MAIN ROADS - CSA - ENTERPRISE AGREEMENT 2015 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Commissioner of Main Roads, Main Roads Western Australia APPLICANT -v- Civil Service Association of Western Australia Incorporated RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR Commissioner S J Kenner DATE TUESDAY, 9 JUNE 2015 FILE NO/S PSAAG 3 OF 2015 CITATION NO. 2015 WAIRC 00426 Result Agreement registered Representation Applicant Ms K Carter Respondent Ms J O’Keefe Order HAVING heard Ms K Carter on behalf of the applicant and Ms J O’Keefe on behalf of the respondent and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – (1) THAT the Main Roads - CSA - Enterprise Agreement 2015 as filed in the Commission on 8 May 2015 be and is hereby registered as an industrial agreement. (2) THAT the Main Roads - CSA - Enterprise Agreement 2012 (PSAAG 5 of 2012) be and is hereby cancelled. Commissioner S J Kenner PUBLIC SERVICE ARBITRATOR SCHEDULE MAIN ROADS - CSA - ENTERPRISE AGREEMENT 2015 Industrial Agreement No. PSAAG 3 of 2015 ARRANGEMENT OF AGREEMENT PART A INTRODUCTION AND FORMAL ACCEPTANCE OF AGREEMENT 1. BACKGROUND 2. FORMAL ACCEPTANCE OF THIS AGREEMENT AND SIGNATORIES PART B PURPOSE AND OBJECTIVES 3. TITLE 4. PURPOSE 5. OBJECTIVES 6. MAIN ROADS’ ROLE AND ASPIRATION STATEMENT 7. MAIN ROADS’ VALUES 8. LEARNING AND DEVELOPMENT PART C TECHNICAL AND GENERAL 9. PARTIES TO THE AGREEMENT 10. SCOPE 11. COMMENCEMENT AND DURATION 12. NO FURTHER CLAIMS 13. VARIATION OF AGREEMENT 14. RELATIONSHIP TO AWARDS AND AGREEMENTS 15. INTERPRETATION AND DEFINITIONS 16. CONTRACT OF EMPLOYMENT Probationary Period Termination of Employment Retirement Phased Retirement Fixed Term Contract Employment Cadets Part-time Employees Casual Employee 17. TRANSFERS 18. VOLUNTARY REGRESSION PART D REMUNERATION AND CLASSIFICATION 19. SALARY RATES 20. ANNUAL INCREMENTS 21. REMUNERATION Pay Advice Recovery of Underpayments Recovery of Overpayments Payment into Nominated Account Pay and Deductions Specified Callings 22. PURCHASED LEAVE- 42/52 SALARY ARRANGEMENT 23. PURCHASED LEAVE - DEFERRED SALARY ARRANGEMENT 24. LEAVE WITHOUT PAY 25. SALARY PACKAGING ARRANGEMENT 26. PROCEDURE FOR CLASSIFYING A POSITION PART E FLEXIBLE WORK ENVIRONMENT AND LEAVE PROVISIONS Section 1: FLEXIBLE WORK ENVIRONMENT 27. HOURS OF WORK Working Hours Implementation of the 40 Hour Week Flexible Working Hours Special Work Arrangements 28. OVERTIME 29. WORKING FROM HOME 30. WORKLOAD MANAGEMENT Section 2: FLEXIBLE LEAVE PROVISIONS 31. ANNUAL LEAVE Pro Rata Additional Annual Leave for North West Employees Annual Leave Loading Annual Leave Accrual Annual Stand Down 32. EMPLOYEE INITIATED CASH OUT OF ACCRUED ANNUAL LEAVE 33. CHRISTMAS/NEW YEAR CLOSEDOWN 34. LONG SERVICE LEAVE Additional Leave Flexibilities 35. PUBLIC HOLIDAYS Days In Lieu of the Repealed Public Service Holidays 36. PERSONAL LEAVE 37. FAMILY AND DOMESTIC VIOLENCE 38. ABSENTEEISM MANAGEMENT – EVIDENCE REQUIREMENTS 39. MATERNITY LEAVE 40. ADOPTION LEAVE 41. OTHER PARENT LEAVE 42. PARTNER LEAVE 43. UNPAID GRANDPARENTAL LEAVE 44. CEREMONIAL OR CULTURAL LEAVE 45. BLOOD/PLASMA DONORS LEAVE 46. EMERGENCY SERVICE LEAVE 47. UNION FACILITIES FOR UNION REPRESENTATIVES 48. LEAVE TO ATTEND UNION BUSINESS 49. TRADE UNION TRAINING LEAVE 50. DEFENCE FORCE RESERVES LEAVE 51. WITNESS AND JURY SERVICE 52. BEREAVEMENT LEAVE 53. PROFESSIONAL DEVELOPMENT LEAVE PART F ALLOWANCES 54. HIGHER DUTIES ALLOWANCE 55. PROTECTIVE AND WORK CLOTHING 56. USING TELEPHONES FOR MAIN ROADS BUSINESS 57. DISTRICT ALLOWANCE 58. SHIFT WORK ALLOWANCE 59. MEALS AND ACCOMMODATION 60. TRAVEL 61. RELOCATION 62. SPECIAL CONDITIONS FOR REMOTE LOCATIONS (REGIONAL INITIATIVES) 63. FIRST AID ALLOWANCE 64. ROAD TRANSPORT COMPLIANCE SECTION COMMUTED SHIFT ALLOWANCE AND CONDITIONS 65. EMPLOYEES AT THE TRAFFIC OPERATIONS CENTRE PART G WORKING RELATIONS 66. JOINT CONSULTATIVE COMMITTEE 67. KEEPING OF AND ACCESS TO EMPLOYMENT RECORDS 68. INFORMATION TECHNOLOGY RESOURCES 69. REGIONAL TRAINING AND DEVELOPMENT 70. DISPUTE SETTLEMENT PROCEDURE 71. GRIEVANCE SETTLEMENT PROCEDURE 72. DISCIPLINE 73. PERFORMANCE MANAGEMENT AND SUBSTANDARD PERFORMANCE ATTACHMENTS ATTACHMENT A – SALARY RATES ATTACHMENT B - MEAL AND ACCOMMODATION ALLOWANCES ATTACHMENT C - MOTOR VEHICLE ALLOWANCE ATTACHMENT D - SUSTENANCE FOR CADETS DURING STUDY PERIODS ATTACHMENT E - TRAVEL CONCESSIONS FOR ANNUAL LEAVE ATTACHMENT F – OVERTIME ALLOWANCE ATTACHMENT G – MAIN ROADS REGIONS FOR COMMUTED OVERTIME PART A INTRODUCTION AND FORMAL ACCEPTANCE OF AGREEMENT 1. BACKGROUND The Agreement is to be presented for registration by the appropriate industrial jurisdiction as follows: Western Australian Industrial Relations Commission (Under the terms of Section 41 of the Industrial Relations Act 1979 and the Public Service Arbitrator). 2. FORMAL ACCEPTANCE OF THIS AGREEMENT AND SIGNATORIES Employers (signed) (Commissioner of Main Roads) (Date) Association (signed) (On behalf of The Civil Service Association (Date) of Western Australia Incorporated) PART B PURPOSE AND OBJECTIVES 3. TITLE This Agreement shall be known as the Main Roads – CSA - Enterprise Agreement 2015 and replaces and cancels the Main Roads – CSA – Enterprise Agreement 2012. 4. PURPOSE The purpose of this Agreement is to facilitate a working environment that encourages the fulfilment of individual and corporate goals. The Agreement seeks to ensure that we have people with the right skills and values to achieve our corporate objectives and provide leadership in a dynamic operating environment. 5. OBJECTIVES This agreement acknowledges the environment in which Main Roads employees operate, as we build a working environment that is recognised as an ‘Employer of Choice’ within our industry and build our capability by: Attracting and retaining the right people in the right place at the right time Encouraging employees to live and work in the regions Addressing our ageing workforce profile Providing a workplace that is flexible and family friendly, and supportive of our ‘family’ value Facilitating an environment that supports learning and development Empowering managers to recognise the commitment of employees Encouraging innovation Providing competitive, fair and sustainable remuneration Building relationships both within Main Roads and with the community Promoting the concept of the ‘One Main Roads’ ethos, with emphasis on alignment of employment conditions across the organisation 6. MAIN ROADS ROLE AND ASPIRATION STATEMENT The Role of Main Roads: We are one of the largest geographically spread road agencies in the world. Responsible for an area of more than 2.8 million square kilometres and managing assets valued at over $43 billion. We support the needs of all road users across the State by working closely with our Portfolio partners and Local Government in planning, building and maintaining an integrated and efficient world class road transport network. ASPIRATION STATEMENT To provide world class outcomes for the customer through a safe, reliable and sustainable road based transport system. 7. MAIN ROADS VALUES Roads Matter Taking pride in managing the road network for the benefit of the community. Embracing Challenge Anticipating and taking up challenges. Excellence in Customer Service Going to extraordinary lengths to understand and provide what is important to our customers. Working Together Striving to enhance relationships and achieve excellence. Professionalism Providing high levels of expertise and experience in delivery services. Family Respecting and supporting our customers, the community and each other. 8. LEARNING AND DEVELOPMENT Main Roads is committed to the ongoing development of the skills, knowledge and experience of its employees. Establishing a learning culture is an important part of ensuring Main Roads remains an innovative and flexible organisation. Main Roads will provide its employees with the development they need to do their jobs and will offer support for career aspirations. Learning and development may take a variety of forms, such as: On the job development, including opportunities to gain new skills through projects or the involvement in cross-functional teams (internal alliances); Undertaking regional development; Attending training courses or participation in some of our Learning & Development Programs; Establishing a mentoring relationship to learn through the experience of others; Attending conferences and professional workshops including courses and conferences that earn professional development points; Participating in secondments or exchanges; Part-time study, supported through award provisions; and Anything else that encourages development and also provide some benefit to Main Roads (including professional development opportunities). If an employee undertakes an approved training course that has the potential for accreditation towards a qualification, that employee will be encouraged to undergo the formal assessment to provide recognition for the newly acquired competencies. 8.1 Individual Performance Agreement An Individual Performance Agreement (IPA) provides the opportunity for each employee to spend some time discussing their work and development with their Manager. Based on their IPA discussions, each employee will be able to formalise a plan with their manager to undertake training, and expand their skills and knowledge in areas that contribute to their job. An IPA may also provide the opportunity for the employee to undertake some professional development. All employees covered by this Agreement will develop an IPA with their manager. Formalising an IPA is an important part of the performance management process. 8.2 Scholarship Program The Main Roads Scholarship Program is designed to build and expand the capability of employees in key areas of our business by providing sponsored opportunities for further education and learning. Generally this will involve Main Roads contributing to the financial costs associated with study as well as access to study leave. The Main Roads Scholarship Program Policy provides an overview of the program, including the process for the identification of scholarship areas, as well as the application process and guidelines for participation in the scholarship program. PART C TECHNICAL AND GENERAL 9. PARTIES TO THE AGREEMENT The parties to this Agreement are: Employer the Commissioner of Main Roads Union / Association the Civil Service Association of Western Australia Incorporated (the Union) 10. SCOPE This Enterprise Agreement shall apply to all employees working in Main Roads who are members or eligible to be members of the Union, with the exception of those covered by the Main Roads APEA Enterprise Bargaining Agreement 2015. At the date of registration the number of employees eligible to be covered by this Agreement is approximately 849. 11. COMMENCEMENT AND DURATION 11.1 This Agreement shall operate from the date of registration and shall remain in operation until 31 January 2018. 11.2 The parties agree to re-open negotiations for a replacement agreement at least six (6) months prior to the expiry of this Agreement with a view to implementing a replacement agreement, operative from 1 February 2018. 12. NO FURTHER CLAIMS The parties to this Agreement undertake that for the duration of the Agreement there shall be no further salary or wage increases sought or granted, except for those provided under the terms of this Agreement. 13. VARIATION OF AGREEMENT Unless specified otherwise in this agreement, the rates or specifications for allowances expressed in the following clauses shall be varied in accordance with movements in the same allowances in the Government Officers Salaries Allowances and Conditions Award 1989: Clause 57 – District Allowance Clause 59 – Meals and Accommodation Clause 60 – Travel Clause 61 – Relocation 14. RELATIONSHIP TO AWARDS AND AGREEMENTS 14.1 It is agreed that this Agreement displaces the Public Service and Government Officers General Agreement 2014 in respect to Main Roads as a respondent to that agreement. 14.2 This Agreement shall be read in conjunction with the existing award that applies to the parties bound to this Agreement. In the case of any inconsistencies, this Agreement shall have precedence to the extent of the inconsistencies. All parties recognise that the relevant Parent Award is the Government Officers Salaries, Allowances and Conditions Award 1989. 15. INTERPRETATION AND DEFINITIONS “Award” means the Government Officers Salaries, Allowances and Conditions Award 1989; “Base location” means the location, depot or office specified to the employee by Main Roads at the time of employment or transfer “Cadet” means an employee engaged for a cadetship under an agreement that may include a period of service in the employment after the cadetship “Casual employee” means an employee engaged by the hour “Child” and “Grandchild” shall be read as including children of multiple birth or adoption “Commissioner” means the Commissioner of Main Roads or the Deputy Commissioner appointed in accordance with Section 7 of the Main Roads Act 1930 or as amended at any time “Development means a Graduate, an Engineering Employee” Associate, a Clerical or Technical Trainee, a Cadet or a Scholarship Student undertaking a Development Employee Program “Employee” means those employees eligible to be covered by this Agreement “Employer” means the Commissioner of Main Roads Western Australia “Enterprise means this Agreement signed by Main Roads and the Agreement” Union and registered with the Western Australian Industrial Relations Commission “Fixed term means an employee who is employed on a full-time or part-time employee” basis on a contract of service for a specified duration “Line manager” means a person with day to day responsibility for the management of the employee “Metropolitan area” means the area within a radius of 50 kilometres from Perth City Railway Station “Ordinary Rate of Pay” means the rate of pay as provided for within Attachment A – Salary and “Ordinary Rate of Rates of this Agreement Salary” “Partner” means a person who is a spouse or a de facto partner “Part-time employee” means an employee engaged for permanent part-time employment “Permanent employee” means an employee employed on an ongoing basis “Scholarship Student” means a person engaged on a scholarship program under an agreement that may include a period of service in the employment of Main Roads during vacation periods and /or after the scholarship program has been successfully completed “Union” means the Civil Service Association of Western Australia (Incorporated) “Work team” means the team the employee is assigned to work with from time to time The following definitions relate specifically to clause 61.2 - Property Allowance “Agent” means a person carrying on business as an estate agent in a State or Territory of the Commonwealth, being, in a case where the law of that State or Territory provides for the registration or licensing of persons who carry on such a business, a person duly registered or licensed under that law "Dependant" in relation to an employee means: a partner; or child/children; or (c) other dependent family; who resides with the employee and who relies on the employee for support. “Expenses” In relation to an employee means all costs incurred by the employee in the following areas: legal paid to a solicitor or in lieu thereof fees charged by a settlement agent, for professional costs incurred in respect of the sale or purchase, the maximum fee to be claimed shall be as set out in the Solicitors Cost Determination for non contentious business matters made under section 275 of the Legal Profession Act 2008; disbursements duly paid to a solicitor or a settlement agent necessarily incurred in respect of the sale or purchase of the residence; real estate agent's commission in accordance with that fixed by the Real Estate and Business agents Supervisory Board, acting under Section 61 of the Real Estate and Business Agents Act, 1978, duly paid to an agent for services rendered in the course of and incidental to the sale of the property, the maximum fee to be claimed shall be fifty percent (50%) as set out under Items 1 or 2 Sales by Private Treaty or Items 1 or 2 Sales by Auction of the Maximum Remuneration Notice; stamp duty; fees paid to the Registrar of Titles or to the officer performing duties of a like nature and for the same purpose in another State of the Commonwealth; expenses relating to the execution or discharge of a first mortgage; the amount of expenses reasonably incurred by the employee in advertising the residence for private sale. “Locality” In relation to an employee means: within the metropolitan area, that area within a radius of 50 kilometres from the Perth City Railway Station; and outside the metropolitan area, that area within a radius of 50 kilometres from an employee's headquarters when they are situated outside of the metropolitan area. “Property” means a "residence" as defined in this clause, including a block of land purchased for the purpose of erecting a residence thereon to the extent that it represents a normal urban block of land for the particular locality “Residence” means including any accommodation of a kind commonly known as a flat or a home unit that is, or is intended to be, a separate tenement, including dwelling/house, and the surrounding land, exclusive of any other commercial property, as would represent a normal urban block of land for the particular locality “Settlement agent” means a person carrying on business as settlement agent in a State or Territory of the Commonwealth, being, in a case where the law of that State or Territory provides for the registration or licensing of persons who carry on such a business, a person duly registered or licensed under that law “Transfer” or means a permanent transfer or permanently transferred. “Transferred” The following definitions relate specifically to clause 62- Special Conditions for Remote Locations (Regional Initiatives) “Dependent” In relation to an employee receiving a District Allowance means: a partner; or where there is no partner, a child or any other relative of the employee, resident within the State, who relies on the employee for their main financial support; who do not receive a district or location allowance of any kind from any source. 16. CONTRACT OF EMPLOYMENT Probationary Period 16.1 New permanent employees shall be on probation for a period not exceeding six months. 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. 16.2 At any time during the period of probation Main Roads may annul the appointment and terminate the services of the employee by the giving of one week's notice or payment in lieu thereof. 16.3 Prior to the expiry of the period of probation Main Roads shall have a report completed in respect to the employee’s level of performance, efficiency, conduct and: confirm the appointment; or extend the period of probation for up to six months; or allow the probationary employment to lapse. 16.4 Where Main Roads extends the period of probationary employment the contract of employment may be terminated as set out in subclause 16.2. 16.5 Main Roads may summarily dismiss an employee deemed guilty of gross misconduct or neglect of duty and the employee shall not be entitled to any notice or payment in lieu of notice. Termination of Employment 16.6 No employee shall leave the employ of Main Roads until the expiration of one month's written notice of the employee's intention to do so, without the approval of Main Roads. An employee who fails to give the required notice shall forfeit a sum of $500.00. Such monies may be withheld from monies due on termination. 16.7 One month's written notice shall be given by Main Roads to an employee. Provided that Main Roads may pay the employee one month’s salary in lieu of the said notice. 16.8 Notwithstanding any of the other provisions contained in this clause a lesser period of notice may be negotiated between Main Roads and the employee. 16.9 Main Roads may summarily dismiss an employee deemed guilty of gross misconduct or neglect of duty and the employee shall not be entitled to any notice or payment in lieu of notice. 16.10 Main Roads will grant employees identified as surplus reasonable paid leave, inclusive of travel time, to attend; employment interviews, and career counselling of a kind approved by Main Roads, for the purpose of seeking alternative employment. Retirement 16.11 An employee, having attained the age of 55 years shall be entitled to retire from the employ of Main Roads. 16.12 Main Roads can require an employee to retire on the grounds of ill health if: he/she is unfit to perform their duties; and suitable alternative employment is not available. This will be subject to all relevant legislation and an independent medical assessment arranged and paid for by Main Roads. Phased Retirement 16.13 An employee who attains the age of 55 years may seek to phase into retirement as agreed with Main Roads in accordance with the Main Roads Policy and Guidelines. Agreement will not be withheld unreasonably. 16.14 An employee seeking to enter into phased retirement whose regular hours of duty is 40 hours per week, is entitled to reduce those hours to undertake part-time employment as a percentage of a 40 hour week. 16.15 Consultation will occur with the Union on the Policy and Guidelines. Fixed Term Contract Employment 16.16 Main Roads may employ employees on a fixed term contract in accordance with clause 8 – Contract of Service of the Award. A fixed term employee is an employee who is employed on a full-time or part-time basis on a contract of service for a specified duration. 16.17 Main Roads may only employ a person as a fixed term contract employee in the following circumstances: Covering one-off periods of relief; Work on a project with a finite life; Where a project is substantially externally funded including multiple external funding, the employer must present a business case supporting the use of fixed term contract employees in such positions to the Joint Consultative Committee. Where external funding has been consistent on an historical basis and it can be reasonably expected to continue the employer shall assess the percentage of positions for which permanent appointment can be made. Work that is seasonal in nature; Where an employee with specific skills is not readily available in the public sector is required for a finite period; or In any other situation as is agreed between the parties to this Agreement. Employees appointed for a fixed term contract shall be advised in writing of the terms of appointment and such advice shall specify the dates of commencement and termination of employment. Fixed term employment will end on the nominated finish date. Main Roads and the employee can agree to transfer any accrued and pro-rata leave and entitlements where a following fixed term appointment is agreed by Main Roads and the employee starts within seven (7) calendar days. All other conditions for a fixed term employee will be the same as for a permanent employee. Cadets 16.18 Main Roads may appoint cadets in areas where specific skills are required in Main Roads which are not readily available. Requirements for work and study periods and conditions that apply are as provided for in the Main Roads Engineering Cadets Regulations 1982. A sustenance allowance will be paid as per Attachment D. Part-time Employees 16.19 A part-time employee is an employee who is engaged in regular and continuing employment for less than an average of 37.5 hours per week. The employee shall not be required to work for a period less than three (3) hours on any single occasion. Each permanent part-time arrangement shall be confirmed by Main Roads in writing and will include the following specifications: agreed period of the arrangement; and the hours and days to be worked by the employee, include starting and finishing times, which shall hereinafter be referred to as “ordinary working hours”. Main Roads shall give an employee one (1) months notice of any proposed permanent variation to that employees’ ordinary working hours, provided that Main Roads shall not vary the employees’ total weekly hours of duty without the employee’s prior written consent, a copy of which shall be forwarded to the Union. In addition to subclause (b), whenever agreement with an employee in writing is reached for a temporary variation to an employee’s ordinary working hours, time worked during the normal business hours as set out in clause 27 – Hours of Work of this agreement is not to be regarded as over time but an extension of the contract hours and should be paid at the normal rate of pay. The overtime provisions of the Award shall apply to all time worked outside the ordinary working hours prescribed by subclause (a) unless an arrangement pursuant to subclause (b) or (c) is in place. Salary for a part-time employee will be proportionate to the time worked relative to full-time employment. A part-time employee shall be entitled to the same leave and conditions prescribed in this Agreement as for a full-time employee proportionate to the hours worked. Payment to a part-time employee proceeding on annual leave and long service leave will be calculated on a pro-rata basis having regard for any variations to the employee’s ordinary working hours during the accrual period. Employees are entitled to the public holidays prescribed in Clause 35 – Public Holidays of this Agreement without variation of the employee’s fortnight pay provided the holidays occur on a day which is normally worked. 16.20 The provisions of this clause do not prevent an employee from accessing provisions contained in clause 39 – Maternity Leave, clause 40 – Adoption Leave or clause 41 – Other Parent Leave of this agreement concerning return to work on a modified basis. 16.21 An employee may request Main Roads to permit them to work on a modified basis in their current position; or in a position equivalent in pay, conditions and status to their current position and commensurate with the employee’s skills and abilities. 16.22 An employee may seek to work on a modified basis that involves the employee working on different days or at different times or both; or on fewer days or for fewer hours or both, than the employee currently works. 16.23 Main Roads: (a) must give reasonable consideration to an employee’s request to work on a modified basis, particularly where the request relates to an employee’s caring responsibilities or phasing into retirement; (b) may only refuse an employee’s request to work on a modified basis if there are grounds to refuse relating to the adverse effect that agreeing to the request would have on the conduct of operations or business of Main Roads and those grounds would satisfy a reasonable person; and (c) has the onus for demonstrating that there are grounds to refuse the employee’s request that would satisfy a reasonable person. 16.24 Main Roads is to give the employee written notice of Main Roads’ decision on a request to work on a modified basis. If the request is refused, the notice must set out the reasons for the refusal. 16.25 Right of reversion of employees Where a full time employee is permitted to work part time for a period of no greater than twelve months, the employee has a right, upon four week’s written notice, to revert to full time hours in the position previously occupied before becoming part time or a position of equal classification as soon as deemed practicable by Main Roads, but no later than the expiry of the agreed period. Where a full time employee is permitted to work part time for period greater than twelve months, the employee may apply to revert to full time hours in the position previously occupied before becoming part time or a position of equal classification, but only as soon as is deemed practicable by Main Roads. This should not prevent the transfer of the officer to another full time position at a salary commensurable to their previous full time position. 16.26 A part-time employee shall be entitled to the same salary, leave and other conditions prescribed in the Award for full-time employees, with payment being in the proportion which the employee's weekly hours bear to the weekly hours of an employee engaged full-time in that class of work. 16.27 The provisions of subclauses 16.6-16.9 shall also apply in respect to part-time employees. Casual Employee 16.28 A casual employee is engaged on an hourly basis: (a) for a maximum of three (3) months; or (b) for not less than three (3) hours, unless otherwise agreed between the parties. 16.29 A casual employee will be entitled to the same conditions of employment as a permanent employee, except: (a) a casual employee is not entitled to payment for leave and public holidays. They will receive a 20% loading in addition to their ordinary hourly rate in lieu of these provisions; and (b) either Main Roads or the employee may terminate employment by giving one (1) day’s notice or payment of one (1) day’s pay. The hourly rate of a casual employee shall be calculated as follows: Fortnightly salary (including loading) 75 17. TRANSFERS 17.1 When considering the possibility of transferring an employee from one location to another, or from one position to another, Main Roads shall consult with the employee and give appropriate consideration to the employee’s needs and circumstances, equal opportunity issues and organisational requirements prior to making a decision. 17.2 For the purpose of this clause “location” includes Main Roads’ Metropolitan Offices and Regional Offices. A transfer can be either between or within locations. 17.3 Main Roads shall also ensure the Union is consulted about the proposed transfer. 17.4 Contract Surveillance Officers can only be relocated between regions on projects over twelve (12) months duration or transferred by agreement with the employee. 17.5 Any employee may be transferred within a location, between locations or from one position to another position, at level in accordance with Public Sector Standards. 17.6 Right of Return A guarantee exists for employees to return to their preferred place of residence after a period. The period would be typically three years but this can be negotiated where an employee’s circumstances warrant an earlier return. Approval for a return to a preferred place of residence will not be unreasonably withheld but subject to positions being available and the employee’s circumstances. 17.7 If the employee disagrees with the final decision, the employee can access the Dispute Resolution Procedures of this Agreement. 18. VOLUNTARY REGRESSION 18.1 Written requests for voluntary regression from employees may be approved by the Commissioner of Main Roads. 18.2 Before approval is given the Commissioner of Main Roads must be provided with documentation by the employee to ensure that the employee has received adequate counselling regarding the request. 18.3 The salary rate upon regression is to be the maximum salary paid in respect to the level to which the employee regresses. PART D REMUNERATION AND CLASSIFICATION 19. SALARY RATES 19.1 The annual salaries provided for by this Agreement shall be those contained in Attachment A of this Agreement. 19.2 An employee who is employed by Main Roads on the date of registration of this Agreement will, on registration of the Agreement, receive a payment equivalent to the 2.75% additional salary that would have been paid had the salaries in Attachment A been paid from the first pay period commencing on or after 1 February 2015. 19.3 An employee who resigns or retires or whose employment is otherwise terminated prior to the registration of this Agreement is not entitled to the payment provided in clause 19.2. 19.4 The second salary increase of 2.5% shall operate on and from 1 February 2016. 19.5 The third salary increase of 2.5% shall operate on and from 1 February 2017. 19.6 The annual salaries provided in Attachment A – Salary Rates of this Agreement are in full and final settlement of productivity improvements up to the date of commencement of the Main Roads – CSA - Enterprise Agreement 2012. 19.7 An employee’s fortnightly salary shall be: (a) determined according to the annual salaries contained in Attachment A; (b) calculated to four decimal points; and (c) rounded to the nearest one cent. 20. ANNUAL INCREMENTS 20.1 Employees shall proceed to the next salary increment after 12 months continuous service to the maximum of their salary range by annual increments unless there is an adverse report on the employee’s performance or conduct which recommends the non-payment of the annual increment. 20.2 The following process shall apply where a report on an employee’s performance or conduct recommends the non-payment of an annual increment: (a) The employee will be shown the report prior to completing 12 months continuous service since their last incremental advance. (b) The employee will be provided with an opportunity to comment in writing. (c) The employee’s comments will be considered immediately by Main Roads and a decision made as to whether to approve the payment of the increment or withhold payment for a specific period. (d) Where the increment is withheld, Main Roads before the expiry of the specified period will complete a further report and the provisions of paragraph (b) and (c) of this subclause will apply. 20.3 The non-payment of an increment will not change the normal anniversary date of any further increment payments. 20.4 For the purposes of this clause "continuous service", except where an increment is payable according to age, shall not include: (a) any period exceeding 14 calendar days during which an employee is absent on leave without pay. In the case of leave without pay which exceeds 14 calendar days the entire period of such leave without pay is excised in full; (b) any period which exceeds six months in one continuous period during which an employee is absent on workers' compensation. Provided that only that portion of such continuous absence which exceeds six months shall not count as "continuous service"; (c) any period which exceeds three months in one continuous period during which an employee is absent on personal leave without pay. Provided that only that portion of such continuous absence which exceeds three months shall not count as "continuous service". 21. REMUNERATION Pay Advice 21.1 Employees may be notified of their pay details via written or electronic means. Recovery of Underpayments 21.2 Where an employee is underpaid in any manner: the employer will, once the employer is aware of the underpayment, rectify the error as soon as practicable; where possible the underpayment shall be rectified no later than in the pay period immediately following the date on which the employer is aware that an underpayment has occurred; and where an employee can demonstrate that an underpayment has created serious financial hardship, the employee shall be paid by way of a special payment as soon as practicable. 21.3 An employer shall compensate an employee for costs resulting directly from an underpayment, where it is proven that the costs resulted directly from the underpayment. This includes compensation for overdraft fees, dishonoured cheque costs, and dishonour fees related to routine deductions from a bank account into which an employee’s salary is paid. 21.4 Nothing in this clause shall be taken as precluding the employee’s legal right to pursue recovery of underpayments. Recovery of Overpayments 21.5 The employer has an obligation under the Financial Management Act 2006 to account for public monies. This requires the employer to recover overpayments made to an employee. 21.6 Any overpayment will be repaid to the employer within a reasonable period of time. 21.7 Where an overpayment is identified and proven, the employer will provide the employee with the written details of the overpayment and notify the employee of their intent to recover the overpayment. 21.8 Where the employee accepts that there has been an overpayment, arrangements for the recovery of the overpayment will be negotiated between the employer and employee. 21.9 If agreement on a repayment schedule cannot be reached within a reasonable period of time, the employer may deduct the amount of the overpayment over the same period of time that the overpayment occurred provided: (a) the employer may not deduct or require an employee to repay an amount exceeding 5% of the employee’s net pay in any one pay period without the employee’s agreement; where necessary, an employer may deduct money over a period of time greater than the period of time over which the overpayment occurred. 21.10 If the employee disputes the existence of an overpayment and the matter is not resolved within a reasonable period of time, the matter should be dealt with in accordance with Clause 67 - Dispute Settlement Procedure. No deductions relating to the overpayment shall be made from the employee’s pay while the matter is being dealt with in accordance with the Dispute Settlement Procedure. 21.11 Nothing in this clause shall be taken as precluding the employer’s legal right to pursue recovery of overpayments. 21.12 Where an employer alters the pay cycle or pay day, any consequential variations to an employee’s fortnightly salary and/or payments to compensate shall not be considered an overpayment for the purposes of this clause. Payment into Nominated Account 21.13 All pay and allowances, via Payroll and Accounts Payable will be paid via Electronic Funds Transfer (EFT) into an account nominated by the employee. The account must be at a bank, building society or credit union approved by the Under Treasurer of the Western Australian State Government or an Accountable Officer. When an employee ceases work the final payment will be paid into the nominated account within two (2) working days of the employee’s last day of work. Pay and Deductions 21.14 (a) The annual pay applicable to an employee under this Agreement is shown in Attachment A. (b) The fortnightly and hourly rates are determined according to the formulae: Fortnightly rate = Annual Rate x 12 313 1 Hourly rate = Fortnightly rate 75 An employee may request regular deductions be made from their pay. This will be subject to authorisation in writing by the employee and subject to Main Roads’ agreement. Specified Callings 21.15 (a) The provisions of Clause 12 - ‘Salaries - Specified Callings’ of the Award apply to this Agreement and employees covered by this Agreement. (b) Employees eligible for specified callings rates of pay shall receive the salaries detailed in Attachment A – ‘Specified Callings Salary Rates’ of this Agreement. (c) The parties agree to give effect to the outcomes of PSAC 8 of 2012. 22. PURCHASED LEAVE- 42/52 SALARY ARRANGEMENT 22.1 The provisions of this clause replace clause 13 – Purchased Leave - 44/52 Salary Arrangement of the Award. 22.2 Main Roads and an employee may agree to enter into an arrangement whereby the employee can purchase up to ten (10) weeks additional leave. 22.3 Main Roads will assess each application for a 42/52 salary arrangement on its merits and give consideration to the personal circumstances of the employee seeking the arrangement. 22.4 Where an employee is applying for purchased leave of between five (5) and ten (10) weeks Main Roads will give priority access to those employees with carer responsibilities. 22.5 In order to access approved purchased leave, an employee must: satisfy Main Roads’ accrued leave management policy; and (b) take one week annual leave if purchasing nine weeks’ leave; or (c) take two weeks annual leave if purchasing ten weeks’ leave. 22.6 Notwithstanding clause 22.5 (b) and (c), Main Roads may allow an employee to access purchased leave before they have accessed one or two week’s annual leave, whichever applies, where the employee requests it. Any such request may only be refused by Main Roads if there are reasonable grounds to do so. 22.7 The provisions of clause 22.5 (b) and (c), do not apply to an employee who purchases less than nine weeks leave. 22.8 The employee can agree to take a reduced salary spread over the 52 weeks of the year and receive the following amounts of purchased leave: Number of Weeks’ Salary Spread Over 52 Weeks Number of Weeks’ Purchased Leave 42 weeks 10 weeks 43 weeks 9 weeks 44 weeks 8 weeks 45 weeks 7 weeks 46 weeks 6 weeks 47 weeks 5 weeks 48 weeks 4 weeks 49 weeks 3 weeks 50 weeks 2 weeks 51 weeks 1 week 22.9 The purchased leave will not be able to be accrued. The employee is to be entitled to pay in lieu of the purchased leave not taken. In the event that the employee is unable to take such purchased leave, his/her salary will be adjusted in the last pay period in February to take account of the fact that time worked during the year was not included in their salary. 22.10 Untaken purchased leave will be paid out at the rate at which it was purchased. 22.11 (a) Where an employee who is in receipt of an allowance provided for in clause 54 - Higher Duties Allowance of this Agreement proceeds on any period of purchased leave the employee shall not be entitled to receive payment of the allowance for any period of purchased leave. (b) Other than when an employee is on a period of purchased leave, the higher duties allowance component of an employee’s salary shall not be affected by an agreement to reduce the employee’s salary for purchased leave purposes. 22.12 Overtime is paid at the ordinary rate of salary and not the reduced rate. This will also apply where overtime is referred to as a percentage of salary. 22.13 In the event that a part-time employee’s ordinary working hours are varied during the year, the salary paid for such leave taken will be adjusted on the last pay in February to take into account any variations to the employee’s ordinary working hours during the previous year. 23. PURCHASED LEAVE - DEFERRED SALARY ARRANGEMENT With the written agreement of Main Roads, an employee may elect to receive, over a four-year period, 80% of the salary they would otherwise be entitled to receive in accordance with this Agreement. Main Roads will assess each application for deferred salary on its merits and give consideration to the personal circumstances of the employee seeking the leave. On completion of the fourth year, an employee will be entitled to 12 months’ leave and will receive an amount equal to 80% of the salary they were otherwise entitled to in the fourth year of deferment. Where an employee completes four (4) years of deferred salary service and is not required to attend duty in the following year, the period of non-attendance shall not constitute a break in service and shall count as service on a pro-rata basis for all purposes. An employee may withdraw from this arrangement prior to completing a four-year period by written notice. The employee will receive a lump sum payment of salary forgone to that time but will not be entitled to equivalent absence from duty. Main Roads will ensure that superannuation arrangements and taxation effects are fully explained to the employee by the relevant Authority. Main Roads will put any necessary arrangements into place. Overtime is paid at the ordinary rate of salary and not the reduced rate. This will apply where overtime is referred to as a percentage of salary Variation of the Arrangements As an alternative to subclause 23.5, and only by mutual agreement of Main Roads and the employee, the provisions of the deferred arrangement may be varied subject to the following: (a) the term of the arrangement will not extend beyond that contemplated by this clause, (b) the variation will not result in any consequential monetary or related gain or loss to either Main Roads or the employee, and (c) the percentage of salary to apply during the 12 months leave as specified in subclause 3 of this clause will be calculated as 80% of the average ordinary prescribed hours worked over the previous four years. 24. LEAVE WITHOUT PAY Subject to the provisions of subclauses (2) and (3) of this clause, the employer may grant an employee leave without pay for any period and is responsible for that employee on their return. Subject to the provisions of subclause (3) every application for leave without pay will be considered on its merits and may be granted provided that the following conditions are met: (a) The work of the department is not inconvenienced; and (b) All other leave credits of the employee are exhausted. An employee shall, upon request be entitled to two days unpaid personal (caring) leave. An employee on a fixed term contract may not be granted leave without pay for any period beyond that employee’s approved period of engagement. Any period that exceeds two weeks during which an employee is on leave of absence without pay shall not, for any purpose, be regarded as part of the period of service of that employee. For the effect of leave without pay on: Increments: see clause 20.4(a); Annual leave: see clause 31.16; Long service leave: see clause 34.4; Personal leave: see clause 36.16. 25. SALARY PACKAGING ARRANGEMENT An employee may, by agreement with Main Roads, enter into a salary packaging arrangement in accordance with this clause and Australian Taxation Office requirements. Salary packaging is an arrangement whereby the entitlements and benefits under this Agreement, contributing toward the Total Employment Cost (TEC), (as defined in subclause 25.3) of an employee, can be reduced by and substituted with another or other benefits. The TEC for salary packaging purposes is calculated by adding the following entitlements and benefits: (a) the base salary; (b) other cash allowances; (c) non cash benefits; (d) any Fringe Benefit Tax liabilities currently paid; and (e) any variable components. Where an employee enters into a salary packaging arrangement the employee will be required to enter into a separate written agreement with Main Roads setting out the terms and conditions of the salary packaging arrangement. Notwithstanding any salary packaging arrangement, the salary rate as specified in this Agreement, is the basis for calculating salary related entitlements specified in the Agreement. Compulsory Employer Superannuation Guarantee contributions are to be calculated in accordance with applicable federal and state legislation. Compulsory employer contributions made to superannuation schemes established under the State Superannuation Act 2001 are calculated on the gross (pre packaged) salary amount regardless of whether an employee participates in a salary packaging arrangement with Main Roads. A salary packaging arrangement cannot increase the costs to Main Roads of employing an individual. A salary packaging arrangement is to provide that the amount of any taxes, penalties or other costs for which Main Roads or employee is or may become liable for and are related to the salary packaging arrangement, shall be borne in full by the employee. In the event of any increase in taxes, penalties or costs relating to a salary packaging arrangement, the employee may vary or cancel that salary packaging arrangement. Salaries as prescribed by Attachment A of this Agreement are to be applied for the purposes of subclause 25.3, regarding Total Employment Cost (TEC), and subclause 25.6, regarding Compulsory Employer Superannuation Guarantee contributions, of this clause. 26. PROCEDURE FOR CLASSIFYING A POSITION During the life of this Agreement the parties will review the classification processes and procedures that will be applied. PART E FLEXIBLE WORK ENVIRONMENT AND LEAVE PROVISIONS Section 1: FLEXIBLE WORK ENVIRONMENT 27. HOURS OF WORK Working Hours 27.1 The ordinary hours of work shall be either an average of thirty seven hours and 30 minutes (37.5) or forty hours (40) per week Monday to Friday, as agreed with the employee. Ordinary hours of work are between the hours of 6:00 am and 6:30 pm, up to a maximum of 12 hours per day in accordance with operational requirements as determined by the manager. 27.2 Special work arrangements can be agreed to meet particular work requirements as specified in the subclause 27.14 - Special Work Arrangements. 27.3 Starting and finishing times will be flexible and responsive to customer needs and other operational requirements as determined by the manager in consultation with the employee. 27.4 Notwithstanding the provisions of clause 27.3, an employee will be required to take an unpaid meal break between the hours of 11.00 am and 3.00 pm of not less than 30 minutes. Where an employee proposes a meal break exceeding an hour, the relevant manager should be advised by the employee and the manager should ensure it does not impact negatively upon operational requirements. 27.5 An employee shall not be required to work more than five (5) hours continuously without a break. However, in the event of an emergency or unforeseen circumstances, Main Roads may defer the taking of a meal break. 27.6 Part time employees can be excluded from the provisions of clause 27.4 if they work no more than five (5) hours on that day. Implementation of the 40 Hour Week 27.7 In accordance with the Main Roads 40 hour week Implementation Guidelines the following should apply: (a) Additional hours will be paid at ordinary time rates. (b) Any clause in this Agreement relating to hours of work (for example overtime or leave) will be adjusted to reflect the 40 hour option (for example 7.5 hours is to be read as 8 hours.) (c) The working hours arrangement (37.5 or 40 hours) shall remain in place for twelve months at which time the employee may request to change to the other arrangement, provided that in changed circumstances an employee may request to alter the working hours arrangement within the twelve month period. Main Roads will consider such requests and will not unreasonably withhold approval. Flexible Working Hours 27.8 Main Roads may limit access to and the operation of flexible working arrangements to ensure operational needs and customer service requirements of the agency are met. Main Roads shall not unreasonably limit access to flexible working arrangements. 27.8 When Main Roads wishes to vary the flexible working arrangement to be observed it shall be required to give one (1) months notice in writing to the agency, branch, section or employees to be affected by the change. 27.9 Flexible working arrangements are available to part-time, full-time and fixed term contract employees. 27.10 Flexible working hours can be utilised where it is not necessary for all work team members to commence and complete work at the same time. The working of flexible working hours is to be implemented by agreement between the employee and Main Roads. 27.11 Employees will work an average of 150 hours per four (4) week period. Employees may accrue flex leave up to a maximum of 56 credit hours and a maximum of fifteen (15) debit hours. The maximum hours can be taken up to the maximum hours at any one time. 27.12 On termination, resignation or transfer to another agency unused credit or banked hours will not be paid out and will be lost. However, Main Roads will provide the opportunity for credit and banked hours to be cleared. 27.13 The alternative to flexible working hours is standard hours of thirty seven hours and 30 minutes (37.5) which are to be worked: Monday - Friday 8.30am to 4.30pm Lunch break a minimum of 30 minutes to be taken between 12.00 noon and 2.00pm Special Work Arrangements 27.14 Special work arrangements may be agreed to in the form of work cycles or other arrangements. The following is the format for special work arrangements: either Main Roads or the employee may request special work arrangements; the full particulars must be explained to all employees affected by the agreement in order to work the special work arrangement; if the special work arrangement is agreed to, the arrangement is to be documented as an agreement and Main Roads and all affected employees must sign the agreement; the agreement must then be forwarded to the Union for ratification before commencement unless an emergency situation arises; the Union shall not unreasonably withhold agreement; maximum number of continuous working days is 12 subject to the agreement of employees; the maximum weekly hours for contract superintendent staff and staff of Principal’s representative shall be set in accordance with a risk assessment as laid down in the Code of Practice: Working Hours 2006 produced by the Commission for Occupational Safety and Health. Employees placed into alliance projects are not to be disadvantaged as a result of special working hours arrangements. Other Flexibility Arrangements 27.15 Either the employee or Main Roads may request to enter into a flexibility arrangement that allows the employee to work their ordinary hours outside the span of hours as listed in clause 27.1. 27.16 Such arrangements are intended to cover ad hoc situations only and do not replace the Flexible Working Hours provisions. 27.17 A request to enter into a flexibility arrangement under this provision may only be initiated by an employee or Main Roads on the following basis: the role, task or project requires minimal supervision; and agreement to the flexible working arrangements by the employee’s manager/ supervisor to be conditional on such arrangement meeting operational requirements; and the flexible working arrangement meets the genuine needs of Main Roads and the employee. 27.18 The employee can refuse to enter into a flexibility arrangement. 27.19 If a request to enter into a flexibility arrangement is initiated by Main Roads, an employee will not be compelled to work ordinary hours where overtime in accordance with clause 29 – Overtime of this Agreement applies. 27.20 Main Roads must ensure that the flexibility arrangement: is in writing; and includes details of the day/s and/or times that ordinary hours will be worked; and has both the names and signatures of the authorising manager/supervisor and employee. 27.21 The employee or authorising manager/supervisor should liaise with the Employee Relations Branch prior to considering, or entering into, a flexibility arrangement. 27.22 If there is disagreement in relation to the introduction of a flexible work arrangement, the parties can access clause 71 - Grievance Settlement Procedure of this Agreement. 28. OVERTIME ALLOWANCE Overtime 28.1 (a) Where employees are directed by their line manager to work more than 7.5 hours in any one (1) day, overtime applies for employees working a 37.5 hour week. Where employees work a 40 hour week it will be 8 hours. The parties acknowledge that the flexible working arrangement provides for the working of hours in excess of 7.5 hours per day as normal hours if Main Roads and employee agree. For the purpose of this clause, where an employee receives at least one (1) day's prior notice to work overtime, the ordinary hours of duty on the day that overtime is performed shall be 7.5 hours on a 37.5 hour week and 8 hours for employees on a 40 hour week. Where an employee is required to work overtime at the conclusion of a day with less than one (1) days notice, and where the employee has at the commencement of that day two (2) hours or more flexi leave credits, the employee shall be paid overtime after five (5) hours work on that day, or for time worked after 3.30 pm, whichever is the later, or where that employee has commenced duty prior to 8.30 am and has, at the commencement of that day, less than two (2) hours flexi leave credits, the employee shall be paid overtime, for time worked after the completion of 7.5 hours on that day for a 37.5 hour week and 8 hours for employees on a 40 hour week, or where that employee has commenced work after 8.30 am and has, at the commencement of that day, less than two (2) hours flexi leave credits, the employee shall be paid overtime for time worked after 5.30 pm or after working 7.5 hours day for a 37.5 hour week and 8 hours for employees on a 40 hour week, on that day whichever is the earlier. Where an employee is required to work overtime at the beginning of a day with less than one (1) day's notice, that employee shall be paid overtime for any time worked prior to the commencing time for ordinary hours of duty determined by Main Roads under subclause 28.1. Out Of Hours Contact 28.2 The provisions of this clause replace clause 22 (5) – Overtime Allowance, and Schedule I – Part I – Out of Hours Contact of the Award. 28.3 The following terms shall have the following meanings. "Out of hours contact" shall include the following: (a) (i) ‘Standby’ shall mean a written instruction or other authorised direction by the employer or a duly authorised officer to an employee to remain at the employee’s place of employment during any period outside the employee’s normal hours of duty, and to perform certain designated tasks periodically or on an impromptu basis. Such employee shall be provided with appropriate facilities for sleeping if attendance is overnight, and other personal needs, where practicable. (ii) Other than in extraordinary circumstances, employees shall not be required to perform more than two periods of standby in any rostered week. (iii) This provision shall not replace normal overtime or shift work requirements. (b) ‘On call’ shall mean a written instruction or other authorised direction by the employer or a duly authorised officer to an employee rostered to remain at the employee’s residence or to otherwise be immediately contactable by telephone or other means outside the employee’s normal hours of duty in case of a call out requiring an immediate return to duty. The nature of the duties to be performed requires an employee to be in a state of readiness for immediate return to duty. (c) (i) ‘Availability’ shall mean a written instruction or other authorised direction by the employer or a duly authorised officer to an employee to remain contactable, but not necessarily immediately contactable by telephone or other means, outside the employee’s normal hours of duty and be available and in a fit state at all such times for recall to duty. (ii) ‘Availability’ will not include situations in which employees carry telephones or other means or make their telephone numbers or other contact details available only in the event that they may be needed for casual contact or recall to work. For the purposes of these overtime provisions, recall to work under such circumstances would constitute emergency duty in accordance with clause 22 (6) – Emergency Duty of the Award. (d) ‘Return to duty’ shall also include, but is not limited to, situations where an employee, if recalled to duty, can perform such duty outside the usual headquarters where the employee performs ordinary rostered hours. 28.4 Where out of hours contact is a usual feature of the duties for which employees are regularly rostered, the issue of a roster is deemed to be a written instruction. 28.5 (a) Except as otherwise agreed between the employer and the union, an employee who is required by the employer or a duly authorised officer to be on out of hours contact during periods off duty shall be paid an allowance in accordance with the following formulae for each hour or part thereof the employee is on out of hours contact. Standby : 37.5 100 On Call : 18.75 Availability : 50 100 Provided that: ‘current level 3.1 weekly salary’ refers to the weekly salary of a level 3.1 general division employee as per Attachment A - Salaries of this Agreement; and payment in accordance with this clause shall not be made with respect to any period for which payment is made in accordance with the provisions of clause 22 (4) – Overtime of the Award when the employee is recalled to work. When an employee is required to be on call or available the employer shall provide the employee with the means of contact free of charge for the purposes of work related activity. (c) Where the means of contact is to be by land line or satellite telephone fixed at the employee’s residence the employer shall: (i) Where the telephone is not already installed, pay the cost of such installation. (ii) Where an employee pays or contributes towards the payment of the rental of such telephone, pay the employee 1/52nd of the annual rental paid by the employee for each seven days or part thereof on which an employee is rostered to be on call or available. (iii) Provided that where as a usual feature of the duties an employee is regularly rostered to be on on-call or available, pay the full amount of the telephone rental. (d) An employee shall be reimbursed the cost of all telephone calls made on behalf of the employer as a result of being on out of hours contact. (e) Where an employee rostered for on call or availability is recalled to duty during the period for which the employee is on out of hours contact then the employee shall receive payment for hours worked in accordance with clause 22 (4) - Overtime Allowance of the Award. (f) Where an employee rostered for on call or availability is recalled to duty, the time spent travelling to and from the place at which duty is to be performed, shall be included with actual duty for the purposes of overtime payment. (g) Minimum payment provisions do not apply to an employee rostered for out of hours contact duty. (h) An employee in receipt of an out of hours contact allowance and who is recalled to duty shall not be regarded as having performed emergency duty in accordance with clause 22 (6) – Emergency Duty of the Award. (i) Employees subject to this clause shall, where practicable, be periodically relieved from any requirement to hold themselves on standby, on call or availability. (j) No employee shall be on out of hours contact after the last working day preceding a period of annual leave or long service leave. Where not covered by the above subclauses, all other overtime provisions will be in accordance with the Award. 29. WORKING FROM HOME Subject to this clause, Main Roads may consider the introduction of working from home arrangements. The introduction of working from home arrangements does not provide for the employee’s primary place of work to be moved from the employee’s headquarters/work base to the employee’s home. Statutory requirements apply to employees working from home as they do to employees working at a Main Roads workplace. Main Roads must ensure understanding and compliance of all affected parties with all statutory responsibilities prior to any arrangements being sanctioned. Main Roads is required to undertake a risk assessment of the work activities carried out by employees to identify and manage hazards. In carrying out any assessment, employers must look at who and what may be affected by, and the possible effects of the work being done from home. The introduction of working from home arrangements is subject to: the employee’s duties are those they would normally undertake at their headquarters/work base; the nature of employees’ work being such that it is suited to working from home arrangements; approval of any arrangement being at the discretion of Main Roads; employees agreeing to enter into the working from home arrangements; the introduction of working from home arrangements being in accordance with the provisions of Main Roads’ policy; and Main Roads’ policy and procedures addressing: (i) general obligations of both the employer and employees, including such things as insurance, separation of overheads billed to the homeowner and the employee’s ordinary hours of work while working from home; (ii) duty of care responsibilities owed by the employer and employee under the Occupational Safety and Health Act 1984; and (iii) all additional statutory obligations affecting the employer/employee relationship. 30. WORKLOAD MANAGEMENT Main Roads is committed to providing a safe and healthy work environment and will not require employees to undertake an unreasonable workload in the ordinary discharge of their duties. The objective of this principle is to ensure workload allocation is fair, manageable and without risk to health and safety. Main Roads shall take reasonable steps to ensure that employees: do not work excessive or unreasonable hours; are able to clear annual leave; and are paid or otherwise recompensed for work as provided for under the Award and this Agreement. Employees are required to perform, attain or sustain a standard of work that may be reasonably expected of them. All relevant indicators of workload should be monitored. Indicators may include: nature of work; work patterns; environment in which work is performed; volume of work; level of performance; turnover; accident rate; incidence of workers compensation; illness and injury absence; early retirement records; referral rates and general feedback from counsellors; and exit information. Where employee performance issues are identified these will be managed in accordance with Main Roads’ Managing Employee Performance Policy and the Performance Improvement Process Guidelines should take into account: training and development; application of skill and competencies; capacity to perform at a required level; individual accountability; and communication and feedback. Workload issues may be dealt with as a function of the agency joint consultative committee. With the exception of employee performance related issues, where workload issues are identified a review team agreed by the parties will be convened within 21 days of a written request from either party. Broader consultation of the findings of the review team can be undertaken through the joint consultative committee. Section 2: FLEXIBLE LEAVE PROVISIONS 31. ANNUAL LEAVE 31.1 (a) Except as provided in subclause 31.9, each employee is entitled to four weeks' leave on full pay for each year of service. Annual leave shall be calculated on a daily basis. (b) An employee may take annual leave during the calendar year in which it accrues, but the time during which the leave may be taken is subject to the approval of Main Roads. (c) An employee who is first appointed after January 1 is entitled to pro-rata annual leave for that year in accordance with the formula contained in subclause 31.14. 31.2 Annual leave can be taken in periods of half a day or more as approved by Main Roads. 31.3 On written application, an employee shall be paid salary in advance when proceeding on annual leave. 31.4 (a) When the convenience of Main Roads is served, Main Roads may approve the deferment of the commencing date for taking annual leave, but such approval shall only remain in force for a period of one year. (b) Main Roads may renew the approval referred to in subclause (a) of this clause for a further period of a year or further periods of a year but so that an employee does not at any time accumulate more than three years' entitlement. (c) Where the convenience of Main Roads is served, Main Roads may approve the deferment of the commencement date for taking leave so that an employee accumulates more than three years' entitlement, subject to any condition which Main Roads may determine. (d) When an employee who has received approval to defer the commencement date for taking annual leave under paragraph (a), (b) or (c) of this subclause next proceeds on annual leave, the annual leave first accrued shall be the first leave taken. 31.5 An employee who, during an accrual period was subject to variations in ordinary working hours or whose ordinary working hours during the accrual period are less than the employee's ordinary working hours at the time of commencement of annual leave, may elect to take a lesser period of annual leave calculated by converting the average ordinary working hours during the accrual period to the equivalent ordinary hours at the time of commencement of annual leave. Pro Rata Additional Annual Leave for North West Employees 31.6 (a) An employee whose base location is located north of the 26 degrees south latitude shall be entitled to 37.5 hours (or 40 hours where working a 40 hour week arrangement) leave in addition to the employee’s normal entitlement to leave. (b) The intention of clause 31.6(a) is to provide the additional leave for North West employees on a pro rata basis without the requirement for an employee to first complete twelve months continuous service in the North West. An employee shall therefore accrue 0.10274 hours of paid additional annual leave at the end of each calendar day of the year, provided that the maximum accrual will not exceed 37.5 hours for each completed twelve month period of continuous service. An employee on a 40 hour week arrangement shall accrue 0.10959 hours of paid additional leave at the end of each calendar day of the year, provided that the maximum will not exceed 40 hours for each completed twelve month period of continuous service. (c) An employee may proceed on leave by accessing the pro rata entitlement provided in clause 31.6(b). (d) Where an employee is no longer located north of the 26 degrees South latitude they shall cease to accrue the additional leave provided by this subclause. (e) The additional leave provided by this subclause may be carried from one twelve month period of continuous service to another twelve month period. (f) Employees shall not accrue additional leave for any period of leave without pay exceeding 14 continuous calendar days. The twelve month period of continuous service shall not include any period of leave without pay exceeding 14 calendar days. 31.7 On application to Main Roads, a lump sum payment for the money equivalent of any: (a) Accrued annual leave as prescribed by subclause 31.1 or subclause 31.6 shall be made to an employee who resigns, retires, is retired or in respect of an employee who dies. The provisions of this paragraph shall also apply to an employee who is dismissed unless the misconduct for which the employee has been dismissed occurred prior to the completion of the qualifying period; and (b) pro rata annual leave shall be made to an employee who resigns, retires, is retired or in respect of an employee who dies but not to an employee who is dismissed. 31.8 An employee who has been permitted to proceed on annual recreation leave and who ceases duty before completing the required continuous service to accrue the leave must refund the value of the unearned pro rata portion calculated at the rate of salary as at the date the leave was taken, but no refund is required in the event of the death of an employee. 31.9 Every employee, other than an employee referred to in subclause 31.5 of this clause, to whom Main Roads has granted annual leave in excess of four weeks because of special circumstances shall be credited with such additional leave on a pro rata basis according to the following formula:- Completed Month of Service Pro rata Annual Leave (working days) Ten (10) Additional Days 1 : Nil 2 : 1 3 : 2 4 : 3 5 : 4 6 : 5 7 : 5 8 : 6 9 : 7 10 : 8 11 : 9 31.10 Notwithstanding the foregoing, Main Roads may direct an employee to take annual leave and determine the date which such leave shall commence. Should the employee not comply with the direction, disciplinary action may be taken against the employee. Annual Leave Loading 31.11 (a) Annual leave loading for employees other than shift workers or employees on commuted arrangements that incorporate leave loading shall be paid in accordance with clause 31.12. (b) Annual leave loading for employees engaged on shift work or employees on commuted arrangements that incorporate leave loading shall be paid in accordance with clause 31.13. Leave Loading for Non-shift Employees 31.12 (a) Leave loading payable on all annual leave accrued from 1 January 2012 onwards, shall be paid to employees in accordance with the provisions contained in paragraphs (c) to (l). (b) A loading of 17.5% calculated on the ordinary rate of salary for a maximum of four weeks annual leave shall be paid to employees on the first pay period in December in the calendar year in which the leave accrues. (c) The leave loading to be paid in accordance with clause 31.12(b) shall be the leave loading anticipated to be due on 31 December of that year. (d) Employees who are engaged after 1 January each year shall receive the 17.5% loading prescribed in clause 32.12(b) on pro rata annual leave accrued during that calendar year. (e) The maximum payment for the loading provided for in clause 31.12(b) shall not exceed a rate equivalent to 17.5% of four weeks’ salary of a General Division Level 8.1 employee under the Public Service and Government Officers General Agreement 2014 as at 1 January in the calendar year in which the leave accrues, in accordance with the following: Maximum (a) : $1,676.91 (b) : $1,718.83 (c) : $1,761.80 (g) Part time employees shall be paid a proportion of the annual leave loading at the salary rate applicable, provided that the maximum loading payable shall be calculated in accordance with the following: Average hours of work per fortnight in the calendar year in which the leave accrues : Maximum loading in accordance with clause 31.12(e) 75 : 1 (h) (i) The loading is calculated on the rate of the normal fortnightly salary, including any allowances which are paid as a regular fortnightly or annual amount. (ii) Any allowance paid to an employee for undertaking higher duties is only included if the allowance is payable during any period of leave taken during the calendar year as provided for under clause 54 - Higher Duties Allowance of this Agreement. (i) An employee must refund any leave loading paid in December if the employee resigns, or ceases employment, or where an employee is dismissed prior to 31 December of that year. This provision does not apply in the event of death of an employee or if the employee retires. (j) Where payment in lieu of accrued or pro rata annual leave is made on the death or retirement of an employee, a loading calculated in accordance with the terms of this clause is to be paid on accrued and pro rata annual leave. (k) When an employee resigns, or ceases employment, or where an employee is dismissed, an annual leave loading shall be paid as follows: (i) Accrued entitlements to annual leave – a loading calculated in accordance with the terms of this clause for accrued leave is to be paid. (ii) Pro rata annual leave – no loading is to be paid. (l) The loading does not apply to Cadets on full time study. Leave Loading for Shift Work Employees and Employees on Commuted Arrangements that Incorporate Leave Loading 31.13 (a) This clause applies to shift work employees and employees on commuted arrangements which do no incorporate annual leave loading. (b) Where an employee has been paid annual leave loading in accordance with clause 31.12, there shall be no entitlement to the payment of leave loading when taking annual leave. (c) Subject to subclauses 31.13(e) and 31.13(i) a loading equivalent to 17.5% of normal salary is payable to employees proceeding on annual leave, including accumulated annual leave. (d) Subject to the provisions of subclauses 31.13(e) and 31.13(i) shift workers who are granted an additional week's penalty leave when proceeding on annual leave including accumulated annual leave shall be paid: (i) shift and weekend penalties the employee would have received had the employee not proceeded on annual leave; or (ii) loading equivalent to 20% of normal salary for five weeks' leave; whichever is greater. (e) (i) Subject to the provisions of subclause 31.13(g) the loading is paid on a maximum of four weeks' annual leave, or five weeks in the case of shift workers who are granted an additional week's penalty leave. Payment of the loading is not made on additional leave granted for any other purpose (e.g. to employees whose headquarters are located north of the 26 degrees south latitude). (ii) The maximum payment for the loading provided for in 31.13(c) shall not exceed a rate equivalent to 17.5% of four weeks’ salary of a General Division Level 8.1 employee under the Public Service and Government Officers General Agreement 2014 as at 1 January in the calendar year in which the leave accrues, in accordance with the following: Maximum (a) : $1,676.91 (b) : $1,718.83 (c) : $1,761.80 (iii) The maximum payment to shift workers who are granted an additional week's penalty leave shall not exceed 5/4th of the rates prescribed in clause 31.13(e)(ii), in accordance with the following: Maximum (a) : $2,040.04 (b) : $2,096.14 (c) : $2,148.54 (d) : $2,202.25 (f) Annual leave commencing in any year and extending without a break into the following year attracts the loading calculated on the salary applicable on the day the leave commenced. The maximum loading payable shall be that applicable on the day the leave is commenced. (g) The loading payable on approved accumulated annual leave shall be at the rate applicable at the date the leave is commenced. Under these circumstances an employee can receive up to the maximum loading for the approved accumulated annual leave in addition to the loading for the current year's entitlement. (h) A pro rata loading is payable on periods of approved annual leave less than four weeks. (i) The loading is calculated on the rate of salary the employee receives at the commencement of leave under Attachment A - Salaries or and, where applicable, the salary shall include the following allowances: (i) District Allowance; (ii) Personal Allowance; Protective Clothing Allowance, where it is paid as an annual amount; Child Allowance paid to employees whose headquarters are located North of the 26 degrees South latitude; Commuted Overtime Allowance, where it is paid as an annual amount or a percentage of salary and paid throughout the year; and Higher Duties Allowance, but only where the specific conditions of clause 54 – Higher Duties Allowance of this Agreement are satisfied. (j) Where payment in lieu of accrued or pro rata annual leave is made on the death, dismissal, resignation or retirement of an employee, a loading calculated in accordance with the terms of this clause is to be paid. Provided that no loading shall be payable in respect of pro rata annual leave paid on resignation or where an employee is dismissed for misconduct. (k) Part-time employees shall be paid a pro rata loading at the salary rate applicable. (l) An employee who has been permitted to proceed on annual leave and who ceases duty before completing the required continuous service to accrue the leave must refund the value of the unearned pro rata portion. Provided that no refund shall be necessary in the event of the death of an employee. Annual Leave Accrual 31.14 (a) An employee employed after the first day of January in any year is entitled to pro rata annual leave for that year calculated on a daily basis. At the end of each calendar day of the year the employee will accrue 0.411 hours of paid annual leave provided the maximum accrual will not exceed 150 hours for each completed calendar year of service. An employee working on a 40 hour a week arrangement will accrue leave at 0.438 hours of paid annual leave per calendar day provided the maximum accrual will not exceed 160 hours for each completed year of service. (b) An officer may take annual leave during the calendar year in which it accrues or anytime thereafter, but the time during which the leave may be taken is subject to the approval of the employer. (c) An officer who has been permitted to proceed on annual leave and who ceases duty before completing the required continuous service to accrue the leave, must refund the value of the unearned pro rata portion, calculated at the rate of salary as at the date the leave was taken, but no refund is required in the event of the death of an employee. 31.15 An employee engaged on shift work who is rostered to work regularly on at least 11 Sundays and/or public holidays in a calendar year shall be entitled to one week's leave in addition to the employee’s normal entitlement to annual leave. 31.16 When computing the annual leave due under this clause, no deduction shall be made from such leave in respect of the period an employee is on any form of paid leave. 31.16 An employee may elect, with the consent of Main Roads, to accrue and carry forward a maximum of three years’ annual leave from the date of the entitlement. 31.17 An employee does not accrue annual leave for: that portion of an absence on personal leave through illness or injury that exceeds three months without pay; that portion of an absence on workers' compensation that exceeds six months; or the whole of any period of leave without pay under Clause 24 that exceeds 14 calendar days in a calendar year. For Annual Leave Travel Concession provisions, refer to clause 62.7. Annual Stand Down 31.18 Main Roads may require an employee to take accrued leave during stand down periods. 31.19 An employee who is required to take leave during a stand down period will be allowed to access the next annual leave credit in advance if he/she does not have sufficient accrued leave. An employee who ceases employment with Main Roads before accruing the leave taken in advance will be required to repay the value of the leave. EMPLOYEE INITIATED CASH OUT OF ACCRUED ANNUAL LEAVE 32.1 The parties agree on the importance of employees taking annual leave for the purposes of rest and recreation. 32.2 This clause, however, recognises that notwithstanding the importance of leave referred to in clause 32.1 some employees may have excess and overdue annual leave. This clause at the initiative of the employee provides for employees to receive payment in lieu of some of their unutilised accrued annual leave. 32.3 (a) Subject to clause 32.4, the employer and employee may agree that the employee forego part of the employee’s entitlement to accrued annual leave in exchange for equivalent payment at the rate which would have applied had the leave been taken at the time the agreement is made. (b) The payment includes applicable annual leave loading in accordance with clause 31 – Annual Leave of this Agreement. 32.4 The following criteria shall apply to the cashing out of accrued annual leave: (a) the employee initiates a written request, to their employer, to cash out accrued annual leave; and (b) the employer agrees in writing to the request by the employee; and (c) there is an annual leave entitlement that has accrued in previous years; and (d) no more than 50% of the employee’s total accrued annual leave entitlement can be cashed out; and the remaining entitlements are not less than two weeks accrued annual leave; and each instance of cashing out of annual leave must be a separate written agreement between the employer and employee; and (g) annual leave accruing in the year the request for cashing out is made cannot be cashed out in that year. 32.5 It is the employee’s responsibility to seek information on any taxation implications arising from the payout of annual leave. CHRISTMAS/NEW YEAR CLOSEDOWN Observation of a closedown 33.1 An employer may observe a closedown over the Christmas/New Year period for the whole or part of the employer’s agency. 33.2 The dates/duration of the closedown will be at the discretion of the employer, but will not exceed five working days. Notification of a closedown 33.3 The employer will as soon as possible in each calendar year, but not later than 30 June, advise affected employees of the dates of the closedown and the number of working days involved. Leave arrangements during the closedown 33.4 Employees may access the following forms of paid leave to cover the closedown period: (a) flexitime credit and banked hours; (b) rostered days/hours off; or (c) time in lieu of overtime. 33.5 In the absence of sufficient banked hours or flexitime credit hours the following types of paid leave will be used to cover the Christmas closedown: (a) annual leave; or (b) accrued long service leave. 33.6 Employees who do not currently participate in existing flexi-leave arrangements may alternatively accrue banked hours throughout the calendar year, for the purpose of the closedown period, pursuant to clause 27 - Hours of Work of this Agreement. 33.7 The days/hours may only be accrued up to the maximum of the number of hours necessary to cover the period of the closedown. 33.8 At the discretion of the employer the following employees may be granted either leave without pay or annual leave in advance to cover the amount of leave required for the closedown: (a) employees engaged during the calendar year immediately preceding the closedown who have not accrued sufficient banked hours to cover the period of the close down; or (b) employees who have not accrued sufficient banked hours to cover the period of the close down and have exhausted their paid leave credits. Managing debit hours/days 33.9 Employees, who have gone into debit to cover the period of the closedown and whose employment is terminated prior to accrual of sufficient hours to cover the debit, will be required to refund the balance of hours outstanding on termination. 33.10 Notwithstanding the provisions contained in clause 27.12 of this Agreement an employee who has accrued hours for the purposes of a closedown and subsequently resigns, transfers to another agency or otherwise has their employment terminated without being afforded the opportunity to clear their credit and banked hours, will be paid for those unused hours that relate only to the closedown. 34. LONG SERVICE LEAVE 34.1 Subject to subclause 34.4, an employee who has completed seven years' continuous service with Main Roads shall be entitled to 65 days’ long service leave on full pay. 34.2 For each subsequent period of seven years' service an employee shall be entitled to an additional 65 days’ long service leave on full pay. 34.3 A long service leave entitlement which fell due prior to March 16, 1988 amounted to three months. A long service leave entitlement which falls due on or after that date shall amount to 65 days. 34.4 For the purposes of determining an employee's long service leave entitlement under the provisions of subclauses 34.1, 34.2 and 34.3 the expression "continuous service" includes any period during which the employee is absent on full pay or part pay from the employee duties, but does not include: (a) any period exceeding 14 calendar days during which the employee is absent on leave without pay or parental leave without pay, unless Main Roads determines otherwise; (b) any service by an employee who resigns, is dismissed or whose services are otherwise terminated other than service prior to such resignation, dismissal or termination when that prior service had actually entitled the employee to the long service leave provided under this clause; (c) any service of a Cadet whilst undertaking full-time studies. 34.5 (a) Long service leave shall be taken within three years of it becoming due, at the convenience of Main Roads. Provided that Main Roads may approve the deferment of long service leave in exceptional circumstances. Provided further that such exceptional circumstances shall include retirement within five years of the date of entitlement. (b) Approval to defer the taking of long service leave may be withdrawn or varied at any time by Main Roads giving the employee notice in writing of the withdrawal or variation. 34.6 On application to Main Roads a lump sum payment for the money equivalent of any: (a) long service leave entitlement for continuous service as provided in subclause 34.1 and subclause 34.2 shall be made to an employee who resigns, retires, is retired or is dismissed or in respect of an employee who dies; (b) pro rata long service leave based on continuous service of a lesser period than that provided in subclause 34.1 and subclause 34.2 for a long service leave entitlement shall be made - (i) to an employee who retires at or over the age of 55 years or who is retired on the grounds of ill health, if the employee has completed not less than 12 months' continuous service before the date of retirement; (ii) to an employee who, not having resigned, is retired by Main Roads for any other cause, if the employee has completed not less than three years' continuous service before the date of retirement; or (iii) in respect of an employee who dies, if the employee has completed not less than 12 months' continuous service before the date of death. (c) in the case of a deceased employee, payment shall be made to the estate of the employee unless the employee is survived by a legal dependant approved by Main Roads, in which case payment shall be made to the legal dependant. The calculation of the amount due for long service leave accrued and for pro rata long service leave shall be made at the rate of salary of an employee at the date of retirement or resignation or death, whichever applies. An employee prior to commencing long service leave may request approval for the substitution of another date for commencement of long service leave and Main Roads may approve such substitution. On written application, an employee shall be paid salary in advance when proceeding on long service leave. 34.10 (a) Notwithstanding the provisions contained in this subclause where an employee was, immediately prior to being employed in Main Roads, employed in the service of the public service in Western Australia or any other state body in Western Australia that employee shall be entitled to long service leave determined in the manner contained in this subclause. Provided that the period between being employed in Main Roads and ceasing the previous employment described in this subclause does not exceed one week or a further period as determined by Main Roads. (b) (i) The pro rata portion of long service leave to which the employee would have been entitled up to the date of appointment shall be calculated in accordance with the provisions that applied to the previous employment referred to. However in calculating that period of pro rata long service leave, any long service leave taken or any benefit granted in lieu of any such long service leave during that employment shall be deducted from any long service leave to which the employee may become entitled to under this clause; (ii) The balance of long service leave entitlement of the employee shall be calculated in accordance with the provisions contained in this clause. (c) Nothing in this clause confers on any employee previously employed by those bodies specified in subclause 34.10 (a) any entitlement to a complete period of long service leave that accrued in the employee's favour prior to the date on which the employee commenced employment in Main Roads. 34.11 (a) A full-time employee who, during a qualifying period towards an entitlement of long service leave was employed continuously on both a full and part-time basis may elect to take a lesser period of long service leave calculated by converting the part-time service to equivalent full-time service. A full-time employee who, during a qualifying period towards an entitlement of long service leave was employed continuously on a part-time basis may elect to take a lesser period of long service leave calculated by converting the part-time service to equivalent full-time service. Additional Leave Flexibilities 34.12 Access to Accrued Long Service Leave Entitlement An employee may, by agreement with Main Roads, clear any accrued entitlement to long service leave in minimum periods of one (1) day. 34.13 Cash Out of Accrued Long Service Leave Entitlement An employee may, by agreement with Main Roads, cash out any portion of an accrued entitlement to long service leave, provided the employee proceeds on a minimum of ten (10) days’ annual leave in that calendar year. 34.14 Early Access to Pro Rata Long Service Leave For the purposes of this clause, “employee” includes full time, part time, permanent and fixed term contract employees. Subject to clause 34.14(d), employees within seven (7) years of their preservation age under Western Australian Government superannuation arrangements may, by agreement with Main Roads, choose early access to their long service leave at the rate of 9.28 days per completed 12 month period of continuous service for full time employees. Part time employees have the same entitlement as full time employees, with their entitlement calculated on a pro rata basis according to any variations to their ordinary working hours during the accrual period. Early access to pro rate long service leave does not include access to long service leave to which the employee has become entitled, or accumulated prior to being within seven years of their preservation age. Under this subclause, long service leave can only be taken as paid leave and there is no capacity for payment in lieu of leave. Employees may by agreement with Main Roads, clear any prospective entitlement to long service leave in minimum periods of one (1) day. 34.15 Access to Half Pay or Double Pay Main Roads may approve an employee’s request for long service leave for: half the normal rate of pay and double the period of long service leave; or double the normal rate of pay and half the period of long service leave, provided that there is a maximum of two (2) hours’ leave for each hour accrued. 35. PUBLIC HOLIDAYS 35.1 The following days shall be allowed as holidays with pay: New Year’s Day, Australia Day, Good Friday, Easter Monday, Christmas Day, Boxing Day, Anzac Day, Sovereign’s Birthday, Foundation Day, Labour Day, provided that Main Roads may approve another day to be taken as a holiday in lieu of any of the above-mentioned days. 35.2 When any of the days mentioned in subclause 35.1 falls on a Saturday or on a Sunday, the holiday shall be observed on the next succeeding Monday. When Boxing Day falls on a Sunday or Monday, the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday. 35.3 Public holidays which fall during paid leave are paid and are not included as part of the leave period. Public holidays which fall during unpaid leave: are unpaid if they fall during the leave period; are paid if they fall at the beginning or end of the leave period. Days In Lieu Of The Repealed Public Service Holidays 35.4 The two (2) days in lieu of the repealed public service holidays as provided for in the Public Sector Commissioner’s Circular 2009-32 apply to employees covered by this Agreement where they would normally be expected to work these days. 35.5 Subject to the provisions of the Public Sector Commissioner’s Circular 2009-32, days in lieu of the repealed public service holidays: are made available on the date of the relevant repealed public service holiday; are not available to an employee who is on any period of leave without pay; are paid at the rate of ordinary time; can be added to annual leave or taken individually; must be taken in the calendar year in which they occur; will be forfeited if not taken in the year in which they occur; and are not to be paid out on termination of employment. 35.6 By prior agreement with the employer the day may be taken on the date of the relevant repealed public service holiday. 36. PERSONAL LEAVE Introduction 36.1 The provisions of this clause replace clause 31 – Short Leave, clause 27 - Carers Leave and clause 26 – Sick Leave with the exception of subclause 26 (17) - War Caused Illnesses of the Award. 36.2 The intention of Personal Leave is to give employees and employers greater flexibility by providing leave on full pay for a variety of personal purposes. Personal leave replaces sick and paid carer's leave. Personal leave is not to be used for circumstances normally met by other forms of leave. 36.3 This clause does not apply to casuals with the exception of subclause 36.38 personal leave without pay for the purposes of carer’s leave of this clause. Entitlement 36.4 Main Roads shall credit each full time employee engaged on an ongoing basis with the following personal leave credits: Personal leave Non-cumulative 40 hour week On the day of initial appointment : 16 hours On completion of 6 months continuous service : 0 hours On the completion of 12 months continuous service : 16 hours On the completion of each further period of 12 months continuous service : 16 hours 36.5 A part time employee shall be entitled to the same personal leave credits as a full time employee, but on a pro rata basis according to the number of hours worked each fortnight. Payment for personal leave shall only be made for those hours that would normally have been worked had the employee not been on personal leave. 36.6 An employee employed for a period less than twelve (12) months shall be credited personal leave on a pro rata basis for the period of the contract. 36.7 Where employees access personal leave, it shall be deducted from their non-cumulative entitlement in the first instance. 36.8 In the year of accrual the 114 hours personal leave entitlement may be accessed for illness or injury, carer's leave, unanticipated matters or planned matters in accordance with the provisions of this clause. On completion of each year unused personal leave up to a maximum of 98.8 hours will be cumulative and added to personal leave accumulated from previous years. Unused non-cumulative leave will be lost on completion of each anniversary year. 36.9 Whilst employees are able to access personal leave in accordance with subclause 36.15 of this clause, to ensure compliance with the Minimum Conditions of Employment Act 1993 a minimum of 76 hours of personal leave per year must be available or accessed by the employee for the purposes of: an employee’s entitlement to paid leave for illness or injury; or carer’s leave. The provisions of this subclause shall apply to part time employees on a pro rata basis. 36.10 An employee is unable to access personal leave while on any period of parental leave or leave without pay. An employee is unable to access personal leave while on any period of annual or long service leave, except as provided for in subclauses 36.25 and 36.26 (re-crediting leave). 36.11 Personal leave will not be debited for public holidays, which the employee would have observed. 36.12 If an employee who is working a 37.5 hour week has exhausted all accrued personal leave Main Roads may allow the employee who has at least twelve (12) months service to anticipate up to 38 hours personal leave from next year's credit. The amount of personal leave that can be anticipated by an employee working other than a 37.5 hour week will be proportionate to the ordinary hours worked. If the employee ceases duty before accruing the leave, the value of the unearned portion must be refunded to Main Roads, calculated at the salary rate as at the date the leave was taken, but no refund is required in the event of the death of the employee. 36.13 In exceptional circumstances Main Roads may approve the conversion of an employee's personal leave credits to half pay to cover an absence on personal leave due to illness. 36.14 Personal leave may be taken on an hourly basis. Application for Personal Leave 36.15 Reasonable and legitimate requests for personal leave will be approved subject to available credits. Subject to subclause 36.4 and 36.9 Main Roads may grant personal leave in the following circumstances: where the employee is ill or injured; to provide care or support to a member of the employee’s family or household who requires care or support because of an illness or injury to the member; or an unexpected emergency affecting the member; for unanticipated matters of a compassionate or pressing nature which arise without notice and require immediate attention; by prior approval of Main Roads having regard for agency requirements and the needs of the employee, planned matters where arrangements cannot be organised outside of normal working hours or be accommodated by the utilisation of flexi time credits by employees working according to approved flexible working hours arrangements or other leave. Planned personal leave will not be approved for regular ongoing situations. 36.16 Main Roads may grant two days unpaid personal leave per occasion to an employee to provide care and support to a member of the employee’s family or household due to a birth of a child to the member. This entitlement does not of itself limit an employee’s access to paid personal leave as provided for in 36.15 or partner leave as provided for by clause 42 – Partner Leave of this Agreement. This leave may also be substituted with accrued annual leave, long service leave, time off in lieu of overtime, flexi leave and/or banked hours to which the employee is entitled. 36.17 Employees must complete the necessary application and clearly identify which of the above circumstances apply to their personal leave request. 36.18 The definition of family shall be the definition contained in the Equal Opportunity Act 1984 for "relative". That is, a person who is related to the employee by blood, marriage, affinity or adoption and includes a person who is wholly or mainly dependent on, or is a member of the household of, the employee. 36.19 Where practicable, the employee must give reasonable notice prior to taking leave. Where prior notice cannot be given, notice must be provided as early as possible on the day of absence. Where possible, an estimate of the period of absence from work shall be provided. Evidence 36.20 An application for personal leave exceeding two consecutive working days shall be supported by evidence that would satisfy a reasonable person of the entitlement. 36.21 In general, supporting evidence is not required for single or two consecutive day absences. Where Main Roads has good reason to believe that the absence may not be reasonable or legitimate, Main Roads may request evidence be provided. Main Roads must provide the employee with reasons for requesting the evidence. The leave shall not be granted where the absence is not reasonable or legitimate. 36.22 Personal leave will not be granted where an employee is absent from duty because of personal illness directly caused by the misconduct of the employee. 36.23 Where there is doubt about the cause of an employee's illness, Main Roads may require the employee to submit to a medical examination by a medical practitioner of Main Roads’ choice, which the employee must attend. Where it is reported that the absence is because of illness caused by the misconduct of the employee, or the employee fails without reasonable cause to attend the medical examination, the fee for the examination must be deducted from the employee's salary and personal leave will not be granted. 36.24 If Main Roads has reason to believe that an employee is in such a state of health as to render a danger to themselves, fellow employees or the public, the employee may be required to obtain and furnish a report as to the employee's condition from a registered medical practitioner nominated by Main Roads. The fee for any such examination shall be paid by Main Roads. Re-crediting Annual Leave 36.25 Where an employee is ill or injured during the period of annual leave and produces at the time, or as soon as practicable thereafter, medical evidence to the satisfaction of Main Roads that as a result of the illness or injury the employee was confined to their place of residence or a hospital for a period of at least seven consecutive calendar days, Main Roads may grant personal leave for the period during which the employee was so confined and reinstate annual leave equivalent to the period of confinement. Re-crediting Long Service Leave 36.26 Where an employee is ill or injured during the period of long service leave and produces at the time, or as soon as practicable thereafter, medical evidence to the satisfaction of Main Roads that as a result of illness or injury the employee was confined to their place of residence or a hospital for a period of at least 14 consecutive calendar days, Main Roads may grant personal leave for the period during which the employee was so confined and reinstate long service leave equivalent to the period of confinement. Worker’s Compensation 36.27 Where an employee suffers a disability within the meaning of section 5 of the Worker's Compensation and Injury Management Act 1981 which necessitates that employee being absent from duty, personal leave with pay shall be granted to the extent of personal leave credits. In accordance with section 80(2) of the Worker's Compensation and Injury Management Act 1981 where the claim for worker's compensation is decided in favour of the employee, personal leave credit is to be reinstated and the period of absence shall be granted as leave without pay. Personal Leave Without Pay Whilst Ill or Injured 36.28 Employees who have exhausted all of their personal leave entitlements and are ill or injured may apply for personal leave without pay. Employees are required to complete the necessary application and provide evidence to satisfy a reasonable person. Main Roads shall not unreasonably withhold this leave. 36.29 Personal leave without pay not exceeding a period of three months in a continuous absence does not affect wages increment dates, anniversary date of sick leave credits, long service leave entitlements or annual leave entitlements. Where a period of personal leave without pay exceeds three months in a continuous absence, the period in excess of three months is excised from qualifying service. 36.30 Personal leave without pay is not available to employees who have exhausted all of their personal leave entitlements and are seeking leave for circumstances outlined in paragraphs (b), (c) or (d) of subclause 36.15 of this clause. However, other forms of leave including unpaid carer’s leave and leave without pay may be available. Other Conditions 36.31 Where an employee who has been retired from the public service on medical grounds subsequently resumes duty, personal leave credits at the date of retirement shall be reinstated. This provision does not apply to an employee who has resigned from the public service and is subsequently reappointed. 36.32 Unused personal leave will not be cashed out or paid out when an employee ceases their employment. Portability 36.33 Main Roads will credit an employee additional personal leave credits up to those held at the date that employee ceased previous employment provided: immediately prior to commencing employment with Main Roads, the employee was employed in the service of the public service of Western Australia or any other state body of Western Australia; and the period of employment between the date when the employee ceased previous employment and the date of commencing employment with Main Roads does not exceed one week or any other period approved by Main Roads; Travelling time for Regional Employees 36.34 Subject to the evidentiary requirements set out in subclauses 36.20 to 36.24 of this clause, a regional employee who requires medical attention at a medical facility in Western Australia located 240 km or more from their workplace will be granted paid travel time undertaken during the employee’s ordinary working hours up to a maximum of 37.5 hours per annum. 36.35 Main Roads may approve additional paid travel time to a medical facility in Western Australia where the employee can demonstrate to the satisfaction of Main Roads that more travel time is warranted. 36.36 The provisions of subclauses 36.34 and 36.35 Travelling Time for Regional Employees are not available to employees whilst on leave without pay or personal leave without pay for illness or injury. 36.37 The provisions of subclauses 36.34 and 36.35 – Travelling Time for Regional Employees apply as follows. An employee employed on a fixed term contract for a period greater than 12 months, shall be credited with the same entitlement as a permanent employee for each full year of service and pro rata for any residual portion of employment. An employee employed on a fixed term contract for a period less than 12 months shall be credited with the same entitlement on a pro-rata basis for the period of employment. A part time employee shall be entitled to the same entitlement as a full time employee for the period of employment, but on a pro-rata basis according to the number of ordinary hours worked each fortnight. The provisions do not apply to casual employees. Personal Leave Without Pay for the purposes of carer’s leave 36.38 Subject to subclause 36.39 an employee, including a casual employee, is entitled to unpaid carer’s leave of up to two days for each occasion (a “permissible occasion”) on which a member of the employee’s family or household requires care or support because of: (a) an illness or injury of the member; or (b) an unexpected emergency affecting the member; or the birth of a child of the member. 36.39 An employee is entitled to personal leave without pay for the purposes of carer’s leave for a particular permissible occasion only if the employee cannot take paid carer’s leave during this period. 36.40 The definition of family is the same as provided in subclause 36.18 of this clause. 36.41 Main Roads may grant an employee personal leave without pay for the purposes of carer’s leave in excess of two days. Where a period of personal leave without pay for the purposes of carer’s leave exceeds fourteen days in a continuous absence, the period in excess of fourteen days is excised from qualifying service for all purposes. 36.42 Personal leave without pay for the purposes of carer’s leave may be taken on an hourly basis. 37. FAMILY AND DOMESTIC VIOLENCE Introduction 37.1 Main Roads recognises that employees sometimes face situations of violence and/or abuse in their personal life that may affect their attendance or performance at work. Therefore, Main Roads is committed to providing support to employees who experience family violence, subject to the provisions of subclauses 37.3 to 37.8. 37.2 The intention of this clause is to outline under what circumstances an employee can access their Personal Leave entitlements for family and domestic violence events (or incidents). Application for Personal Leave 37.3 Employees may make application for personal leave in accordance with the provisions contained in clause 36 – Personal Leave of this Agreement, to deal with events or incidents related to family and domestic violence. 37.4 Events or incidents related to domestic violence may include attendance at medical appointments, legal proceedings, and other matters of a compassionate or pressing nature related to the family and/or domestic violence which may arise without notice and require immediate attention. 37.5 Each day or part day thereof shall be deducted from the employee’s personal leave entitlement subject to the provisions of this clause being met. 37.6 Where all personal leave credits are exhausted, time off without pay may be granted by arrangement between Main Roads and the employee for events or incidents related to family and domestic violence. 37.7 Personal information concerning family and domestic violence will be kept confidential by Main Roads. 37.8 Where there is a risk to the health or safety of an employee in the workplace, who is or has experienced family and domestic violence, Main Roads, where appropriate may: a) facilitate flexible working arrangements in accordance with clause 27.5 of this Agreement; and/or b) make workplace modifications including changes to the employee’s work location, telephone number and email address. 38. ABSENTEEISM MANAGEMENT – EVIDENCE REQUIREMENTS 38.1 (a) In addition to the provisions of clauses 36.20, 36.22 and 36.23 of this Agreement, where Main Roads has raised and documented concerns with an employee about the number and/or timing of their personal leave absences without clear explanation in the previous three months, Main Roads: (i) may require, for the next three months, medical practitioner certificates, dental practitioner certificates, statutory declarations, or certificates from a Health Professional or Allied Health Professional when Personal Leave is taken; (ii) may extend the period referred to in clause 38.1 (a) (i) for a further three month period should personal leave absences without clear explanation or evidentiary support continue during this period; and may cancel or reduce the period referred to in clause 38.1 (a) (i) and (ii) where the matter is considered to have been resolved. (b) Any notification to an employee under clause 38.1 (a) shall be provided in writing by Main Roads. (c) Employees will be provided with an opportunity to explain the number and/or timing of personal leave absences over the three month period prior to implementation of the process contained in clause 38.1 (a). (d) The evidence required in 38.1 (a)(i) – (iii) will replace the provisions of clause 36.21 of this Agreement. (e) Main Roads will not use the process contained in 38.1 (a): (i) for employees who have produced evidence of an ongoing health problem and are taking Personal Leave due to that health problem; or for employees who have produced evidence that a person in their care has an ongoing health problem and are taking Carers Leave due to the health problem. 39. MATERNITY LEAVE 39.1 This clause replaces the Parental Leave provisions contained in clause 28 – Parental Leave of the Award. 39.2 Eligibility (a) (i) A pregnant permanent, fixed term contract or eligible casual employee is entitled to unpaid Maternity Leave on the birth of a child. (ii) The period of leave for a fixed term contract employee shall not extend beyond the term of that contract. (iii) An employee is eligible, without concluding their Maternity Leave and resuming duty, for subsequent periods of Maternity Leave, including paid Maternity Leave, in accordance with the provisions of this clause. (b) A pregnant permanent or fixed term employee must have completed twelve months continuous service in the Western Australian public sector as defined under the Public Sector Management Act 1994 immediately preceding the Maternity Leave in order to receive the forms of paid leave as provided for by this clause. (c) An employee on a period of leave without pay unrelated to Maternity Leave, Adoption Leave or Other Parent Leave must resume duties prior to being entitled to paid Maternity Leave in accordance with the eligibility requirements. 39.3 (a) A pregnant eligible casual employee is entitled to unpaid Maternity Leave only. (b) For the purposes of this clause an “eligible casual employee” means a casual employee employed by the employer: (i) on a regular and systematic basis for several periods of employment with a break of no more than three months between each period of employment and where the combined length of the periods of employment are at least twelve months and the breaks of employment were the result of the employer’s initiative; or (ii) on a regular and systematic basis for a sequence of periods of employment during a period of at least twelve months; and, but for the birth or adoption of a child, the employee has a reasonable expectation of continuing engagement on a regular and systematic basis. (c) Service performed by an eligible casual employee for a public sector employer shall count as service for the purposes of determining twelve months continuous service as per clauses 39.2 and 39.3 where: (i) the eligible casual employee has become a permanent or fixed term contract employee with the same employer; and (ii) the break between the period of eligible casual employment and permanent or fixed term contract employment is no more than three months. 39.4 Notice Requirements (a) An eligible employee shall give at least eight weeks written notice of: (i) their intention to proceed on paid or unpaid Maternity Leave; (ii) the date the employee proposes to commence paid or unpaid Maternity Leave; and (iii) the period of leave to be taken. (b) An employee who has given their employer notice of their intention to take Maternity Leave shall provide the employer with a medical certificate from a registered medical practitioner naming the employee, confirming the pregnancy and the estimated date of birth. (c) An employee is not in breach of clause 39.4 (a) by failing to give the required period of notice if such failure is due to the birth of the child taking place prior to the date the employee had intended to proceed on Maternity Leave. (d) An employee proceeding on Maternity Leave may elect to take a shorter period of Maternity Leave to that provided by this clause and may at any time during that period elect to reduce or seek to extend the period stated in the original application, provided four weeks written notice is provided. 39.5 General Entitlement to Maternity Leave (a) Subject to the requirements of this clause an eligible employee is entitled to 52 weeks unpaid Maternity Leave. (b) (i) Subject to the requirements of this clause an eligible employee is entitled to 14 weeks paid Maternity Leave that will form part of the 52 week unpaid entitlement; (ii) The 14 week period of paid Maternity Leave is inclusive of any public holidays or repealed public service days in lieu falling within that time; (iii) The period of paid Maternity Leave can be extended by the employee taking double the leave on a half-pay basis and its effect is in accordance with clause 39.15. (c) An employee must take Maternity Leave in one continuous period with the exception of Special Temporary Employment or Special Casual Employment pursuant to clause 39.13. (d) Except for leave provided under clause 42 - Partner Leave, only one parent can proceed on Maternity, Adoption or Other Parent Leave at any one time. (e) Where less than the 52 weeks Maternity Leave is taken paid or unpaid, the unused portion of the leave cannot be banked or preserved in any way. (f) (i) Notwithstanding clause 39.5 (c) above, paid Maternity Leave may be taken in more than one period by an employee who meets the requirements of clause 39.6 (d). (ii) Unpaid Maternity Leave may be taken in more than one continuous period where the employee undertakes special temporary employment or special casual employment in accordance with clause 39.13 – Employment during Unpaid Maternity Leave. In these circumstances, the provisions of clause 39.13 – Employment during Unpaid Maternity Leave, shall apply. (g) (i) Where both employees are employed in the WA Public Sector an entitlement to paid or unpaid Maternity Leave, Adoption Leave or Other Parent Leave or parental leave provided for by another industrial agreement can be shared; and (ii) the entitlement provided to the employees shall not exceed the paid Maternity, Adoption or Other Parent Leave quantum for one employee or its half pay equivalent; and (iii) the employees may only proceed on paid and/or unpaid Maternity, Adoption or Other Parent Leave at the same time in exceptional circumstances with the approval of the employer or as provided for under clause 39.6 (d). This does not prevent an employee from taking paid or unpaid Partner Leave as prescribed by clause 42 of this Agreement. 39.6 Payment for Paid Maternity Leave (a) (i) Subject to clause 39.6 (c) a full time employee proceeding on paid Maternity Leave is to be paid according to their ordinary working hours at the time of commencement of Maternity Leave. Shift and weekend penalty payments are not payable during paid Maternity Leave. (ii) Subject to clause 39.6 (c) payment for a part time employee is to be determined according to an average of the hours worked by the employee over the preceding twelve months; or their ordinary working hours at the time of commencement of Maternity Leave, exclusive of shift and weekend penalties, whichever is greater. (b) An employee may elect to receive pay in advance for the period of paid Maternity Leave at the time the Maternity Leave commences, or may elect to be paid the entitlement on a fortnightly basis over the period of the paid Maternity Leave. (c) (i) An employee in receipt of a higher duties allowance for a continuous period of twelve months immediately prior to commencing paid Maternity Leave, is to continue to receive the higher duties allowance for the first four weeks of paid Maternity Leave. (ii) An employee who is entitled to be paid higher duties allowance in accordance with clause 39.6(c)(i) and elects to take paid Maternity Leave at half pay will be paid the higher duties allowance at the full rate for the first four weeks only. (d) An employee is entitled to remain on paid Maternity Leave if the pregnancy results in other than a live child; or the employee is incapacitated following the birth of the child; or the child dies or is hospitalised such that the employee or the employee’s partner is not providing principal care to the child. (e) Where an employee is on a period of half pay Maternity Leave and their employment is terminated through no fault of the employee, the employee shall be paid out any period of unused paid Maternity Leave equivalent to the period of leave the employee would have accessed had they been on full pay Maternity Leave when their termination occurred. (f) An employee eligible for a subsequent period of paid Maternity Leave as provided for under clause 39.2 (a) (iii) shall be paid the Maternity Leave as follows: (i) According to the employee’s status, classification and ordinary working hours at the time of commencing the original period of paid Maternity Leave; and (ii) Not affected by any period of Special Temporary Employment or Special Casual Employment undertaken in accordance with clause 39.13. 39.7 Commencement of Maternity Leave (a) The period of paid leave can commence up to six weeks prior to the expected date of birth of the child. (b) The period of unpaid leave can commence up to six weeks prior to the expected date of birth of the child or earlier if the employer and employee so agree, but must not start later than the birth of the child. (c) (i) If the employer has reason to believe that the continued performance of duties by a pregnant employee renders danger to herself, fellow employees or the public, the employee may be required to obtain and provide a medical certificate stating that the employee is fit to work in her present position for a stated period. (ii) The employer shall pay the fee for any such examination. (iii) Where an employee is deemed to be unfit to work in her present position, the provisions of clause 39.8 - Modification of Duties and Transfer to a Safe Job, may apply. (c) (i) Where the pregnancy of an employee terminates other than by the birth of a living child, not earlier than twenty weeks before the expected date of the birth, the entitlement to paid Maternity Leave remains intact and subject to the eligibility requirements of this clause. (ii) Such paid Maternity Leave cannot be taken concurrently with any paid personal leave taken in this circumstance. (d) The period of paid Maternity Leave must be concluded within twelve months of the birth of the child. (e) (i) The employer may, in exceptional circumstances, allow an employee to take paid Maternity Leave that will result in the employee being on paid Maternity Leave more than twelve months after the birth of the child. (ii) An employer may require evidence that would satisfy a reasonable person that the circumstances warrant allowing the employee to take their period of paid Maternity Leave such that it would result in the employee being on paid Maternity Leave more than twelve months after the birth of the child. 39.8 Modification of Duties and Transfer to a Safe Job (a) (i) A pregnant employee may work part time in one or more periods whilst she is pregnant where she provides her employer with a medical certificate from a medical practitioner advising that part time employment is, because of her pregnancy, necessary or preferable. (ii) The terms of part time employment undertaken in accordance with clause 39.8 (a) (i) shall be in writing. (iii) Such employment shall be in accordance with clause 16.19. – Part Time Employment of this Agreement. (b) In the absence of an alternative requirement, and unless otherwise agreed between an employer and employee, an employee shall provide their employer with four weeks written notice of an intention to: (i) vary part time work arrangements made under clause 39.8 (a); or (ii) revert to full time employment during the employee’s pregnancy. (c) An employee reverting to full time employment in accordance with clause 39.8 (b) (ii) will be entitled to the same position or a position equivalent in pay, conditions and status and commensurate with the employee’s skill and abilities as the substantive position held immediately prior to undertaking part time employment. (d) If an employee gives her employer a medical certificate from a medical practitioner, or some other form of evidence that would satisfy a reasonable person, and it contains a statement to the effect that the employee is fit to work, but that it is inadvisable for her to continue in her present position for a stated period because of: (i) illness, or risks, arising out of her pregnancy; or (ii) hazards connected with that position; then the employer must modify the duties of the position or alternatively transfer the employee to a safe job at the same classification level for the period during which she is unable to continue in her present position. (e) If an employee’s employer does not think it to be reasonably practicable to modify the duties of the position or transfer the employee to a safe job; (i) the employee is entitled to be absent from the workplace on full pay for the period during which she is unable to continue in her present position. (ii) An entitlement to be absent from the workplace on full pay as at clause 39.8 (e) (i) applies to an eligible casual employee. (iii) An employee who is absent from work pursuant to this subclause shall be paid the amount she would reasonably have expected to be paid if she had worked during that period. (f) An entitlement to be absent from the workplace on full pay is in addition to any leave entitlement the employee has. (g) An entitlement to be absent from the workplace on full pay ends at the earliest of whichever of the following times is applicable: (i) the end of the period stated in the medical certificate; (ii) if the employee’s pregnancy results in the birth of a living child – the end of the day before the date of birth; or (iii) if the employee’s pregnancy ends otherwise than with the birth of a living child – the end of the day before the end of the pregnancy. 39.9 Interaction with Other Leave Entitlements (a) An employee proceeding on unpaid Maternity Leave may elect to substitute any part of that leave with accrued annual and/or accrued long service leave. (b) Where annual and/or long service leave is substituted that leave shall form part of the 52 weeks Maternity Leave entitlement. (c) An employee proceeding on unpaid Maternity Leave may elect to substitute all or part of that leave with accrued time off in lieu of overtime, flexi leave and/or banked hours to which the employee is entitled subject to the provisions of clause 27 – Hours of Work and clause 28 – Overtime and of this Agreement, where applicable. (d) Personal leave is not payable on a period of paid or unpaid Maternity Leave. 39.10 Extended Unpaid Maternity Leave (a) An employee is entitled to apply for leave without pay following Maternity Leave (“extended unpaid Maternity Leave”) to extend their leave by up to two years. (b) Approval for an extension to unpaid Maternity Leave will be subject to all other available leave entitlements being exhausted. (c) Where both parents work for the WA Public Sector the total combined period of extended unpaid Maternity, Adoption and extended Other Parent Leave shall not exceed two years. (d) The employer is to agree to a request for extended unpaid Maternity Leave unless: (i) the employer is not satisfied that the request is genuinely based on the employee’s parental responsibilities; or (ii) agreeing to the request would have an adverse impact on the conduct of operations or business of the employer and those grounds would satisfy a reasonable person. (e) The employer is to give the employee written notice of the employer’s decision on a request for extended unpaid Maternity Leave under clause 39.10 (a). If the request is refused, the notice is to set out the reasons for the refusal. (f) An employee who believes their request for extended unpaid Maternity Leave under clause 39.10 has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on the employer to demonstrate that the refusal was justified in the circumstances. 39.11 Communication during Maternity Leave (a) If the employer makes a decision that will have a significant effect on the status, responsibility level, pay or location of an employee’s position whilst on Maternity Leave, the employer must take all reasonable steps to give the employee information about, and an opportunity to discuss, the effect of the decision on that position. (b) An employee shall also notify the employer of changes of address or other contact details that might affect the employer’s capacity to comply with clause 39.11 (a). 39.12 Replacement Employee (a) Should a replacement employee be engaged, the replacement employee is to be informed prior to engagement of the fixed-term nature of the employment and of the rights of the employee, who is being replaced, including that the engagement may be subject to variation according to clause 39.4 (d) and ability to extend unpaid Maternity Leave as provided for under clause 39.10. 39.13 Employment during Unpaid Maternity Leave (a) Special Temporary Employment (i) For the purposes of this subclause, “temporary” means employment of an intermittent nature; for a limited, specified period; and undertaken during unpaid Maternity Leave or extended unpaid Maternity Leave. (ii) Notwithstanding any other provision of the Maternity Leave clause, an employee may be employed by their employer on a temporary basis provided that: both parties agree in writing to the special temporary employment; public service officers are only employed on a temporary basis in connection with their substantive office, post or position; any such period of service shall not change the employee’s employment status in regard to their substantive employment; and any period of special temporary employment shall count as qualifying service for all purposes under the Award and this Agreement. (b) Special Casual Employment (i) For the purposes of clause 39.13, “casual” means employment on an hourly basis for a period not exceeding four weeks in any period of engagement for which a casual loading is paid. It excludes employment undertaken in accordance with clause 39.13 (a) – Special Temporary Employment. (ii) An employee can be engaged on special casual employment provided that: both parties agree in writing to the special casual employment; employees are employed at the level commensurate to the level of the available position under this Agreement; in the case of a fixed term contract employee, the period of the casual employment is within the period of the current fixed term contract; any such period of service shall not break the employee’s continuity of service nor change the employee’s employment status in regard to their substantive employment; and any period of special casual employment shall not count as qualifying service other than with respect to entitlements a casual employee would ordinarily be entitled to for any other purpose under any relevant award, agreement or industrial instrument. (c) The provisions of this clause only apply to employment during unpaid Maternity Leave, and extended unpaid Maternity Leave taken in conjunction with Maternity Leave as provided for in clause 39.10 – Extended Unpaid Maternity Leave. (d) An employer cannot engage an employee in special temporary employment or special casual employment whilst the employee is on a period of paid Maternity Leave, annual leave, or long service leave taken concurrently with a period of unpaid Maternity Leave. (e) Effect of special temporary employment and special casual employment on unpaid Maternity Leave (i) Subject to clause 39.13 (e) (ii), a period of special temporary employment or special casual employment shall be deemed to be part of the employee’s period of unpaid Maternity Leave or extended unpaid Maternity Leave as originally agreed to by the parties. (ii) An employee who immediately resumes unpaid Maternity Leave or extended unpaid Maternity Leave following the conclusion of a period of special temporary employment or special casual employment: is entitled, on written notice, to extend their period of unpaid Maternity Leave or extended unpaid Maternity Leave by the period of time in which they were engaged in special temporary employment or special casual employment; and shall give not less than four weeks’ notice in writing to their employer of the new date they intend to return to work and so conclude their period of Maternity Leave or extended unpaid Maternity Leave. (iii) An employee who does not immediately resume their period of unpaid Maternity Leave or extended unpaid Maternity Leave at the conclusion of a period of special temporary employment or special casual employment cannot preserve the unused portion of leave for use at a later date. 39.14 Return to Work on Conclusion of Maternity Leave (a) (i) An employee shall confirm their intention in writing to conclude their Maternity Leave not less than four weeks prior to the expiration of Maternity Leave or extended unpaid Maternity Leave. (ii) An employee who intends to return to work on a modified basis in accordance with clause 39.14 (d) shall advise their employer of this intention by notice in writing not less than four weeks prior to the expiration of Maternity Leave or extended unpaid Maternity Leave. (b) An employee on return to work following the conclusion of Maternity Leave or extended unpaid Maternity Leave will be entitled to the same position or a position equivalent in pay, conditions and status and commensurate with the employee’s skill and abilities as the substantive position held immediately prior to proceeding on Maternity Leave. (c) Where an employee was transferred to a safe job or was absent from the workplace on full pay as provided for in clause 39.8 – Modification of Duties and Transfer to a Safe Job, the employee is entitled to return to the position occupied immediately prior to the transfer or their absence from the workplace on full pay. (d) Right to Return to Work on a Modified Basis (i) An employee may return on a part time or job-share basis to the substantive position occupied prior to the commencement of leave or to a different position as determined by the employer at the same classification level in accordance with the part time employment provisions of the Award and this Agreement. (ii) An employee may return on a modified basis that involves the employee working on different days or at different times, or both; or on fewer days or for fewer hours or both, than the employee worked immediately before starting Maternity Leave. (e) Right to Revert (i) An employee who has returned on a part time or modified basis in accordance with clause 39.14 (d) may subsequently request permission from the employer to resume working on the same basis as the employee worked immediately before starting Maternity Leave or full time work at the same classification level. (ii) A request made under clause 39.14 (e) (i) must be in writing and must be made at least four weeks before the day on which the employee wishes to resume working on the same basis as the employee worked immediately before starting Maternity Leave or full time work at the same classification level. (iii) An employer is to agree to a request to revert made under clause 39.14 (e) (i) unless there are grounds to refuse the request relating to the adverse effect that agreeing to the request would have on the conduct of operations or business of the employer and those grounds would satisfy a reasonable person. (iv) An employer is to give the employee written notice of the employer’s decision on a request to revert under clause 39.14 (e) (i). If the request is refused, the notice is to set out the reasons for the refusal. (v) An employee who believes their request to revert under 39.14 (e) (i) has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on the employer to demonstrate that the refusal was justified in the circumstances. (f) Employer Requirement to Revert (i) If, on finishing Maternity Leave, an employee has returned to work on a modified basis in accordance with clause 39.14 (d), the employer may subsequently require the employee to resume working on the same basis as the employee worked immediately before starting Maternity Leave. (ii) A requirement can be made under clause 39.14 (f) (i) only if: the requirement is made on grounds relating to the adverse effect that the employee continuing to work on a modified basis would have on the conduct of the operations or business of the employer and those grounds would satisfy a reasonable person; or the employee no longer has a child who has not reached the compulsory education period as defined in section 6 of the School Education Act 1999. 39.15 Effect of Maternity Leave on the Contract of Employment (a) (i) Paid Maternity Leave will count as qualifying service for all purposes under the Award and this Agreement. (ii) Qualifying service for any purpose under the Award or this Agreement is to be calculated according to the number of weeks of paid Maternity Leave that were taken at full pay or would have been had the employee not taken paid Maternity Leave at half pay. Employees who take paid Maternity Leave on half pay do not accrue Award, agreement or other entitlements beyond those that would have accrued had they taken the leave at full pay. (b) (i) Absence on unpaid Maternity Leave or extended unpaid Maternity Leave shall not break the continuity of service of employees. (ii) Where an employee takes a period of unpaid Maternity Leave or extended unpaid Maternity Leave exceeding 14 calendar days in one continuous period, the entire period of such leave shall not be taken into account in calculating the period of service for any purpose under the Award, agreement or industrial instrument. Periods of unpaid leave of 14 days or less shall, however, count for service. (c) An employee on Maternity Leave may terminate employment at any time during the period of leave by written notice in accordance with clause 16 – Contract of Employment of this Agreement. (d) An employer shall not terminate the employment of an employee on the grounds of the employee’s application for Maternity Leave or absence on Maternity Leave but otherwise the rights of the employer in respect of termination of employment are not affected. 40. ADOPTION LEAVE 40.1 This clause replaces the Parental Leave provisions contained in clause 28 – Parental Leave of the Award. 40.2 Eligibility (a) (i) A permanent, fixed term contract or eligible casual employee is entitled to 52 weeks unpaid adoption leave on the placement of a child for adoption as provided for under this clause. (ii) The period of leave granted to a fixed term contract employee shall not extend beyond the term of that contract. (iii) An employee is eligible, without concluding their adoption leave and resuming duty, for subsequent periods of adoption leave, including paid adoption leave, in accordance with the provisions of this clause. (b) A permanent or fixed term contract employee must have completed twelve months continuous service in the Western Australian public sector as defined under the Public Sector Management Act 1994 immediately preceding the adoption leave in order to receive the forms of paid leave as provided for by this clause. (c) An employee on a period of leave without pay unrelated to Maternity Leave, Adoption Leave or Other Parent Leave must resume duties prior to being entitled to paid adoption leave in accordance with the eligibility requirements. (d) An eligible casual employee as defined under clause 39.3 of the Maternity Leave clause is entitled to unpaid Adoption Leave as provided by this clause. 40.3 General entitlement to Adoption Leave (a) Subject to the requirements of this clause an eligible employee is entitled to 52 weeks unpaid Adoption Leave. (b) (i) Subject to the requirements of this clause an eligible employee is entitled to 14 weeks paid Adoption Leave that will form part of the 52 week unpaid entitlement. (ii) The 14 week period of paid Adoption Leave is inclusive of any public holidays or repealed public service days in lieu falling within that time. (iii) The period of paid Adoption Leave can be extended by the employee taking double the leave on a half-pay basis and its effect is in accordance with clause 39.15 – Maternity Leave; (c) An employee must take Adoption Leave in one continuous period with the exception of Special Temporary Employment or Special Casual Employment pursuant to clause 39.13 – Employment during Unpaid Maternity Leave. (d) Except for leave provided under clause 42 – Partner Leave only one parent can proceed on Maternity, Adoption or Other Parent Leave at any one time. (e) Where less than the 52 weeks Adoption Leave is taken paid or unpaid, the unused portion of the leave cannot be banked or preserved in any way. (f) Unpaid Adoption Leave may be taken in more than one continuous period where the employee undertakes special temporary employment or special casual employment in accordance with the provisions at clause 39.13 – Employment during Unpaid Maternity Leave. In these circumstances, the provisions of clause 39.13 – Employment during Unpaid Maternity Leave, shall apply. (g) (i) Where both employees are employed in the WA Public Sector an entitlement to paid or unpaid Maternity Leave, Adoption Leave or Other Parent Leave or Parental Leave provided for by another industrial agreement can be shared; and (ii) The entitlement provided to the employees shall not exceed the paid Maternity, Adoption or Other Parent Leave quantum for one employee or its half pay equivalent; and (iii) The employees may only proceed on paid and/or unpaid Maternity, Adoption or Other Parent Leave at the same time in exceptional circumstances with the approval of the employer or as provided for under clause 39.6 (d) of the Maternity Leave clause. This does not prevent an employee from taking paid or unpaid Partner Leave as prescribed by clause 42 of this Agreement 40.4 Payment for Paid Adoption Leave (a) (i) Subject to clause 40.4 (c) a full time employee proceeding on paid Adoption Leave is to be paid according to their ordinary working hours at the time of commencement of Adoption Leave. Shift and weekend penalty payments are not payable during paid Adoption Leave. (ii) Subject to clause 40.4 (c), payment for a part time employee is to be determined according to an average of the hours worked by the employee over the preceding twelve months; or their ordinary working hours at the time of commencement of Adoption Leave, exclusive of shift and weekend penalties, whichever is greater. An employee may elect to receive pay in advance for the period of paid Adoption Leave at the time the Adoption Leave commences, or may elect to be paid the entitlement on a fortnightly basis over the period of the paid Adoption Leave. (i) An employee in receipt of a higher duties allowance for a continuous period of twelve months immediately prior to commencing paid Adoption Leave, is to continue to receive the higher duties allowance for the first four weeks of paid Adoption Leave. (ii) An employee who is entitled to be paid higher duties allowance in accordance with clause 40.4 (c) (i) and elects to take paid Adoption Leave at half pay will be paid the higher duties allowance at the full rate for the first four weeks only. (d) Where an employee is on a period of half pay Adoption Leave and their employment is terminated through no fault of the employee, the employee shall be paid out any period of unused paid Adoption Leave equivalent to the period of leave the employee would have accessed had they been on full pay Adoption Leave when their termination occurred. (e) An employee eligible for a subsequent period of paid Adoption Leave as provided for under clause 40.2 (a) (iii) shall be paid the Adoption Leave as follows: (i) According to the employee’s status, classification and ordinary working hours at the time of commencing the original period of paid Adoption Leave; and (ii) Not affected by any period of special temporary employment or special casual employment undertaken in accordance with clause 39.13 of the Maternity Leave clause. Where less than the 52 weeks Adoption Leave is taken paid or unpaid, the unused portion of the leave cannot be banked or preserved in any way. (g) An eligible casual employee provided for under clause 40.2 (d) is not entitled to paid Adoption Leave. (h) The “day of placement”, in relation to the adoption of a child by an employee, means the earlier of the following days: (i) the day on which the employee first takes custody of the child for the adoption; (ii) the day on which the employee starts any travel that is reasonably necessary to take custody of the child for the adoption. (i) An employee is not entitled to adoption-related leave unless the child that is, or is to be, placed with the employee for adoption: (i) is, or will be, under 16 years old as at the day of placement, or the expected day of placement, of the child; and (ii) has not, or will not have, lived continuously with the employee for a period of six months or more as at the day of placement, or the expected day of placement, of the child; and . (iii) is not (otherwise than because of the adoption) a child or stepchild of the employee or the employee’s partner. (j) (i) An employee seeking to adopt a child is entitled to two days unpaid leave to attend interviews or examinations required for the adoption procedure. (ii) An employee working or residing outside of the Perth metropolitan area is entitled to an additional day’s unpaid leave. (iii) The employee may take any paid leave entitlement to which the employee is entitled to in lieu of this leave. (k) (i) If an application for adoption leave has been granted for the adoption of a child, which does not eventuate, then the period of paid or unpaid adoption leave is terminated. (ii) Employees may take any other paid leave entitlement to which they are entitled in lieu of the terminated adoption leave or return to work. 40.5 Commencement of Adoption Leave (a) An eligible employee can commence adoption leave from the day of placement of the child. (b) The period of paid adoption leave must conclude within twelve months of the day of placement except under exceptional circumstances as provided under clause 39.7 (e) of the Maternity Leave clause, but as it relates to Adoption Leave. 40.6 Notice and Variation Requirements (a) An employee shall give no less than eight weeks written notice to the employer of: (i) the date the employee proposes to commence paid or unpaid Adoption Leave; and (ii) the period of leave to be taken. (b) An employee is not in breach of clause 40.6 (a) by failing to give the required period of notice if such failure is due to the requirement of the adoption agency to accept earlier or later placement of a child, or other compelling circumstances. (c) An employee proceeding on adoption leave may elect to take a shorter period of adoption leave to that provided by this clause and may at any time during that period elect to reduce or seek to extend the period stated in the original application, provided four weeks written notice is provided. 40.7 Other Provisions The following provisions, as provided under clause 39 – Maternity Leave have application to Adoption Leave: (a) Clause 39.9 – Interaction with Other Leave Entitlements; (b) Clause 39.10 – Extended Unpaid Maternity Leave; (c) Clause 39.11 – Communication during Maternity Leave; (d) Clause 39.12 – Replacement Employee; (e) Clause 39.13 – Employment during Unpaid Maternity Leave; (f) Clause 39.14 – Return to Work on Conclusion of Maternity Leave; and (g) Clause 39.15 – Effect of Maternity Leave on the Contract of Employment. 41. OTHER PARENT LEAVE 41.1 (a) This clause replaces the Parental Leave provisions, contained in clause 28 – Parental Leave of the Award. (b) For the purposes of this clause: (i) The “other parent” may or may not be the biological parent, and does not necessarily have to be the partner of the birth parent and is the primary care giver of the child. (ii) The “primary care giver” means the employee will assume the principal role for the care and attention of a child aged under twelve months or a newly adopted child. (iii) Only one person can be the primary care giver of the child at any one time. 41.2 Eligibility (a) (i) Where an eligible employee, other than an employee entitled to paid Maternity Leave under clause 39.3 or Adoption Leave under clause 40.2, is the other parent and primary care giver of a child under the age of twelve months or newly adopted child the provisions of this clause will apply. (ii) An employer may require an employee to provide confirmation of their primary carer status with evidence that would satisfy a reasonable person. (b) An eligible casual employee, as defined under clause 39.3 of the Maternity Leave clause, is entitled to unpaid Other Parent Leave as provided by this clause. (c) (i) A permanent, fixed term contract or eligible casual employee is entitled to 52 weeks unpaid Other Parent Leave in accordance with this clause. (ii) An eligible permanent or fixed term contract employee is entitled to 14 weeks paid Other Parent Leave in accordance with this clause. (iii) An employee employed on a fixed term contract shall have the same entitlement to Other Parent Leave; however, the period of leave granted shall not extend beyond the term of that contract. (iv) An employee is eligible, without concluding their Other Parent Leave and resuming duty, for subsequent periods of Other Parent Leave, including paid Other Parent Leave, in accordance with the provisions of this clause. (d) A permanent or fixed term contract employee must have completed twelve months continuous service in the Western Australian public sector as defined under the Public Sector Management Act 1994 immediately preceding the Other Parent Leave in order to receive the forms of paid leave as provided for by this clause. (e) An employee on a period of leave without pay unrelated to Maternity Leave, Adoption Leave or Other Parent Leave must resume duties prior to being entitled to paid Other Parent Leave in accordance with the eligibility requirements. 41.3 General Entitlement to Other Parent Leave (a) Subject to the requirements of this clause an eligible employee is entitled to 52 weeks unpaid Other Parent Leave. (b) (i) Subject to the requirements of this clause an eligible employee is entitled to 14 weeks paid Other Parent Leave that will form part of the 52 week unpaid entitlement. (ii) The 14 week period of paid Other Parent Leave is inclusive of any public holidays or repealed public service days in lieu falling within that time. (iii) The period of paid Other Parent Leave can be extended by the employee taking double the leave on a half-pay basis and in its effect is in accordance with clause 39.15 – Effect of Maternity Leave on the Contract of Employment. (c) An employee must take Other Parent Leave in one continuous period with the exception of Special Temporary Employment or Special Casual Employment pursuant to clause 39.13 – Employment during Unpaid Maternity Leave. (d) Except for leave provided under clause 42 – Partner Leave only one parent can proceed on Maternity, Adoption or Other Parent Leave at any one time. (e) Where less than the 52 weeks Other Parent Leave is taken paid or unpaid, the unused portion of the leave cannot be banked or preserved in any way. (f) Unpaid Other Parent Leave may be taken in more than one continuous period where the employee undertakes special temporary employment or special casual employment in accordance with the provisions at clause 39.13 – Employment during Unpaid Maternity Leave. In these circumstances, the provisions of clause 39.13 – Employment during Unpaid Maternity Leave, shall apply. (g) (i) Where both employees are employed in the WA Public Sector an entitlement to paid or unpaid Maternity Leave, Adoption Leave or Other Parent Leave or Parental Leave provided for by another industrial agreement can be shared; and (ii) The entitlement provided to the employees shall not exceed the paid Maternity, Adoption or Other Parent Leave quantum for one employee or its half pay equivalent; and (iii) The employees may only proceed on paid and/or unpaid Maternity, Adoption or Other Parent Leave at the same time in exceptional circumstances with the approval of the employer or as provided for under clause 41.3 (i). This does not prevent an employee from taking paid or unpaid Partner Leave as prescribed by clause 42 of this Agreement (h) An eligible casual employee provided for under clause 39.2 (b) of the Maternity Leave clause is entitled to unpaid Other Parent Leave only. (i) If both parents work in the public sector and the mother is able to remain on paid Maternity Leave despite her incapacity to be her child’s principal care giver, the employees may choose which parent will access the paid leave. (i) If the mother chooses to remain on paid Maternity Leave, the other parent may access unpaid Other Parent Leave for the period they are their child’s principal care giver. (ii) If the other parent chooses to be the primary care giver of the child and accesses paid Other Parent Leave the mother may access unpaid Maternity Leave. (iii) Where the other parent accesses paid leave in accordance with this subclause, the mother is entitled to resume paid Maternity Leave if/when she becomes her child’s principal care giver, subject to the provisions of clause 41.3 (i). 41.4 Payment for Paid Other Parent Leave (a) (i) Subject to clause 41.4 (c) a full time employee proceeding on paid Other Parent Leave is to be paid according to their ordinary working hours at the time of commencement of Other Parent Leave. Shift and weekend penalty payments are not payable during paid Other Parent Leave. Subject to clause 41.4 (c), payment for a part time employee is to be determined according to an average of the hours worked by the employee over the preceding twelve months; or their ordinary working hours at the time of commencement of Other Parent Leave, exclusive of shift and weekend penalties, whichever is greater. (b) An employee may elect to receive pay in advance for the period of paid Other Parent Leave at the time the Other Parent Leave commences, or may elect to be paid the entitlement on a fortnightly basis over the period of the paid Other Parent Leave. (c) (i) An employee in receipt of a higher duties allowance for a continuous period of twelve months immediately prior to commencing paid Other Parent Leave, is to continue to receive the higher duties allowance for the first four weeks of paid Other Parent Leave. (ii) An employee who is entitled to be paid higher duties allowance in accordance with clause 41.4 (c) (i) and elects to take paid Other Parent Leave at half pay will be paid the higher duties allowance at the full rate for the first four weeks only. (d) An employee is entitled to remain on paid Other Parent Leave if the pregnancy results in other than a live child; or the mother is incapacitated following the birth of the child; or the child dies or is hospitalised such that the employee or the employee’s partner is not providing principal care to the child. (e) Where an employee is on a period of half pay Other Parent Leave and their employment is terminated through no fault of the employee, the employee shall be paid out any period of unused paid Other Parent Leave equivalent to the period of leave the employee would have accessed had they been on full pay Other Parent Leave when their termination occurred. (f) An employee eligible for a subsequent period of paid Other Parent Leave as provided for under clause 41.2 (c) (iv) shall be paid the Other Parent Leave as follows: (i) According to the employee’s status, classification and ordinary working hours at the time of commencing the original period of paid Other Parent Leave; and (ii) Not affected by any period of special temporary employment or special casual employment undertaken in accordance with clause 39.13 – Employment during Unpaid Maternity Leave. (g) Where less than the 52 weeks Other Parent Leave is taken paid or unpaid, the unused portion of the leave cannot be banked or preserved in any way. (h) An eligible casual employee provided for under clause 39.3 (b) of the Maternity Leave clause is not entitled to paid Other Parent Leave. 41.5 Commencement of Other Parent Leave (a) An eligible employee identified as the primary care giver of the child can commence Other Parent Leave from the child’s birth date or placement, or a later date nominated by the employee. (b) The period of paid Other Parent Leave must conclude within twelve months of the birth or placement of the child except under exceptional circumstances as per clause 39.7 (e) of the Maternity Leave clause, but as it relates to Other Parent Leave. 41.6 Notice and Variation Requirements (a) An employee shall give no less than eight weeks written notice to the employer of: the date the employee proposes to commence paid or unpaid Other Parent Leave; and (ii) the period of leave to be taken. (b) (i) An employee is not in breach of clause 41.6 (a) by failing to give the required period of notice if such failure is due to the requirement of the employee to take on the role of primary care giver due to the birth parent or other adoptive parent being incapacitated to take on the principal caring role. (ii) In such circumstances the employee shall give notice as soon as reasonably possible. (c) The granting of leave under this clause is subject to the employee providing the employer with evidence that would satisfy a reasonable person detailing the reasons for and the circumstances under which the leave application is made and the relationship the employee has with the child. (d) An employee proceeding on Other Parent Leave may elect to take a shorter period of Other Parent Leave to that provided by this clause and may at any time during that period elect to reduce or seek to extend the period stated in the original application, provided four weeks written notice is provided. 41.7 Other Provisions The following provisions, as provided under clause 39 – Maternity Leave have application to Other Parent Leave: (a) Clause 39.9 – Interaction with Other Leave Entitlements; (b) Clause 39.10 – Extended Unpaid Maternity Leave; (c) Clause 39.11 – Communication during Maternity Leave; (d) Clause 39.12 – Replacement Employee; (e) Clause 39.13 – Employment during Unpaid Maternity Leave; (f) Clause 39.14 – Return to Work on Conclusion of Maternity Leave; and (g) Clause 39.15 – Effect of Maternity Leave on the Contract of Employment. 42. PARTNER LEAVE 42.1 An employee who is not taking Maternity leave, Adoption Leave or Other Parent Leave is entitled to one week’s partner leave as prescribed by this clause in respect of the: birth of a child to the employee’s partner; or adoption of a child who is not the natural child or the stepchild of the employee and/or the employee’s partner; is under the age of 16; and has not lived continuously with the employee for six months or longer. 42.2 Subject to available credits, the entitlement to one week’s partner leave may be taken as: (a) paid personal leave, subject to clause 42.8; (b) paid annual and/or long service leave; (c) paid accrued time off in lieu of overtime, flexi leave and/or banked hours; and/or (d) unpaid partner leave. 42.3 Partner leave must be taken immediately following the birth or, in the case of adoption, the placement of the child. 42.4 (a) Subject to clause 42.4 (b), the taking of partner leave by an employee shall have no effect on their or their partner’s entitlement, where applicable, to access paid Maternity leave as provided by clause 39 – Maternity Leave, paid Adoption Leave as provided by clause 40 – Adoption Leave and paid Other Parent Leave as provided by clause 41 – Other Parent Leave of this Agreement. (b) Where applicable, unpaid partner leave taken by an employee shall be counted as part of the employee’s unpaid Other Parent Leave entitlement. 42.5 Any public holidays or days in lieu of the repealed public service holidays that fall during partner leave shall be counted as part of the partner leave and do not extend the period of partner leave. 42.6 The taking of accrued time off in lieu of overtime, flexi leave and/or banked hours for partner leave purposes shall be subject to the provisions of clause 27 – Hours of Work and clause 28 – Overtime of this Agreement, where applicable. Personal Leave 42.7 An employee may access their accrued personal leave entitlements for partner leave purposes, subject to the requirements of the Minimum Conditions of Employment Act 1993 being met. That is, a minimum of 76 hours personal leave must be kept available for an employee to access for the purposes of an employee’s entitlement to paid leave for illness or injury; or carer’s leave. 42.8 The right to access personal leave credits for partner leave purposes does not affect an employee’s right to take more than five days personal leave for the purposes provided for in clause 36 – Personal Leave of this Agreement. Right to Request Additional Unpaid Partner Leave 42.9 (a) The total period of partner leave provided by this clause shall not exceed eight weeks. (b) An employee is entitled to request an extension to the period of partner leave up to a maximum of eight weeks. The additional weeks shall be unpaid and the eight week maximum is inclusive of any period of partner leave already taken in accordance with clause 42.2. 42.10 (a) The extended unpaid partner leave may be taken in separate periods, but, unless the employer agrees, each period must not be shorter than two weeks. (b) The period of extended unpaid partner leave must be concluded within twelve months of the birth of the child. 42.11 Main Roads is to agree to an employee’s request to extend their unpaid partner leave made under clause 42.9 (b) unless: (a) having considered the employee’s circumstances, Main Roads is not satisfied that the request is genuinely based on the employee’s parental responsibilities; or (b) there are grounds to refuse the request relating to the adverse effect that agreeing to the request would have on the conduct of operations or business of Main Roads and those grounds would satisfy a reasonable person. These grounds include, but are not limited to: (i) cost; (ii) lack of adequate replacement staff; (iii) loss of efficiency; and (iv) impact on the production or delivery of products or services by Main Roads. 42.12 Main Roads is to give the employee written notice of Main Roads’ decision on a request to extend their unpaid partner leave. If the employee’s request is refused, the notice is to set out the reasons for the refusal. 42.13 An employee who believes their request to extend unpaid partner leave has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on Main Roads to demonstrate that the refusal was justified in the circumstances. 42.14 Where Main Roads agrees to an employee’s request to extend their period of unpaid partner leave under clause 42.9, Main Roads must allow an employee to elect to substitute any part of that period of unpaid partner leave with accrued annual leave, long service leave, time off in lieu of overtime, flexi leave and/or banked hours. 42.15 An employee on unpaid partner leave is not entitled to paid personal leave. Notice 42.16 (a) The employee shall give not less than four weeks’ notice in writing to Main Roads of the date the employee proposed to commence partner leave, stating the period of leave to be taken. (b) An employee who has given Main Roads notice of their intention to take partner leave shall provide Main Roads with a medical certificate from a registered medical practitioner naming the employee, or the employee’s partner, confirming the pregnancy and the estimated date of birth. Effect of Partner Leave on the Contract of Employment 42.17 The provisions of clause 39.11 of the Maternity Leave clause of this Agreement concerning the effect of partner leave on the contract of employment shall apply to employees accessing partner leave, with such amendment as necessary. Eligible Casual Employees 42.18 An eligible casual employee, as defined in clause 39.2 – Maternity Leave of this Agreement, is only entitled to unpaid partner leave. 43. UNPAID GRANDPARENTAL LEAVE 43.1 For the purposes of this clause “primary care giver” means the employee who will assume the principal role for the care and attention of a grandchild. 43.2 An employee is entitled to a period of up to 52 weeks continuous unpaid grandparental leave in respect of the: birth of a grandchild of the employee; or adoption of a grandchild of the employee, being a child who is not the natural grandchild or grand-stepchild of the employee, is under the age of five and has not lived continuously with its adoptive parents for six months or longer. Primary Care Giver Status 43.3 (a) An employee is only entitled to grandparental leave if they are or will be the primary care giver of a grandchild. (b) Determination of primary care giver status shall be made by reference to the provision of care during what would be the employee’s ordinary hours of work had the employee not been providing care to their grandchild. (c) Main Roads may require an employee to provide confirmation of their primary care giver status. Where Main Roads requires an employee to confirm their status as the primary care giver of a grandchild, the employee is to provide Main Roads with evidence that would satisfy a reasonable person of the entitlement to unpaid grandparental leave. Commencement, Notice and Variation of Leave 43.4 Commencement of unpaid grandparental leave may occur any time within 24 months following the birth or placement of the employee’s grandchild. 43.5 (a) The employee shall give not less than four weeks’ notice in writing to Main Roads of the date the employee proposes to commence unpaid grandparental leave, stating the period of leave to be taken. (b) The notice period in clause 43.5 may be waived by Main Roads in exceptional circumstances. 43.6 An employee may request and Main Roads may agree to an employee taking grandparental leave on a part time basis provided: the employee is their grandchild’s primary care giver on those days for which care is provided by the employee; and the employee’s leave concludes no later than 52 weeks after the commencement of the period of grandparental leave. Other Entitlements 43.7 The following provisions contained in clause 39 – Maternity Leave of this Agreement shall be read in conjunction with this clause, with such amendment as is necessary. (a) Clause 39.6 (a), and clause 39.6 (b) (i) and (ii) – Communication during Maternity Leave. (b) Clause 39.7 – Replacement Employee. (c) Clauses 39.9 (a) (ii) and 39.9 (b) – Return to Work on Conclusion of Maternity Leave. (d) Clause 39.10 – Effect of Maternity Leave on the Contract of Employment. 43.8 The entitlement to grandparental leave is as prescribed in this clause. Other than as specified in clause 43.7, an employee has no entitlement to the provisions contained in clause 39 – Maternity Leave in this Agreement with respect to the birth or adoptive placement of their grandchild. 44. CEREMONIAL OR CULTURAL LEAVE 44.1 Cultural/ceremonial leave shall be available to all employees. 44.2 Such leave shall include leave to meet the employee’s customs, traditional law and to participate in cultural and ceremonial activities. 44.3 Employees are entitled to time off without loss of pay for cultural/ceremonial purposes, subject to agreement between Main Roads and employee and sufficient leave credits being available. 44.4 Main Roads will assess each application for ceremonial/cultural leave on its merits and give consideration to the personal circumstances of the employee seeking the leave. 44.5 Main Roads may request reasonable evidence of the legitimate need for the employee to be allowed time off. 44.6 Cultural/ceremonial leave may be taken as whole or part days off. Each day or part thereof, shall be deducted from: (a) the employee’s annual leave entitlements (b) the employee’s accrued long service leave entitlements, but in full days only. (c) accrued days off or time in lieu; or (d) short leave when entitlements under subclauses (a), (b) and (c) have been fully exhausted. 44.7 Time off without pay may be granted by arrangement between Main Roads and the employee for cultural/ceremonial purposes. 45. BLOOD/PLASMA DONORS LEAVE 45.1 Subject to operational requirements, employees shall be entitled to absent themselves from the workplace in order to donate blood or plasma in accordance with the following general conditions: prior arrangements with the supervisor have been made and at least two (2) days’ notice has been provided; or the employee is called upon by the Red Cross Blood Centre. 45.2 The notification period shall be waived or reduced where the supervisor is satisfied that operations would not be unduly affected by the employee’s absence. 45.3 The employee shall be required to provide proof of attendance at the Red Cross Blood Centre upon return to work. 45.4 Employees shall be entitled to two (2) hours of paid leave per donation for the purpose of donating blood to the Red Cross Blood Centre. 46. EMERGENCY SERVICE LEAVE 46.1 Subject to operational requirements, paid leave of absence shall be granted by Main Roads to an employee who is an active volunteer member of State Emergency Service Units, St John Ambulance Brigade, Volunteer Fire and Rescue Service Brigades, Bush Fire Brigades, Volunteer Marine Rescue Services Groups or FESA Units, in order to allow for attendance at emergencies as declared by the recognised authority and for training. 46.2 Main Roads shall be advised as soon as possible by the employee, the emergency service, or other person as to the absence and, where possible, the expected duration of leave. 46.3 The employee must complete a leave of absence form immediately upon return to work. 46.4 The application form must be accompanied by a certificate from the emergency organisation certifying that the employee was required for the specified period. 46.5 An employee, who during the course of an emergency, volunteers their services to an emergency organisation, shall comply with subclauses 46.2, 46.3 and 46.4 of this clause. 47. UNION FACILITIES FOR UNION REPRESENTATIVES 47.1 Main Roads recognises the rights of the union to organise and represent its members. Union representatives in the agency have a legitimate role and function in assisting the union in the tasks of recruitment, organising, communication and representing members’ interests in the workplace, agency and union electorate. 47.2 Main Roads recognises that, under the union’s rules, union representatives are members of an Electorate Delegates Committee representing members within a union electorate. A union electorate may cover more than one agency. 47.3 Main Roads will recognise union representatives in the agency and will allow them to carry out their role and functions. 47.4 The union will advise Main Roads in writing of the names of the union representatives in the agency. 47.5 Main Roads shall recognise the authorisation of each union representative in the agency and shall provide them with the following: (a) Paid time off from normal duties to perform their functions as a union representative such as organising, recruiting, individual grievance handling, collective bargaining, involvement in the electorate delegates committee and to attend union business in accordance with clause 48. – Leave to Attend Union Business. (b) Access to facilities required for the purpose of carrying out their duties. Facilities may include but not be limited to, the use of filing cabinets, meeting rooms, telephones, fax, email, internet, photocopiers and stationery. Such access to facilities shall not unreasonably affect the operation of the organisation and shall be in accordance with normal agency protocols. (c) A noticeboard for the display of union materials including broadcast email facilities. (d) Paid access to periods of leave for the purpose of attending union training courses in accordance with Clause 49. – Trade Union Training Leave. Country representatives will be provided with appropriate travel time. (e) Notification of the commencement of new employees, and as part of their induction, time to discuss the benefits of union membership with them. (f) Access to awards, agreements, policies and procedures. (g) The names of any Equal Employment Opportunity and Occupational Health, Safety and Welfare representatives. 47.6 Main Roads recognises that it is paramount that union representatives in the workplace are not threatened or disadvantaged in any way as a result of their role as a union representative. 48. LEAVE TO ATTEND UNION BUSINESS 48.1 Main Roads shall grant paid leave at the ordinary rate of pay during normal working hours to an employee: (a) who is required to attend or give evidence before any Industrial Tribunal; (b) who as a Union-nominated representative is required to attend any negotiations and/or proceedings before an Industrial Tribunal and/or meetings with Ministers of the Crown, their staff or any other representative of Government; (c) when prior arrangement has been made between the Union and Main Roads for the employee to attend official Union meetings preliminary to negotiations and/or Industrial Tribunal proceedings; and (d) who as a Union-nominated representative is required to attend joint union/management consultative committees or working parties. 48.2 The granting of leave is subject to convenience and shall only be approved: (a) where reasonable notice is given for the application for leave; (b) for the minimum period necessary to enable the union business to be conducted or evidence to be given; and (c) for those employees whose attendance is essential. 48.3 Main Roads shall not be liable for any expenses associated with an employee attending to union business. 48.4 Leave of absence granted under this clause shall include any necessary travelling time in normal working hours. 48.5 An employee shall not be entitled to paid leave to attend to union business other than as prescribed by this Clause. 48.6 The provisions of the Clause shall not apply to: (a) special arrangements made with the union which provide for unpaid leave for employees to conduct union business; (b) when an employee is absent from work without the approval of Main Roads; and (c) casual employees. 49. TRADE UNION TRAINING LEAVE 49.1 Subject to Main Roads’ convenience and the provisions of this clause: (a) Main Roads shall grant paid leave of absence during normal working hours to employees who are nominated by the Union to attend short courses relevant to the public sector or the role of union workplace representative, conducted by the Civil Service Association. (b) Main Roads shall grant paid leave of absence during normal working hours to attend similar courses or seminars as from time to time approved by agreement between Main Roads and the Union. 49.2 An employee shall be granted up to a maximum of five (5) days paid leave per calendar year for trade union training or similar courses or seminars as approved. However, leave of absence in excess of five (5) days and up to ten (10) days may be granted in any one calendar year provided that the total leave being granted in that year and in the subsequent year does not exceed ten (10) days. (a) Leave of absence will be granted at the ordinary rate of pay and shall not include shift allowances, penalty rates or overtime. (b) Where a Public Holiday or rostered day off falls during the duration of a course, a day off in lieu of that day will not be granted. (c) Subject to paragraph 49.3 (a) of this clause, shift workers attending a course shall be deemed to have worked the shifts they would have worked had leave not been taken to attend the course. (d) Part-time employees shall receive the same entitlement as full-time employees, but payment shall only be made for those hours that would normally have been worked but for the leave. 49.3 (a) Any application by an employee shall be submitted to Main Roads for approval at least four weeks before the commencement of the course unless Main Roads agrees otherwise. (b) All applications for leave shall be accompanied by a statement from the union indicating that the employee has been nominated for the course. The application shall provide details as to the subject, commencement date, length of course, venue and the authority, which is conducting the course. 49.4 A qualifying period of twelve months service shall be served before an employee is eligible to attend courses or seminars of more than a half-day duration. Main Roads may, where special circumstances exist, approve an application to attend a course or seminar where an employee has less than twelve months service. 49.5 (a) Main Roads shall not be liable for any expenses associated with an employee’s attendance at trade union training courses. (b) Leave of absence granted under this clause shall include any necessary travelling time in normal working hours immediately before or after the course. 50. DEFENCE FORCE RESERVES LEAVE 50.1 Main Roads must grant leave of absence for the purpose of Defence service to an employee who is a volunteer member of the Defence Force Reserves or the Cadet Force. Defence service means service, including training, in a part of the Reserves or Cadet Force. 50.2 Leave of absence may be paid or unpaid in accordance with the provisions of this clause. 50.3 Application for leave of absence for Defence service shall, in all cases, be accompanied by evidence of the necessity for attendance. At the expiration of the leave of absence granted, the employee shall provide a certificate of attendance to Main Roads. 50.4 Paid Leave (a) An employee who is a volunteer member of the Defence Force Reserves or the Cadet Force is entitled to paid leave of absence for Defence service, subject to the conditions set out hereunder. (b) Part-time employees shall receive the same paid leave entitlement as full-time employees, but payment shall only be made for those hours that would normally have been worked but for the leave. (c) On written application, an employee shall be paid salary in advance when proceeding on such leave. (d) Casual employees are not entitled to paid leave for the purpose of Defence service. (e) An employee is entitled to paid leave for a period not exceeding 105 hours on full pay in any period of twelve months commencing on 1 July in each year. (f) An employee is entitled to a further period of leave, not exceeding 16 calendar days, in any period of twelve months commencing on July 1. Pay for this leave shall be at the rate of the difference between the normal remuneration of the employee and the Defence Force payments to which the employee is entitled if such payments do not exceed normal salary. In calculating the pay differential, pay for Saturdays, Sundays, Public Holidays and rostered days off is to be excluded, and no account is to be taken of the value of any board or lodging provided for the employee. 50.5 Unpaid Leave (a) Any leave for the purpose of Defence service that exceeds the paid entitlement prescribed in subclause (4) of this clause shall be unpaid. (b) Casual employees are entitled to unpaid leave for the purpose of Defence service. 50.6 Use of Other Leave (a) An employee may elect to use annual or long service leave credits for some or all of their absence on Defence service, in which case they will be treated in all respects as if on normal paid leave. (b) An employer cannot compel an employee to use annual leave or long service leave for the purpose of Defence service. 51. WITNESS AND JURY SERVICE Witness 51.1 An employee subpoenaed or called as a witness to give evidence in any proceeding shall as soon as practicable notify the manager/supervisor who shall notify Main Roads. 51.2 Where an employee is subpoenaed or called as a witness to give evidence in an official capacity that employee shall be granted by Main Roads leave of absence with pay, but only for such period as is required to enable the employee to carry out duties related to being a witness. If the employee is on any form of paid leave, the leave involved in being a witness will be reinstated, subject to the satisfaction of Main Roads. The employee is not entitled to retain any witness fee but shall pay all fees received into Consolidated Fund. The receipt for such payment with a voucher showing the amount of fees received shall be forwarded to Main Roads. 51.3 An employee subpoenaed or called as a witness to give evidence in an official capacity shall, in the event of non-payment of the proper witness fees or travelling expenses as soon as practicable after the default, notify Main Roads. 51.4 An employee subpoenaed or called, as a witness on behalf of the Crown, not in an official capacity shall be granted leave with full pay entitlements. If the employee is on any form of paid leave, this leave shall not be reinstated as such witness service is deemed to be part of the employee's civic duty. The employee is not entitled to retain any witness fees but shall pay all fees received into Consolidated Fund. 51.5 An employee subpoenaed or called as a witness under any other circumstances other than specified in subclauses 51.2 and 51.4 shall be granted leave of absence without pay except when the employee makes an application to clear accrued leave in accordance with Award provisions. Jury 51.6 An employee required to serve on a jury shall as soon as practicable after being summoned to serve, notify the supervisor/manager who shall notify Main Roads. 51.7 An employee required to serve on a jury shall be granted by Main Roads leave of absence on full pay, but only for such period as is required to enable the employee to carry out duties as a juror. 51.8 An employee granted leave of absence on full pay as prescribed in subclause 51.6 is not entitled to retain any juror's fees but shall pay all fees received into Consolidated Fund.  The receipt for such payment shall be forwarded with a voucher showing the amount of juror's fees received to Main Roads. 52. BEREAVEMENT LEAVE 52.1 Employees including casuals shall on the death of: the employee’s partner; a child, step-child or grandchild of the employee (including an adult child, step-child or grandchild); a parent, step-parent or grandparent of the employee; a brother, sister, step brother or step sister of the employee; or any other person who, immediately before that person's death, lived with the employee as a member of the employee's household; be eligible for up to two (2) days paid bereavement leave, provided that at the request of an employee Main Roads may exercise a discretion to grant bereavement leave to an employee in respect of some other person with whom the employee has a special relationship. 52.2 The two (2) days need not be consecutive. 52.3 Bereavement leave is not to be taken during any other period of leave. 52.4 Payment of such leave may be subject to the employee providing evidence of the death or relationship to the deceased, satisfactory to Main Roads. 52.5 An employee requiring more than two days bereavement leave in order to travel interstate or overseas in the event of the death interstate or overseas of a member of the employee's immediate family may, upon providing adequate proof, in addition to any bereavement leave to which the employee is eligible, have immediate access to annual leave and/or accrued long service leave in daily multiples and/or leave without pay provided all accrued leave is exhausted. Refer to clause 62.7 for travel time related to bereavement leave. 53. PROFESSIONAL DEVELOPMENT LEAVE 53.1 Professional Development Leave At Main Roads’ discretion professional development leave for up to 12 months may be provided to an employee to increase their expertise. This will be subject to the development being relevant to the employee’s area of expertise and to Main Roads’ needs. Leave may be paid or unpaid depending on individual circumstances. Assistance may also be provided with fees and other expenses. Conditions for each individual case will be negotiated between Main Roads and the employee. Agreed conditions will be confirmed in writing by Main Roads and signed by the employee. 53.2 Professional Conference and Workshop Assistance Main Roads may assist with travel and accommodation expenses, and provide study leave, to employees travelling at their own expense who wish to participate in a conference, workshop or other learning and development opportunity. PART F ALLOWANCES 54. HIGHER DUTIES ALLOWANCE This clause replaces subclauses (6), (7) and (8) of clause 19 – Higher Duties Allowance of the Award. 54.1 An employee who is directed by Main Roads to act in an office which is classified higher than the employee’s own substantive office and who performs the full duties and accepts the full responsibility of the higher office for a continuous period of five (5) consecutive working days or more, shall, subject to the provisions of this clause, be paid an allowance equal to the difference between the employee’s own salary and the salary the employee would receive if the employee was permanently appointed to the office in which the employee is so directed to act. Provided that where the hours of duty of an employee performing shift work are greater than 7½ hours per day as provided for in paragraph (3)(a) of Clause 21. – Shift Work Allowance of the Award the allowance shall be payable after the completion of 37½ consecutive working hours in the higher classified position. This period shall not include any time worked as overtime. 54.2 Where the full duties of a higher office are temporarily performed by two (2) or more employees they shall each be paid an allowance as determined by Main Roads. 54.3 An employee who is directed to act in a higher classified office but who is not required to carry out the full duties of the position and/or accept the full responsibilities, shall be paid such proportion of the allowance provided for in subclause (1) of this clause as the duties and responsibilities performed bear to the full duties and responsibilities of the higher office. Provided that the employee shall be informed, prior to the commencement of acting in the higher classified office, of the duties to be carried out, the responsibilities to be accepted and the allowance to be paid. The allowance paid may be adjusted during the period of higher duties. 54.4 Where an employee who has qualified for payment of higher duties allowance under this clause is required to act in another office or other offices classified higher than the employee’s own for periods less than five consecutive working days without any break in acting service, such employee shall be paid a higher duties allowance for such periods: provided that payment shall be made at the highest rate the employee has been paid during the term of continuous acting or at the rate applicable to the office in which the employee is currently acting - whichever is the lesser. 54.5 Where an employee is directed to act in an office which has an incremental range of salaries such an employee shall be entitled to receive an increase in the higher duties allowance equivalent to the annual increment the employee would have received had the employee been permanently appointed to such office; provided that acting service with allowances for acting in offices for the same classification or higher than the office during the eighteen (18) months preceding the commencement of such acting shall aggregate as qualifying service towards such an increase in the allowance. Annual Leave 54.6 Where an employee who is in receipt of an allowance granted under this clause and has been so for a continuous period of twelve months or more, proceeds on any period of paid leave and: resumes in the office immediately on return from leave, the employee shall continue to receive the allowance for the period of leave; or does not resume in the office immediately on return from leave, the employee shall continue to receive the allowance for the period of leave accrued during the period of higher duties. 54.7 Where an employee who is in receipt of an allowance granted under this clause and has been so for less than twelve months, proceeds on a period of paid leave, whether in excess of the normal entitlement or not, the employee shall continue to receive the allowance for the period of normal leave provided that: During the employee’s absence, no other employee acts in the office in which the employee was acting immediately prior to proceeding on leave; and The employee resumes in the office immediately on return from leave. 54.8 For the purpose of 54.7 the expression ‘normal leave’ means the period of paid leave an employee would accrue in twelve months. It shall also include any public holidays and leave in lieu accrued during the preceding twelve months taken in conjunction with such paid leave. Part Time Higher Duties Allowance Arrangement 54.9 Where a part time employee acts in a higher office, the allowance shall be payable after the completion of 37.5 hours of service in that position. The 37.5 hours service in the higher position must be worked consecutively according to the hours the part time employee normally works. 54.10 Where the higher office is a part time position, the allowance shall be payable after the completion of 37.5 hours service in that position. The 37.5 hours service in the higher position must be worked consecutively according to the normal working hours of the part time position for which the allowance is being paid. 55. PROTECTIVE AND WORK CLOTHING 55.1 An employee engaged on work which requires the provision of protective clothing shall be: (a) provided with the requisite protective clothing, with the laundering costs for such protective clothing being at the expense of the employer; or (b) provided with an annual allowance of $280, which shall incorporate the cost of purchase and laundry of the requisite protective clothing. Provided that nothing contained in this clause shall affect the obligations of the employer to provide clothing pursuant to the Occupational Safety and Health Act 1984. 55.2 Work clothing is provided in accordance with Main Roads Corporate Wardrobe Policy and Procedures. 56. USING TELEPHONES FOR MAIN ROADS BUSINESS 56.1 If the employee is required to use their own telephone for Main Roads business they will be reimbursed the call costs and receive 1/52 of the annual rental for each seven (7) calendar days or part thereof that they are required to use their telephone for Main Roads business. 56.2 Out of Hours Phone Contact This subclause shall apply to a salaried employee who agrees in writing to remain contactable via mobile phone, and in a reasonably fit state, for the purposes of receiving urgent, regular calls and to provide appropriate advice. The employee shall receive an hourly allowance at the rate of one third (1/3) ‘availability’ rate specified in the Award. Where the employee reasonably determines, due to the nature of the emergency, that it is essential to return to the place of work, the employee shall receive payments at the applicable overtime rates in accordance with the provisions of the Award. An employee may withdraw from the ‘contact’ arrangement by giving 14 calendar days prior written notice to Main Roads. 57. DISTRICT ALLOWANCE 57.1 Employees of Main Roads shall be entitled to District Allowance in accordance with the provisions contained within the District Allowance (Government Officers) General Agreement 2010, or its replacement. 57.2 Clauses 57.3 to 57.6 of this Agreement replace clauses 9.1.4 and 9.1.5 of the District Allowance (Government Officers) General Agreement 2010 respectively. 57.3 When an employee is on approved annual leave, the employee shall for the period of such leave, be paid the District Allowance to which the employee would ordinarily be entitled. 57.4 When an employee is on approved personal leave or bereavement leave, the employee shall for the period of such leave, be paid the District Allowance to which they employee would ordinarily be entitled to a maximum of two weeks unless the employee, employee’s dependent/s or partial dependent/s remain in the District. Where the employee, employee’s dependent/s or partial dependent/s remain in the District, the District Allowance will continue to be paid. 57.5 Notwithstanding clause 57.4, Main Roads may approve payment of a District Allowance for an employee on approved personal leave in excess of two weeks where Main Roads considers the payment being justified by the circumstances. 57.6 Except as otherwise provided in this clause, when an officer is on long service leave or other approved leave with pay the employee shall only be paid District Allowance for the period of such leave if the employee, dependent/s or partial dependent/s remain in the District in which the employee’s headquarters are situated. 57.7 The parties agree that any increase to District Allowance rates resulting from negotiations between the Government and public sector unions for a replacement for the District Allowance (Government Officers) General Agreement 2010 will be payable as per that replacement District Allowance General Agreement. 58. SHIFT WORK ALLOWANCE 58.1 In this Clause the following expressions shall have the following meaning: “Day shift” means a shift commencing at or after 6.00 am and before 12.00 noon. “Afternoon shift” means a shift commencing at or after 12.00 noon and before 6.00 pm. “Night shift” means a shift commencing at or after 6.00pm and at or before 5.59 am. “Public holiday” shall mean a holiday provided in Clause 35 – Public Holidays of this Agreement. 58.2 An employee required to work an afternoon shift will, in addition to the ordinary rate of salary, be paid an allowance in accordance with the following formula for each hour so worked: Annual Salary : 15 1 : 100 58.3 Notwithstanding clause 56.2, the minimum amount payable per shift to an employee required to work afternoon shift will be the allowance payable to an employee with an annual salary of level 1.7 general division employee using the formula provided in clause 58.2. 58.4 An employee required to work a weekday night shift will, in addition to the ordinary rate of salary, be paid an allowance in accordance with the following formula for each shift so worked. Annual salary : 20 100 58.5 Notwithstanding clause 56.4, the minimum amount payable per shift to an employee required to work night shift will be the allowance payable to an employee with an annual salary of level 1.7 general division employee using the formula provided in clause 58.4. 58.6 For the purposes of this subclause “annual salary” is the ordinary rate of salary payable for the position as prescribed in Attachment A - Salaries of this Agreement. 58.7 Rosters shall be made available to employees at least five (5) working days prior to commencement of the roster. 58.8 A roster may only be altered on account of contingency, which Main Roads could not have reasonably been expected to foresee. In such case the employee shall be notified at least 24 hours before the changed shift commences. Saturday, Sunday and Public Holiday Penalties 58.9 Work performed during ordinary rostered hours on Saturdays shall be paid for at the rate of time and one-half, on Sundays at the rate of time and three quarters and on public holidays at double time and one-half. These rates shall be paid in lieu of the allowance prescribed in subclause 58.2 or subclause 58.4. Casual employees 58.10 Casual employees are entitled to weekend shift penalties as follows: Work performed during ordinary rostered hours on Saturdays and Public Holidays shall be paid for at the rate of time and one-half (casuals are already paid a loading in lieu of Public Holidays). Work performed during ordinary rostered hours on Sundays will be paid for at the rate of time and three quarters. These rates are paid in addition to but not compounded on the casual loading provided in clause 16.29 (a) – Contract of Employment. Pro-Rata Additional Annual Leave for Shift Workers 58.11 An employee engaged on shift work who is rostered to work regularly on Sundays and/or public holidays shall be entitled to five day’s leave in addition to their normal entitlement to annual leave. 57.12 For the purposes of clause 58.11, ‘regularly rostered’ means the employee is rostered to and works on at least eleven Sundays and/or public holidays in a period of up to twelve months continuous service. 58.13 This entitlement accrues according to the following table, provided that the maximum accrual will not exceed five days (37.5 hours) for each completed twelve month period of continuous service. Number of Sundays and/or public holidays rostered and worked within a 12 month period Additional leave entitlement (accrual portion) 3 1 day 5 2 days 7 3 days 9 4 days 11 5 days 58.14 Where an employee is no longer rostered to work regularly on Sundays and/or public holidays they shall cease to accrue the additional leave provided by this clause. 58.15 The additional leave provided by this clause may be carried from one twelve month period of continuous service to another twelve month period. 58.16 The twelve month period of continuous service shall not include any period of leave without pay exceeding 14 continuous calendar days. 58.17 A part time employee is entitled to pro rata additional leave, to be calculated according to the hours the employee worked on the Sundays and/or public holidays required for each accrual portion. Where these hours varied, the entitlement shall be determined according to an average of the hours worked on the Sundays and/or public holidays required for each accrual portion. 58.18 Other provisions are in accordance with the Award. 59. MEALS AND ACCOMMODATION 59.1 Main Roads has the ability to determine the appropriate method for payment and/or responsibility for meals and accommodation arrangements. 59.2 Working Away from Base Location (a) A reference to a period of days in this clause means a period of calendar days. No overnight stay (b) An employee who is required to travel outside a radius of 50 kilometres from their base location without an overnight stay may claim reimbursement for meals which occur during the time they are outside the 50 kilometre radius, subject to the employee’s certification that each meal claimed was actually purchased, as follows: (for rates see Attachment B, Column A, Items 12 or 13), Time when Employee is outside the 50km radius Allowance Paid Employee outside 50km before 8.00am or usual start time, whichever is the earlier Breakfast Work extends between 12.00pm – 2.00pm Lunch Employee not within 50km by 6.30pm Dinner Overnight stay (c) Main Roads will cover the costs of providing meals and accommodation when Main Roads requires an employee to stay away from their base location overnight due to work requirements. (d) All accommodation arranged by Main Roads shall be of an appropriate standard. 59.3 Where an overnight stay is involved meals and accommodation shall be provided from the following options: Main Roads provides meals and accommodation Main Roads pays for meals and accommodation in hotel, motel, or in other accommodation with meals provided (not camp). An incidental allowance is paid to an employee at the rates provided in Attachment B - Meal and Accommodation Allowance, Column A, Item 1, 2 or 3. Main Roads provides accommodation and the employee provides meals Main Roads pays for accommodation in hotel, motel or camp or other. Meal allowance as follows: (i) Hotel, Motel or Other (not Camp) Where the stay is 14 days or less, or the accommodation does not have a fully equipped kitchen, the employee is paid a meal and incidental expenses allowances as per Attachment B – Meal and Accommodation Allowance, Column A, Items 1,2 or 3 and Items 12,13 or 14. Where the stay is in excess of 14 days, and the accommodation is provided at no cost to the employee (including utilities costs) and the accommodation includes a fully equipped kitchen then the employee will be paid the Permanent Camp without Cook rate as outlined below. (ii) Camping The rates below will be applicable. Permanent Camp means Main Roads Camp or Contractors Camp, with Camp otherwise meaning rough camp. South of 26° South Latitude ITEM : RATE PER DAY (1) : 40.60 (2) : 54.10 (3) : 67.65 (4) : 81.15 North of 26° South Latitude ITEM : RATE PER DAY (1) : 58.55 (2) : 72.10 (3) : 85.60 (4) : 99.15 Employee provides meals and accommodation When an employee is authorised to pay for all meals and accommodation in a hotel, motel or other accommodation the employee will be paid a meals and accommodation allowance at the rates provided in Attachment C, Meal and Accommodation Allowance Column A Items 4 to 8 where hotel or motel accommodation is utilised, or Items 9, 10 or 11 if other than a hotel or motel is utilised. 59.4 Payment for Part Days Where an employee is entitled to a meal and/or accommodation allowance in accordance with Clause 59.3 (c) and is in a location for part of a day a portion of the relevant allowance is paid as follows: Time : Percentage of Daily Rate on day of Return 8:00 am or before : 0 % After 8:00 am to 1.00 pm : 10 % After 1:00 pm to 6:00 pm : 25 % After 6:00 pm : 50 % 11pm or later : 100% If travelling between two locations (including between an employee’s home and a location) the time spent travelling is counted as time in the destination, except when returning to base location the time spent travelling is at the last overnight location. 59.5 Payment During Weekends or Work Cycle Breaks The allowances described in subclause 59.3 continue during weekends or work cycle breaks where the employee remains in the work location because Main Roads and the employee considers it is not practical to return to the base location. The allowances cease when Main Roads and the employee considers it is practical to return to the base location as per Clause 60 –Travel. 59.6 Payment During Leave During paid or unpaid sick leave the allowances described in this clause continue if the employee remains in the work location but ceases if the employee returns to their base location. The allowances are not paid during annual or long service leave. 59.7 Temporary Change to Base Location Where the employee is to work in a location other than the employee’s base location for a period of greater than six months, an employee is not entitled to meal and accommodation allowances for any period of the temporary placement in the other location. Payment for travel on weekends shall be as per subclause 59.5. Payment during leave shall be as per subclause 59.6. 59.8 The provisions of this clause will be amended to allow for adjustment in accordance with movements to rates in Clause 41 – Camping Allowance, Clause 49 – Relieving Allowance and Clause 53 – Travelling Allowance of the Award. 60. TRAVEL 60.1 All work related travel shall be paid and/or accrued at ordinary rates unless otherwise provided for in this clause. 60.2 Travel On Engagement And Termination Of Employment Transport costs are not paid on engagement unless it is agreed by Main Roads in writing prior to starting work. Transport costs on termination of employment shall only be paid by Main Roads where an employee and their family, if applicable, has been transferred to a base location other than the base location the employee commenced employment with Main Roads. Costs shall not exceed transport costs to Perth. All travel on engagement or termination of employment is in an employee's own time and is unpaid. 60.3 Daily Travel To Worksite All travel between an employee's home and their usual office, depot or pick up point is in an employee's own time and at the employee's expense. Where an employee is required to report direct to the work site (including driving or travelling in a Main Roads vehicle) instead of the usual office, depot or pick up point: (i) normal work hours commence when an employee reaches the worksite; (ii) average travel time to and from the worksite will be paid at ordinary rates; (iii) only travel time in excess of the usual time spent by an employee travelling to and from their residence to the usual office or depot is payable; provided that for all employees, with the exception of Contract Surveillance Employees who are supplied with a vehicle, there is no entitlement where the total travel time is less than 30 minutes for either the approach or return trips. (c) where the employee is not provided with a Main Roads vehicle, the rates provided for in Attachment C – Motor Vehicle Allowance Part 2 of this Agreement apply for the additional distance travelled beyond that normally travelled from their residence to the usual office or depot and the return distance from the usual office or depot to residence. 60.4 Travel When Working In A Different Location (a) Where the nature and location of the work requires the employee to live away from their base location, travel time and cost of transport for rest and recreation during weekends or work cycle breaks will be paid as follows: (b) Where it is Practical to Return on Weekends or Work Cycle Breaks (i) Where Main Roads and the employee considers it is practical for an employee to return to their base location each weekend or work cycle break Main Roads will pay travel time at ordinary rates and transport costs. (ii) If the average travel time between base location and work location exceeds four hours, entitlements to travel time and cost of transport will be negotiated on a case by case basis. (c) Where it is not Practical to Return on Weekends or Work Cycle Breaks (i) Where Main Roads and the employee considers it is not practical to return to the base location each weekend or work cycle break, arrangements for time for travel back to the base location and payment for travel time will be negotiated between Main Roads and the employee at the beginning of each such job. (ii) Main Roads will pay the cost of transport back to the base location at the agreed times. (iii) An employee may request travel to a location other than their base location. This may be approved by Main Roads provided costs to Main Roads do not exceed the cost of travel to the base location. (iv) Employees shall receive an additional day’s leave, to be provided as time in lieu, for every completed four working weeks they are away from their base location. Main Roads will pay travel time at ordinary rates and transport costs back to the base location at the agreed times. (d) Where an employee is working in a position with a base location different from their substantive position, Main Roads will pay for travel time at commencement and cessation of the period at ordinary rates and transport costs. 60.5 Travel For Training And Development And Interviews Where Main Roads directs employees to attend training and development or job interviews, Main Roads will pay for travel time at ordinary rates and transport costs. 60.6 Payment of Transport Costs (a) Main Roads will, where practicable, provide a Main Roads vehicle to employees travelling for work related purposes; or (b) Where a Main Roads vehicle is not available and the employee is required to use their own vehicle, Main Roads shall authorise an employee to use their own vehicle, and shall reimburse transport costs at the rates provided for in Attachment C – Motor Vehicle Allowance, Part 2 of this Agreement; or (c) Where a Main Roads vehicle is available but the employee requests to use their own motor vehicle, transport costs will be paid at half the motor vehicle allowance provided in Attachment C – Motor Vehicle Allowance, Part 2 of this Agreement; or (d) Notwithstanding the provisions in clause 60.6(a), (b) and (c), Main Roads may agree to some other arrangement with the employee. (e) For all other travel covered by: (i) Travel When Working In Different Location, (ii) Travel When Acting or Relieving in a Different Location, and (iii) Relocation the employee will be entitled to claim half the rate provided in Attachment C – Motor Vehicle Allowance, Part 2 of this Agreement. 60.7 For the purposes of clause 60.6, “work related” travel means approved travel on Main Roads official business. 60.8 Waiting Time At Airports Where an employee is required to wait for flights to or from a destination prior to, or after completing business on behalf of Main Roads, the employee: May be assigned other reasonable duties by Main Roads until required to leave for the airport for the next flight. The employee shall be entitled to payment at the appropriate rate of salary including overtime rates where necessary. (ii) Where other duties are not assigned an employee may elect to utilise, for their own purposes: (aa) Time Off in Lieu (bb) Flexi Time (iii) An employee may be credited hours at the normal rate for: (aa) The period stipulated by the airline carrier as the required check-in time prior to departure (bb) If there is no overnight stay, the period of time spent between completion of duties and the next available flight Compensation for waiting time will be by agreement between Main Roads and the employee. The employee may with the agreement of Main Roads utilise one of or a combination of the options provided in subclause 60.8 (a) (ii) and (iii). 60.9 The provisions of this clause will be amended to allow for adjustment in accordance with movements in rates in Clause 46 – Motor Vehicle Allowance of the Award. 61. RELOCATION Subject to subclause 61.5, relocation allowances will be paid to compensate an employee who is transferred and relocated from one town to another provided that: employees are transferred to meet Main Roads requirements; employees are recruited to a new position; employees have requested a transfer from the base location they commenced their employment in and they have been employed with Main Roads for a period greater than three years within that base location; or for other circumstances at the discretion of Main Roads. Relocation allowances include: Disturbance Allowance Property Allowance Removal Allowance Transfer Allowance 61.1 Disturbance Allowance The disturbance allowance covers all costs associated with: the installation of a telephone at the new residence providing a telephone was installed at the previous residence; connection or re-connection of water, gas and electricity services at the employee's new residence; and redirection of mail to the employee's new residence. Main Roads reimburses actual expenses when an employee produces receipts or other documentation as required. 61.2 Property Allowance Property allowance will be paid for expenses incurred in the sale of the employee's home in the previous locality and in the purchase of a residence in the new locality provided that at the date of the advice of the transfer the employee: owned and occupied the residence; or was purchasing a residence under a contract of sale providing for vacant possession; or was building a house for their own occupation when completed. The employee is expected to both sell and buy a new place of residence. The Commissioner of Main Roads has discretion to approve payments under this clause where there has not been a sale of property in the previous location in cases where it has not been practical to purchase a residence. Where the employee sells or purchases a residence jointly, or in common with a person other than a partner or dependant, they are only entitled to the proportion of expenses for which they are responsible. Applications for property allowance must be supported with appropriate evidence of expenses incurred. The expenses which will be covered by Main Roads include: (i) selling a property 50% of a licensed Real Estate Agent's commission (as defined by the appropriate professional organisation) or the costs of advertising if sold privately; if a solicitor was engaged to act in connection with the sale of the residence, the amount of the professional costs and disbursements necessarily incurred and paid to the solicitor in respect to the sale, settlement fees paid to a solicitor or settlement agent; fees and expenses for discharging a first mortgage; and fees paid to the Registrar of Titles. (ii) buying a property settlement fees paid to a solicitor or settlement agent or reasonable costs if the employee acts on their own behalf; valuation fees for taking out a mortgage; stamp duty; and fees paid to the Registrar of Titles. Further explanation of the terms used in this clause is contained in clause 16 – Interpretation and Definitions, where they specifically relate to the Property Allowance provisions. 61.3 Removal Allowance Removal allowance for property and possessions shall include : (i) the actual cost (including insurance) of moving household furniture and effects up to a maximum of 45 cubic metres. Main Roads may approve larger volumes in special cases. (ii) accelerated depreciation for each occasion the employee is required to transport furniture and household effects. The allowance paid will be $564.00 if furniture is valued at $3382.00 or more. (iii) the costs associated with the sale or storage of furniture if it is not required in the new location. Costs of storage include insurance premiums and will be paid for a maximum of four years. Main Roads may approve payment for a longer period in special cases. (iv) transport of two (2) motor vehicles to the new location. The employee may choose to transport a trailer, boat or caravan in lieu of the second vehicle. If the employee tows the trailer, boat or caravan to the new residence, the additional rate per kilometre is to be 3.5 cents per kilometre for a boat or caravan, and 2 cents per kilometre for a trailer. (v) reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $194. For the purpose of the above clause pets are defined as dogs, cats, birds or other domestic animals kept by an employee or the employee's dependants for the purpose of household enjoyment. Pets do not include domesticated livestock, native animals or equine animals. Employees can claim the following for the relocation of themselves, their partner and dependent family to a new base location: (i) A meals and accommodation allowance as per Clause 59.2, for the employee only, or receive reimbursement by providing receipts for actual costs of meals and accommodation for themselves, their spouse and dependent family members, and (ii) costs of transport. If the employee travels by motor vehicle, payment will be made in accordance with subclause 60.6 - Payment of Transport Costs. The employee will also be allowed reasonable travel time during work hours. Reasonable time will be as determined by Main Roads for the particular relocation. Employees will be provided with reasonable time during work hours to pack and unpack their belongings when relocating between regions. 61.4 Transfer Allowance Employees who have been transferred to a new base location may claim for a meals and accommodation allowance as per subclause 59.2, for the employee only, or receive reimbursement by providing receipts for actual costs of meals and accommodation for the employee, their spouse and dependent family members for up to fourteen days while the employee's furniture is in transit, or if the new residence is unable to be occupied. The fourteen (14) days may be extended at the discretion of Main Roads in exceptional circumstances. 61.5 Special Conditions for Development Employees A development employee participating in a regional placement is entitled to: accommodation free of charge, up to a maximum of twelve months; two weeks’ meals and accommodation allowance at the rates provided in Attachment B – Meal and Accommodation Allowances, Column A, Items 5 or 6; and all allowances and conditions applicable to the region in which the employee is placed. A development employee is also entitled to Removal Allowance for the moves to and from the regional placement, and Disturbance Allowance on return to their base location. 61.6 The provisions of this clause will be amended to allow for adjustment in accordance with movements in rates in clause 43 – Disturbance Allowance, Clause 47 – Property Allowance, Clause 50 – Removal Allowance and Clause 52 – Transfer Allowance of the Award. 62. SPECIAL CONDITIONS FOR REMOTE LOCATIONS (REGIONAL INITIATIVES) 62.1 Payment of Allowances Employees based in remote locations shall be paid various allowances to alleviate the extra costs of living and working in a remote location for employees and their families. Where the employee's partner/dependent is receiving allowances for these purposes from their employer the amount paid to the employee will be reduced by the amount paid to the employee's partner/dependent. An employee who is employed on a part-time basis is not entitled to the commuted overtime allowance specified in clause 62.3. A part-time employee shall be entitled to all other allowances in this clause on a pro-rata basis. The allowances are paid during periods of paid annual leave and, except for Clause 62.3, for periods of paid long service leave or other approved paid leave where the employee or partner/dependent remain in the Region during the period of paid leave. All allowances shall cease on the last working day within a remote location. 62.2 Power Subsidies The Main Roads policy entitled Regional Employees’ Air Conditioning and Hot Water System Subsidies contains the details of these subsidies. 62.3 Commuted Overtime Allowance Employees located in the regions shall be paid a commuted overtime allowance for additional weekly hours of work , as follows: Regions as detailed in Attachment G : Annual % pay rate in lieu Kimberley, Pilbara, Gascoyne (outside the area bounded by Minilya, Gascoyne Junction and Yaringa) : 18.0 % Gascoyne, Goldfields-Esperance : 13.5% Mid West, Wheatbelt, South West, Great Southern : 9.0% The commuted overtime allowance shall not be paid where employees take long service leave, unpaid leave or greater than ten (10) continuous working days of personal leave. All other overtime worked in excess of 62.3 (a) shall be paid in accordance with the Overtime Clause of the Award. The parties agree that this clause is to be reviewed over the life of the Agreement. 62.4 Payment when Working in a Different Location on a Temporary Basis Employee Normally NOT Based in a Remote Location Other Arrangements District Allowance : Refer to clause 57 Power and Water Subsidy : Paid only if employee is paying separate utilities accounts – subject to subsidy period. Commuted Overtime : Paid as per new location if period is in excess of one month. If period is less than one month, specific overtime is claimed. ANNUAL LEAVE TRAVEL CONCESSIONS 62.5 Travel Time and North/West Leave An employee based in a remote location located north of the 26 degrees south latitude shall receive either travel days as contained in Attachment E of this Agreement and annual north west leave in accordance with clause 31.6, or, an annual percentage pay out in lieu of a combination of travel days and north west leave as follows: Main Roads Region Annual % pay out in lieu Kimberley 3.8 % Pilbara 3.5 % Mid West – Gascoyne Located north of the 26 degrees south latitude) 3.5 % An employee who chooses to receive the annual percentage pay out in lieu in (a) must apply for the entitlement: (i) on arrival in the location; or, (ii) on the 12 month anniversary of their arrival in the location for the entitlement to apply in that upcoming year. Employees other than those designated in subclause 62.5(a) whose headquarters are situated two hundred and forty kilometres or more from Perth General Post Office and who travel to Perth for their annual leave may be granted reasonable travelling time to enable them to complete the return journey. 62.6 Travel Concessions during Leave Employees in Mid West - Gascoyne (located north of the 26 degrees south latitude), Goldfields-Esperance, Pilbara and Kimberley Regions proceeding on annual leave shall be entitled to concessions contained in Attachment E – Travel Concessions for Annual Leave of this Agreement, provided that the employee has at least 12 months service in that location. Where an employee is entitled to a travel concession under clause 62.6(a), a travel concession covering the cost of airfares or motor vehicle allowance up to the value of a return fully flexible and refundable airfare to Perth only, will be provided for each employee and each of their dependents when proceeding on annual leave to a location other than Perth or Geraldton. The concession will lapse if not taken within 12 months of becoming due. A travel concession for the employee’s partner will not be paid if provided for by the spouse’s employer. Only one annual leave travel concession per employee and dependant per annum is available. An employee may take an annual leave travel concession in advance subject to the employee completing the 12 months service in the region. If the employee does not complete 12 months service in the region they will be required to refund the full cost of any travel concession provided. Where agreement is not reached the provisions of Clause 70 - Dispute Settlement Procedure, of this Agreement will apply. For the purposes of determining eligibility for Annual Leave Travel Concession in accordance with Attachment E, a dependant shall mean: (i) a partner, and/or (ii) any child who relies on the employee for their main financial support, who does not have an equivalent entitlement of any kind. For the purposes of the definitions at clause 62.6(h), a child will be considered to rely on the employee for their main financial support where that child is the recipient of income of less than half the annualised WA minimum adult wage as at 30 June of the immediate past financial year, excluding income from a disability support pension. 62.7 Travelling Time During Bereavement Leave For Regional Employees This subclause applies to an employee who is based outside the Metropolitan Region and becomes entitled to bereavement leave. Subject to prior approval from Main Roads, where the bereavement requires travel of more than 240 km from the workplace, the employee will be granted paid time off for travel during the employee’s ordinary working hours up to a maximum of 15 hours. Main Roads will not unreasonably withhold approval. 62.8 The provisions of this clause are not available to employees while on leave without pay or sick leave without pay. 63. PUBLIC SECTOR FIRST AID ALLOWANCE 63.1 For the purposes of this clause the following expressions shall have the following meanings: ‘Appointed’ means Main Roads has formally assigned an employee, who is suitably qualified in first aid, to the position of first aid officer; and the employee has agreed to take on the responsibilities of providing first aid in the workplace, as determined by Main Roads; ‘Deputy first aid officer’ means an employee who has been appointed by Main Roads to take on first aid responsibilities in a workplace when the first aid officer is unable to do so; ‘Suitably qualified in first aid’ means holding a current statement of attainment that satisfies the national training requirement HLTFA301B – Apply First Aid. This includes, but is not limited to, the successful completion of the two Day Senior First Aid - St John Ambulance Association; or the Senior First Aid (Workplace Level 2) – Australian Red Cross Society training courses. ‘Workplace’ means the direct area in which the employee has been employed to work in the ordinary course of their employment. 63.2 An employee who has been appointed by Main Roads to be the first aid officer in a workplace shall be paid a public sector first aid allowance of 1% of the gross hourly salary of a level 1.8 general division employee. 63.3 An eligible part time employee is entitled to this allowance on a pro rata basis. 63.4 The public sector first aid allowance shall be paid to either the appointed first aid officer or the deputy first aid officer in a workplace. The deputy first aid officer shall not be paid the first aid allowance for any period in which the allowance is paid to the appointed first aid officer. 63.5 A deputy first aid officer is to be paid the public sector first aid allowance where the employer has agreed to them taking on the first aid responsibilities in a workplace due to the inability of the appointed first aid officer to do so. For example, where the appointed first aid officer is on annual or long service leave, or extended personal leave. 64. ROAD TRANSPORT COMPLIANCE SECTION - COMMUTED SHIFT ALLOWANCE AND CONDITIONS The conditions in this clause apply to Transport Inspectors and Transport Inspector Co-ordinators. Where a provision contained in this clause is inconsistent with the terms of this Enterprise Agreement, the provisions contained in this clause shall prevail to the extent of the inconsistency. 64.1 General Working Conditions & Rosters A single roster system will be in place for the Transport Inspectors. Transport Inspectors will be rostered in 14-day cycles. Inspectors will not be rostered for more than 80 hours per 14 day cycle. No more than 10 days will ever be worked in succession. A nominal working day will not consist of more than 8 hours (10 working days per 14 day cycle). All working days within the 14 day cycle will be of the same duration. Alternative rosters may be trialled during the term of this Agreement but only with agreement between Main Roads and the majority of Inspectors. 64.2 Country Patrols A nominal country patrol will be up to ten (10) consecutive working days and a break of four (4) rostered days off; of which at least two (2) must be consecutive rostered days off. A country patrol may exceed ten (10) consecutive working days but only by agreement between Main Roads and the individual employees. 64.3 Metropolitan Patrols (a) (i) A nominal 14 day Metropolitan cycle will not exceed six (6) consecutive days on, with breaks of not less than two (2) consecutive days off. (ii) Notwithstanding the requirements of sub clause 64.3(a)(i), a single day may be rostered off in the case of a public holiday. (b) The requirements for a nominal Metropolitan cycle pursuant to 64.3(a) may be varied by agreement with the affected Inspector(s). 64.4 Variations from the nominal Metropolitan or Country rotation cycles may be required to enable the undertaking of Official Roadblocks. 64.5 Every second 14-day cycle will be in the Perth metropolitan area, except that in unforeseen circumstances, and with the agreement of RTCS management and the relevant Inspector, the following may apply: An Inspector may agree to extend a country patrol due to unforeseen circumstances. An Inspector may agree to an ad-hoc country patrol of a duration of less than ten days due to urgent unforeseen circumstances Any disputes arising from arrangements made under this subclause should be resolved through the procedures under clause 70 – Dispute Resolution Procedures of this Agreement 64.6 All non-working days will be provided in the Perth metropolitan area, except that: By agreement between RTCS management and both Inspectors on the affected patrol, Inspectors may choose to take their non-working days while in a regional location. Subject to subclause 64.6 (c) any additional meal and accommodation expenses will be paid by the party who requested the agreement – either Main Roads or the Inspectors involved. If, due to fatigue, Inspectors are granted permission to take a non-working day while in a regional location, normal travel allowance provisions will apply. 64.7 No more than two individual weekend shifts (Saturday and/or Sunday) will be rostered in any one 14-day cycle and such shifts will only be rostered over one weekend, except by agreement between Main Roads and the affected Inspectors. 64.8 Split shifts will not be rostered, but may be worked if initiated by an Inspector and agreed by RTCS management. 64.9 Shifts that straddle midnight may be rostered, but not prior to a non-working day. For the purpose of calculating the additional week’s leave under subclause 64.16 (a) such shifts will be credited to the day on which the shift commences. Shift work allowances in accordance with clause 58.9 will apply to any part of a shift which falls on a Saturday, Sunday or public holiday. 64.10 The number, but not necessarily the location, of regional and metropolitan patrols will be evenly distributed between all inspectors, subject to operational requirements. 64.11 At management’s discretion, an Inspector may be rostered on patrols which do not comply with sub clause 64.10; during a documented Performance Management Process of which the Inspector has previously been made aware, or during a formal discipline process. Such rostering will not be exempt from any parts of this Enterprise Agreement other than sub clause 64.10. 64.12 (a) Rosters will provide for two 14-day work cycles with the first day of each cycle commencing on a Monday. (b) Rosters shall be made available to Inspectors at least seven (7) calendar days prior to the commencement of the rosters referred to in clause 64.12(a), however Main Roads will endeavour to provide rosters fourteen (14) calendar days prior to the roster’s commencement. 64.13 (a) A roster may be changed by mutual agreement at any time. (b) If agreement is not reached, a roster may only be changed on account of a contingency which Main Roads could not have reasonably been expected to foresee. (c) When a roster is altered, Main Roads will endeavour to provide the employee concerned with at least 72 hours’ notice of the changed shift. (d) In any case, the employee shall be notified at least 24 hours before the changed shift commences. 64.14 Rostered start times, in a block of consecutive working days, will be within two (2) hours of the first shift’s start time. Except that in instances of Official Roadblocks, staff meetings, or by mutual agreement, a different start time may apply. 64.15 Leave An Inspector engaged in shift work who is rostered to work on 11 or more Saturdays and/or Sundays and/or Public holidays in one calendar year shall be entitled to 5 days leave in addition to the Inspector’s normal entitlement to annual leave. An Inspector will be entitled to these additional annual leave days on a pro-rata basis in accordance with clause 58.13. 64.16 Annual Commuted Allowance Each Inspector will be paid an Annual Commuted Allowance (ACA), equal to 10% of the Inspector’s annual gross salary, to be paid in addition to the annual gross salary. The ACA will be paid fortnightly. The ACA will be paid during all periods of paid leave and as part of any retiring allowance/benefit except in the following circumstances: (i) Defence Forces Leave that involves make-up pay only. ACA will be paid on Defence Forces Leave that involves an entitlement of payment of full Main Roads salary; and (ii) Any paid leave granted for the purposes of Maternity Leave, Adoption Leave or Other Parent Leave. The ACA will be paid to all Inspectors regardless of duties performed. The ACA, despite being made up of separate allowances, will be paid in its entirety and not separated or divided into segmented payments or allowances. The 10% ACA consists of the following components: Percentage of Annual Pay Group : Purpose 7.5% : Paid in lieu of receiving shift penalty rates for weekday shifts with start times outside the period at or after 6:00 am and before 12 noon. 2.5% : Paid in lieu of receiving overtime pay for an incidental amount of overtime, which an Inspector may work at the end of his/her shift. Incidental overtime will not be rostered or assumed. Incidental overtime will not exceed 0.5 hours per working day and will not accumulate if not worked. 64.17 Secondments & Temporary Transfers Subject to subclause 64.17 (b), during any temporary placement in another Main Roads position (eg temporary transfer or acting position) a Transport Inspector will receive the greater of: the salary applicable to the temporary placement; or their Transport Inspector salary plus Annual Commuted Allowance. If the temporary placement was initiated by the Inspector then the Inspector will forgo the Annual Commuted Allowance but will receive the greater of the base salaries. Acting in a Transport Inspector Co-ordinator position will always be deemed to be a placement initiated by Main Roads. 64.18 Meal Breaks Subject to subclause 64.18 (b) a meal break of at least 30 minutes must be taken in any shift. Transport Inspectors, when working in pairs in the field, may use their discretion as to whether a meal break is required to be taken or not. If a meal break is not taken, the Transport Inspectors will be expected to take short rest breaks and to rotate driving. The Transport Inspector Co-ordinators also have the discretion of not taking a meal break when performing Co-ordinator duties in the field. A meal break of at least 30 minutes must be taken in all other situations, including where the Transport Inspectors or Transport Inspector Co-ordinators: Are working a shift that is rostered to exceed 8 hours (the meal break should be taken within the first 5 ½ hours); Are spending the majority (more than 50%) of their shift in the office when on a day shift that commences at or after 6:00 am and before 12 noon; Are specifically rostered to work a shift that includes training, a staff meeting or roadblocks and a meal break has been scheduled. 64.19 Uniforms and Personal Protective Equipment All uniforms and personal protective equipment will be provided at the expense of Main Roads. Uniforms and personal protective equipment will be replaced on a fair wear and tear basis and/or as required. Laundering expenses incurred as a result of patrolling away from the Perth metropolitan area will be at Main Roads’ expense. 64.20 Training Allowance (a) (i) A Transport Inspector who is required by Main Roads to deliver on- the- job training to a new Transport Inspector, that needs to achieve a level of competency and the appropriate authority in order to perform their duties, will be paid an allowance pursuant to this sub clause. The commencement of recruit mentoring occurs approximately three months after their initial recruitment to the role. (ii) On-the-job training is considered to be occurring when a new Transport Inspector commences the recruit mentoring program until such time as the new Transport Inspector passes the competency evaluation tests. (iii) The maximum period for the payment of the allowance for on-the-job training of a new Transport Inspector is six months from the period that the new Transport Inspector commences the recruit mentoring program. (iv) The allowance shall be 10% of the employee’s normal salary (ie. including the Commuted Allowance payable pursuant to sub clause 64.16) for the time spent in performing duties related to the training. (b) The allowance calculated at 64.20(a)(iv) is payable in addition to the employee’s normal salary. (c) The “duties related to the training” referred to in 64.20(a) include but are not limited to: (i) preparation for on-the-job training; (ii) delivering on-the-job training; (iii) testing trainees; (iv) evaluating the training; and/or (v) updating training records. (d) In order for employees to provide training to other employees they will be required to: (i) currently hold the competencies or certification for the training they are providing; (ii) have demonstrated abilities to conduct the on-the-job training; (iii) conduct the training in a manner required by Main Roads; and (iv) prepare and provide formal reporting of a trainee’s progress as required by Main Roads. (e) The allowance will not be paid: (i) to Supervisory staff or persons in specific designated training roles that have a higher classification level than that of a Transport Inspector; (ii) for general classroom training that is not part of achieving an initial competency/certification associated with recruit training; or (iii) for industry presentations. 65. TRAFFIC OPERATIONS OFFICERS AT THE TRAFFIC OPERATIONS CENTRE 65.1 Traffic Operations Officers (Officers) may be rostered shifts of up to twelve (12) hours and in excess of 37.5/40 hours per week. In circumstances where the rostered hours exceed the ordinary hours, the additional hours shall constitute rostered overtime with payment in accordance with clause 28 – Overtime of this Agreement. 65.2 The roster shall be prepared in consultation with the affected Officers, subject to Main Roads retaining the right to determine hours to suit operational needs. 65.3 For rostered twelve (12) hour shifts Monday to Sunday, Officers will be granted normal shift penalties as per clause 58.2 or clause 58.4 – Shift Work Allowance and shall attract overtime only after twelve (12) hours unless the shift contains rostered overtime. 65.4 If a shift contains a component of rostered overtime, shift penalties will apply during the ordinary hours of that shift and overtime penalties will apply to the rostered overtime period of that shift. The ordinary hours worked over the agreed period will average 37.5/40 hours per week. 65.5 Saturday and Sunday will attract shift penalties as per clause 58.9 and shall attract overtime only after twelve (12) hours unless the shift contains rostered overtime. If a shift contains a component of rostered overtime, shift penalties will apply during the ordinary hours of that shift and overtime penalties will apply to the rostered overtime period of that shift. . 65.6 Overtime at double time will be paid during any rostered 10 minute shift change-over periods Monday to Sunday. 65.7 Officers rostered to work day shifts Monday to Friday of any duration may be required to undertake duties elsewhere within the Traffic Operations Centre, or within their Traffic Operations and Services Branch for part of the shift or for the whole shift. This should not exceed more than 30% of their rostered working hours. 65.8 Officers will not be required to work split shifts. 65.9 Officers will be rostered off for at least 24 hours between a change in shift pattern from a 12 hour night shift to a day shift, 65.10 Any agreed outcomes from the roster review will be applied administratively until such time as a replacement agreement is negotiated and subsequently registered. PART G WORKING RELATIONS 66. JOINT CONSULTATIVE COMMITTEE 66.1 The parties recognise the need for effective communication to improve the business/operational performance and working environment in agencies. 66.2 The parties acknowledge that decisions will continue to be made by Main Roads who is responsible and accountable to Government for the effective and efficient operation of the agency. 66.3 The parties agree that: where Main Roads proposes to make changes likely to affect existing practices, working conditions or employment prospects of employees, the unions and employees affected shall be notified by Main Roads as early as possible; for the purposes of discussion Main Roads shall provide to the employees concerned relevant information about the changes, including the effect of the changes on employees, provided Main Roads shall not be required to disclose any information that is confidential; in the context of discussions the unions and employees are able to contribute to the decision making process; and the Joint Consultative Committee (JCC) parties are to provide all reasonable and relevant information except confidential commercial, business or personal information, the release of which may seriously harm a party or individual. 66.4 Main Roads will have a JCC comprising of Main Roads or their nominee, employer nominated representatives and unions nominated representatives. 66.5 The JCC will convene within 28 days of a written request being received from either party. 66.6 The JCC will determine its own operating procedures. 66.7 JCCs will be a forum for consultation on issues such as: development of workload management tools within Main Roads; industrial issues; fixed term and casual employment usage; changes to work organisation and/or work practices occurring in the workplace; Main Roads implementation of recommendations from the ‘Functional Review of Government’; and Main Roads implementation of other aspects of this Agreement. 66.8 Matters not resolved through the JCC can be referred to the provisions of clause 70 - Dispute Settlement Procedure of this Agreement. 67. KEEPING OF AND ACCESS TO EMPLOYMENT RECORDS 67.1 Main Roads shall keep or cause to be kept an employee’s record showing: The name of each employee; The nature of the work performed; The hours worked each day; The pay, allowances and overtime paid to each employee. Any system of automatic recording by means of machines shall be deemed to comply with the provision to the extent of the information recorded. 67.2 The employee record shall on demand be produced for inspection by the duly authorised official of the Union during Main Roads’ usual office hours and when necessary the duly authorised official of the Union may take a copy of the record. 67.3 The Union shall: give prior notification to Main Roads on when it proposes to inspect the record; not conduct interviews during normal business hours in circumstances which will result in Main Roads business being unduly interrupted or otherwise hampered; and treat with confidentiality any information obtained from time and employee records. 67.4 Main Roads office shall be deemed to be a convenient place for the purposes of inspecting records and if for any reason the time and salary record is not available when the duly authorised official of the Union calls to inspect it, the record will be made available for inspection at a mutually convenient time at Main Roads office. 67.5 Employees, subject to Main Roads convenience, shall be entitled to examine and take copies of all materials maintained on their personal file or other Main Roads information relating to them. They can do this either directly or through an authorised representative. 68. INFORMATION TECHNOLOGY RESOURCES 68.1 The parties recognise that the information technology resources have major implications for industrial and organisational development functions within the workplace. 68.2 Main Roads recognised the need to provide appropriate information to all employees, so it is accessible in the workplace in either electronic or hard copy format. 68.3 Where Main Roads utilises information technology as a means of communicating to employees, Main Roads must ensure that where employees do not have access to technology, then alternative methods of providing this information will be used. 68.4 The information includes, but is not limited to policies and practice guidelines, human resource manuals, awards and agreements, internal agency news bulletins and updates and job opportunities. 69. REGIONAL TRAINING AND DEVELOPMENT 69.1 The parties are committed to providing effective workforce management practices and opportunities to staff employed in regional areas. 69.2 For the purposes of this clause: (a) “Training” includes, but is not limited to the provision of approved, formal instruction by a Main Roads representative or an external provider to one or more employees in order to assist them to undertake a particular role or function, or to enhance their personal skills, knowledge and/or abilities. (b) “Development” is the opportunity for an employee to gain on-the-job experience and skills by working in a position other than the employee’s substantive position. Development opportunities include, but are not limited to: (i) performance of duties at a higher classification level (Acting); (ii) secondment to another agency at the employee’s substantive classification level or at a higher classification level; or (iii) temporary deployment within Main Roads at the employee’s substantive classification level but where the duties differ from those of the employee’s substantive position. 69.3 Main Roads shall: (a) Ensure that regional employees are, as far as reasonably practicable, provided with access to training and development opportunities having regard to Main Roads’ operational requirements and opportunities provided to metropolitan based staff. (b) Ensure that regional employees are offered job related training opportunities within their local area or by agreement, in another location. Main Roads will cover all costs associated with the training activity. (c) Where Main Roads initiated development opportunities are provided away from the employee’s home base, cover costs to the extent of the provisions of clause 49. - Relieving Allowance and clause 56. - Weekend Absence from Residence, of the Award. (d) Ensure that registered redeployees located in regional areas are provided career transitional support, including ongoing professional development opportunities. Main Roads will conduct a review into the accessibility to personal development opportunities including training and acting opportunities within 12 months of the registration of this agreement. The findings of these reviews will be provided to Main Roads’ Joint Consultative Committee. 70. DISPUTE SETTLEMENT PROCEDURE Employee/Employer Disputes 70.1 Any questions, difficulties or disputes arising under this Agreement of employees bound by the Agreement shall be dealt with in accordance with this clause. 70.2 The employee/s and the manager with whom the dispute has arisen shall discuss the matter and attempt to find a satisfactory solution, within three working days. An employee may be accompanied by a union representative. 70.3 If the dispute cannot be resolved at this level, the matter shall be referred to and be discussed with the relevant manager’s superior and an attempt made to find a satisfactory solution, within a further three working days. An employee may be accompanied by a union representative. 70.4 If the dispute is still not resolved, it may be referred by the employee/s or union representative to the employer or his/her nominee. 70.5 Where the dispute cannot be resolved within five working days of the union representatives’ referral of the dispute to the employer or his/her nominee, either party may refer the matter to the WAIRC. 70.6 The period for resolving a dispute may be extended by agreement between the parties. 70.7 At all stages of the procedure the employee may be accompanied by a union representative. Parties to this Agreement 70.8 Any questions, difficulties or disputes arising under this Agreement between the parties may be referred by either party to the WAIRC for conciliation and where appropriate arbitration. 71. GRIEVANCE SETTLEMENT PROCEDURE 71.1 When an employee considers they have a grievance, the matter shall be acted on in accordance with the provisions of this clause. 71.2 The types of grievances that can be resolved under this subclause are as follows: EEO grievances racial harassment sexual harassment discrimination or harassment due to a person’s sex, marital status, pregnancy, sexual orientation, gender history, race, disability or impairment, age, family responsibility or family status, spent conviction and political or religious conviction. Health and safety grievances safety issues in the workplace hazardous substances in the workplace protective clothing and equipment bullying General grievances This covers a variety of grievances (including redeployment and redundancy) that can occur from time to time in the workplace, excluding the following: those referred to in subclauses a) and b); those referred to in Clause 70 - Dispute Settlement and Clause 72 - Discipline; and those that have a formal appeal process such as grievances relating to promotions or classifications. 71.3 Grievances will be handled in a manner which ensures that they are resolved promptly, confidentially and in accordance with legislative requirements. 71.4 Grievances will be considered seriously and sympathetically and in all cases the utmost care will be taken to handle them impartially by recognising the rights of all parties. 71.5 An employee who considers they have grounds for a grievance may submit the grievance as follows: (i) EEO grievances - to their line manager, authorised Grievance Officer or a Human Resources Consultant/Officer (ii) Health and safety grievance - to their line manager, their Health and Safety Representative or a Human Resource Consultant (iii) General grievances - to their line manager in the first instance and, if not resolved, to be submitted in writing to their branch manager 71.6 The grievance should be reported as soon as practical after the grievance has arisen so as to enable the line manager or other authorised person to remedy the grievance rapidly and as near as possible to the point of origin. 71.7 The employee shall be offered the opportunity of assistance or presence of the Union representative or other person of their choice as provided for in Main Roads procedures at any stage of the grievance resolution process. 71.8 An employee is not to be subject to any retaliation because they raised a grievance. 71.9 The provisions of this clause do not apply in the case of matters covered by clause 70 - Dispute Settlement or clause 72 - Discipline. 72. DISCIPLINE Main Roads will respond to allegations of misconduct or inappropriate behaviour in accordance with the Main Roads Discipline Policy and the provisions below. 72.1 Where an allegation of misconduct or inappropriate work behaviour is made against an employee, Main Roads may: decide to deal with the matter as a disciplinary matter in accordance with the provisions of this clause; or (b) decide it is appropriate not to treat the matter as disciplinary and, (i) take improvement action in relation to the employee, or (ii) take no action. 72.2 For the purpose of this clause “improvement action” may include counselling, training and development, a warning, performance management process or any other action of a similar nature. 72.3 Through all investigations and actions, Main Roads shall ensure that the principles of procedural fairness, equity and natural justice are adhered to. 72.4 Employees suspected of misconduct or inappropriate work behaviour will be informed in writing of the allegations, immediately following the incident or as quickly as practicable. 72.5 Employees shall be offered the opportunity to respond, verbally and/or in writing, to any and / or all allegations of misconduct or inappropriate work behaviour, prior to the initiation of a discipline investigation. 72.6 Main Roads shall provide employees with copies of all documentation relevant to their alleged misconduct or inappropriate work behaviour. 72.7 Main Roads may suspend an employee with pay as a protective or organisational risk measure, when in consideration of all the circumstances, it is inappropriate for the employee to remain in the workplace. 72.8 Employees shall be offered the opportunity to elect to have in attendance at any meetings with Main Roads, either their Union Official or a representative of their choice. 72.9 Main Roads, except where required not to by an external authority, shall provide written notification to employees in advance of the commencement of any investigations into their alleged misconduct or inappropriate work behaviour. 72.10 Where it is determined that action is to be taken against an employee, any of the following options are available to Main Roads, having regard to the level of seriousness of the alleged offence/behaviour: (a) counselling the employee; (b) training/retraining the employee; (c) issuing of a written formal warning; (d) transfer the employee to another directorate, region and/or base location; (e) withhold a salary increment payable to the employee; (f) reduce the level of classification of the employee (pay reduction); (g) termination of the employee’s services; (based on the findings of a discipline investigation); (h) summary dismissal; or (i) other alternative arrangements as agreed with the employee and the Association. 73. PERFORMANCE MANAGEMENT AND SUBSTANDARD PERFORMANCE 73.1 Performance management and substandard performance processes will be in accordance with Main Roads’ Managing Employee Performance Policy and the Performance Improvement Process Guidelines. 73.2 Where an employee’s performance is determined to be substandard following the completion of a performance improvement process, Main Roads may train/retrain the employee transfer the employee to another business area; withhold an increment of remuneration otherwise payable to that employee; reduce the level of classification of that employee; terminate the employment of that employee; or another arrangement as deemed fair and reasonable by all parties. 73.3 In addition to the provisions of clause 38 – Absenteeism Management – Evidence Requirements of this Agreement, Main Roads may at any time commence the performance improvement process in clause 73.1 and 73.2 should Main Roads be concerned about issues related to both absenteeism and other performance issues, or if Main Roads continues to be concerned about ongoing absenteeism at the conclusion of the process outlined in clause 38 – Absenteeism Management – Evidence Requirements. ATTACHMENTS ATTACHMENT A – SALARY RATES (i) General Division 37.5 HOUR WEEK Effective on and from 1 February 2017 LEVEL : 2.5% Junior : 28,160 32,849 38,023 42,699 Level 1 : 46,906 48,413 49,913 51,403 52,904 54,409 56,138 57,336 59,099 Level 2 : 61,218 62,840 64,543 66,345 68,230 Level 3 : 70,820 72,838 74,918 77,057 Level 4 : 79,988 82,283 84,645 Level 5 : 89,198 92,272 95,467 98,784 Level 6 : 104,115 107,735 111,494 115,495 Effective on and from 1 February 2017 LEVEL : 2.5% Level 7 : 121,640 125,887 130,513 Level 8 : 138,026 143,406 150,083 Level 9 : 158,419 164,048 170,475 Class 1 : 180,187 Class 2 : 189,905 Class 3 : 199,615 General Division cont. 40 hour week Effective on and from 1 February 2017 LEVEL : 2.5% Junior : 30,039 35,041 40,560 45,548 Level 1 : 50,035 51,642 53,242 54,832 56,433 58,039 59,883 61,161 63,044 Level 2 : 65,301 67,030 68,849 70,771 72,781 Level 3 : 75,544 77,696 79,914 82,199 Level 4 : 85,323 87,771 90,292 Level 5 : 95,148 98,427 101,836 105,374 Level 6 : 111,061 114,921 118,930 123,200 Level 7 : 129,753 134,283 139,219 Effective on and from 1 February 2017 LEVEL : 2.5% Level 8 : 147,233 152,971 160,092 Level 9 : 168,985 174,991 181,847 Class 1 : 192,206 Class 2 : 202,572 Class 3 : 212,926 ii) Specified Callings 37.5 hour week Specified calling level : Effective on and from 1 February 2017 2.5% 1st year : 66,793 2nd year : 70,310 3rd year : 74,212 4th year : 79,091 5th year : 86,652 6th year : 91,575 2.1 : 93,834 2.2 : 96,998 2.3 : 100,288 2.4 : 103,704 3.1 : 109,193 3.2 : 112,926 3.3 : 116,789 3.4 : 120,913 4.1 : 124,927 4.2 : 129,221 4.3 : 133,897 5.1 : 141,492 5.2 : 146,936 5.3 : 153,683 6.1 : 162,112 6.2 : 167,806 6.3 : 174,299 LEVEL 7 : 184,121 LEVEL 8 : 193,944 LEVEL 9 : 203,757 ii) Specified Callings cont. 40 Hour week Specified calling level : Effective on and from 1 February 2017 2.5% 1st year : 71,246 2nd year : 74,998 3rd year : 79,160 4th year : 84,363 5th year : 92,428 6th year : 97,682 2.1 : 100,090 2.2 : 103,464 2.3 : 106,973 2.4 : 110,617 3.1 : 116,472 3.2 : 120,454 3.3 : 124,574 3.4 : 128,975 4.1 : 133,255 4.2 : 137,835 4.3 : 142,823 5.1 : 150,924 5.2 : 156,733 5.3 : 163,930 6.1 : 172,919 6.2 : 178,993 6.3 : 185,920 LEVEL 7 : 196,397 LEVEL 8 : 206,874 LEVEL 9 : 217,340 TRANSLATION TO THE NEW SPECIFIED CALLING CLASSIFICATION STRUCTURE The following table details the translation of specified calling employees to the new classification structure. Previous Level New Level Level 2/4.1 Level 1.1 Level 2/4.2 Level 1.2 Level 2/4.3 Level 1.3 Level 2/4.4 Level 1.4 Level 2/4.5 Level 1.5 Level 2/4.6 Level 1.6 Level 5.1 Level 2.1 Level 5.2 Level 2.2 Level 5.3 Level 2.3 Level 5.4 Level 2.4 Level 6.1 Level 3.1 Level 6.2 Level 3.2 Level 6.3 Level 3.3 Level 6.4 Level 3.4 Level 7.1 Level 4.1 Level 7.2 Level 4.2 Level 7.3 Level 4.3 Level 8.1 Level 5.1 Level 8.2 Level 5.2 Level 8.3 Level 5.3 Level 9.1 Level 6.1 Level 9.2 Level 6.2 Level 9.3 Level 6.3 Class 1 Level 7 Class 2 Level 8 Class 3 Level 9 ATTACHMENT B - MEAL AND ACCOMMODATION ALLOWANCES RATES AS FROM 21 April 2010 COLUMN C ITEM : DAILY RATE OFFICERS WITHOUT DEPENDENTS RELIEVING ALLOWANCE FOR PERIOD IN EXCESS OF 42 DAYS ALLOWANCE TO MEET INCIDENTAL EXPENSES ACCOMMODATION INVOLVING AN OVERNIGHT STAY IN A HOTEL OR MOTEL $ (4) : 101.80 (5) : 69.50 152.25 85.05 122.25 114.05 97.55 123.40 97.25 82.40 148.55 110.55 90.55 113.00 91.10 64.25 86.55 122.40 80.55 80.05 106.75 78.55 169.55 84.90 101.60 96.15 89.95 (8) : 69.50 ACCOMMODATION INVOLVING AN OVERNIGHT STAY AT OTHER THAN A HOTEL OR MOTEL TRAVEL NOT INVOLVING AN OVERNIGHT STAY OR TRAVEL INVOLVING AN OVERNIGHT STAY WHERE ACCOMMODATION ONLY IS PROVIDED. DEDUCTION FOR NORMAL LIVING EXPENSES (Transfer clause 52) ATTACHMENT C - MOTOR VEHICLE ALLOWANCE PART 1 - Maps ATTACHMENT C - MOTOR VEHICLE ALLOWANCE PART 1 – Maps cont. ATTACHMENT C – MOTOR VEHICLE ALLOWANCE cont. PART 2 MOTOR CAR Area Details Rate (cents) per kilometre Engine Displacement (in cubic centimetres) 1600cc and under Metropolitan Area : 53.2 South West Land Division : 54.0 North of 23.5o South Latitude : 58.3 Rest of the State : 55.6 MOTOR CYCLE Rate – Cents per kilometre 31.0 ATTACHMENT D - SUSTENANCE FOR CADETS DURING STUDY PERIODS SUSTENANCE CATEGORY : Sustenance Rate From 1 February 2017 Category I : Fortnightly Rate $ A Cadet attending a Western Australian University who is not eligible to receive a living away from home allowance as defined in Category II : 439.09 505.42 568.16 623.48 645.70 Category II : Fortnightly Rate A Cadet attending a Western Australian University whose ordinary place of residence is outside a radius of 40 km from the Perth GPO and who is obliged to live away from their ordinary residence. : $ 582.97 675.17 759.96 833.71 859.73 Category III : Annual Rate A Cadet attending an Australian University in another State. : 12,607.74 14,593.74 16,387.58 18,005.22 18,580.35 Special Supplementary Allowance Full-time cadets in Categories II or III who are in residence at a University College, are entitled to a special supplementary allowance to cover the cost of college accommodation. The cost of accommodation in excess of $355 per fortnight is reimbursed by Main Roads. A Cadet who is living in accommodation other than a University College is also entitled to this allowance. However, the reimbursement will not exceed the amount which would have been payable if the Cadet was in residence at a College of the University which they are required to attend. ATTACHMENT E - TRAVEL CONCESSIONS FOR ANNUAL LEAVE APPROVED MODE TRAVEL : TRAVELLING TIME (A) : One day each way. (B) : North of 20 o South - Latitude- two and one half days each way. Remainder - two days each way. (C) : North of 20 o South - Latitude- two and one half days each way. Remainder - two days each way. ATTACHMENT F. – OVERTIME ALLOWANCE PART I - OUT OF HOURS CONTACT The Out of Hours Contact Allowance will be calculated in accordance with clause 28.5(a) of this Agreement. PART II - MEALS (Operative from the beginning of the first pay period on or after 22 January 2015) Breakfast $10.60 per meal Lunch $13.05 per meal Evening Meal $15.65 per meal ATTACHMENT G- COMMUTED OVERTIME ALLOWANCE Clause 62.3(a) refers Main Roads Regions for the purposes of Commuted Overtime