5—Locomotive Operator 1/2/3—9 hours (iii) Single Locomotive Operator 4/5—Mainline— 8 hours (iv) Single Locomotive Operator 4/5—Shunting— 8 hours (v) Locomotive Operator Trainee & Levels 1/2/ 3/4/5/—Depot Work—12 hours (b) Time in excess of the rostered hours of a shift is daily overtime. (c) Daily overtime will be paid at overtime rates as prescribed in clause 13 (2) and the time, but not the penalty, will count towards satis- fying the guaranteed hours. (d) Shifts will be arranged as far as practicable not to extend more than an hour beyond the maximum ordinary hours of a shift. (e) An employee will not remain on duty for more than two hours beyond their rostered shift ex- cept in cases of emergency. (7) A minimum shift will be four hours except as provided for in clause 10. (8) Maximum Shift Lengths: (a) In cases of emergency or major equipment failure employees who are unable to complete their rostered work must be relieved from duty after a maximum period of: (i) Shifts prescribed in subparagraph 6 (a) (i) above—16 hours (ii) Shifts prescribed in subparagraph 6 (a) (ii) above—11 hours (iii) Shifts prescribed in subparagraph 6 (a) (iii) & (iv) above—10 hours (iv) Shifts prescribed in subparagraph 6 (a) (v) above—16 hours (b) An emergency is an event which is unplanned and / or not able to be predicted in advance and does not in- clude rostering errors or incorrect train scheduling. 8.—HOURS OF DUTY—PART TIME EMPLOYEES The hours of duty for part-time employees will be as ar- ranged by the employer, subject to clause 13 (3) and also sub- ject to clause 44. 9.—PAYMENT FOR TRAVELLING TIME Travelling time which forms part of an ordinary working shift will be treated as working time as will travel between depots. 10.—PAYMENT WHEN BOOKED ON DUTY AND NOT REQUIRED (1) Payment: Employees booked on duty but informed before the railcar or train leaves the originating depot or station that no other duties are required of them— (a) will be paid two hours pay at the rate applicable to that day; (b) may be called upon for further duty without any fur- ther prescribed period of rest as provided for in clause 12; and (c) the two hours will not count towards the guaranteed hours for the cycle. (2) Notification: (a) Employees booked on duty will not be entitled to any allowance when at least two hours’ notice that they are not required has been given to the employee in accordance with paragraphs (b) and (c). WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1115 76 W.A.I.G. (b) roster cycle overtime penalty payments as prescribed in clause 13 (2); (c) Saturday, Sunday and public holiday penalty pay- ments as prescribed in clause 14; will be aggregated prior to the start of the roster and paid in equal fortnightly instalments. (2) The aggregate per employee will be calculated by divid- ing the total calculated overtime and penalties for the roster cycle by the number of employees on the roster including employees on paid leave. (3) Roster cycle overtime to be included in the aggregate payment is to be determined prior to the posting of the roster. (4) Separate rosters will be prepared for Locomotive Op- erators Levels 1 to 3 and for Locomotive Operators Levels 4 and above. (5) Employees who are employed only on learning roads for a full roster cycle will not be included in the calculation prescribed in subclause (2) and the penalties incurred by the employee will not be included in the calculation provided for in subclause (1). 16.—SUSPENSION OF AGGREGATE PAYMENTS In the event of train services being wholly or partially sus- pended due to factors beyond the control of the employer, the employer may elect to suspend payment of the aggregate over- time and penalties for each day of the disruption. 17.—STAND DOWN (1) Where on any day or part of a day, the employer is un- able to provide useful work for the employee as a result of — (a) industrial action, whether or not on the part of the employee; or (b) for any cause outside of the employer’s control; the employer is entitled to stand down and not pay the em- ployee for that day or part of a day. (2) The employee may elect to have the day or part of a day paid as annual leave where there is an entitlement to such leave. (3) An employee stood down is not entitled to payment for any public holiday occurring during the period of stand down. SECTION 2—ENTITLEMENTS AND ALLOWANCES 18.—TRANSFER ENTITLEMENTS (1) (a) An employee transferred to a new home depot: (i) from a metropolitan location to a country location or the reverse; or (ii) between two country locations; and (b) which necessitates the employee changing residence will be; (i) paid for time lost from duty; and (ii) reimbursed reasonable costs determined by the em- ployer prior to the transfer. (c) This provision will not apply to transfers between the metropolitan area depots of Forrestfield, Kwinana, Claisebrook or Currambine. (2) An employee who claims to be financially disadvantaged in respect to the costs associated with the transfer and who is able to provide satisfactory documentary evidence may apply for financial assistance. Each application will be determined on its merits by the employer and the decision of the employer in regard to the payment will be final. 19.—AWAY FROM HOME ALLOWANCE (1) Employer accommodation means any building, including a van or caravan, used to supplement the building accommoda- tion, which is provided with beds, clean bedding, refrigerator, cooking utensils and kitchen facilities. Caravans may be located on the employer’s property or in a public facility. (2) Where the employer proposes using accommodation other than barracks or motel, then the employer will discuss the proposed arrangements with the union prior to the use of such accommodation. (3) An allowance of $25.00 for each 24 hours or part of 24 hours, will be paid to employees who are; (a) booked off; (b) The employer may notify employees by telephone, other electronic means or by written notice. (c) The method of notification will be as agreed by the officer in charge and the employee. 11.—HELD AWAY FROM HOME ALLOWANCE (1) An employee who is booked off duty at a depot other than the home (or temporary home) depot for more than 15 hours will have the time in excess of 15 hours paid at ordinary time rates (2) The time paid in accordance with subclause (1) will not count towards the ordinary hours prescribed in clause 7 (2) of this Agreement. 12.—MINIMUM TIME OFF DUTY (1) Minimum time: Employees will be allowed off duty— (a) at their home depot (which includes a temporary home depot) for a minimum of 12 hours, and (b) at other depots for a minimum of eight hours, except where— (c) four shifts of 12 ordinary hours or more, or where 14 shifts are worked consecutively without a single break of 24 hours or more, then the employee will not be required to attend for duty until 36 hours have elapsed since last signing off duty. (d) a shift of 16 hours as prescribed in clause 7 (8) (a) (i) is worked, then the minimum rest period at other depots will be 12 hours. The period off duty will be calculated from the actual time the employee is released from duty. (2) Minimum time off duty not provided: Employees brought on duty without the prescribed mini- mum time off— (a) will be paid for continuous duty from the time they booked on the previous shift until booking off on the shift for which they had less than the prescribed minimum time off; except where (b) the time off falls short of the prescribed time by 60 minutes or less, in which case the employee will be paid according to the following calculation: 1.7 times the ordinary rate of pay for the time between the actual minimum time off duty and the minimum time off duty prescribed. Provided that in either case, the employee will be deemed to have been booked off duty with respect to the computation of Away From Home Allowance. 13.—OVERTIME (1) Daily overtime will— (a) not be included for the purposes of calculating ros- ter cycle overtime; and (b) not count towards additional shifts referred to in clause 7 (4) (b). (2) Daily overtime and roster cycle overtime will be calcu- lated at 1.7 times the ordinary rate. (3) Part-time employees will be paid for overtime at a rate of 1.7 times the ordinary rate when the total time worked on any day exceeds the rostered hours. (4) Subject to the provisions of this Agreement, no union or employee party to this Agreement shall, in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of any overtime. 14.—WEEKEND AND PUBLIC HOLIDAY PENALTY Time worked on Saturdays, Sundays and public holidays will be subject to a penalty payment of 70% for the hours worked and will not attract any additional payment under clause 13 (2). 15.—AGGREGATE OVERTIME AND PENALTIES (1) Payment for (a) all roster cycle overtime as prescribed in clause 7 (2) (but not daily overtime); WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1116 76 W.A.I.G. (b) temporarily lodging away from their home depot; or (c) on temporary transfer; and using employer accommodation. The allowance will be calculated from the time of booking on to the time of booking off at the home depot. (4) Where employer accommodation or substitute accom- modation, which may include hotel/motel accommodation, is not provided by the employer, the employee will be entitled to an allowance as follows to cover accommodation, meals and incidental expenses— (a) For hotel/motel occupied: Per day $ Perth Suburban Area 144.85 South of 26° latitude 103.05 (b) For other than hotel/motel occupied—$50.70 per day. (c) Where an employee— (i) is required to be away from the employee’s home depot for part of a day; (ii) cannot reasonably be expected to have a meal at home or lodging prior to departure or after return; and (iii) provides certification that each meal for which allowance is claimed was actually purchased; an allowance calculated as follows, from the daily rate pro- vided in the table above, will apply— Breakfast 10% of the rate; Lunch 15% of the rate; Dinner 25% of the rate; Bed 50% of the rate. 20.—PERTH METROPOLITAN AREA TRAVEL ALLOWANCE Employees in the Perth metropolitan area required to work at metropolitan depots other than their home depot will be paid an allowance of 83 cents per kilometre for the extra dis- tance they are required to travel exceeding that from their usual place of residence to their home depot in recognition of the cost and time taken for the extra distance travelled. 21.—DISTRICT ALLOWANCE (1) A district allowance of $3.17 for each completed week will be paid to employees whose home station is Kalgoorlie, Esperance or Leonora. (a) Employees who have members of their family solely dependent upon them for support and living with them will be paid double the allowance; and (b) Employees temporarily working at those locations in excess of a week shall also receive the allowance. (2) District allowance will not be paid when an employee is absent on leave without pay for a week or more. (3) When agreed by the employer and the union, a district allowance may be paid at other locations when this is consid- ered reasonable. The amount to be paid will be determined on a location by location basis. SECTION 3—LEAVE PROVISIONS 22.—ANNUAL LEAVE (1) A period of five weeks leave on full pay will be allowed annually to an employee after a period of 12 months continu- ous service with the employer. (2) By agreement between the employer and the employee leave may be — (a) taken in one or more parts and (b) allowed to accumulate for two years. (3) Employees resuming from annual leave will work the rostered shift on the day following the completion of the leave. (4) Part-time employees: Part-time employees will be granted annual leave to the ex- tent and in the manner prescribed in subclauses (1), (2), and (3) and: (a) for employees who consistently worked a regular number of ordinary hours during the whole of their qualifying service, they will continue to be paid on that basis during their leave; (b) for employees who worked a varying number of weekly hours during their qualifying service, they will be paid on the basis of the average ordinary hours worked while employed part-time. (5) Every year prior to July 31 a roster shall be posted at each depot showing the planned dates for clearance of annual leave by employees, including those provided for in subclause (2) (a). (6) Unless at the employee’s own request, an employee shall not be booked off on annual leave at a depot other than the employee’s home station. 23.—PUBLIC HOLIDAYS (1) Employees will be paid for the ordinary hours they would have worked on a gazetted public holiday where— (a) the holiday falls on the employee’s ordinary work- ing day; and (b) the employee is not required to work on that day. (2) An employee who works on a gazetted public holiday will be paid 1.7 times the ordinary rate for time worked on that day in addition to the amount provided for in clause 14. (3) For each gazetted public holiday that falls in an employ- ee’s period of annual leave, one day will be added to the pe- riod, being an ordinary working day of eight hours. (4) An employee who (a) returns to the home depot; or (b) finishes a shift at the home depot; not later than 0400 hours on any gazetted public holiday, and is not again booked on duty for that day, will be treated as having had a paid holiday. (5) Part-time employees are entitled to gazetted public holi- days provided the holidays occur on a day which the employee normally works. 24.—SICK LEAVE (1) Employees who are genuinely sick may take up to 80 hours sick leave for each completed year of service, plus any accrued sick leave. (2) The employer may request a medical certificate for: (a) any absence due to sickness after five separate ab- sences due to sickness in any one year have been taken without a certificate; or (b) absences for sickness for two or more days. (3) Part-time employees accrue sick leave pro rata accord- ing to ordinary hours worked. (4) Employees unable to attend for duty through sickness must notify the officer in charge at least three hours before the time they are booked on for duty. (5) Paid sick leave will be debited in accordance with the rostered hours the employee would have worked had the em- ployee not been absent. (6) Payment will not be made for absences due to the em- ployee’s fault, neglect or misconduct. (7) The employer may require an employee to provide a medical certificate, or other proof as determined by the em- ployer, of the authenticity of any absence claimed to result from sickness. Proof may be required regardless of whether or not the employee claims payment for the absence. SECTION 4—RATES OF PAY 25.—CLASSIFICATIONS (1) Position Rate Per Week $ c (a) Locomotive Operator—Trainee 443.50 (b) Locomotive Operator—Level 1 480.50 (c) Locomotive Operator—Level 2 554.40 (d) Locomotive Operator—Level 3 628.30 (e) Locomotive Operator—Level 4 665.30 (f) Locomotive Operator—Level 5 739.20 (2) A suitably qualified Locomotive Operator (in accord- ance with the Locomotive Operator Training Programme) who is providing ‘on track’ tuition to another employee—except in the case of learning the road in accordance with clause 43— will be paid an allowance of a $1.00 per hour. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1117 76 W.A.I.G. (2) Rosters are to be reviewed and adjusted as necessary prior to the end of the roster cycle period, and in time for the posting of the next cycle’s roster. (3) Rosters may be altered during a roster cycle. 30.—TRAVELLING AND WORKING SHIFTS (1) (a) An employee who for part of a shift travels for the purposes of relief or temporary transfer to another depot may be required to work the balance of that shift at the other depot. (b) On arrival at the other depot the employee must be allowed sufficient time to make personal accommodation and provisioning arrangements before being required to complete the shift. (2) (a) Employees returning to their home depot following a period of relief or temporary transfer may be required to work part of the shift at the other depot or at the home depot. (b) Where the journey to the home depot is commenced fol- lowing a period of work at the other depot sufficient time must be allowed to the employee to prepare for the journey. (c) Employees required to work the remainder of the shift upon arrival at their home depot, must be allowed sufficient time to make provisioning arrangements before being required to complete the shift. 31.—ON CALL (1) Employees on call outside the ordinary hours of duty will be paid an allowance of $2.54 per hour for all time on call. (2) The allowance will not be paid during the time the em- ployee is paid working time following recall to duty. (3) Employees required to be on call will first be selected from volunteers. Where there are no volunteers then an em- ployee may be directed to be on call. (4) To be eligible for payment, the employee must be contactable and available for return to duty within one hour. An employee who is not contactable or who fails to respond will not be paid the allowance for the period the employee was required to be on call. PART 4—TRAINING, PROMOTION AND TRANSFER 32.—TRAINING (1) Training will be carried out in accordance with the Lo- comotive Operator Training Programme or other training pro- grammes required by the employer. (2) Training may be delivered externally, internally or on- the-job. (3) Employees undergoing training will be required to use training equipment which may include computers, train simu- lators or other interactive equipment as appropriate. (4) Locomotive Operators who fail to complete any stage of the Training Programme may have their services terminated. 33.—PROMOTION (1) Training, examination and assessment will be carried out in accordance with the Locomotive Operator Training Pro- gramme. (2) The services of a locomotive operator who fails to com- plete any training module in accordance with the requirements of the Locomotive Operator Training Programme may be ter- minated. (3) Promotional criteria for movement from Locomotive Operator Trainee through to Locomotive Operator Level 3 will be negotiated between the parties. (4) Promotion from Locomotive Operator Level 3 to Loco- motive Operator Level 4 will be subject to a vacancy existing. (5) Promotion from Locomotive Operator Level 4 to Loco- motive Operator Level 5 will be subject to having two years work experience at Level 4 and being assessed as competent. (6) Where a Locomotive Operator Level 3 who is qualified has been acting as a Locomotive Operator Level 4, all such acting time will count towards the time required for progres- sion to Level 5. 34.—TRANSFERS The method of selecting employees to transfer and/or pro- mote to vacant positions will be in accordance with the proce- dures agreed between the employer and the union, however, nothing in this Agreement shall prevent the parties from vary- ing those arrangements by agreement. 26.—PAYMENT OF WAGES (1) Wages will be paid fortnightly and no later than each alternate Thursday. (2) Employees’ wages will be paid into an account(s) nomi- nated by each employee, with a bank, building society or credit union. (3) Higher duties—an employee engaged for more than 30 minutes on duties carrying a higher rate than the employee’s ordinary classification, will be paid at the higher rate for such time. (4) When an employee is promoted to a position with a higher rate of pay— (a) payment at the higher rate shall commence from the first shift when the employee assumes the duties of the level to which they are appointed. (b) If the employer has not arranged for the employee to take up duty in the higher position before 28 days have elapsed from the date of appointment, then the employee will be paid at the higher rate following the expiration of the 28 days. (c) If an employee, subject to the approval of the em- ployer, chooses to defer taking up duty in the posi- tion beyond the 28 days, then paragraph (a) will apply. (5) Employees absent on— (a) annual leave; (b) long service leave; or (c) paid sick leave; will be included on the roster, and will be paid the aggregate penalties as prescribed in clause 15 for the period of absence. (6) Employees absent on leave without pay for a period of more than seven days consecutively will not be entitled to receive aggregate payments. (7) Part-time employees will be paid a proportion of the appropriate full-time rate of pay dependent upon time worked. The rate of pay will be the weekly rate of pay divided by 40 for each ordinary hour worked. PART 3—ROSTERING ARRANGEMENTS 27.—ROSTERED DAY OFF (1) Employees shall be entitled to four rostered days off each four week cycle and these will be shown on the roster when first posted. (2) A minimum of two rostered days off must be rostered consecutively with the balance being cleared either as sepa- rate days or consecutive days. (3) Nothing in this provision shall prevent an employee working on a rostered day off provided that all other available locomotive operators, whether on call or otherwise not rostered on that day have been utilised. (4) An employee may be rostered for a rostered day off within the 36 hour rest period provided for in clause 12 (1) (c). (5) An employee who works on a rostered day off shall be paid at 1.7 times the ordinary rate but such time shall not be included for the purpose of calculating overtime in excess of the ordinary hours for the roster cycle. (6) For the purpose of this agreement a ‘day’ will be defined as the period midnight to midnight. 28.—REQUEST DAY (1) An employee may request a specific day off without pay within the roster cycle in order to meet personal obligations, such as medical appointments, special family commitments and where practicable the employer will endeavour to meet such a request. (2) The request must be submitted no later than the Tuesday preceding the posting of the roster for the cycle. (3) The employer may use a rostered day off to accommo- date such a request. 29.—BALANCING OF SHIFTS (1) To the extent that it is reasonably practicable, rosters will be balanced so that all employees work a similar number of hours and shifts in the roster cycle. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1118 76 W.A.I.G. PART 5—EMPLOYEE CONDUCT 35.—RESERVED PART 6—OPERATIONAL ARRANGEMENTS 36.—CRIB (1) The running of any train will not be interrupted or de- layed for the purpose of the train crew taking a crib break, except as provided for in this clause. (2) On Single Locomotive Operator services, including shunting services, a paid crib break of 20 minutes will be taken as near as practicable between the third and fifth hour of duty. (3) Locomotive Operators engaged in Depot Work as pre- scribed in clause 7(6)(a)(v) will receive paid crib breaks of 20 minutes to be taken between the third and fifth hour for the first break, and between the seventh and ninth hour for the second break. 37.—MAIN LINE WORKING Train crews are required to work as rostered to and from any location, and this may include travelling passenger or driv- ing themselves in a motor vehicle at any time during a shift. 38.—TWO LOCOMOTIVE OPERATOR LEVEL 4 AND ABOVE OPERATION (1) Locomotive Operators working in a Two Locomotive Operator Level 4 and above configuration will work as a team— (a) The team will share equally all duties associated with the operation of the train including driving duties; (b) The Locomotive Operator who is in control of the locomotive will at all times be responsible for the control and operation of the train. The employee who is in control of the locomotive will record his/her name on the locomotive log card and train control will also be advised; (c) The Locomotive Operator not in control of the train will provide required assistance to the Locomotive Operator in control; (d) The team will be required to carry out Safe Working duties enroute; and (e) The team will undertake any other operational du- ties and tasks associated with the running of the train as required. 39.—SHUNTING Train crews will carry out any shunting required in the op- eration of the train. The shunting may be performed at sta- tions, siding or depots at any time during the shift. 40.—SIGN ON/OFF Sign on/sign off times will be determined according to the needs of each location. 41.—LOCOMOTIVE / RAILCAR CONFIGURATIONS Locomotive Operators will operate locomotives or railcars in any required configuration including, but not limited to, single or multiple locomotives or railcars as well as locotrol. 42.—OPERATION OF LOCOMOTIVES AND RAILCARS Other suitably trained employees of the employer not cov- ered by this Agreement may drive locomotives or railcars within the limits of their competence and qualifications (ex- cluding scheduled services). 43.—KNOWLEDGE OF ROADS (1) Where a Locomotive Operator is required to learn the road only, this will be achieved by a combination of: (a) being rostered as part of a normal crew with another locomotive operator who has knowledge of the roads; and/or (b) the use of simulators; and/or (c) any other agreed acceptable method. (2) Sufficient training will be provided to ensure that the locomotive operator can be certified as having knowledge of the road in question. PART 7—CONSULTATIVE MECHANISMS AND RESOLUTION OF DISPUTES 44.—CONSULTATIVE MECHANISMS (1) The employer will establish workplace consultative com- mittees at locations where more than 10 Locomotive Opera- tors are appointed. (2) The committee’s terms of reference will be to examine and consider more efficient working arrangements. (3) Issues to be considered by the committee will include, but not be limited to, safety; safe working (including signal sighting); and operational changes. (4) The committee will not be a forum for entering into or conducting negotiations on industrial relations matters. (5) Payment for time lost will be made to employee representa- tives for attendance at committee meetings, however attendance at meetings will not preclude employees from performing normal du- ties prior to or at the conclusion of the meeting. 45.—RESOLUTION OF DISPUTES In the event of any questions arising between the parties about the meaning or effect of this Agreement, including any provisions implied in the Agreement by the Minimum Condi- tions of Employment Act, the following procedure will apply: (a) The parties shall give prior notice to each other of any matter which give cause for dispute. (b) The parties will make every attempt to resolve the issue amicably and internally. (c) Seven days will be allowed to resolve any issue or dispute and every effort will be made by the parties to resolve the issue in that period. During the seven days allowed, the parties to this Agreement will not participate in, solicit or encourage any industrial action, provided that if this commitment is not met, then this clause will not apply. (d) If the matter is still not resolved, either party may refer the question or dispute to the Western Austral- ian Industrial Relations Commission. 46.—NUMBER OF EMPLOYEES BOUND It is estimated that 600 employees will be bound by this Agreement on registration. SCHEDULE A—AWARD CLAUSES TO REMAIN IN EFFECT Clause 1 Title “ 2 Arrangement “ 3 Term of Award “ 13 No Reduction “ 15 Payment of Wages and Deductions (subclauses 5 to 11 only) “ 42 Discipline “ 43 Charges Against Workers “ 46 Union Notices “ 47 Seniority Lists SCHEDULE B—FUTURE ISSUES 1 SINGLE LOCOMOTIVE OPERATOR OPERATION The parties to this agreement acknowledge it is the employ- er’s intention to introduce Single Locomotive Operator Op- erations (commonly referred to as Driver Only Operation) on selected freight services (but not including passenger serv- ices) within the Westrail network and the following issues will be taken into consideration when introducing Single Loco- motive Operator Operation. Prior to implementation infrastructure changes identified in previous crew reform documents will be addressed. The availability of suitable locomotives either new, or modi- fied where necessary, will be essential for the introduction of Single Locomotive Operator Operation freight trains. Locomotive Operators working Single Locomotive Operator Operation services will be rostered to work an 8 hour normal shift, in the case of an emergency the shift may be extended to 10 hours. An allowance of 20 minutes for a crib break will be included in all Single Locomotive Operator Operation freight train schedules with this break to be taken between the third and fifth hour. An allowance of 9% of the ordinary rate of pay paid directly to Locomotive Operators working Single Locomotive Opera- tor Operation freight services. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1119 76 W.A.I.G. powers conferred on it under the Industrial Relations Act, 1979, hereby orders: THAT the Schedule titled West Australian Newspapers Ltd (Composing Room—Redundancy and Training) In- dustrial Agreement 1996, signed by me for identification, be registered as an Enterprise Bargaining Industrial Agree- ment and shall take effect on and from the 19th day of February, 1996. (Sgd.) W.S. COLEMAN, [L.S] Chief Commissioner. Schedule. WEST AUSTRALIAN NEWSPAPERS LTD (COMPOSING ROOM—REDUNDANCY AND TRAINING) INDUSTRIAL AGREEMENT 1996 1.—TITLE This Agreement shall be referred to as the West Australian Newspapers (Composing Room—Redundancy and Training) Industrial Agreement 1996. 2.—ARRANGEMENT 1 Title 2 Arrangement 3 Parties Bound 4 Application of Agreement 5 Date and Operation of Agreement 6 Relationship to Parent Award 7 Hours of Work 8 Wages 9 Avoidance of Industrial Disputes 10 Number of Employees Bound by this Agreement Schedule 1 Redundancy and Training Provisions Attachment “A” Commitment to take Voluntary Redun- dancy Attachment “B” Draft Timetable—SCP Pagination and Composing Redundancies (January, 1996) Attachment “C” Consolidation of material discussed as part of Redundancy and Re -Training Negotiations 3.—APPLICATION OF AGREEMENT This Agreement shall apply to all employees of West Aus- tralian Newspapers Limited who are engaged in any of the occupations, industries or callings specified in the Printing (Newspaper) Award 1979. 4.—PARTIES BOUND (1) West Australian Newspapers Limited, 219 St George’s Terrace, Perth, West Australia, 6000. (2) The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, Western Australian Branch, 1111 Hay Street, West Perth, West Australia, 6001. 5.—DATE AND OPERATION OF THIS AGREEMENT This Agreement shall operate from the date of Registration in the