[2010] FWAA 6077 - Finance Sector Union...[2010] FWAA 6077 DECISION Fair Work Act 2009...

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[2010] FWAA 6077

DECISION Fair Work Act 2009 s.185—Approval of enterprise agreement

Royal Automobile Club of Victoria (RACV) Ltd (AG2010/10609)

RACV MEMBERLINE/MSD ENTERPRISE AGREEMENT 2010 - 2013

Banking finance and insurance industry

VICE PRESIDENT LAWLER MELBOURNE, 10 AUGUST 2010

Application for approval of an enterprise agreement - organisation with only one member who would be covered by the agreement and who had not appointed in writing herself or another person to be her bargaining agent - that employee did not want the organisation to represent her - whether organisation entitled to be covered by the agreement. [1] An application has been made for approval of an enterprise agreement known as the RACV Memberline/MSD Enterprise Agreement 2010-2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by the Royal Automobile Club of Victoria (RACV) Ltd (RACV). The Agreement is a single-enterprise agreement. [2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. [3] Pursuant to s.190(3), I have accepted an undertaking from RACV. A copy of the undertaking is attached to this decision at Annexure A. [4] I note that the RACV, the Finance Sector Union of Australia (FSU) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) are agreed that on the proper construction of the Agreement:

(a) the expression “workplace agreement” in the definition of employee representative in clause 6 and in clauses 20.2(a)(iii)(7), 20.2(e), 20.3, 27 and 37 is a reference to Part B of the Agreement; and

(b) the intent of clause 4 was to incorporate the Banking and Finance Industry Award 2010 as Part C of the Agreement.

[5] I note the RACV will include the Banking and Finance Industry Award 2010 as Part C of the Agreement in all copies of the Agreement provided or otherwise made available to employees.

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[6] I note in relation to the matters raised in the 4th and 5th bullet points in the letter dated 2 July 2010 from the FSU to Vice President Lawler (which became Exhibit 2 in the hearing conducted on 21 July 2010), the ASU and FSU are content with the clarification provided on behalf of RACV in the letter dated 19 July 2010 from Macpherson Kelly to Vice President Lawler (which became Exhibit C in the same hearing). [7] The FSU has given notice under s.183 of the FW Act that it wants the Agreement to cover it. There was a contest at the hearing as to whether the FSU was a bargaining representative for the agreement. The FSU tendered a list of members who, on the basis of its records, would be covered by the agreement. There were three names on that list. One of those three names did not appear on the RACV’s list of employees who would be covered by the agreement. The FSU did not seek to challenge the accuracy of the RACV list (presumably on the basis that it recognises that its member database may not be up to date). One of the other two employees on the FSU list had appointed another person to be their bargaining representative. The remaining employee, Ms Little, had written a letter to the relevant RACV manager in the following terms:

As requested I confirm that the Finance Sector Union was not my bargaining representative during the negotiations for our new enterprise agreement. At the start of negotiations I contacted the union but they declined to act on my behalf, I was therefore content to be represented by the member services delivery employees who are participating in the discussions and providing feedback to the staff.

[8] Although Ms Little was “content” to be represented by “the member services delivery employee who are participating in the discussions and providing feedback to staff” there was no evidence that Ms Little had appointed, in writing, a person to be her bargaining representative (and this despite it being clear that Ms Little was cooperating with the RACV). [9] As provided in definition of “bargaining representative” in s.12 of the FW Act, s.176 defines who are the bargaining representatives for an enterprise agreement. Section 176 relevantly provides:

176 Bargaining representatives for proposed enterprise agreements that are not greenfields agreements Bargaining representatives (1) The following paragraphs set out the persons who are bargaining representatives for a proposed enterprise agreement that is not a greenfields agreement:

(a) an employer that will be covered by the agreement is a bargaining representative for the agreement; (b) an employee organisation is a bargaining representative of an employee who will be covered by the agreement if:

(i) the employee is a member of the organisation; and

[2010] FWAA 6077

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(ii) in the case where the agreement is a multi enterprise agreement in relation to which a low paid authorisation is in operation—the organisation applied for the authorisation;

unless the employee has appointed another person under paragraph (c) as his or her bargaining representative for the agreement, or has revoked the status of the organisation as his or her bargaining representative for the agreement under subsection 178A(2)

; or

(c) a person is a bargaining representative of an employee who will be covered by the agreement if the employee appoints, in writing

, the person as his or her bargaining representative for the agreement;

(d) a person is a bargaining representative of an employer that will be covered by the agreement if the employer appoints, in writing, the person as his or her bargaining representative for the agreement.

... Requirement relating to employee organisations (3) Despite subsections (1) and (2), an employee organisation cannot be a bargaining representative of an employee unless the organisation is entitled to represent the industrial interests of the employee in relation to work that will be performed under the agreement. Employee may appoint himself or herself (4) To avoid doubt, an employee who will be covered by the agreement may appoint, under paragraph (1)(c), himself or herself as his or her bargaining representative for the agreement. (emphasis added)

[10] Section 178A relevantly provides:

178A Revocation of appointment of bargaining representatives etc. (1) The appointment of a bargaining representative for an enterprise agreement may be revoked by written instrument. (2) If a person would, apart from this subsection, be a bargaining representative of an employee for an enterprise agreement because of the operation of paragraph 176(1)(b) or subsection 176(2) (which deal with employee organisations), the employee may, by written instrument

, revoke the person’s status as the employee’s bargaining representative for the agreement.

(emphasis added) [11] I am satisfied that Ms Little is a member of the FSU. It was not in dispute that the FSU was entitled to represent the industrial interests of Ms Little. Accordingly, the FSU was Ms Little’s bargaining representative for the Agreement by virtue of the operation of s.176(1)(b) and remained so unless and until Ms Little appointed herself or another person as

[2010] FWAA 6077

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her bargaining representative in accordance with s.176(1)(c) or revoked the FSU’s status as her bargaining agent in accordance with s.176A(2). [12] Section 176(1)(c) and s.176A(2) each require a formal act: the creation of a written instrument appointing someone else (which can be the employee him or herself) or revoking the status of an organisation as bargaining representative. [13] I find that Ms Little did not:

• appoint herself or another person as her bargaining representative for the Agreement in accordance with s.176(1)(c); or

• revoke the status of the FSU as her bargaining representative for the Agreement in accordance with s.178A(2)

[14] Although Ms Little decided that she did not want the FSU to act as her bargaining representative and was content to have others represent her, she did nothing to formalise that position in accordance with the requirements of the FW Act. The result is that, as a matter of law, the FSU remained her bargaining representative. It follows that the FSU was entitled to give notice under s.183(1) stating that it wanted the Agreement to cover it and is entitled to a notation in accordance with s.201(2). [15] The ASU being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. [16] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 17 August 2010. The nominal expiry date of the Agreement is 30 June 2013. [17] In accordance with s. 201(2) of the FW Act I note that the Agreement covers the ASU and the FSU. [18] I note that the application for approval was accompanied by 312 ‘conditional termination’ instruments made pursuant to subitem 18(3) of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. I note that I am not required to make any decision in relation to those ‘conditional termination’ instruments. Rather, subitem 18(8) operates according to its terms in relation to those ‘conditional termination’ instruments so that the individual agreement-based transitional instrument to which each relates terminates when the Agreement comes into operation provided the requirements in subitems 18(2) to (5) have been met. There is nothing in the material before me to indicate that those requirements have not been met.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer <Price code A, AE879846 PR500366>

[2010] FWAA 6077

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ANNEXURE A

UNDERTAKING

WHEREAS:

A. RACY S~1e" and Markding Ny Ltd (Com p!IIJY) applied to fair Work AU8tralia (FW A) pUflIuanl to $.185 oflhe Fair WorkAcl1009 (Act) tor approval of a collective agreement to be known as the M eV Mcmberllne!MSD Enlerpri$e Agreement 1010-1013 (Agnwmellt).

B. That appJicution for approval is FWA matter mU)1ber AG2010110609.

C. ¥WA hIlS required undertakings punsuunt to ~.I9Q ufthe Act 1\8 II conditinn precedent to ~pprov,d of the Agr«ment.

I'UIUlUANT to 8.190 orlhe Ad, lhe Cumpany hereby undertakes to Fair Work Australia that: .

1. It will not design~te IIny Member Cootre Contact Centre location pursuant to c lansc 2(ii) or"thc Agreement other than II uew Member Coul1lel Centre locatio" upened by the Company during the life of the Agreement where the work pCrfOTIllOO is the work that is covered by the Agreement. In particu lar, it will nOI designate !my Ruadside As.~istance contact centre pursuant to clause 2(ii) ofth" Agroom"n!.

2. U will ensun; tb~l ~ copy of this undertaking is made available to all cmployees and will attach them to any cnpy uflhe agreement used by the employer or made available in ·the workplace.

·RACV

. RACV MEMBERLINE/MSD

ENTERPRISE AGREEMENT

2010·2013

RACV Memberline/MSD Enterprise Agreement 2010~2013

INTRODUCTORY CLAUSES

Clause 1. Name of Agreement

This agreement shall be known as the RACV Memberline/MSD Enterprise Agreement 2010-2013 (The "Agreement").

Clause 2. Parties Bound

The parties to the Agreement are:

(i) RACV Sales and Marketing Pty Ltd ("RACV"); and

(ii) Memberline Consultants and Member Service Delivery Consultants (MSD) located at 550 Princes Highway, Noble Park 3174 and any further Member Contact Centre locations designated by RACV.

Clause 3. Commencement Date of Agreement and Period of Operation

This Agreement shall be operative 7 days after the Agreement is approved by Fair Work Australia and will continue to apply until it is replaced by another Agreement. The nominal expiry date of the Agreement is 30 June 2013.

Clause 4. Explanatory Note

The Agreement provides for minimum conditions and is divided into Parts A, Band C.

Part A contains the Common Conditions that apply to all employees of RACV.

PartS contains provisions that apply to employees outlined in Clause 2 of this Agreement employed by RACV.

Part C only applies to employees outlined in Clause 2 of this Agreement employed by RACV and contains the Banking, Finance and Insurance Award 2010 (the Award) subject to the exclusion of any terms which would be unlawful terms under sections 194 and 195 of the Fair Work Act 2009.

The Award is part of this Agreement and does not apply to or have effect in respect of terms and conditions of employment set out in Parts A and B of this Agreement.

Final - 28 May 2010 Page 20[87

RACV Memberline/MSD Enterprise Agreement 2010-2013

Part B of this Agreement shall override Part A to the extent of any inconsistency. Further to this some named Sections of Part A are specifically excluded from applying to the employees outlined in Clause 2 of this Agreement employed by RACV and these are spelled out in Part B.

Should both Part A and Part B be silent on terms or conditions then the Banking, Finance and Insurance Award 2010 shall prevail.

Clause 5. Table of Contents

INTRODUCTORY CLAUSES ................................................................................... 2 Clause 1. Clause 2. Clause 3. Clause 4. Clause 5.

PART A-

Name of Agreement. ....................................................................... 2 Parties Bound ................................................................................. 2 Commencement Date of Agreement and Period of Operation ... 2 Explanatory Note ............... : .................. : ......................................... 2 Table of Contents ........................................................................... 3 RACV COMMON CONDITIONS ...................................................... 6

Clause 6. Definitions ....................................................................................... 6 Clause 7. Relationship with other Agreements and Awards ....................... 8

DIVISION 1 - APPLICATION AND OPERATION OF THE COMMON CONDITIONS OF EMPLOYMENT ........................................................................... 9 Clause 8. Purpose of the RACV Common Conditions ................................. 9 Clause 9. Application of the RACV Common Conditions ............................ 9 Clause 10. Enterprise Flexibility .................................... : ................................. 9 Clause 11. Fair Treatment and Anti- Discrimination .................................... 10 Clause 12. Whistle-blowing ............................................................................ 10 Clause 13. Duty of Fidelity and Confidentiality ............................................ 11

13.1 . Employee Duty .................................................................................... 11 ·13.2 Unauthorised Transactions ................ : .................................... ; .......... 11 13.3 Conflict of Interest .............................................................................. 12 13.4 Non Compliance ............................................................................•..... 12

DIVISION 2 - MINIMUM EMPLOYMENT CONDITIONS ....................................... 13 Clause 14. Hours of Work ............................................................................... 13 Clause 15. Annual Leave ................................................................................ 14

15.1 Entitlement .......................................... : ............... ; ............................... 14 15.2 Payment for leave ............................................................................... 14 15.3 Leave in advance ................................................................................ 15 15.4 Limit on accrual of annualleave ........................................................ 15 15.5 Public holiday falling during a period of annual leave .................... 15 15.6 Absence on a day adjoining annual leave ........................................ 15 15.7 Payment for Leave on Termination of Employment. ........................ 16 15.8 Working Arrangement - 48/52 ........................................................... 16 15.9 Single Days .......................................................................................... 16

Clause 16. Personal Leave ............................................................................. 16 16.1 Paid Sick Leave Entitlement .............................................................. 17 16.2 Paid Carers Leave ............................................ ; .................................. 18 16.3 Unpaid Carers Leave ................. ; ........................................................ 18 16.4 Must be Sole Carer .............................................................................. 19

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16.5 Unpaid Carers'Leave for Grandparents ........................................... 19 16.6 Compassionate Leave ........................................................................ 20 16.7 Additional Compassionate Leave ...................................................... 20

Clause 17. Parental Leave .............................................................................. 20 17.1 Eligibility and Entitlement .................................................................. 20 17.2 Part-time Work .....•.............................................................................. 23 17.3 Maternity Leave ................................................................................... 25 17:4 Paternity Leave ................................................................................... 30 17.5 Adoption Leave ......... , ......................................................................... 33

Clause 18. Flexible Work for Parents ............................................................ 37 Clause 19. Community Services Leave ......................................................... 37

19.1 Jury Service Leave .............................................................................. 37 19.2 Blood Donor Leave ............................................................................. 37 19.3 Emergency Services Volunteer Leave ......... , .................................... 37 19.4 Defence Forces (Reserves) Leave ...................................................... 38

Clause 20. Public Holidays and Payment thereof ........................................ 38 20.1 Days to be Observed .......................................................................... 38 20.2 Entitlement to Public Holidays ........................................................... 38 20.3 Payment for Work on a Public Holiday ............................................. 41

Clause 21. Information in the Workplace .. , ................................................... 41 Clause 22. Termination of Employment ........................................................ 42

22.1 Notice of termination by RACV .......................................................... 42 22.2 Time Off During Notice Period ........................................................... 43 22.3 Notice of Termination by Employee .................................................. 43

.22.4 Statement of Employment .................................................................. 43 22.5 Summary Dismissal ............................................................................ 43 22.6 Unlawful Dismissals ........................................................................... 43

Clause 23. Abandonment of Employment. .................................................... 44 Clause 24. Introduction of Major Change ...................................................... 44 Clause 25. Redundancy ................................................................•................. 45

25.1 Discussions before Terminations ...................................................... 45 25.2 Transfer to lower paid duties ............................................................ .46 25.3 Severance pay ..................................................................................... 46 25.4 Annual Leave, Leave Loading and Redundancy ............................. .48 25.5 Long Service Leave and Redundancy ............................................... 48 25.6 Outplacement counselling .................................... : ............................ 48 25.7 Employee leaving during notice period ........................................... .48 25.8 Alternative employment ..................................................................... 48 25.9 Time off during notice period ........................................................... .48

Clause 26. Long Service Leave .................................................•.................... 50 26.1 Entitlement and Accrual ..................................................................... 50 26.2 Rate of Pay ........................... , .........................•.................................... 50 26.3 Notice Requirements ; ......................................................................... 50 26.4 Public Holidays and Long Service Leave ......................................... 51 26.5 Termination of Employment and Long Service Leave ...................... 51

DIVISION 3 - PROTECTED CONDITIONS ........................................................... 52 Clause 27. Remuneration ............................................................................... 52

27.1 Payment of Remuneration .................................................................. 52 27.2 Pay Slips .............................................................................................. 52 27.3 Payment of Remuneration on Termination ............................. , ......... 53

Final - 28 May 2010 Page 4 0[87


27.4 Overpayments and Underpayments .................................................. 53 27.5 Remuneration Packaging ................................................................... 54

Clause 28. Junior Rates ................ ~ ................................................................. 55 Clause 29. RACV and Employee Duties ........................................................ 55 Clause 30. Employment with RACV ............................................................... 56 Clause 31. Minimum Period of Employment ................................................. 56 Clause 32. Type of Employment .................................................................... 56 Clause 33. Interruption of Work .............................................................. ; ...... 59 Clause 34. Meal and Rest Breaks .................................................................. 59 Clause 35. Work on Saturdays and Sundays for Non Shift Workers .......... 60 Clause 36. Work on Evenings and Early Mornings for Non Shift Workers 60 Clause 37. Overtime/Reasonable Additional Hours ..................................... 60

37.1 Payment for Additional Hours ........................................................... 61 37.2 Make - Up Time in Lieu of Additional Hours .................................... 61 37.3 Rest Periods after Additional Hours .................................................. 61

Clause 38. Shift Work (Rostering, Penalty Rates, Overtime and Allowances) ................................................................................... 62

Clause 39. Annual Leave Loading .................................................................. 62 Clause 40. Leave without Pay ........................................................................ 62 Clause 41. Leave for Court Case Attendance ............................................... 62 Clause 42. Special Leave ................................................................................ 63 Clause 43. Religious Holidays and Cultural Leave ...................................... 63 Clause 44. Child Care Leave .......................................................................... 63

44.1 Applying for Child Care Leave ........................................................... 64 44.2 Entitlements While on Child Care Leave ... ' ....................................... 64 44.3 Replacing Employees on Child Care Leave.: .................................... 64

Clause 45. Other Forms of Leave Applicable to a Particular Business of

Clause 46. Clause 47. Clause 48. Clause 49. Clause 50. Clause 51.

RACV ......................................................................................... ~ ... 64 Call Back ....................................................................................... 64 Standby for Work .......................................................................... 65 Higher Duties Allowance ............................................................. 65 Employee Travel Costs ................................................................. 65 Dress Policy, Uniforms and Subsidy .......................................... 66 Other Forms of Allowances and Penalties Rates Applicable to a Particular Business of RACV ............................................... 66

Clause 52. Consultative Mechanisms and Procedures ............................... 67 Clause 53. Disputes Procedure ...................................................................... 67 Clause 54. Occupational Health and Safety Matters .................................... 68

54.1 Workers' Compensation ..................................................................... 68 54.2 Accident Make-up Pay ........................................................................ 68 54.3 Rehabilitation ...................................................................................... 69 54.4 Employee Eyewear .............................................................................. 69 54.5 Employee Dress Safety Standards .................................................... 69 54.6 First Aid ............................................................................................... 69 54.7 Smoke Free Workplace ....................................................................... 70 54.8 Occupational Diseases ....................................................................... 70

Clause 55. Movement of Employees ............................ : ................................ 70 Clause 56. Absence Management. ................................................................. 70 Glause 57. Reward and Recognition ............................................................. 70 Clause 58. Performance Feedback ................................................................ 71


RACV Memberline/MSD Enterprise Agreement 2010·2013

Clause 59. Life Style Management. ................................................................ 71 Clause 60. Daylight Saving ....•........................................................................ 71 Clause 61. Subscriptions ................................................................................ 71

PART B - MEMBERLINE/MSD SPECIFIC CLAUSES .......................................... 72 Clause 62. Additional Definitions .................................................................. 72 Clause 63. Weekends, Loadings and Hours of Work ................................... 72

Clause 64. Overtime ......................................... ; ............................................... 74 64.1 Full-Time Employees ................................................................................ 74 64.2 Part-Time Employees .............................................................................. 74 64.3 General Overtime Provisions ................................................................... 75 64.4 Payments for Overtime ............................................................................. 75 64.5 Meal Money .................................. : ............................................................ 75 64.6 Transport Home ................................................................................... ; ... 76

Clause 65. Rostering ........................................................................................ 76 Clause 66. Call Recording/Call Coaching ...................................................... 77 Clause 67. Salary Increase ............................................................................... 79 Clause 68. Public Holidays ....................................................................... ~ ...... 79 Clause 69. Annual Leave ................................................................................. 80 Clause 70. Long Service Leave ....................................................................... 80 Clause 71. Training and Development ........................................................... 80 Clause 72. Transfers/Exchanges of Staff Between the Retail Network,

Roadside Assistance Centre and Memberline ............................ 81 Clause 73. No Extra Claims ............................................................................. 81 Clause 74 Flexible Part-Time Employment. ........................ , ......................... 82 Clause 75 Agreement Flexibility : ................ : .................................................. 83 Clause 76 Consultation/Communication with Consultative Committees .. 85 SIGNATORIES TO THE AGREEMENT ................................................................. 86 APPENDIX A .................. , ............•..................................................•..................... 87

PART A- RACV COMMON CONDITIONS

Clause 6. Definitions

"Act" means the Fair Work Act 2009 as amended from time to time.

"Conditions" mean the provisions of Part A of this Agreement.

"Continuous Service" means a period in which an employee has served RACV under an unbroken contract of employment which includes periods of authorised leave and authorised unpaid leave.

"Customary hours of work" includes day work and are hours worked by an employee that is not engaged as a shift worker and that is 10 hours or less per work period and does not constitute additional hours.

"Employee representative" is any person of an employee's choice to represent such employee in any matter arising under the Common Conditions or a Workplace Agreement, including a trade union official or office bearer.



"Days Work" shall mean work performed between the usual or rostered hours of commencing and finishing work on any day work, or shift work.

"Maximum term employee" includes employees employed for a fixed term or specified term.

"Medical practitioner" means a person registered, or licensed; as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.

"Ordinary hours" excludes any overtime and means the span of hours during which employees can be rostered to work (excluding unpaid breaks). Also refer definitions

. for "Weekly Wage" and "Weeks Pay"

"Overtime rates" means additional remuneration paid to an employee for work performed in addition to an employees' Ordinary Hours of work, in a day or a week.

"Pay Period" refers to the period that determines the frequency of payment of an employee's remuneration.

"Registered health practitioner" is a health practitioner registered, or licensed, as a health practitioner under a law of a state or territory that provides for the registration or licensing of health practitioners.

"Shift work" . Means continuous work carried on with consecutive shifts of employees throughout the twenty four hours of each of at least six consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of RACV. This includes work on Saturday, Sundays and

. Public Holidays.

"Shift workers" are employees who are designated as shift workers by a particular workplace agreement and who are engaged in shiftwork in writing.

"Applicable Hourly Rate" shall mean the Weekly Wage as defined below divided by the number of hours which constitute the ordinary working week in the work area to which this Agreement applies.

"Weekly Wage" shall mean the ordinary time rate of pay for the employee concerned. Provided that:

1. Such rate excludes:

• Overtime • Penalty rates • Disability allowances • Shift allowances • Special rates • F ares and travelli ng ti me allowances

Final - 28 May 2010 Page7of87

RAev Memberline/MSD Enterprise Agreement 2010-2013

• Bonuses • Superannuation • Higher Duties Allowances; and • Any other ancillary payments of a like nature.

2. For employees engaged as shift workers, the Weekly Wage, and therefore the Applicable Hourly Rate, includes shift allowances and penalty rates only when actually working on a shift, and for the purposes of Clause 19.1 - Jury Service Leave and Clause 25 - Redundancy, and Annual Leave Clause 15.

3. Day workers who are entitled to a penalty or loading for work performed shall receive this penalty or loading in addition to their Applicable Hourly Rate.

"Week's pay" means the Hourly rate of pay as defined above "Applicable Hourly Rate".

"Work period" means the hours of work an employee is rostered to work on a particular day. It can be work performed on a single calendar day or work performed across two calendar days.

Clause 7. Relationship with other Agreements and Awards

No employee engaged by RACV shall be prejudiced by this Agreement or have their employment benefits reduced overall. This Agreement shall be read and interpreted wholly in conjunction with the relevant Award. It shall replace and extinguish any former agreement, including workplace agreements and certified agreements under the Act.

The Agreement is to be read in conjunction with RACV Human Resources Policies & Procedures as amended from time to time. These policies are available on the RACV Intraweb - The Source.

Final- 28 May 2010 Page 8 of87


DIVISION 1 - APPLICATION AND OPERATION OF THE COMMON CONDITIONS OF EMPLOYMENT

Clause 8. Purpose of the RACV Common Conditions

RACV and its employees recognise the need to establish a climate of mutual cooperation to achieve common goals in a flexible environment receptive to change and committed to achieving maximum benefit for all parties.

The concept of work flexibility sought to be achieved by these Conditions envisage employees and RACVworking together to achieve RACV's business needs, taking employees' pe~sonal needs into account. This system of work requires a mature working relationship to be established between RACV and employees.

The Conditions supports a work environment that encourages:

• A culture of continuous improvement • Trained and competent employees who are appropriately rewarded for

the.ir skills and efforts • RACV, employees and their representatives cooperating to improve

workplace efficiency.

RACV and employees are committed to cooperate to achieve the principles arid initiatives identified in the RACV Corporate Plan and operational and departmental plans. .

RACV and employees acknowledge that technological change, and the introduction of new products and services will continue in future. They agree to work together to identify and implement new business opportunities to ensure the ongoing viability of RACV.

Clause 9. Application of the RACV Common Conditions

The Conditions apply to all employees of RACV.

Clause 10. Enterprise Flexibility

RACV and its employees are committed to co-operate to increase the efficiency, productivity, service excellence and competitiveness of RACV and to enhance the career opportunities and job security of employees in RACV. The parties are committed to providing opportunities that positively assist in job creation.

It is recognised that employees can be more fully utilised to provide improvement to existing services, as well as delivering an expanded range of services.

Final - 28 May 2010 Page 90f87

RACV Memberline/MSD Enterprise Agreement 2010-2013 .

RACV acknowledges that by utilising the employees more fully, they will have greater opportunity for multi-skilling and career development. Employees acknowledge the benefits such an approach of continuous improvement to existing services and the delivery of any expanded range of services.

While it is RACV's responsibility to determine the future direction of its business, it is acknowledged that it is desirable and a requirement of these Conditions that ~ny . significant changes be implemented in consultation with staff and their employee representatives, in accordance with Clause 24 - Introduction of Major Change.

Technology is seen by the parties to this Agreement as integral to this Agreement and provided it is introduced on the basis of consultation through the established committees, appropriate training and subject to health and safety considerations, neither party will hinder its introduction.

RACV and its employees will use consultative mechanisms and procedures to improve RACV's competitiveness, service excellence and productivity.

Clause 11. F air Treatment and Anti- Discrimination

A core value guiding RACV's corporate behaviour is to act with honesty and integrity and treat everyone with respect. RACV is committed to providing a workplace that is free from harassment, discrimination and hostility and in which all employees have equal access to workplace opportunities. RACV is also committed to increasing the skill and competency levels of all employees to provide equal opportunity for promotion and access to career path progression.

'Workplace' includes work on RACV premises or at external locations, or when attending functions or activities on behalf of or when representing RACV.

Harassment, discrimination and/or bullying constitute serious misconduct and may lead to dismissal. Employees exposed to harassment, bullying or discrimination are encouraged to consult a support person, which may include an employee representative of the employees choosing, or contact the Human Resources Department.

Comprehensive policies and procedures are in place and will be maintained to address these issues and provide appropriate protection for employees.

Clause 12. Whistle-blowing

RACV will not condone.illegal, dishonest and/or unethical conduct and/or professional misconduct. Employees are encouraged to raise concerns about such misconduct internally by consulting their manager or an appropriate senior level manager or the designated Whistle-blowing Officer in the Human Resources Department.



Protection is provided to employees who reasonably believe that the disclosed conduct involves malpractice or impropriety, 'and who make the disclosure to an appropriate person. RACV will treat all disclosures in a confidential and sensitive manner. No employee will be penalised or disadvantaged in their employment as a result of making a disclosure in good faith. However, if a complaint is proven to be malicious or vexatious, disciplinary action may be taken against the person making the complaint.

Clause 13. Duty of Fidelity and Confidentiality

13.1 Employee Duty

Employees have a duty of fidelity and good faith to RACV and are obliged to further RACV's business interests. Employees cannot perform acts outside working hours which are inconsistent with their employment with RACV, During the course of employment with RACV, employees may have access to confidential information, obtain documents or develop materials. Such information, documents or materials are the property of RACV and are confidential. They shall only be used by employees in the performance of their duties. RACV expects that employees will honour their obligations in this respect and preserve the confidence of information imparted to them.

During their employment, or at any time after their employment ceases, employees are not permitted to:

• retain or remove copies of any RACV property relating to the business or affairs of RACV, including, but not limited to, RACV correspondence, mailing or membership lists, financial information, computer records, software or tapes, pricing and client data;

• directly or indirectly disclose any information contained in RACV documents to any person, unless expressly authorised to do so. This duty extends to confidential information that may be

, obtained from pay slips, AAA forms, e-mail etc; • use any of the information referred to above for their own

benefit, or for the benefit of a third person.

13.2 Unauthorised Transactions

During employment, or at any time after employment ceases, employees are not permitted to:

• Knowingly falsify any records without being authorised to do so and/or breach RACV Policies and Procedures;

• Issue, amend or alter another person's records to provide an unauthorised benefit to that person;

Final- 28 May 2010 Page 11 0[87


• Issue, alter or amend records or receipt payments to RACV, for themselves and/or family members;

• Knowingly sell, alter or amend products and/or services outside of their normal duties to obtain a personal advantage and/or benefit.

13.3 Conflict of Interest

During their employment, private business or other interests of an employee may not conflict with the business interests of RACV or any of its subsidiaries.

An employee may not enter into a situation that enables them to exercise or gain unfair financial advantage for themselves or a third party as a result of their employment with RACV or any of its subsidiaries.

13.4 Non Compliance

In the event that an employee breaches any part of the provisions in Clause 13 the employee shall be subject to .disciplinary action that could include dismissal and/or appropriate legal proceedings.

Final- 28 May 2010 Page 12 0187


DIVISION 2- MINIMUM EMPLOYMENT CONDITIONS

Clause 14. Hours of Work

(i) The provisions of this clause are subject to the provisions of the Workplace Agreement that may apply to employees or their workplaces.

(ii) Employees may be required to work at any time on any day of the week.

(iii) Ordinary hours for a full time employee shall be an average of 38 hours per week.

(iv) Ordinary hours for a part time employee shall be an average of less than 38 hours per week. These hours may be averaged over 26 weeks. This means that an employee can be paid more or less than the actual hours worked in a particular pay period. No employee will be paid less than the actual hours worked over any particular year.

(v) Ordinary working hours for a full time employee will total 1976 hours over 52 weeks and ordinary hours for a part-time employee will total less than 1976 hours over 52 weeks. Ordinary hours for employees may be averaged over a 26 week period. This means that an employee can be paid more or less than, the actual hours worked in a particular pay period. No employee will be paid less than the actual hours worked over any particular year.

(vi) The ordinary hours of work will not exceed 10 per day. Where an employee is directed to work in excess of 10 hours on any day, such hours will be regarded as additional hours as per Clause 37.

(vii) Employees may be employed to work customary hours of work or shifts . . Where appropriate, procedures enabling continuous operation during shiftwork may be implemented.

(viii) Employees may be required to work reasonable additional hours.

(ix) Starting and finishing times of individuals within a workplace may be staggered to ensure maximum capacity utilisation.

(x) RACV may give employees seven days notice of any change pertaining to an employee's working hours, including starting and finishing times. Employee's personal circumstances will be taken into account.

(xi) In a case of emergency beyond its control, RACV may require an employee to change his/her usual working hours (including the meal break of such period).



Clause 15. Annual Leave

The provisions of this clause apply only to full-time, part-time employees, and maximum term employees.

15.1 Entitlement

(a) Employee other than a shift worker

Full- time employees, other than shift workers, are entitled to 152 hours annual leave at the Applicable Hourly rate/Weekly Wage for each completed year of employment by RACV. Part time employees are entitled to annual leave on a pro-rata basis.

(b) Shift workers

A full time shift worker is entitled to 190 hours annual leave Applicable Hourly rate/Weekly Wage for each completed year of employment by RACV. Part time shift workers are entitled to annual leave on a pro-rata basis.

Where an employee is engaged for part of a completed year as a shift worker, he/she is entitled to have the period of annual leave increased by half a day for each month he or she is continuously engaged as a shift worker.

(c) Leave accrual

Leave accrues continuously during the employment and is credited on the basis of nominal hours worked for each completed four week period of continuous employment of 1/13 of the nominal hours worked in that four week period. A nonshift work employee whose nominal hours were 38 per week over a 12 month period will accrue 152 hours of annual leave. A shift worker will accrue 190 hours of annual leave.

15.2 Payment for leave

Payment for annual leave will be at the employee's Applicable Hourly rate/Weekly Wage which the employee was receiving immediately prior to the commencement of their leave except where a workplace agreement provides for a different rate.

Annual leave loading of 17.5% has been annualised into an employee's salary. Employees whose loading entitlement is greater than 17.5% will have the outstanding balance paid when.annualleave is taken.



15.3 Leave in advance

RACV may at any time grant in advance a period of annual leave on full pay.

Where the leave is taken before the right to the annual leave has accrued, the right to further annual leave does not accrue until after the completion of the period of employment in' respect of which that leave has been taken.

Where an employee has taken leave in advance and where such employee's employment is terminated before the leave in advance has accrued, RACV subject to obligations imposed on RACV by any law, may deduct moneys in respect of such un-accrued leave from final payments due to an employee.

15.4 Limit on accrual of annual leave

RACV manages employees' annual leave entitlements to ensure no employee's leave balance exceeds 40 days,

Where an employee's leave balance is 40 days or greater, RACV may direct that employee to take up to Y. of the accrued leave by giving four weeks' written notice of when the leave is to start.

, ·15.5 Public holiday falling during a period of annual leave

Where any public holiday for which the employee is entitled to payment occurs during a period of annual leave, the period of the leave is increased by one day.

15.6 Absence on a day adjoining annual leave

Where the period of an employee's annual leave is extended by a public holiday or holidays occurring and the employee is absent from their employment without either the production of a Medical Certificate, or Statutory Declaration, or reasonable excuse

(a) . on the working day immediately preceding the first day of that period of annual leave, the employee shall not be entitled to payment for such public holiday, or the first of such holidays, as the case may be;

(b) On the working day immediately following the last day of that period of annual leave the employee will not be entitled to payment for such public holiday, or the last of such holidays, as the case may be.



15.7 Payment for Leave on Termination of Employment

When the employment of an employee has been terminated, RACV will pay the employee accrued annual leave.

Where the employment has been terminated after it has continued for one year or longer and annual leave has not been taken RACV shall forthwith pay to the employee four weeks' pay in the case of leave falling within subclause 15.1 of this clause, together with an amountequal to onetwelfth of their pay for the period of employment in excess of that year; provided that any payment in respect of overtime work or work on a Saturday or Sunday or on a holiday shall be excluded from the calculation.

15.8 Working Arrangement - 48/52

Full-time and part-time employees may, with the agreement of RACV, work a 48/52 arrangement, where the employee is entitled to eight weeks annual leave each year. Under this arrangement, employees are paid 92.3% of their salary.

15.9 Single Days

RACV and an eniployee may agree to establish a system of single annual leave absences, provided that:

(a)

(b)

Clause 16.

An employee may elect, with the consent of RACV, to take annual leave in single day periods not exceeding five days, unless agreed otherwise, in any calendar year at a time or times agreed between them.

Access to annual leave in single days is exclusive of any shutdown period provided for elsewhere under these Conditions.

Personal Leave

Personal leave consists of si.ck leave, carers leave and compassionate leave.

"Sick leave" occurs when an employee (other than a casual employee) is absent from work due to personal illness or on account of injury due to an accident.

"Carers' leave" consists of paid sick leave and paid or unpaid carer's leave.

"Carers' leave" occurs when an employee with responsibilities in relation to members of his/her immediate family or household takes paid sick leave or carers' leave to provide care or support to a member of an employee's immediate family or household who reqllires care or support because of illness or injury or an unexpected emergency affecting that person.



"Immediate family" includes a spouse (former spouse and de facto spouse), a child (including an adopted child, stepchild or an extra-nuptial child), parent, parent·in·law, grandparent, grandchild or sibling of the employee or spouse of the employee.

"De facto spouse" is a person who lives with the employee as a wife, husband or partner on a genuine domestic basis irrespective of marital status or gender.

16.1 Paid Sick Leave Entitlement

An employee, other than a casual employee, is entitled to the following amount of paid sick leave:

(a) First Two Years of Service

76 hours of sick leave in each of the first two years of service (i.e . . 152 hours for the first two years). Part time employees are entitled to annual leave on a pro-rata basis.

(b) Third and Subsequent Years of Service

91.2 hours of sick leave in the third year and 91.2 hours accrues per year of service thereafter. Part time employees are entitled to annual leave on a pro-rata basis ..

(c) Cumulation and Accrual Sick leave

Sick Leave is cumulative and accrues progressively during the employment and is credited for each completed period of four weeks continuous service of at least 1/26 of the nominal hours worked by the employee during that four week period.

(d) Notification of absence

An employee who is absent from duty as a result of personal ill health or accident shall notify RACY within 60 minutes or as soon as practicable of such absence and, if possible, the expected duration of the absence.

(e) Certificates or Statutory Declarations

Final- 28 May 2010

To be entitled to sick leave employees are required to provide a medical certificate from a registered health practitioner or statutory declaration to RACY in the following circumstances:

(i) If the duration of the sick leave is two consecutive days . or longer;

Page 170/87


(ii) Once an employee has exhausted 4 days of sick leave . from the commencement of their anniversary date, for

all further sick leave the employee must produce a Medical Certificate or Statutory Declaration.

(iii) Employee is employed for a maximum term.

(f) Extended Sick Leave Absences

Employees who have an extended absence from work due to illness or injury may be entitled to a benefit from their superannuation fund to compensate them during the period of the absence. Employees in this situation need to ensure they meet relevant leave approval requirements. For example, the employee needs to apply for the appropriate form of leave from RACV (such as unpaid sick leave). The employee also needs to maintain contact with his or her immediate manager and to provide medical certificates establishing an ongoing inability to attend work.

Employees should check specific entitlements with their superannuation fund.

16.2 Paid Carers Leave

(a) Employees, other than casual employees, may use their accrued sick leave as carer's leave. Leave may be taken for part of a day.

(b) In exceptional circumstances, for example where the employee is the only carer, employees (other than casual employees), can apply to their manager for a further three days paid carer's leave which may be given in addition to their sick leave entitlement i.e. without reducing their remaining sick leave entitlement.

16.3 Unpaid Carers Leave

All employees, including casual employees, are entitled to unpaid carer's leave for each occasion when a member of the employee's immediate family, or of a member of the employee's household requires care or support, an employee may elect, with the consent of RACV, to take unpaid leave for the purpose of providing care to a member of the immediate family or immediate family (as defined in this clause) who is ill.

(a) An employee is entitled to unpaid carer's leave for a permissible occasion during a particular period only if the employee cannot take any of the following types of paid leave during the period:

(i) paid personal/carer's leave;


RACV Memberline/MSD En,terprise Agreement 2010·2013

(ii) any other authorised leave of the same type is not available.

Notification to Manager

(a) Employees needing to take carer's leave shall notify RACV within one hour of the employee's start time or as soon as practicable of such absence that the employee requires leave to provide care or support to a member of the employee's immediate family or household who requires care or support because of illness, injury or an unexpected emergency, and if possible, the expected duration of the absence.

(6) If prior notice is not practicable, the employee or a family member must notify the employee's manager by telephone, preferably within one hour of the employee's start time or as soon as practicable,

(c) To be entitled to carer's leave, the employee must if required by RACV provide RACV with the following evidence:

(i) If the leave is to support a family or household member due to illness or injury, a medical certificate from a registered health practitioner or statutory declaration confirming that the nature of the illness or injury of the person concerned requires the care of another person.

(ii) If the leave is due to an unexpected emergency affecting a family or household member, a statutory declaration stating the nature of the emergency and the support provided by the employee,

16.4 Must be Sole Carer

In normal circumstances, employees must not take carer's leave where another person has taken leave to care for the same person.

16.5 Unpaid Carers' Leave for Grandparents

Employees who are grandparents may, depending on operational circumstances of RACV and subject to agreement with RACV, take up to 52 weeks unpaid carer's leave for purposes of providing care to their grandchildren.



16.6 Compassionate Leave

Compassionate leave consists of bereavement and supportive leave.

(a) An employee, other than a casual employee, is entitled to up to five ordinary days paid bereavement leave on each occasion a member of the employee's immediate family or household in Australia dies. If employees wish to attend the funeral of an immediate family member outside Australia, leave of up to an additional five days may be granted and deducted from their personal/carer's leave balance for the year.

(b) An employee is also entitled to up to 2 ordinary days paid supportive leave on each occasion that a member of their immediate family or household sustains a serious injury or illness that poses a risk to life.

(e) Where bereavement leave is taken under clause 16.6(a), proof of death must be provided to RACV if requested.

(d) Where supportive leave is taken under clause 16.6(b), the employee must establish by the production of a medical certificate from a registered health practitioner or a statutory declaration, the illness of or injury to the member of the employee's immediate family or household.

16.7 Additional Compassionate Leave

(a) Employees requiring additional leave are entitled to use accumulated sick leave as paid compassionate leave in excess of ' the compassionate leave provisions. On each such occasion, up to two days (including the day of the funeral) may be used.

(b) Where no accumulated sick leave is available for employees requiring additional compassionate leave, employees are entitled to unpaid leave of two days on each occasion.

Clause 17. Parental Leave

Parental leave includes maternity leave, paternity leave, pre-adoption and adoption leave:

17.1 Eligibility and Entitlement

(a) Full time, part time, maximum term and eligible casual employees are entitled to parental leave of up to 52 weeks. The period of 52 weeks is the aggregate of maternity leave, special maternity leave, short paternity leave, long paternity leave, pre-adoption



(b) Definitions

leave, adoption leave or any other authorised leave related to parental leave under this clause. The only exclusion to the aggregate is paid leave for a pregnant employee because RACV was not able to transfer her to a safe job andlor where RACV grants a request for further assistance for parental responsibilities under clause 17.1 (g) of these Conditions.

"Continuous service" means service under an unbroken contract of employment and includes: - any period of leave taken in respect of parental leave; - any part-time employment as a result of parental leave; - any leave or absence authorised by RACV.

"De facto spouse" is a person who lives with an employee as a wife, husband or partner on a genuine domestic basis irrespective of marital status or gender.

"Eligible casual employee" means a casual employee engaged on a regular and systematic basis over a period of at least 12 . months and who has a reasonable expectation of continuing engagement.

"Replacement employee" is an employee specifically engaged as a result of an employee proceeding on parental leave.

"Spouse" includes a de facto or a former spouse or a former de facto spouse.

(c) Continuous Service Requirement

An employee must have had at least 12 months continuous service with RACV immediately preceding the date of parental leave.

(d) Replacement Employees

Final - 28 May 2010

Replacement employees are engaged by RACV to temporarily replace an employee on parental leave subject to the following conditions:

•

•

Before RACV engages a replacement employee it shall inform the person of the temporary nature of the employment and of the rights of the employee on parental leave. Before RACV engages a person to replace an employee temporarily promoted or transferred in order

Page 21 0187

RACV Memberline/MSDEnterprise Agreement 2010·2013

to replace an employee on parental leave, RACV shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being temporarily replaced.

• RACV is not compelled to engage a replacement employee.

(e) Effect of Parental Leave on Employment

Absence on parental leave does not break the continuity of service of an' employee but unpaid parental leave shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement. Long service leave, annual leave and personal leave will only accrue during the period of parental leave that is paid.

(f) Termination of Employment

An employee on parental leave may terminate her/his employment at any time during parental leave by giving appropriate notice in terms of these conditions.

(g) Right to Request Further Assistance for Parental Responsibilities

Final - 28 May 2010

An employee entitled to parental leave and who needs assistance in reconciling work and parental responsibilities, may request RACV: • To extend the period of simultaneous unpaid parental

leave (short paternity leave) up to a maximum of eight weeks;

• To extend the period of unpaid parental leave by a further continuous period of leave not exceeding 12 months;

• To return from a period of parental leave on a part-time basis until the child reaches school age.

RACV will consider the request taking into account the employee's circumstances and, provided the reGiuest is genuinely based on the employee's parental responsibilities, may refuse the request on reasonable grounds related to the effect on the workplace or the business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

Page 22 of87


17.2 Part-time Work

(a) Former Position

Under this clause "former position" means the position held by an employee immediately before proceeding on parental leave under this subclause or if such position no longer exists but there are other positions available for which the employee is qualified and the duties of which he or she is capable of performing, a position as nearly comparable in status and pay to that of the position first mentioned in this definition.

(b) Entitlement

Employees returning from parental leave may request to work part·time. Any requests for changes in hours (Le. full time to part time), if agreed to by RACV, will constitute a permanent change in employment status. .

(c) Request to work part-time

Requests should be made in writing to RACV as soon as reasonably practicable before an employee is due to return to work. RACV will consider all requests taking into account business needs.

(d) Part-time work agreement

(i) Before commencing part-time employment under this sub-clause the employee and RACV shall agree:

• that the employee work part-time; • upon the hours to be worked by the employee, the

days upon which they will be worked and commencing and finishing times for the work;

• upon the classification applying to the work to be performed; and .

(ii) The terms of this agreement may be varied by consent.

(iii) The terms of this agreement shall be in writing and retained byRACV. RACV shall provide a copy of the agreement to the employee.

(e) Nature of part-time work

Final - 28 May 2010

Should a request to work part time not be approved the employee still has the right to return to their pre-parental leave position provided that their total absence does not exceed 12 months. Where that job no longer exists, employees will be entitled to

Page 230[87


other positions, provided that they are available, as nearly comparable in pay and conditions to their former roles, and for which they are suitably qualified and capable.

If requests are unable to be accommodated based on business . needs and an employee still wishes to work in a part time capacity

employees should contact the business to discuss possible alternative positions that meet personal needs. If RACV is unable to provide a part time role then the employee must return to their pre parental leave role.

(f) Effect of part·time employment on continuous service

Continuity of service shall not be interrupted by part-time work as a result of parental leave.

(g) Pro rata entitlements

Subject to the provisions of this clause and the part-time work agreement [Clause 17.2(d)], part-time employment shall be in accordance with these Conditions and employee entitlements will accrue pro rata.

(i) Transitional arrangements - Annual Leave

An employee working part-time under this subclause shall be paid for and take any leave accrued in respect of a period of full-time employment, in such periods and manner as specified in the annual leave provisions of these Conditions, as if the employee were working full-time in the class of work the employee was performing as a full-time employee immediately before commencing part-time work under this subclause.

(i) a full-time employee shall be paid for and take any annual leave accrued in respect of a period of part-time employment under this subclause, in such periods and manner as specified in this document, as if the employee were working part-time in the class of work the employee was performing as a part-time employee immediately before resuming full-time work.

(ii) provided that, by agreement between RACV and the employee, the period over which the leave is taken may be shortened to the extent necessary for the employee to receive pay at the employee's current full-time rate.

(j) Transitional arrangements - Sick Leave

Final - 28 May 2010

An employee working part-time under this subclause shall have sick leave entitlements which have accrued under these

Page 24 0[87


Conditions (including any entitlement accrued in respect of previous full-time employment) converted into hours. When this entitlement is used, whether as a part-time employee or as a fulltime employee, it shall be debited for the ordinary hours that the employee would have worked during the period of absence.

(k) Return to full-time employment

Should an employee' want to return to a full time role, after working part time on return from parental leave, there is no guarantee the business will be able to accommodate the request. . All requests for additional hours will be considered in line with the RACV Recruitment and Selection policy and business needs.

17.3 Maternity Leave

(a) Maternity leave includes ordinary maternity leave and special maternity leave and is taken because an employee is or was pregnant.

(b) Paid Maternity Leave Employees may take up to eight weeks of ordinary maternity leave on full pay (or 16 weeks on half pay). The remainder of ordinary maternity leave is unpaid leave.

(e) Bonus Payment

Employees, who complete a continuous period of 26 weeks at work following either: . .

(i) a period of unpaid maternity leave of at least four weeks; or

(ii) a period of paid maternity leave at half pay of at least eight weeks,

are entitled to be paid a bonus of the equivalent of four weeks' remuneration, calculated at the rate the employee has been earning following their return to work (or average if their salary has been varied in that period). Where employees return to work on a part-time basis, the bonus will. be paid at the pro-rata amount.

(d) Eligibility for Maternity Leave

Final - 28 May 2010

An employee who becomes pregnant, shall upon providing RACV with a medical certificate under clause 18.3( e )(i), be entitled to a period of up to 52 weeks ordinary maternity leave provided that such leave shall not extend beyond the child's first birthday. This entitlement shall be reduced by any period of paternity leave taken by the employee's spouse in relation to the same child,

Page 25 of87


apart from paternity leave of up to two weeks at the time of confinemerit which shall not be taken concurrently with maternity leave. Note that the employee may also request an extension of such leave or part-time work urider clause 17.1.

Subject to time worked in a safe job [clause 17.3(f)] and special maternity leave [clause 17.3(i)] the period of maternity leave shall be unbroken and shall, immediately following confinement, include a period of six weeks' compulsory leave.

(e) Notice requirements

(i) An employee shall, not less than ten weeks prior to the presumed date of confinement provide RACV with a medical certificate from a medical practitioner that she· is pregnant; and

(ii) An employee shall give at least four weeks notice in writing to RACV of the date when she proposes to commence maternity leave stating the period of leave to be taken and shall at the same time provide RACV with a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

(iii) The above notice requirements do not apply to an employee who could not comply with such provisions because of circumstances beyond her control. In such an event the employee only needs to comply with these Conditions as soon as is reasonably practical.

(f) Transfer to a Safe Job

(i)

(ii)

(iii)

Final - 28 May 2010

An employee must be transferred to a safe job when she has provided RACV with a medical certificate from a medical practitioner that it is inadvisable for her to continue in her position for a stated period because of: • Illness or risk arising from her pregnancy; or • Hazards connected with her position.

RACV must transfer the employee to a safe job if it considers that it is reasonably practical to do so with no other change to the employee's terms and conditions of employment; or

If RACV does not consider it reasonably practical to transfer the employee to a safe job, the employee may

. take paid leave for the period stated in the certificate or

Page 260f87


RACV may require the employee to take paid leave for the period stated in the certificate.

(g) Start of Ordinary Maternity Leave

(i) An employee may start a continuous period of ordinary maternity leave at any time within six weeks before the expected date of confinement.

(ii) If the employee continues to work six weeks before the confinement, RACV may ask the employee for a certificate from a registered medical practitioner containing the following statements:

• Whether the employee is fiUo work; and • If fit, whether it is advisable for the employee to

continue in her present position for a stated period because of illness arising out of the pregnaricy or hazards connected with her position.

(h) RACV may require the employee to start her continuous period of ordinary maternity leave if she does not provide RACV with a medical certificate within seven days of the request or within seven days after the request for a certificate the employee gives the RACV a medical certificate stating that the employee is unfit for work.

(i) Special Maternity Leave

Final- 28 May 2010

(i) An employee who is eligible for maternity leave is entitled to unpaid special maternity leave because:

• She has a pregnancy related illness; or • The pregnancy has ended within 28 weeks

before the expected date of birth of the child other than by birth of a living child.

(ii) . Pregnancy related illness

In the event of a pregnancy related illness the employee must give RACV a written application for special maternity leave or sick leave in lieu accompanied by a certificate from a registered medical practitioner containing the following statements in the medical practitioner's opinion:

Page 27 0/87


• A statement that the employee is pregnant; • A statement of the expected date of birth; • A statement that the employee is, was, or will

be unfit for Work for a stated period becquse of a pregnancy related illness.

(iii) End of pregnancy

In the event that the pregnancy has ended otherwise by the birth of a living child a written application for special maternity leave or sick leave in lieu accompanied by a medical certificate' from a medical practitioner containing the following statements in the medical practitioner's opinion: • A statement that the employee was pregnant,

but that the pregnancy has ended otherwise than by the birth of a living child;

• A statement of what the expected date of birth would have beenifthe pregnancy had gone full term;

• A statement that the pregnancy ended on a stated day within 28 weeks before the expected date of birth;

• A statement that the employee is, was, or will be unfit for work for a stated period.

(iv) Any period of special maternity leave must end before ordinary maternity leave can commence in an unbroken' period.

(v) The aggregate of special maternity leave and other parental leave may not exceed 52 weeks.

(j) Variation of Period of Maternity Leave

Final - 28 May 2010

Provided the maximum period of maternity leave does not exceed 52 weeks;

(i)

(ii)

Employees, who have agreed to a return date and then wish to extend their maternity leave, will need to let their

. manager know, giving 14 days written notice.

Employees who wish to shorten their maternity leave must give their manager at least four weeks written notice. The date of return to work must be at least six weeks after the date of birth of the child.

Page 28 of87


(iii) The period may be further extended or shortened by agreement between RACV and the employee.

(k) Cancellation of Maternity Leave

(i) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee terminates other than by the birth of a living child.

(ii) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by RACV which shall not exceed four weeks from the date of notice in writing by the employee to RACV that she desires to resume work.

(I) Maternity Leave and other Leave Entitlements

(i) Provided the aggregate of any leave, including leave taken under this subclause, does not exceed 52 weeks an employee may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is entitled.

(ii) . Paid sick leave or other paid authorised absences (excluding annual leave or long service leave) shall not be available to an employee during her absence on maternity leave.

(m) Return to Work after Maternity Leave

(i)

(ii)

Final - 28 May 2010

An employee shall confirm her intention of returning to work by notice in writing to RACV given not less than four weeks or by agreement between the parties a lesser period of time prior to the expiration of her period of maternity leave.

An employee, upon returning to work after maternity leave, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job, to the position which she held immediately before such transfer or in relation to an employee who has worked part-time during the pregnancy the position she held immediately before commencing such part-time ~~. .

Page 29 0/87


(iii) Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, she shall be entitled to a position as nearly comparable in status and pay to that of her former position.

17.4 Paternity Leave

(a) Paternity Leave consists of:

(i) Short Paternity Leave

A single, unbroken period of paid leave of up to two weeks (or four weeks at half pay) at the time of the birth of the baby, taken by a pregnant employee's spouse; or

(ii) Long Paternity Leave

A further period of up to 50 continuous weeks of unpaid leave in order to be the primary care giver of the child or 52 weeks where the employee does not take short paternity leave.

(b) Definitions

For the purposes of this subclause:

"Child" means.a child of the employee orthe employee's spouse under the age of one year.

"Primary care-giver" means a person who assumes the principal role of providing care and attention to a child.

(c) Certification

Final- 28 May 2010

An employee shall at least ten weeks prior to any period of paternity leave, advise RACV in writing with the dates on which the proposed paternity leave starts and finishes and provide:

(i) A medical certificate from a medical practitioner which names the employee's spouse, states that she is pregnant and the expected date of confinement or states the date on which the birth took place;

(ii) A statutory declaration stating:

•

•

that the employee will take paternity leave to become the primary care-giver of a child; particulars of any period of maternity leave

Page30of87


sought or taken by the employee's spouse; and • the employee will not engage in any conduct

inconsistent with their contract of employment during paternity leave.

(iii) Four weeks prior to beginning paternity leave, an employee needs to complete a Leave Application Form for approval by his manager.

(iv) The employee shall not be in breach of this clause as a consequence of failure to give the required notice, if such failure is due to:

• the birth occurring earlier than the expected .date; or

• the death of the mother of the child; or • other compelling circumstances .

. (v) The employee shall immediately notify RACV of any change in any information provided under this clause.

(d) Variation of period of paternity leave

Provided the maximum period of paternity leave does not exceed 52 weeks:

(i) Employees, who have agreed to a return date and then wish to extend the period of long paternity leave, will need to let their manager know, by giving 14 days written notice.

(ii) The period of long paternity leave may be shortened by giving RACV four weeks written notice.

(iii) The period may be further extended or shortened by agreement between RACV and the employee.

(e) Cancellation of paternity leave

Long paternity leave shall be cancelled when the pregnancy of the employee's spouse terminates other than by the birth of a living child.

(f) Paternity leave and other leave entitlements

(i)

Final - 28 May 2010

Provided the aggregate of any leave, including leave taken under this subclause, does not exceed 52 weeks an employee may, in lieu of or in conjunction with

Page 31 of87


paternity leave, take any annual leave or long service leave or any part thereof to which he is entitled.

(ii) Paid sick leave or other paid authorised absences (excluding annual leave or long service leave) shall not be available to an employee ,during paternity leave.

(g) Return to work after paternity leave

(i) Employees shall confirm their intention of returning to work by giving RACV at least four weeks written notice no later than four weeks prior to the expiration of long paternity leave.

(ii) An employee, upon returning to work after paterhity leave shall be entitled to the position which the employee held immediately before proceeding on paternity leave, or in relation to an employee who has worked part-time under this clause to the position the employee held immediately before commencing such part-time work.

Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee shall be entitled to a position as nearly comparable in status and pay to that of their former position.

(h) Bonus

Final - 28 May 2010

Employees, who complete a continuous period of 26 weeks at work following either:

(i) a period of unpaid paternity leave of at least four weeks; or

(ii) a period of paid paternity leave at half pay of at least eight weeks,

are entitled to be paid a bonus of the equivalent of four weeks' remuneration, calculated at the rate the employee has been earning following their return to work (or average if their salary has been varied in that period). Where employees return to work on a part-time basis, the bonus will be paid at the pro-rata amount.

Page 32 0/87


17.5 Adoption Leave

(a) Entitlement Employees who are the primary carer for an adopted child and produce the required official documentation and statutory declaration are entitled to a maximum of 52' weeks' adoption leave.

This entitlement will be reduced by any period of adoption leave taken by the employee's spouse in relation to the same child. Both parents cannot take adoption leave concurrently, except for a period of up to three weeks at the time of placement.

(b) Definitions

(c)

For the purposes of this clause:

"Child" means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

"Relative adoption" occurs where a child, as defined, is adopted by a grandparent, brother, sister, aunt or uncle (whether of the "whole blood or half blood or by marriage).

"Primary care-giver" means a person who assumes the principal role of providing care and attention to a child.

Period of Adoption Leave Adoption leave'can be taken by the primary carer in one or two periods as follows: . (i) up to 8 weeks paid leave (or 16 weeks' leave at half

pay) at the time of placement of the child, and

(ii )

(iii) .

up to a further 44 continuous weeks unpaid leave in order to be the primary care giver of the child.

All 52 weeks must be taken before the first anniversary -of the child's placement.

(d) Eligibility

Final - 28 May 2010

An employee, upon production to RACV of the documentation required under Clause 17.5(e) shall be entitled to one or two periods of adoption leave, the total of which shall not exceed 52 weeks, in the following circumstances:

Page33of87


(i) an unbroken period of up to 8 weeks paid leave (or 16 weeks' leave at half pay) at the time of the placement of the child;

(ii) . an unbroken period of up to a further 44 continuous weeks unpaid leave in order to be the primary caregiver of the child. This leave shall not extend beyond one year after the placement of the child and shall not be taken concurrently with adoption leave taken by the employee's spouse in relation to the same child. This entitlement of up to 52 weeks shall be reduced by:

• any period of placement leave [17.5(c)(i)]; and • the aggregate of any periods of adoption leave

taken or to .be taken by the employee's spouse.

(e) Certification

Before taking adoption leave the employee must produce to RACV:

(i) A statement from an adoption agency or other appropriate body of the presumed date of placement of the child with the employee for adoption purposes; or

(ii) A statement from the appropriate government authority confirming that the employee is to have custody of the child pending application for an adoption order.

(iii) In relation to primary carer adoption leave [clause 18.5(c) (ii)l. a statutory declaration stating:

• the employee is seeking adoption leave to become the primary care-giver of the child;

• . Particulars of any period of adoption leave sought or taken by the employee's spouse; and

• For the period of adoption leave the employee will not engage in any conduct inconsistent with his or her contract of employment.

(f) Notice requirements

(i)

Final - 28 May 2010

Upon receiving notice of approval for adoption purposes, an employee shall notify RACV of such approval and within two months of such approval shall further riotify RACV of the period or periods of adoption leave the employee proposes to take. In the case of a relative adoption the employee shall notify as aforesaid upon deciding to take a child into custody pending an application for an adoption order.

Page 34 of87


(ii) An employee who cor:nmences employment with RACV after the date of approval for adoption purposes shall notify RACV thereof upon commencing employment and of the period or periods of adoption leave which the employee proposes to take. The employee will only be entitled to take adoption leave if the employee completed at least 12 months continuous service preceding the dates of adoption I.eave.

(iii) An employee shall, as soon as the employee is aware of the presumed date of placement of a child for adoption purposes but no later than 14 days before such placement, give notice in writing to RACV of such date, and of the date of the commencement of any period of leave to be taken in respect of the three weeks placement leave [clause 17.5(c) (i)].

(iv) An employee shall, ten weeks before the proposed date of commencing any leave in respect of primary care giver leave [clause 17.5(c) (ii)] give notice in writing to ~RACV of the date of commencing such leave and the

period of leave to be taken.

(v) An employee shall not be in breach of this clause, as a consequence of failure to give the stipulated periods of notice if such failure is occasioned by the requirement of an adoption agency to accept earlier or later placement of a child, the death of the spouse or other compelling circumstances.

(9) Variation of period of adoption leave

Final - 28 May 2010

Provided the maximum aggregate period of adoption leave does not exceed 52 weeks:

(i)

(ii)

(iii )

Employees, who have agreed to a return date and then wish to extend the period of leave to be primary caregiver, will need to let their manager know, by giving 14 days' written notice.

Employees, who have agreed to a return date and then wish to shorten the period of leave to be primary caregiver, will need to let their manager know, giving four weeks written notice.

The period may be further extended or shortened by agreement between RACV and the employee. _

Page 35 of87


(h) Cancellation of adoption leave

(i) Adoption leave will be cancelled if the placement of the child does not proceed.

(ii) Where the placement of a child does not proceed, the employee shall notify RACV forthwith and RACV shall nominate a time not exceeding four weeks from receipt of notification for the employee's resumption of work.

(i) Special leave

RACV shall grant to any employee who is seeking to adopt a child, at least two days special unpaid leave for purposes to attend any compulsory interviews or examinations that are necessary as part of the adoption procedure. Where paid leave is available to the employee RACV may require the employee to take such leave in lieu of special leave.

(j) Adoption leave and other entitlements

(i) Provided the aggregate of any leave, including leave taken under this subclause, does not exceed 52 weeks, . an employee may, in lieu of or in conjunction with adoption leave, take any annual leave or long service leave or any part thereof to which has accrued.

(ii) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available during adoption leave.

(k) Return to work after adoption leave

Fin~l- 28 May 2010

(i) An employee shall confirm the intention of returning to work by providing at least four weeks written notice prior to the expiration of adoption leave for the primary caregiver.

(ii)

(iii)

An employee, upon returning from adoption leave shall be entitled to the position held immediately before proceeding on such leave or in relation to an employee who has worked part-time, the position held immediately before commencing such part-time work.

Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee shall be entitled to a position as nearly comparable in status and pay to that of the employee's former position.

Page 36 0187


(I) Bonus

. An employee who assumes primary care for an adopted child and takes a period of unpaid adoption leave of at least four weeks for' this purpose is entitled to be paid a bonus of the equivalent of four weeks' remuneration on completing 26 weeks at work following the period of adoption leave. The bonus is calculated at the rate the employee has been earning following their return to work (or average if their remuneration has varied in that period).

Clause 18.· Flexible Work for Parents

An employee who is a parent of a pre-school child may request to work flexible hours until his/her child reaches school age. RACV will consider all such requests and may only refuse a request on reasonable business grounds.

Clause 19. Community Services Leave

Employees will be entitled to leave for prescribed community service activities including paid leave at the Applicable Hourly ratelWeekly Wage for the relevant day(s) work for jury service, court assistance leave, blood donor leave, emergency services volunteer leave and defence forces (reserves) leave.

19.1 Jury Service Leave

Employees notified that they are required to attend jury service should immediately notify their manager, so that arrangements can be made for continuation of pay and temporary coverage, where necessary.

Employees are required to provide RACV with proof of attendance and details of payments they receive from the Court. These amounts, less any reasonable expenses, for example travel to court, may be deducted from their normal pay.

19.2 Blood Don~r Leave

RACV supports employees who are blood donors and provides blood donation leave for this purpose. This leave is paid leave, taken at a time mutually agreed with the employee's manager and allowing reasonable travelling time. Employees may be required to provide proof of attendance.

19.3 Emergency Services Volunteer Leave

Employees actively involved in approved emergency support groups will be granted leave, where the need arises,to provide assistance in emergencies, such as bushfires, flood or other disasters. Current approved organisations

Final- 28 May 2010 Page 37of87


are the County Fire Authority (CFA), St John Ambulance, Red Cross and the State Emergency Services (SES).

In order to support Emergency Services, RACV will pay volunteerleavE;l for the relevant day(s) work at the Applicable Hourly ratelWeekly Wage.

19.4 Defence Forces (Reserves) Leave

Employees who are members of the Australian Defence Force Reserves, and required to attend training camps or courses during the course of employment, may apply for paid leave of absence.

A maximum of ten working days per year is available in these circumstances, paid for the relevant day(s) work at the Applicable Hourly ratelWeekly Wage.

Clause 20. Public Holidays and Payment thereof

20.1 Days to be Observed

Full-time, part-time and maximum term employees shall be entitled to holidays on the following days:

• 1 January (New Year's Day) • 26 January (Australia Day) • Good Friday • Easter Saturday • Easter Monday • 25 April (Anzac Day) • 25 December (Christmas Day) • 26 December • Queen's Birthday • Labour Day • Melbourne Cup Day (VIC)/Gold Coast Annual Show (QLD)

Where the Federal Government or the State of Victoria or a locality within Victoria or the State of Queensland or a locality within Queensland (depending on substantive work location) declare a public holiday on days other than those set out in this clause, those additional days will constitute additional holidays.

20.2 Entitlement to Public Holidays

(a) An employee is entitled to a day off on a public holiday, subject to:

(i)

Final - 28 May 2010

RACV's operational circumstances are such that employees are required to work on public holidays; and

Page 38 0187


(ii) An employee may refuse the request to work on a particular public holiday (and take the day off) if the employee has reasonable grounds for doing so.

(iii) Whether an employee has reasonable grounds for refusing a request to work on a public holiday will be determined having regard to:

(1) the nature of the work performed by the employee;

(2) the type of employment (for example, whether full-time, part-time, casual or shift work);

(3) the nature of HACV's workplace enterprise (including its operational requirements);

(4) the employee's reasons for refusing the request;

(5) the employee's personal circumstances (including family responsibilities);

(6) whether the employee is entitled to additional remuneration or other benefits as a consequence of working on the public holiday;

(7) whether a workplace agreement, award, other industrial instrument, contract of employment or written guideline or policy that regulates the employee's employment contemplates that RACV might require work on public holidays, or particular public holidays;

(8) whether the employee has acknowledged or could reasonably expect that RACV might require work on public holidays, or particular public holidays;

(9) the amount of notice in advance of the public holiday given by RACV when making the request;

(10) the amount of notice in adva.nce of the public holiday given by the employee in refusing the request;

(11) whether an emergency or other unforeseen circumstances are involved;

(12) any other relevant factors.

(b) Substituted days

(i)

Final - 28 May 2010

When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.

Page 39 0/87


(ii) When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.

(iii) When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

(iv) Where a holiday may fall on a non-working day and the state of Victoria/Queensland may with regard to its own employees prescribe in the following week a certain working day as an additional day, such working day shall be a public holiday within the meaning of this clause.

(c) Substitute days by agreement

RACVand employees may agree to substitute another day for any prescribed public holiday. For this purpose, the consent of the majority of employees in a particular business unit shall constitute. agreement. Such an agreement shall be in writing and be available to every affected employee. The Unions to this Agreement shall be notified of an agreement pursuant to paragraph c, and may within 7 days refuse to accept it.

The Unions will not unreasonably refuse to accept it. If the Union refuses to accept the Agreement the Parties will seek to resolve their differences to the satisfaction of RACV, the employees and the Union. If no resolution is achieved RACV may apply to Fair Work Australia or like body for the approval of the Agreement reached with the employees. Suchan application must be made 14 or more days before the prescribed holiday. After giving RACV and Union/s an opportunity to be heard Fair Work Australia or like body will determine the application.

(d) Time off in lieu of payment for the penalty rate

(i)

(ii)

Final- 28 May 2010

Time off in lieu of payment of the penalty rate prescribed for work on a public holiday pursuant to this clause may be provided if an employee so elects and it is agreed by RACV.

Such time off in lieu must be taken at a mutually convenient time and within four weeks of the public holiday or, where agreed between the employee and the employer, may be accumulated and taken as part of annual leave.

Page 40 of87


(iii) Time off in lieu must equate to the penalty component of the time worked on the holiday.

(e) Payment for Holidays

The remuneration payable under this clause to a weekly employee when that employee is absent from work on a public holiday which occurs on a ordinary working day shall be an employee's Applicable Hourly rateiWeekly Wage had that day not been a public holiday unless a Workplace Agreement contains different provisions.

20.3 Payment for Work on a Public Holiday

(a) . Day Work and Customary hours of Work

An employee who is employed to do day work and customary hours of work will be paid at the rate of double time and a half for all time worked with a minimum payment as for four hours for all work on a public holiday unless a Workplace Agreement contains different provisions.

(b) Shift Work

Clause 21.

Final- 28 May 2010

An employee who is employed to do continuous shift work will be paid a loading under a Workplace Agreement for all time worked in respect of shift where the major portion of the work is rostered to fall on the public holiday.

Information in the Workplace

RACV will provide all new employees with an information statement which contains information about employee rights and entitlements at work, including the right of an employee to choose whether or not to be a member of a trade union and where to go for information and assistance.

Page 41 of87


Clause 22. Termination of Employment

22.1 Notice of termination by RACV

(a) Period of notice

In order to terminate the employment of a full-time or part-time employee RACV shall give to the employee the period of notice specified in their letter of offer, or if not stated, in the table below whichever is the greater of the two:

Period of continuous service Period of notice

Not more than 1 year At least 1 week .At least 2 weeks At least 3 weeks At least 4 weeks

More than 1 year but not more than 3 years More than 3 years but not more than 5 years More than 5 years

(b) Employees 45 and Older In addition to the notice under clause 22.1 (a), employees over 45 years of age at the time of the giving of the notice with no less than two years continuous service, shall be entitled to an additional week's notice.

(c) Payment in Lieu of Notice

Final - 28 May 2010

Payment in lieu of the notice shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(i)

(ii)

In calculating any payment in lieu of notice, the remuneration an employee would have received in respect of the ordinary time he/she would have worked during the period of notice had his/her employment not been terminated shall be used.

The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks.

Page 42 0[87


22.2 Time Off During Notice Period

During the period of notice of termination given by RACV for details set out in clause 22.1 (a) and employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. Additional time may be granted for this purpose by agreement with MCV.

22.3 Notice of Termination by Employee

(a) The notice of termination required to be given by a full-time and part-time employee shall be the same as that required by RACV, save and except that there shall be no additional notice based on the age of the employee concerned.

(b) Subject to obligations imposed on RACV by any law, if an employee fails to give appropriate notice, RACV shall have the right to withhold moneys due to the employee to a maximum amount equal to the ordinary time rate of pay for the required period of notice.

22.4 Statement of Employment

RACV shall, if requested by an employee whose service has been terminated, give the employee a written statement specifying the period of such employee's employment and the classification or the type of work performed.

22.5 Summary Dismissal

RACV shall have the right to dismiss any employee without notice for conduct that justifies instant dismissal, including misconduct, malingering, inefficiency or neglect of duty. In such cases the wages shall be paid up to the time of dismissal only and the notice provisions do not apply.

22.6 Unlawful Dismissals

RACV shall not terminate the employment of an employee on the ground of race, colour, sex, sexual preference, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origins, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position.

Final - 28 May 2010 Page 430[87


Clause 23. Abandonment of Employment

23.1 The absence of an employee from work for a continuous period exceeding three working days without the consent of RACV and without notification to RACV shall be prima facie (at first appearance, before investigation) evidence that the employee has abandoned his or her employment.

23.2 Provided that if within a period of seven days from their last attendance at work or the date of their last absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of RACV that he/she was absent for reasonable cause, he/she shall be deemed to have abandoned their employment.

23.3 Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the. last absence in respect of which consent was granted, or the date of the last

. absence in respect of which notification was given to RACV, whichever is the later.

Clause 24. Introduction of Major Change

24.1 RACV's Duty to Notify

Where RACV has made a definite decision to introduce major changes in production; program, organisation, structure or technology that are likely to have significant effects on employees, RACV will notify the relevant employees who may be affected by the proposed changes and their Union/employee representative/so

"Significant effects" include termination of employment, major changes in the composition, operation or size of RACV's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where the Agreement makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

24.2 RACV's Duty to Discuss Change

(a) RACV will discuss with the relevant employees affected by the introduction of the changes and their Union/employee representative/s, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and will give prompt consideration to matters raised by the employees and their union/employee representative/s in relation to the changes.

Final- 28 May 2010 Page 44 0/87


(b) . These discussions shall commence as early as practicable after a definite decision has been made by the RACV to make the major changes.

RACV will provide in writing to the relevant the employees concerned and their union/employee representative/s all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on employees and any other matters likely to affect employees provided that RACV will not be required to disclose confidential information the disclosure of which would be inimical to its interests.

24.3 Introduction of New Products and Services

RACV operates in a dynamic and changing environment. To adapt to this environment RACV and its employees will often need to change operational methods and perform wider ranges of work. Before a new product or service is introduced, the following will occur, (provided the new product or service is not expected to have a 'significant effect') .

Clause 25.

(i) There will be consultation with the employees affected· and their Union/ Employee representatives about the product or service, and

(ii) RACV will ensure that before being required to deliver the new product or service, each employee is trained to an acceptable standard of competency in relation to that product or service.

New products or services will be within employees' skills, competence and training, and broadly within the wage classification structure set out in Workplace Agreements.

Redundancy

25.1 Discussions before Terminations

.(a) Where RACV has made a definite decision that it no longer has a need for the job the employee has been doing done by any employee and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of . employment, RACV will hold discussions with the relevant the employees directly affected and their employee Union/representative/so

(b) The discussions shall take place as·soon as practicable after RACV has made a definite decision under clause 25.1(a) and shall cover, among other things, any reasons for the proposed terminations, measures to avoid or minimise the terminations and



measures to mitigate any adverse effects of any terminations on the employees concerned.

(cl For the purposes of the discussion RACV shall, as soon as practicable, provide to the relevant employees concerned- and their union/employee representatiVe/s all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that RACV shall not be required to disclose confidential information the disclosure of which would be inimical to RACV's interests.

25.2 Transfer to lower paid duties

Where an employee is transferred to lower paid duties, the employee shall be entitled to the same period of notice of transfer as he or she would have been entitled to if his or her employment had been terminated, and RACV may make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

25.3 Severance pay

An employee, whose employment is terminated by reason of redundancy, is entitled to the following amount of severance pay in respect of a period of continuous service:

Period of continuous service

Less than 1 year 1 year and up to 2 years 2 years and up to 3 years 3 years and up to 4 years 4 years and up to 5 years 5 years and up to6 years 6 years and up to 7 years 7 years and up to 8 years 8 years and up to 9 years 9 years and up to 10 years 10 years and up to 11 years 11 years and up to 12 years 12 years and up to 13 years 13 years and up to 14 years 14 years and up to 15 years 15 years and up to 16 years 16 years and up to 17 years 17 years and up to 18 years

Final - 28 May 2010

Severance pay

Nil 5 weeks' pay 9 weeks' pay 13 weeks' pay 17 weeks' pay 21 weeks' pay 25 weeks' pay 29 weeks' pay 33 weeks' pay 36 weeks' pay 39 weeks' pay 42 weeks' pay 45 weeks' pay 48 weeks' pay 51 weeks' pay 54 weeks' pay 56 weeks' pay 58 weeks' pay

Page46of87


18 years and up to 19 years 19 years and up to 20 years 20 years and up to 21 years 21 years and up to 22 years 22 years and up to 23 years 23 years and up to 24 years 24 years and up to 25 years 25 years and over

60 weeks' pay 62 weeks' pay 64 weeks' pay 66 weeks' pay 68 weeks' pay 70 weeks' pay 72 weeks' pay ~ 4 weeks' pay

Payment of the above weeks of entitlement shall be paid in accordance with the Employees "Applicable Hourly Rate"! "Weekly Wage" as defined below:

"Applicable Hourly Rate" shall mean the Weekly Wage as defined below divided by the number of hours which constitute the ordinary working week in the work area to which this agreement applies.

"Weekly Wage" shall mean the ordinary time rate of pay for the employee concerned. Provided that:

1. Such rate excludes:

• Overtime • Penalty rates • Disability allowances • Shift allowances • Special rates • Fares and travelling time allowances • Bonuses • Superannuation • Higher Duties Allowances; and • Any other ancillary payments of a like nature.

2. For employees engaged as shift workers, the Weekly Wage, and therefore the Applicable Hourly Rate, includes shift allowances and penalty rates only when actually working on a shift, and for the purposes of Clause 19.1 - Jury Service Leave and Clause 25 - Redundancy, and Annual Leave Clause 15.

3. Day workers who are entitled to a penalty or loading for work performed shall receive this penalty or loading in addition to their Applicable Hourly Rate.

Final - 28 May 2010

In addition the employee shall be entitled to a payment of the equivalent of six weeks' pay in lieu of notice.

Page 47 of87


25.4 Annual Leave, Leave Loading and Redundancy

All accrued .annual leave entitlements will be paid to an employee who has been made redundant. Annual leave loading of 17.5% is incorporated into an employee's annualised salary provided annual leave loading is an entitlement forthem under an applicable employment contract, workplace agreement or award.

25.5 Long Service Leave and Redundancy

An employee whose employment is terminated as a result of redundancy and who has completed at least five years of continuous service with RACV is entitled to payment in respect of accrued long service leave, calculated pro rata on the basis of 13 weeks' long service leave for 15 years' continuous service.

25.6 Outplacement counselling

An employee whose employment is terminated as a result of redundancy·shall be offered access to outplacement counselling. Participation in outplacement counselling shall be on a voluntary basis.

25.7 Employee leaving during notice period

An employee whose employment is terminated as a result of redundancy may leave before the expiry of the notice period. The employee shall be entitled to

. the same redundancy benefits and payments under this clause. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice as provided in Clause 22.1 and 25.3(3).

25.8 Alternative employment

Where RACV obtains acceptable alternative employment for an employee, RACV may make application to Fair Work Australia or like body to have the general severance pay prescription varied if RACV obtains acceptable alternative employment for an employee, in such circumstances the employee will not be entitled to any severance pay.

25.9 Time off during notice period

(a) During the period of notice of termination given by RACV, an employee shall be allowed. up to 1 day off per week without loss of pay during each week of notice for the purpose of seeking other employment. Additional time may be granted for this purpose by agreement with RACV.

Final- 28 May 2010 Page 48 0187


(b)

(c) .

The employee shall, at the request of RACV, produce proof of attendance at an interview or he or she will not be paid for the time absent. For this purpose a statutory declaration is sufficient.

Notice to Centrelink

Where a decision has been made to terminate employment of 15 or more employees as a result of redundancy, RACV will notify Centrelink as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(d) Superannuation benefits

Members of superannuation funds will receive the benefits due to them in accordance with the provisions of the fund.

(e) Transmission of business

Where a business is transmitted from one employer to another, the period of continuous service that the employee had with the transmitter or any prior transmitter shall be deemed to be service with the transmit tee and taken into account when calculating both years of service and notice of termination. However, in s,uch circumstances, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.

(f) Employees with less than one year's service

This redundancy clause does not apply to employees with less than one year's continuous service and the general obligation on RACV is no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(g) Employees exempted

Final- 28 May 2010

This clause does not apply where employment is terminated as a consequence of conduct that justifies summary dismissal, including misconduct, malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specified task or tasks.

Page 49 0/87


Clause 26. Long Service Leave

RACV and its employees will comply with the long service leave requirements set out in the Victorian Long Service Leave Act 1992, as amended from time to time.

26.1 Entitlement and Accrual

(a)

(b)

(c)

(d)

(e)

(f)

Long service leave accrues at the rate of one week for each 60 weeks of employment with RACV (approximately 0.866 weeks per

" year).

Employees are entitled to 13 weeks' long service leave (the initial period) after 15 years' continuous service. The initial period of long service leave may be taken in two or three separate periods. Any other period of long service leave may be taken in two periods.

After 15 years continuous service employees are requested to use their accrued long service leave within four years of it becoming due. RACV may direct an employee to take accrued long service leave by providing at least three months' written notice of the date the leave is to commence.

After seven years' continuous service an employee can take prorata long service leave that has accrued.

After 1'5 years' service, long service leave accumulates at the rate of 4.33 weeks for every five-year period of continuing service.

Employees may request to take double the period of long service leave at half pay." A decision about"whether RACV can agree to this request is subject to consideration of the needs of the employee and RACV.

26.2 Rate of Pay

While on long service leave, the rate of pay will be the employee's base remuneration at the time of taking the leave. Where an employee's hours

" vary from week to week, or their hours have changed over the last 12 months, their hours for calculating long service leave will be averaged over the preceding 12 months, or the preceding five years, whichever average hours are the greater.

"26.3 Notice Requirements

(a) Employees need to discuss their request with their manager as far in advance as possible so that day-to-dayoperations of the . business are not adversely impacted when extended periods of leave are taken. The timing of long service leave needs to be

Final- 28 May 2010 Page 50 0/87


determined having regard to the needs of the business, and, as far as possible, the employee's preference.

(b) Notification of long service leave should be received by the Human Resources Department at least 2 weeks prior to the leave commencing.

26.4 Public Holidays and Long Service Leave

If a public holiday falls during a period of long service leave, leave is not deducted from the employee's leave balance for the public holiday.

26.5 Termination of Employment and Long Service Leave

Employees who have completed seven years of continuous service or more and who have long service leave due to them will receive pro rata payment of long service leave on leaving RACV.



DIVISION 3- PROTECTED CONDITIONS

Clause 27. Remuneration

An employee's remuneration will be determined by a workplace agreement, an award or a contract of employment and shall not be less than the relevant minimum prescribed remuneration standards contained in the relevant Workplace Agreement.

27.1 Payment of Remuneration

(a)

(b)

(c)

(d)

27.2 Pay Slips

Employees remuneration may be paid on any week-day on a weekly, fortnightly, or monthly basis at the option of RACV.

Remuneration shall be paid by electronic funds transfer.

Employees who work a constant number of ordinary hours each week will be paid according to the "weekly wage" actual ordinary hours worked.

Employees' wages may be averaged to cope with flexible 'business demands. Employees' whose wages are averaged will be paid a set wage according to the average ordinary hours worked in any particular wage pay period.· This means that an employee can be paid more or less than the actual hours worked in a particular pay period. No employee will be paid less than the actual hours worked over any particular year.

RACV will supply to the employee, electronically or in hard copy, within one day of the payment to which the pay slip relates, details of remuneration payments made to him/her. Such details will be in writing and will contain the following:

(a) The name of the employer;

(b) The name of the employee;

(c) The date on which the payment to which the pay slip relates was made;

(d) The period to which that pay slip relates;

(e) If the employee is paid at an hourly rate of pay:

Final- 28 May 2010

(i)

(ii)

(iii)

The Applicable Hourly Rate; and

The number of hours in that period for which the employee was employed at that rate; and The amount of the payment made at that rate.

Page 52 of87


(f)· If the employee is paid at an annual rate of pay - that rate as at the latest date to which the payment relates;

(g) The gross amount of the payment;

(h) The net amount of the payment;

(i) Any amount paid that is an incentive-based payment, bonus, loading, monetary allowance, penalty rate or other separately identifiable entitlement the employee has;

(j) The details in respect of each amount deducted from the gross amount of the payment including the name, or the name and number, of the fund or account into which the deduction was paid;

(k) If the employer is required to make superannuation contributions for the benefit of the employee;

(I) The amount of any superannuation contributions made for the employee and the name of the fund to which the contribution was made.

RACV may change the pay day or pay period provided no employee suffers any financial disadvantage as a result of the change. At least two weeks before changing the pay day or pay period RACV will consult with the employee.

27.3 Payment of Remuneration on Termination

Employees whose employment is terminated will be paid all monies due to them within 14 days of their termination.

27.4 Overpayments and Underpaymel')ts

Occasions may arise where employees receive remuneration or other payments that exceed the employee's entitlements. It is RACV's position that any money paid by mistake regardless of the magnitude shall be recoverable. Conversely, RACV will honour all commitments to pay in accordance with formalised agreements, awards or employment contracts.

(a) Consultation and Agreement

Final- 28 May 2010

Before any deduction from remuneration occurs, a process of consultation must occurwith the employee concerned on how the overpaid amount is to be repaid. The outcome of this consultation process should be an agreement in writing on a schedule of repayment This written agreement, which must be signed by the employee and the relevant RACV person, must state the amount

Page 53 of87


of the mistaken payment, the quantum of the repayments and the frequency and duration of the repayment period.

(b) If Agreement cannot be reached

If the employee does not agree to repay the monies paid by mistake or defaults on an agreement to repay, RACV may instigate legal action or place the matter in the hands of a debt collection agency.

RACV will not utilise the services of a debt collection agency or law firm to recover outstanding monies unless or until the employee has been advised in writing that it is RACV's intention to do so.

(c) Recovery on Termination

On termination of employment, RACV will, subject to financial obligations imposed by any legislation, recover any monies paid by mistake to an employee from the employee's termination pay. In instances where there exists a shortfall of monies to be recovered, the former employee continues to be responsible for repayment of the outstanding monies. .

Any agreement as to the schedule of repayment that existed prior to the termination of employment will cease to operate from the time of termination. RACV shall have the discretion to decide the appropriate method for any future repayment. RACV may require' immediate and full repayment of any outstanding money or monies following termination of employment.

If RACV is unable to recover the overpayment directly from the employee on termination, it may instigate legal action or use the services of a debt collection agency to recover these monies. RACV will not utilise the services of a debt collection agency or law firm to recover outstanding monies unless or until the former employee has been advised in writing that it is RACV's intention to do so.

27.5 Remuneration Packaging

(a) RACV and an employee may enter into a written agreement in which the employee agrees to receive certain benefits offered by RACV instead of a portion of the employee's gross remuneration. This sacrifice arrangement shall allow the employee to sacrifice remuneration below the prescribed award minimum rate of pay.

Final - 28 May 2010 Page 54 of 87


(b) Overall, the benefits and the remuneration provided to the employee shall be better off overall than the benefits and remuneration under an applicable award.

(c) The remuneration packaging arrangement shall not increase the total cost of employment.

(d) The remuneration packaging arrangement:

Clause 28.

(i) Must be in writing and signed by both RACV and the employee;

(ii) Shall detail the components of the total remuneration package; and

(iii) Shall state the term of the agreement.

The gross remuneration prior to salary sacrifice will count as remuneration for the purposes of redundancy, superannuation, remuneration related allowances, overtime calculations and shift or casual loadings.

Junior Rates

Junior rates are applicable for"the "relevant adult classification as follows calculated to the nearest 10 cents:

Age 17 and under 18 years 19 years 20 years

Percentage of Adult rate 70% 80% 90% 100%

Junior employees, on reaching the age of eighteen years, may be' employed in the bar or other places where liquor is sold. However, where a junior is employed in a bar or other places where liquor is sold,the adult rate for the work being performed must be paid.

Clause 29. RACV and Employee Duties

RACV may direct an emplQyee to carry out such duties as are within the limits of the employee's skills, competence and training, provided that such duties are not designed to promote deskilling or otherwise prejudice an employee.

RACV may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.



Any direction issued by RACV under this clause is to be consistent with RACV's responsibilities to provide a safe and healthy working environment.

Clause 30. Employment with RACV

RACV's policy is to offer all staff opportunity to advance their career and to ensure that its recruitment methods are fair and equitable. All selection decisions are based on merit to ensure the candidate who best matches the requirements is appointed. Except where a business case is approved, all appointments are advertised internally (sometimes concurrently with external advertising) to encourage employees to explore career opportunities.

The parties to this agreement are committed to providing an ei1Vironment that positively assists in job creation.

New appointments to the organisation are subject to a police check.

Clause 31. Minimum Period of Employment

New employees will be subject to a six month minimum period of employment commencing from the date of the employment. Continuing employment will be contingent upon satisfactory completion of a training programme and the employee maintaining a satisfactory performance standard. RACV shall discuss with the employee progress reports at intervals not greater than three weeks. Written confirmation of employment will be provided to employees within one month of the successful completion of their six month minimum period of employment.

Termination of employment during the six month minimum period of employment will require one weeks' notice in writing by either the Employee or RACV.

Clause 32. Type of Employment

RACV employees may be engaged in:

(a) Full Time Employment

A Weekly/Fulltime employee is engaged to work an average of 38 hours per week .

(b) Part-Time Employment

(i)

Final - 28 May 201 a

Part-time employment shall be employment for less than 38 hours per week, worked on a regular and continuous basis.

Page 56 0/87


(ii) Part-time employees are paid for each hour worked at an hourly rate calculated by dividing the weekly rate for the appropriate classification for a full-time employee by 38.

(iii) Paid leave provisions specified in this agreement, including annual leave, personal/carer's leave, and compassionate leave shall apply on a pro rata basis to part-time employees.

(iv) A part-time employee who, except by agreement between the employee and RACV, is directed to work in excess of his or her rostered hours, or on any additional day or days shall be paid over time for all such time worked, subject to the provisions of the relevant Workplace Agreement.

(e) Maximum Term Employment

Maximum term employees are employed for a specified period of time. A maximum term employment contract terminates at the end of the specified period of time and thereafter the employee will not be entitled to remuneration or any other benefits whatsoever emanating from employment with RACV.

(d) Casual Employment

(i)

(ii )

(iii)

(iv)

Final ~ 28 May 2010

A casual employee is one who is engaged and paid as such. When engaging a person for casual employment, RACV shall inform the employee in writing that he/she· is to be employed as a casual.

Casual employees for working ordinary time shall be paid an hourly rate calculated on the basis of 1/38 of the weekly wage for a full time employee that is prescribed in the relevant agreement for the work being performed.

Casual employees shall receive a loading for all hours worked. The loading is 25% or as prescribed in the relevant workplace agreement, whichever is the greater and in the case of a Casual Employee working shift work the shift work penalties apply, refer Clause, 38.

Casual employees shall not be entitled to any period of paid leave under this Agreement, nor to an additional payment for public holidays on which the casual employee is not required to work

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(e)· Employees Eligible for a Supported Wage

Final - 28 May 2010

(i) Workers eligible for a supported wage

This clause defines the conditions which will apply to employees who because of the effects of a disability are· eligible for a supported wage under the terms orthis agreement. In the context of this clause, the following definitions will apply:

"Supported Wage System" means the Commonwealth Government system to promote employment for people who cannot work at full agreement wages because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process.

"Accredited Assessor" means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual's productive capacity within the Supported Wage System.

"Disability Support Pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

"Assessment Instrument" means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

(ii)

•

•

•

Eligibility criteria

Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this Agreement, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability'Support Pension.

The Conditions do not apply to any existing employee who has a claim against RACV which is subject to the provisions of workers' compensation legislation or any provision of this agreement relating to the rehabilitation of employees who are injured in the course of their current employment. The Conditions do not apply to RACV in respect of their facility, programme, undertaking service or the like

Page 58 0/87


which receives funding under the Disability Services Act 1986 an·d fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.1 0 or under any other provision of the Disability Services Act 1986, or if a part only has received recognition,that part.

(f) Apprentices

Clause 33.

An apprentice is an employee, including a part time employee, apprenticed under the provisions of federal and state law. Apprenticeships and traineeships are a contractual arrangement between an employer and an employee, in which the employer provides training and the apprentice/trainee learns the occupation or trade. Both the employer and employee enter into a training contract under which the type and scope of training is specified. When all the competencies have been achieved, the apprentice/trainee gains a nationally recognised qualification.

Interruption of Work

RACV may deduct payment for any time an employee cannot usefully be employed because of any industrial action or through any breakdown of machinery or any stoppage of work for any cause for which the RACV cannot be held responsible.

Clause 34. Meal and Rest Breaks

34.1 . An employee will not be required to work for more than six hours continuously without a meal break. Meal breaks will be for a period of not less than 30 minutes and not more than one hour as determined by the relevant line manager. Meal breaks under this clause are unpaid unless a Workplace Agreement contains different provisions.

34.2 Where an employee is required to work for more than six hours without a meal break, because of an emergency situation or an operational demand which could not reasonably have been anticipated by RACV, the employee will be paid one-half extra on the hourly rate of their weekly wage for the time so worked and shall be allowed their usual meal period as soon as it can be arranged.

34.3 An employee's normal meal break may be altered on a particular day by RACV acceding to a request by an employee that he/she desires a change in order to attend to some business arrangement, domestic or other personal necessity.



34.4 Given the ongoing nature of RACV's business, employees and RACV acknowledge that flexibility regarding the scheduling of meal breaks are required to ensure that work volumes are met. In the circumstances and where possible, breaks will be staggered to ensure that an employee's' working day is equally divided between breaks. If an employee has a concern about the scheduling of breaks, he or she should raise the issue utilising the procedures, inCluding the grievance and/or disputes procedure, set out in this agreement.

Clause 35. Work on Saturdays and Sundays for Non Shift Workers

Employees, other than shift work employees, unless Workplace Agreements contain different provisions, will be paid a loading of 50% in addition to their "Applicable· Hourly Rate" for all hours worked on a Saturday or Sunday.

Clause 36. Work on Evenings and Early Mornings for Non Shift Workers

Employees, other than shiftwork employees, are paid a loading of 25% in addition to their "Applicable Hourly Rate" for all ordinary hours or voluntary additional hours worked before 6am or after 7pm on any day Monday to Friday, unless Workplace Agreements contain different provisions.

Clause 37. Overtime/Reasonable Additional Hours

The nature of RACV business and the operational requirements of RACV workplaces are such that employees may be required to work reasonable additional hours (overtime).

Employees may refuse to work additional hours in circumstances where the working of such additional hours would result in working hours which are unreasonable having regard to:

.' •

• • •

• •

Final - 28 May 2010

any risk to an employee's health and safety; an employee's personal circumstances including any family responsibilities; the operational requirements of the workplace; the notice (if any) given by RACV of the additional hours; any notice given by the employee to refuse to work additional hours; whether the additional hours is on a public holiday; the employee's hours of work in the four weeks preceding the request to work additional hours.

Page 600f87


37.1 Payment for Additional Hours

Payment for additional hours may be determined by Workplace Agreements.

37.2 Make - Up Time in Lieu of Additional Hours

(a) An employee may, with the consent of RACV, take time off in lieu of payment for additional, hours at a time or times agreed with the employer.

(b) Additional hours taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is, an hour for each hour worked.

(e) RACV shall, provide payment, at the rate provided for the payment of Additional hours in this Agreement for any additional hours worked where time off in lieu has not been taken within four weeks of accrual and paid out if requested by an employee.

·37.3 Rest Periods after Additional Hours

(a) When additional hours/overtime hours are necessary it shall wherever reasonably practicable, be so arranged that employees have at least eight consecutive hours off duty between the work of successive work periods ..

(b) An employee (other than a casual employee) who works so much additional hours between the termination of his/her customary work on one day and the commencement of his/her customary work on the next day that he/she has not had at least eight consecutive hours off duty between those times shall, subject to this sub-clause, be released after completion of such additional hours until he/she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

If on the instructions of RACV, such an employee resumes or continues work without having had eight consecutive hours off duty he/she shall be paid at double the ordinary time rate of pay until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(e) The provisions of this sub-clause do not apply in the case of shift workers when overtime is worked:

Final - 28 May 2010 Page 61 of 8 7


Clause 38.

(i) For the purpose of changing shift rosters; or

(ii) Where a shift worker does not report for duty and a day . worker or a shift worker is required to replace such shift worker; or

(iii) Where a shift is worked by arrangement between the employees themselves.

Shift Work (Rostering, Penalty Rates, Overtime and Allowances)

All employees designated as shift workers and employed to do shift work will be subject to the provisions of a Workplace Agreement that applies to their particular workplace including:

(a) The rostering of shifts; (b) Shift loadings; (c) Penalty rates for Saturdays, Sundays and Public Holidays; (d) Lunch breaks and the payment thereof; and (e) Overtime provisions and penalty rates.

Clause 39. . Annual Leave Loading

Employees will be entitled to annual leave loading of 17.5%. This amount has been incorporated into the employee's annualised salary.

If employed as a shiftworker, the shift loading for annual leave has been incorporated into the employee's annualised salary ..

Clause 40. Leave without Pay

There are times when employees may have exhausted all leave options but, due to extenuating circumstances, may need to apply for further unpaid leave . .In this case they should make a written request to their manager, including written reasons for the request.

Leave without pay will not be granted to enable the employee to undertake other paid employment either as a principal or as an employee.

Clause 41. Leave for Court Case Attendance

Employees involved in a court case, as a participant or witness, need to notify their manager who will resolve with them whether the leave is to be taken as paid court leave or leave without payor annual leave, if available. Payment will be at the



relevant day(s) work at the "Applicable Hourly Rate". Every matter will be considered on its merits and circumstances. Generally, if employees are called as witnesses, or in any no-fault situation, paid court leave will be granted. Paid court leave can also be granted retrospectively.

Clause 42. Special Leave

Special leave is paid leave in addition to any other leave entitlements for purposes . other than those specified in these Conditions. An example is leave to allow an employee to participate in the Olympic Games or other event.

Requests for special leave will be made in writing, detailing the circumstances.

Clause 43. Religious Holidays and Cultural Leave

RACV will strive to accommodate employees' religious holidays and cultural leave by granting accrued days off and/or annual leave subject to the needs of the business.

Employees may, by agreement with RACV, substitute Public Holidays currently available for their religious and cultural activities. Employees seeking to substitute days must make written application providing sufficient notice (at least 30 days) to meet the rostering requirements of the business. .

Clause 44. Child Care Leave

Child care leave of up to 26 weeks' unpaid leave is available to employees to be taken:

• Consecutively with a period of maternity leave or paternity leave taken by the employee if such employee is the primary carer of the child, or

. • At any time following the completion of six months' service after the return to work of the employee following parental leave, to be taken before the child's sixth birthday. Child care leave is taken in a block. A period of less than 26 weeks' leave may be taken, however only one period of child care leave may be taken in respect of each child.

Child care leave will require CEO & MD approval. RACV will consider approval of leave based on business needs.

Where maternity leave and child care leave are taken consecutively, and the period of absence is greater than 12 months, the pre maternity leave position will no longer be available and will be replaced permanently. Upon return employees in this situation will be placed into career transition.



44.1 Applying for Child Care Leave

When applying for child care leave, employees need to give their manager as mUGh notice as possible, so that alternative arrangements can be made for the period of their absence.

(a) Ten weeks prior to the proposed period of leave employees need to advise their manager in writing of the start and finish dates of the period/s of leave,

(b) Four weeks prior to beginning child care leave, employees need to complete a Leave Application Form for authorisation by their Manager.

44.2 Entitlements While on Child Care Leave

Leave entitlements such as sick leave and long service leave do not accrue while the employee is on child care leave.

Entitlements such as paid sick leave and workers compensation are not available during child care leave.

Taking of Child Care Leave does not break an employee's continuity of service.

44.3 Replacing Employees on Child Care Leave

Before filling a vacancy arising from an employee taking child care leave, the successful candidate must be advised in writing that the appointment is temporary until the return of the person on child care leave.

Similarly, when replacing an employee temporarily transferred or promoted to replace a person on child care leave, the successful candidate must be advised in writing, before engagement, that the appointment is temporary until the return to the role of the person being replaced.

Clause 45. Other Forms of Leave Applicable to a Particular Business of RACV

Workplace agreements may provide for additional leave or authorised absences that apply only to a particular business unit of RACV given the operational circumstances of such business unit.

Clause 46. Call Back

Where an employee is required to return to duty after the usual finishing hour of work for that day, he/she shall be paid at the overtime rates under a workplace agreement, but shall receive a minimum payment as for three hours worked. This



clause shall not apply where the work is continuous (subject to a meal break of not more than one hour) with the completion or commencement of ordinary working time.

Clause 47. Standby for Work

47.1 A standby for work is that period of time when an employee is required to be ready to perform work outside of their ordinary working hours but is not required to be at their place of employment. The employee and RACV may make arrangements as to where the employee may be contacted by RACV and meet RACV's request to report for work if necessary or be released from standing by for work; the employee's movements during such period of stand by shall be unrestricted.

47.2 Employees, other than casual·employees, will be paid a standby allowance of $25.00 per day when they are required to stand by for work, unless a particular workplace agreement prescribes a different rate for a particular workplace.

Clause 48. Higher Duties Allowance

The purpose of a higher duties allowance (HDA) is to appropriately compensate an employee for performing duties for a specified period which attract a higher rate than the employee's substantive position. HDAs may apply to employees who are competent and/or qualified to perform the duties required.

The quantum of the HDA will be dependent on the difference between the remuneration of the current role and the 'higher duties role', the percentage of the higher role undertaken, and the period of time the employee is performing the higher duties role. An employee who works atleast five consecutive days or at least five consecutive work periods on duties that are paid at a higher rate than the employee's ordinary classification will be paid the higher rate.

Provided that, where an employee is required to perform duties which attract a lower rate of pay on a short term or temporary basis, there shall be no adjustment to the employee's salary.

Clause 49. Employee Travel Costs

If an employee uses a privately owned vehicle on RACV business the vehicle must be comprehensively insured. A cents per kilometre reimbursement will be paid for RACV business travel by car. The rate of reimbursement will be the rate set by RACV. This rate is reviewed annually taking into account typical industry practice and ATO guidelines. This reimbursement will be paid pre-tax if the vehicle used is subject to a novated or associate lease, and post-tax for all other private vehicles.



Clause 50. Dress Policy, Uniforms and Subsidy

Employees' attire, grooming and general appearance at work should be businesslike and appropriate for the job, the work environment and the business activities of a particular business unit of RACV. Employees may be required to wear preferred dress, a uniform or to comply with the provisions of the RACV Club Handbook.

If an employee is required to wear a uniform, RACV will provide and pay for such uniform. The uniform remains the property of RACV.

If an employee is not in a position that involves extensive face-to-face front-line interaction with members and customers but chooses to wear the corporate wardrobe, the employee is entitled to a 50% subsidy, up to a contribution of $100 every two years, after completing the six-month qualifying period. The employee will need to maintain documentary evidence of purchases and associated costs, for example dry cleaning, to enable deductions against taxable income.

This policy applies to all employees, contractors and temporary staff during working hours, including overtime. Exceptions are where alternative dress standards are agreed and formalised in a workplace agreement, and on designated casual dress days.

Clause 51. Other Forms of Allowances and Penalties Rates Applicable to a Particular Business of RACV

Workplace agreements may provide for penalties rates and/or allowances that apply only to a particular business of RACV given the operational circumstances of such business unit. .

Final- 28 May2010 Page 66 of87


DIVISION 4- CONSULTATION, DISPUTE SETTLING AND OTHER PROCEDURES AND MISCELLANEOUS PROVISIONS

Clause 52. Consultative Mechanisms and Procedures

RACV is committed to effective communication with its employees and will ensure that regular open communication takes place with staff. To ensure that employees

. have as much input as possible into issues affecting them, RACV has put in place Consultative Committees which include both management and employee representative/so Through discussion, these Committees provide input to assist in the resolution of issues. Employees may approach union/employee representative/s or Consultative Committee members to represent them in employment related issues that may affect them such as a grievance or performance/conduct issues. Each employee representative is responsible for accurately representing the views of the employees he or she has been selected to represent and for ensuring these views are taken into consideration when recommendations are being put forward.

Clause 53. Disputes Procedure

53.1 If a dispute relates to:

(a) a matter arising under the Agreement; or (b) the National Employment Standards;

this term sets out procedures to settle the dispute.

53.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term.

53.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management.

53.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Australia.

53.5 Fair Work Australia may deal with the dispute in 2 stages:

(a) Fair Work Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and

(b) if Fair Work Australia is unable to resolve the dispute at the first stage, Fair Work Australia may then:

(i) arbitrate the dispute; and (ii) make a determination that is binding on the parties.

Final- 28 May 2010 Page 670/87


Note If Fair Work Australia arbitrates the dispute, it may also use the powers that are available to it under the Act.

A decision that Fair Work Australia makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision.

53.6 While the parties are trying to resolve the dispute using the procedures in this term:

(a) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and

(b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:

(i) the work is not safe; or (ii) applicable occupational health and safety legislation would not

permit the work to be performed; or (iii) the work is not appropriate for the employee to perform; or (iv) there are other reasonable grounds for the employee to refuse to

comply with the direction.

53.7 The parties to the dispute agree to be bound by a decision made by Fair Work Australia in aGcordance with this term.

Clause 54. Occupational Health and Safety Matters

54.1 Workers' Compensation

As an employer, RACV will abide by relevant workers' compensation legislation and, for the period of time a claimant remains an employee, will continue to provide superannuation support based on payment of weekly compensation.

54.2 Accident Make-up Pay

Should an employee meet with an accident and is subject to and qualifies for compensation under the relevant state's accident/workers compensation Act, such employee shall have the amount received by way of compensation increased by RACV to the amount of their relevant day(s) work at the

. applicable hourly rate at the time of such accident unless a Workplace Agreement provides otherwise. The payment to be made by RACV will not apply for the first five days of lost time and shall be limited to a maximum of 52 weeks in anyone year.



54.3 Rehabilitation

RACV is committed to assisting employees to return to work if they suffer a work-related illness or injury. Where an employee has lodged a WorkCover claim and has an incapacity for work that is expected to involve 20 or more days away from the workplace, a return to work plan will be developed as soon as is practicable but within 10 days of becoming aware of the incapacity. Employees may directly contact anyone of a number of RACV approved rehabilitation providers to assist with their return to work.

54.4 Employee Eyewear

(a) RACV will offer eyesight screening and examination and where employees require safety or protective prescription glasses for their work or, where the optometrist has indicated that glasses are required for an employee to do their work safely and effectively, RACV will contribute 50% of the cost of lenses and frames up to a total of $200.

(b) Reimbursement for repair or replacement, to a maximum of $50, shall be made by RACV in instances where, in the course of work, an employee's spectacles or contact lenses that are ordinarily required for the performance of the employee's work are damaged or destroyed.

54.5 Employee Dress Safety Standards

It is RACV policy that employees are at all times attired and presented in a business like manner that is apprqpriate and safe for the environment in which they are working.

Shoes should be well maintained and businesslike, recreational footwear is not normally accepted, examples are: runners, joggers, floaters, hiking boots, etc. Thongs (and like styled backless footwear), moccasins and ugg boots are deemed to be inappropriate and are not to be worn.

54.6 First Aid

An adequate supply of first aid material as documented within RACV kit content lists shall be provided and routinely maintained by RACV at a place reasonably accessible to all employees requiring to use such material. An appropriate number of first aid attendants with the adequate level of competency will also be provided with the cost of first aid and CPR training being met by RACV.

Final - 28 May 201 a Page 69 0/87


54.7 Smoke Free Workplace

RACV is a smoke free workplace and smoking is not permitted in any RACV premises or vehicles, including:

• Inside any RACV car park; and • In or around entrances and exits, stairwells and fire

. escapes of any RACV premises within ten metres from site access and egress areas (e.g. driveways) of any RACV premises.

In anyone financial year employees attempting to quit smoking are eligible to receive up to $100 reimbursement of their out of pocket expenses associated with their quit smoking efforts.

54.8 Occupational Diseases

RACV supports the prevention of transmission of serious diseases in the workplace and wi'll cover the cost of hepatitis and tetanus vaccination for employees whose work introduces an increased risk of contamination (e.g. first aid attendants, Surveillance Incident Response Officers, housekeeping employees). RACV will also encourage all employees to participate in corporately funded flu vaccination programs when appropriate.

Clause ~5. Movement of Employees

Employees may be moved to temporarily replace other employees in order to maintain continuous operation. This may include employees being moved into other RACV locations to assist with operations where unusual circumstances or high demand require it.

Clause 56. Absence Management

RACV and its employees are committed to developing and implementing joint strategies to reduce absenteeism. Full consultation will occur with all employees prior to implementation of any agreed strategies.

Clause 57.· Reward and Recognition

RACV is committed to developing and implementing a reward and recognition program to recognise the performance of employees, individually and as members of teams throughout a year.



Clause 58. Performance Feedback

RACV conducts performance appraisals on a twelve monthly basis consistent with the corporate process or in accordance with Workplace Agreements. The performance management approach adopted by the RACV may include kE:lY performance indicators (KPls) which are developed for each position.

Clause 59. Life Style Management

RACV recognises the need and is committed to maintaining a workplace that provides for a work life balance environment.

Clause 60. Daylight Saving

60.1 Notwithstanding anything contained elsewhere in this document, in any area where by reason of the legislation of a State summer time is prescribed as being in advance of the standard time of that State the length of any shift:

(a) commencing before the time prescribed by the relevant legislation for the commencement of a summer time period, and

(b) commencing on or before the time prescribed by such legislation for the termination of a summer time period,

shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant to the relevant State legislation.

60.2 In this sub-clause the expressions 'standard time' and 'summer time' shall bear the same meaning as are prescribed by the relevant State legislation.

Clause 61. Subscriptions

Employees, who are required to maintain registration with appropriate organisations to maintain current qualifications, shall be reimbursed the full cost of meeting this requirement if agreed by RACV.



PART B - MEMBERLINE/MSD SPECIFIC CLAUSES

Provisions that apply to Memberline Consultants and MSD Consultants.

Clause 62. Additional Definitions

"Agreed Pattern of Hours" shall be the hours of work determined in accordance with this Agreement for each employee, being a 152-hour fourweek cycle for full-time employees and the hours as contained in the letter of appointment and subsequent variation for permanent employees working less than 152 hours.

"Directed overtime" means overtime which has been directed by RACV.

"Employees covered by this Agreement" means those employees identified by Clause 2(ii) of this Agreement.

'''Notional Weekend" means regular rostered non-working days and would normally be two full consecutive days off, following the completion of a five day agreed pattern of hours.

"Operational Hours" means the period within ordinary hours in which the Member Contact Centres are required to operate.

"Voluntary overtime" means any overtime which is performed by an employee whereby the employee has a choice whether to undertake the overtime or not.

Clause 63. Weekends, Loadings and Hours of Work

63.1 Roster System - Pattern of hours/Hours of Work

See also Clause 14 of this Agreement.

RACV will, at its discretion, operate a rostering system that utilises combinations of varying lengths of work patterns. All patterns of work will be measured in hours to facilitate the taking of annual leave, personal leave and other absences from the workplace.

Employee's hours of work will average 38 per week over a four week cycle or other work cycle as determined by RACV.



63.2 Notional Weekends

Employees who have a day off which includes a Saturday or Sunday who are. not rostered to work directly preceding or following either of these days will have these two days as their notional weekend.

When the above does not apply and the roster includes working on a Saturday or Sunday, the employee will have their notional weekend automatically follow on from their last working day. ego an employee working Friday, Saturday, Monday and Tuesday would have Wednesday and Thursday as their notional weekend.

In the event that an employee does not have two consecutive days when they are not rostered to work RACV will nominate their notional weekend.

It is the intention of this Agreement that overtime will be payable on either an actual weekend or a notional weekend, but not on bot~.

If a public holiday falls on a notional weekend and you do work you will get paid a Public Holiday loaded rate of double time and a half (250%) (minimum 4 hours pay).

63.2.1 Full-Time Employees

Full-time employees will not be required to work more than five consecutive days in any work cycle of seven days, unless by agreement between the employee and RACV. However, on one occasion each six months RACV may roster employees to work six days straight, then have at least two days off as a notional weekend. Staff working on a notional weekend will be paid at the rate of double time (that is, treated the same as overtime worked on a Saturday or Sunday).

63.2.2 Part-time Employees

Part-time employees will not be required to work more than five consecutive days in any work cycle of seven days, unless by agreement between the employee and RACV. Staff who have exceeded 38 hours per week and who work on a notional weekend will be paid at the rate of double time (that is, treated the same as overtime worked on a Saturday or Sunday).

63.2.3 Public Holidays and Notional Weekends

If an employee's two day break falls on a public holiday the employee shall receive an additional day added to their annual leave unless the employee has worked the public holiday and has been paid at the public holiday loaded rate. Additional annual leave days shall not exceed four days per year.

Final- 28 May 2010 Page 730f87


63.3 Meal Breaks/Rest Breaks


(i) No period of work shall exceed five (5) hours without an unpaid break for meals or six (6) hours by agreement. The length of the meal break shall be thirty minutes.

(ii) Staff who are rostered to work a minimum of seven hours shall be able to take two 15 minute paid rest breaks and one unpaid meal break. One paid rest break shall take place before the unpaid meal break and one . paid rest break shall takeplace after the unpaid meal break; as rostered.

(iii) Staff who are rostered to work a minimum of four hours only per day sha:ll be entitled to one paid fifteen minute rest interval, which shall be rostered bY RACV, between the time of commencing and completing work.

(iv) Staff who are rostered to work ten hours shall be entitled to one paid fifteen minute rest break prior to the unpaid meal break. Following the unpaid meal break staff shall be entitled to receive a further paid fifteen minute rest break. Staff shall also be entitled to a further paid 10 minute rest break no later than 60 minutes prior to the conclusion of their rostered ten hours.

See Appendix A for Breaks Per Hours Worked.

Clause 64. Overtime


64.1 Full-Time Employees

Overtime is either all time that is worked by directive or all overtime hours that are agreed to between staff and their Team Manager/management in excess of the total hours for the work cycle of the employee, or outside the normal daily spread of hours.

64.2 Part-Time Employees

Part-time employees who voluntarily work beyond their normal weekly hours shall be paid at the ordinary hourly rate for all such hours up to 38 hours per week. Part-time employees who are directed to work beyond their normal weekly hours shall be paid in accordance with sub-clause 64.4 - Payments for Overtime of this Agreement.



64.3 General Overtime Provisions

Employees who work overtime on a public holiday shall be provided with at least four hours work or at least four hours pay.

Directed overtime can only be approved by a person authorised by the Member Contact Centre General Manager.

If a staff member is rostered to work six days straight at the end of one rotational pattern and the commencement of a new rotational roster if applicable, there is not an entitlement to overtime on the 6th day because it is still part of ordinary hours.

64.4 Payments for Overtime

Monday - Sunday:

Two Day Break: (either Saturday and Sunday or Notional Weekend)

64.5 Meal Money

time and one halffor the first two hours and double time thereafter

double time, with a minimum payment as for three hours work

(i) Where an employee is directed to work overtime of one hour or more at a time, the .employee shall be paid a meal allowance of $12.70 or at the option of the. employer be provided with a meal applicable to that time of the day. Payment shall be made in the next pay period following the period worked.

(ii) This. allowance will not be payable in the event of an employee working voluntary overtime. However if a staff member is requested and volunteers to work extra hours on the day that they are already working, the meal allowance will be applicable. If a staff member is requested and volunteers to do overtime in advance of the day that the overtime will be worked, the meal allowance will not be applicable.

(iii) If a staff member is directed to attend a team meeting where overtime is applicable then the meal allowance shall apply, or at the opfion of the employer be provided with a meal applicable to that time of the day. A meal allowance will be applicable where any training (either voluntary or

. directed) is undertaken outside ordinary working hours, and is one hour or more in duration.



64.6 Transport Home

Where an employee is directed or requested by the business to work overtime until 8.00 pm and beyond and that request is made on the day of the overtime, he or she will be provided with transport to their usual place of residence, if required. Transport will only be provided to those employees who do not have their own vehicle, or access tb the same form of travel home that was used to get to work, to travel to their usual place of residence.

Transport will not be provided to employees who are rostered to work after 8.00 p.m. as part of their ordinary hours of work.

Clause 65. Rostering

The concept of work flexibility sought to be achieved by this Agreement envisages employees and management working together to achieve RACV's business needs, while personal responsibilities, are taken into account This system of work requires a mature working relationship to be established between managers and their employees.

The Member Contact Centres operate rostering as a means to meet operational requirements and its ability to serve the member/customer. Rostering will include sufficient flexibility to meet peaks of demand that may occur on a day or seasonal

. basis. In particular, the rostering of help desk staff will ensure that they are rostered only during the hours of operation of the help desk unless otherwise agreed in consultation with management.

In agreeing the appropriate working arrangements to apply management and employees shall consider the operational requirements of the business.

Where agreement cannot be reached between employees and management on the pattern of hours to be worked, management will, in consultation with the employees determine the roster for the employees.

In the case of an operational emergency situation occurring and/or during a period of peak workload, any member of RACV staff may be directed to work in any RACV work location or position. Such support may be utilised until trained staff are available to perform the work (refer to Clause 10 - Enterprise Flexibility of this Agreement).

RACV will provide, where possible, 24 hours notice to employees if required to fill a roster vacancy.

An employee may request a change in roster and RACV shall respond to any such request within fourteen days. The decision as determined by RACV will be based on the operational requirements of the business.

RACV is committed to providing to employees the opportunity to work on a part time basis.

Final- 28.May 2010 Page 760f87


RACV will at all times take into consideration the normal pattern of hours for a part time employee when meeting its rostering requirements. Any requirement of part time employees to work in excess of ordinary hours should occur on an irregular basis only. Part time employees who voluntarily work beyond their normal weekly hours shall be paid at the ordinary hourly rate for all such hours up to 38 hours per week.

Clause 66. Call Recording/Call Coaching

Call recording has been implemented into the RACV's Member Contact Centres for the following purposes:

(i) to assist with the initial and ongoing training of staff through call coaching with a view to" improving the company's service c;!elivery to internal and external customers;

(ii) to ensure that the resolution of member/customer and staff complaints can be substantiated and handled appropriately;

(iii) to assist in resolving insurance disputes to improve our risk management process, and to provide an audit trail for electronic financial transactions.

Such recording will be subject to statutory and regulatory procedures for confidentii:!lity, as amended from time to time, and shall be subject to the following conditions:.

1. Tapes and recordings will be held for a minimum period of two years and may be accessed for that total period.

2. Tapes and recordings will remain strictly confidential and remain the property of the RACV. They will not be duplicated for any purpose other than training, performance management, complaint resolution and electronic financial transaction audit and accountability purposes.

3. Access to tapes and recording for any permitted purpose can only be done by those people authorised by Operations/MCC management including but not limited to MCC Team Managers, Certificate IV program participants or participants of any other approved development training program. In the event that a consultant is required to listen to a call employees must be advised and the dispute resolution process is available to them should they object.

4. The following procedure must be complied with if another area requires access to a tape or recording:

(i) The Manager of the relevant business unit must put their request in writing.

Final- 28 Mmj 2010 Page 77 of87


(ii) All written requests from other business units can only be approved by either the Operations Executive General Manager, General Manager, Operations Mariager(s), System and Support Manager of the Member Contact Centre.

(iii) All relevant employees will be informed if a specific tape or recording has been accessed.

(iv) All such access will be recorded in a telephone recording log.

5. When a tape or recording is accessed, that particular employee will be notified and provided feedback within seven days.

6. In circumstances where authorised access to the tapes or recordings identify a need for the counselling of an employee, the Team Manager, will be involved in the counselling session with the employee. A staff representative may also be present, if so desired by the employee.

7. An employee has the right to have a representative present during any interview with management regarding a complaint from a RACV member/customer. The employee will also have the right to listen to the recording of the call if they choose.

8. Employees may report the activities of any caller who they believe to be rude, threatening or against the interest of the RACV or themselves personally. The RACV will act on any such complaint and report to the employee the outcome of any investigation.

9. Call recording will not be used in any manner or form to 'monitor', either directly or indirectly, personal calls by employees. There will always be phones available within the department that are not recorded, specifically for staff personal calls, RACV is appreciative that occasionally in emergency situations a personal inbound call is necessary and will be considerate in such instances.

10. The RACV will investigate any written or verbal complaints necessary to resolve a member/customer complaint or to improve service delivery in the future.

Final- 28 May 2010 Page 78 0/87


Clause 67. Salary Increase

During the life of this Agreement, salary reviews will be conducted in line with RACV's Remuneration Guidelines.

The total remuneration for employees will be no less than the rates specified below:

Position

Memberline Consultant (permanent) MSD Consultant (permanent)

Memberline Consultant (maximum term, usually 12 months)

Clause 68. Public Holidays


Total Remuneration per annum as at 1 July 2010 (inclusive of superannuation & annual leave loading)

$47,196.00

$50,047.00

$42,228.00.

68.1 Where the hours worked on a public holiday would have ordinarily attracted overtime payments had the day not been a public holiday, the public holiday penalty shall apply in lieu of the overtime rates.

68.2 A public holiday roster shall be distributed annually on the 1 st of July of each year. The public holiday roster shall specify the public holidays that employees will be required to work in the period between 1 July and 30 June. The public holiday roster could be subject to operational changes.

68.3 Employees who work overtime on a public holiday shall be provided with at least four hours work or at least four hours pay.

68.4 Employees shall be employed with a minimum payment of 3 hours pay for each engagement.



Clause 69. Annual Leave


69.1 Annual Leave Notice Period

The employee shall apply for leave and the employer shall respond to the leave with the full period of notice in writing.

One day's leave Two to seven day's leave Eight to twenty day's leave Over twenty days leave

Employee Notice

1 week's notice 1 month's notice 3 month's notice 6 month's notice

Employer Response will be within 3 working days 1 week 4 weeks 4 weeks

Where there are extenuating circumstances, the period of notice may be waived by agreement.

Should RACV and the employee fail to reach agreement on when the leave is to be taken, it shall be taken as directed by RACV, provided four weeks' notice is given prior to the date upon which leave is to commence.

If an employee wishes to take annual leave during the Christmas Holiday Period they must submit their request to the Team Manager, who will forward the request to the Systems Administration Manager and the Operations Manager by 1 March of each year, unless otherwise agreed. Where requests are submitted by 1 March each year, a response will be provided to each annual leave request by 30 March each year.

The Christmas holiday period is defined as commencing from December 15th to February 1 st.

Clause 70. Long Service Leave


Leave may be available in 4 weekly blocks or less by agreement between the employee and the Team Manager, or taken in its entirety. Employees taking long service leave in 4 weekly blocks or less must in addition fully utilise their annual leave entitlement for their 12 month period, in accordance with RACV Policy.

Clause 71. Training and Development

Training will be conducted within the 38 hour working week or as overtime according to the operational needs of the business. Any training completed as directed overtime shall be paid in accordance with Clause 64.



Training will include but will not be limited to internal procedures (training in new procedures, products and systems), communication (verbal & written), and member/customer service (service & sales, courtesy, sales and dispute handling), call coaching and career development modules.

It is agreed that RACV can expect employees to pre read training material given a minimum of five (5) days prior notice. Material provided will be of reasonable length (Le. should not take more than 30 minutes to complete). Training material that requires more than approximately 30 minutes reading time shall be conducted within ordinary hours.

Clause 72. Transfers/Exchanges of Staff Between the Retail Network, Roadside Assistance Centre and Memberline


Staff may be transferred betweefl the Member Contact Centre and the Retail Network for operational and personal development reasons. Transfers and exchanges will be

. undertaken in accordance with the conditions of employment which apply at the work location where the staff member is going.

Employees employed after 1 March 1997 will have as a condition of employment that they can be transferred between the Member Contact Centre and the Retail Network to satisfy business requirements.

All staff transfers/exchanges between MCC and Retail are to be advised in writing outlining the circumstances of the transfer exchange including any arrangements accommodation, travelling and any other administrative arrangements associated with the move.

All staff employed after.the 18th July 2007 may be transferred between Memberline and the Roadside Assistance Centre to meet operational requirements in either location. Transfers will remain in force as required to satisfy the operational needs in the Roadside Assistance Centre or Memberline.

Clause 73. No Extra Claims

This Agreement is a closed agreement, that is, the employment conditions and salary increases butlined in the Agreement represent the employment conditions and total salary increases payable to employees covered by the Agreement throughout the life of the Agreement. The parties agree not to make any extra claims on RACV for additional salary increases for all employees or alterations to employment conditions throughout the life of the Agreement.

If during the life of this Agreement RACV elects to provide improvements in the terms and conditions of employment for the employees covered by this Agreement,

Final - 28 May 2010 Page 810/87


RACV may confer with the Consultative Committee with a view to the method of implementation.

Clause 74 Flexible Part-Time Employment

(a) Flexible part-time employment is a classification of employment that provides permanent employment for employees and flexible working hours for both parties. Permanent employees will not be required by RACV to convert to flexible part-time employment unless they apply for a flexible part-time position should a position become available.

(b) Flexible part-time employees are employed to work between 12 hours and ·152 hours over any four week period. The number of rostered hours may vary from day to day at RACV's discretion.

(c) Flexible part-time employees shall be entitled to paid annual leave and paid personal leave on a pro-rata basis according to their hours worked. All ordinary hours worked count towards an employee's accumulation of leave with respect to long serviceleave, annual leave and personal leave. In compensation for this flexibility, employees engaged as flexible part time employees will receive a loading of 5% on the ordinary hourly rate for all ordinary hours. worked.

(d) Flexible part-time employees are paid overtime rates for all additional hours in excess of 38 hours per week averaged over a four week period or for any additional hours in excess of 12 hours in a work period.

(€i) Rostering provisions for flexible part-time employees

(i) Flexible part-time employees may be rostered to work between 12 hours and 152 hours over any four week period.

(ii) A flexible part-time employee who is rostered to work but not required to work will be paid a minimum of three hours' pay on each occasion, if less than 24 hours notice is provided.

(iii) RACV will consult with flexible part-time employees to determine their availability when offered work. If a flexible part-time employee is not

. available to work then RACV will approach another flexible part-time employee with the available hours. It is expected that flexible part-time employees will make themselves available for their minimum contracted hours.


RAev Memberline/MSD Enterprise Agreement 2010-2013

(f) Applying for Leave

(i) Annual Leave:

Flexible part-time employees when applying for annual leave will be paid their 12 hours unless they specify a greater number of hours per week, up to 38 hours per week. The number of hours up to 38 hours per week will depend on the leave credit available to the employee which is a direct result of the number of hours the employee has previously worked.

(ii) Personal Leave:

All hours worked by flexible part-time employees attract leave credits. Employees are paid personal leave on the basis of the number of hours the employee has been rostered to work on the day when they are unavailable to work. Payment for personal leave will depend on the leave credit available to the employee which is a direct result of the number of hours the employee has previously worked.

For example, a flexible part-time employee who may normally work 7.6 hours on a Monday and 4.4 hours on a Tuesday but is rostered to work 7.6 hours on a Wednesday and 7.6 hours on a Thursday, who is unable to attend for the week, would be paid, if sufficient personal leave credit is available, all the hours the employee has been rostered to work, but not the minimum contracted hours.

(iii) Public Holidays

Flexible part-time employees are not entitled to public holidays. However, where a flexible part-time employee works on a public holiday, the employee will be paid at the rate of double time and a half for all time worked with a minimum payment of four hours.

Clause 75 Agreement Flexibility

75.1 An employer and employee covered by this Agreement may agree to . make an individual flexibility arrangement to vary the effect of terms of the Agreement if:

(a) the Agreement deals with 1 or more of the following matters:

Final - 28 May 2010

(i)

(ii)

(iii)

arrangements about when work is performed;

overtime rates;

penalty rates;

Page 83 0/87


(iv) allowances; and

(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and

(c) the arrangement is genuinely agreed to by theemployer and employee.

75.2 The employer must ensure that the terms of the individual flexibility arrangement:

(a) are about permitted matters under section 172 of the Fair Work

Act 2009; and

(b) are not unlawful terms under section 194 of the Fair Work Act

2009; and

(cj result in the employee being better off overall than the employee would be if no arrangement was made.

75.3 The employer must ensure that the individual flexibility arrangement:

(a) is in writing; and

(b) includes the name of the employer and employee; and

(c) is signed by the employer and employee and if the employee is

under 18 years of age, signed by a parent or guardian of the

employee; and

(d) includes details of: (i) the terms of the Agreement that will be varied by the

arrangement; and

(ii) how the arrangement will vary the effect of the terms; and

(iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and

(e) states the day on which the arrangement commences.

75.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

Final - 28 May 2010 Page 840[87


75.5 The employer or employee may terminate the individual flexibility arrangement:

(a) by giving no more than 28 days written notice to the other party to the arrangement; or

(b) if the employer and employee agree in writing - at any time.

Clause 76 Consultation/Communication with Consultative Committees

It is agreed that the Consultative Committees shall be kept informed of any major changes as they may impact on employees. It is understood that there may be confidential information provided which is not to be disseminated outside the Consultative Committees. It is also accepted that there may be confidential information that will not be advised to the Consultative Committees on the basis of the sensitivity of such information.



SIGNATORIES TO THE AGREEMENT

1_ SIGNED FOR AND ON BEHALF OF RACV SALES & MARKETING PTY L TO

~~ General Manager, Member Contact Centres c/-RACV 550 Princes Hwy, Noble Park North 3174 (who is authorised to sign this Enterprise Agreement on behalf of RACV Sale & arketing Pty Ltd)

(Print Witn~ull Name)

Date

Date

5"50 ft ,',...ce5 Hd . NtJ bk: (t., ~ NQ/Jt-t_ (Witness Address)

2. SIGNED FOR AND ON BEHALF OF EMPLOYEES COVERED BY THIS AGREEMENT AS OUTLINED IN CLAUSE 2

~/ r"'/J __ ~r-~,--

E~nature,-

(who is authorised to sign this Enterprise Agreement on behalf of employees)

o

$ S' 0 P Y\ ~ CPS'S-Employee address

SIgnature of Witness

(~ n-=t:.J-e .~" \l\oA 's 174.

3l(S/ao ro' Date

S7toh e:aselec)u,) (Print Witness Full Name)

Final - 28 May 2010

.550 'P(i.I) ce S,-) hw~ N6101~ (Witness Address) ()..-, -. I _ I U _

h/lil ~\lOMV\'

Page 86 of87 ?llt·


APPENDIX A

BREAKS PER HOURS WORKED

Hours 15 min 30 min 15 min 10 min Hours at (paid) (unpaid) (paid) (paid) Work

3.5 3.5 4 * 4

4.5 * 4.5 5 * 5

5.5 * * 6 .

5.5 (by * 5.5 agreement)

6 * * 6.5 6 (by * 6

agreement) 6.5 * * 7 7 * * * 7.5

7.5 * * * 8 8 * * * 8.5

8.5 * * * 9 9 * * * 9.5

9.5 * * * 10 10 * * * * 10.5


[2010] FWAA 6077 - Finance Sector Union...[2010] FWAA 6077 DECISION Fair Work Act 2009...

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