AP845540 - Emergency Services Telecommunications Authority Award 2005

This Fair Work Australia consolidated award incorporates all amendments up to and including 24 April 2006 (variations PR969824, PR970365, PR970388 and PR971881).

Clauses affected by the most recent amendment(s) are:

2.	Arrangement
9.	Definitions
13.	Types of employment
14.	Classification and salary rates
15A.	Overtime
16.	Public holidays
18.	Annual leave
19.	Bereavement leave
20.	Parental leave
21.	Personal / carer's leave
22.	Sick leave

About this Award:
This award supersedes the Intergraph Enterprise (Interim) Award 1995 [AW785156].

This award has been title changed from Emergency Communications Victoria Award 2004 [AW838175].

Printed by authority of the Commonwealth Government Printer.

Disclaimer:
Please note that this consolidated award is prepared by the staff of Fair Work Australia and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

Copies of official decisions, awards and orders of Fair Work Australia and the Australian Industrial Relations Commission (prior to 1 July 2009) can be accessed at no cost through Fair Work Australia’s website (www.fwa.gov.au) or purchased from any office of Fair Work Australia.

AP845540 [Pre-Reform FWA Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

Review of awards pursuant to Item 51 of Part 2 of Schedule 5 of the
Workplace Relations and Other Legislation Amendment Act 1996
(C No. 00568 of 1999)

INTERGRAPH ENTERPRISE (INTERIM) AWARD 1995
(ODN C No. 23735 of 1995)
[Print M9284 [I0248]]

Various employees	Business equipment industry	
		
COMMISSIONER LARKIN	SYDNEY, 23 FEBRUARY 2001	

Award simplification.

ORDER

A.	Further to the Award Simplification Decision of the Commission issued on 23 December 1997 [Print P7500] and the decision issued by this Commission on 22 February 2001 in [PR901449]. the above award is varied as follows:

By deleting all clauses and inserting the following:

PART 1 - APPLICATION AND OPERATION OF AWARD 

1.	AWARD TITLE

[1 varied by PR954772 ppc 05Jan05]

This award shall be known as the Emergency Services Telecommunications Authority Award 2005.

2.	ARRANGEMENT

[2 amended by PR966485 PR969824 PR970365]

Part 1 - Application and operation of award

1.	Award title [PR954772]
2.	Arrangement [PR970365]
3.	Commencement date of award and period of operation
4.	Incidence of award [PR954772]
5.	Parties bound [PR954772]
6.	Supersession
7.	Savings
8.	Posting of award
9.	Definitions [PR970388]
10.	Anti-discrimination

Part 2 - Enterprise flexibility

11.	Enterprise flexibility provisions

Part 3 - Dispute resolution

12.	Dispute settlement procedures

Part 4 - Employment relationship

13.	Types of employment [PR969824]

Part 5 - Wages and related matters

14.	Classification and salary rates [PR970365]

Part 6 - Hours of work, breaks, overtime, shiftwork and weekend work

15.	Hours of work [PR954772]
15A.	Overtime [PR970365]

Part 7 - Types of leave

16.	Public holidays [PR970365]
17.	Shift penalties [PR966485]
18.	Annual leave [PR969824]
19.	Bereavement leave [PR969824]
20.	Parental leave [PR969824]
21.	Personal / carer's leave [PR969824]
22.	Sick leave [PR969824]

3.	COMMENCEMENT DATE OF AWARD AND PERIOD OF OPERATION

This award will comes into operation from 22 February 2001 and will remain in force for a period of twelve months.

4.	INCIDENCE OF AWARD

[4 varied by PR954772 ppc 05Jan05]

This award applies in those States of Australia where Employer has offices and operates its business and covers all employees except senior executive officers.

5.	PARTIES BOUND

[5 varied by PR954772 ppc 05Jan05]

This Award will be binding on:

•	Emergency Communications Victoria; and

•	the Australian, Municipal, Administrative, Clerical and Services Union and employees of Intergraph eligible for membership of that Union.

•	the Communications, Electrical, Electronic, Energy, Information,Postal, Plumbing and Allied Services Union of Australia and employees of Intergraph eligible for membership of that Union.

6.	SUPERSESSION

This award supersedes the Intergraph Enterprise (Interim) Award 1995, but no right obligation or liability accrued or incurred under that award or variations to it shall be affected by such supersession.

7.	SAVINGS

Nothing in this award will in itself operate to reduce the conditions of employment of an employee which were in existence immediately prior to or at the commencement of this award in respect of allowable award matters.

8.	POSTING OF AWARD

Intergraph will in each Communication Centre or place of business conducted by it, post and keep posted in a prominent and easily accesible place, a current copy of this award.

9.	DEFINITIONS

[9 varied by PR954772 ppc 05Jan05]

9.1	Act means the Workplace Relations Act 1996.

9.2	Centre Manager means the Manager designated by the employer to control and direct the work of the employees at a particular location.

9.3	Commission means the Australian Industrial Relations Commission.

9.4	Communications Centre means a communications facility from which the employer operates emergency communications services.

9.5	Employee means a person employed by the employer in various operational and operational support classification as outlined in clause 14.1.

9.6	Employer means Emergency Communications Victoria.

9.7	Dispute or grievance means a situation that arises where one or more persons feels aggrieved about a particular matter and, as a consequence, a dispute occurs.

9.8	Operations Manager means the senior manager at Integraph holding that position and responsible for operational matters relating communications matters.

9.9	Senior executive officers means persons employed by the employer on an individual contract basis to perform senior management functions.

9.10	Standard Operating Procedures means the administrative and operational procedures and rules under which Employer employees must operate.

9.11	Team leader means s supervisor who is responsible for the management of a number of employees who are grouped into a team at a specific Communications Centre.

9.12	Work practices means  the actual ways in which particular jobs are carried out.

9.13	Union means the Australian, Municipal, Administrative, Clerical and Services Union and the Communications, Electrical, Electronic, Energy, Information, Postal Plumbing and Allied Services Union.

[9.14 inserted by PR970388 ppc 21Mar06]

9.14	Shift worker means an employee whose ordinary hours of work extend beyond day shift on Monday to Friday and includes persons who work regularly on Saturday or Sunday; workers with variable rosters and continuous shift workers.

10.	ANTI-DISCRIMINATION

10.1	It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

10.2	Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

10.3	Nothing in this clause is taken to affect:

10.3.1	any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

10.3.2	junior rates of pay, until 22 June 2000 or later date determined by the Commission in accordance with s.143(1E) of the Act;

10.3.3	an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;

10.3.4	the exemptions in s.170CK(3) and (4) of the Act.

PART 2 - ENTERPRISE FLEXIBILITY 

11.	ENTERPRISE FLEXIBILITY PROVISIONS

(See ss.113A and 113B of the Act)

Where the employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply:

11.1	A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.

11.2	For the purpose of the consultative process the employees may nominate the Union or another to represent them.

11.3	Where agreement is reached an application shall be made to the Commission.

PART 3 - DISPUTE RESOLUTION 

12.	DISPUTE SETTLEMENT PROCEDURES

12.1	In the event of a dispute or grievance arising in the workplace the procedures to be followed to resolve the matter will be as follows:

12.1.1	Step One: The subject of the dispute or grievance will be discussed between the employee(s) concerned and the team leader. That person must make a genuine attempt to resolve the matter speedily and equitably witin 48 hours.

12.1.2	Step Two: If the matter cannot be resolved in Step One, the matter will be referred to the Centre Manager who will attempt to resolve the matter within a further 48 hours. An employee representative may be present at this stage at the request of either the employee(s) or the Centre Manager.

12.1.3	Step Three: If the matter remains unresolved it will be referred to the Operations Manager for consideration and decision. At this stage, the Operations Manager must consult with an appropriate employee representative.

12.1.4	Step Four: Should the matter still be unresolved it will be referred to the Commission for resolution.

12.2	While the parties are attempting to resolve the matter work will continue as normal unless an employee has a reasonable concern about an imminent risk to his or her health and safety.

PART 4 - EMPLOYMENT RELATIONSHIP 

13.	TYPES OF EMPLOYMENT

13.1	General

13.1.1	Employees under this award will be employed in one of the following categories:

13.1.1(a)	full-time employees

13.1.1(b)	casual employees

13.1.1(c)	part-time employees

13.1.2	At the time of engagement the employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, part-time or casual.

13.2.1	Casual employees

[13.2 renumbered as 13.2.1 by PR969824 ppc 02Feb06]

A casual employee is an employee appointed on a casual basis to undertake work. Such employees shall receive a minimum hourly rate of pay based upon 1/2080th of the base rate annual salary for the job classification occupied plus a 25% loading in lieu of all entitlements to leave.

13.2.2	Caring responsibilities

[13.2.2 inserted by PR969824 ppc 02Feb06]

13.2.2(a)	Subject to the evidentiary and notice requirements in 21.3(a) and 21.3(b), casual employees are entitled to not be available to attend work, or to leave work:

•	if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or

•	upon the death in Australia of an immediate family or household member.

13.2.2(b)	The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

13.2.2(c)	An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

13.3	Part-time employees

A part-time employee is an employee appointed to work for a regular, specified number of hours, averaging less than 40 hours per week. Such employees shall be paid at the normal hourly rate paid to full-time employees for each hour worked.

PART 5 - WAGES AND RELATED MATTERS 

14.	CLASSIFICATION AND SALARY RATES

[14 varied by PR954772 ppc 05Jan05]

14.1	Classifications

14.1.1	Employer employees two broad categories of employees:

14.1.1(a)	Operational employees - who undertake operational duties at the communication centres such as calltakers, dispatchers and team leaders; and

14.1.1(b)	Operational support employees - who undertake operational support duties including managerial, administrative and trainee positions.

(i)	Operational employees

[14.1.1(b)(i) substituted by PR905693; PR970365 from 24Mar06]

Level	Position Title	Relativity to Metals C20	Safety Net Increases 2002 to 2005	Minimum Salary per annum	Residual Component	Total Award Salary per annum	
					$	$	
1	Calltaker	100%	2002	27313	0	27313	
			2003	28200	0	28200	
			2004	29192	0	29192	
			2005	30079	0	30079	
2	Dispatcher	126.9%	2002	33386	0	33386	
			2003	34273	0	34273	
			2004	35265	0	35265	
			2005	36152	0	36152	
3	Team leader	153.8%	2002	39458	11	39469	
			2003	40241	0	40241	
			2004	41233	0	41233	
			2005	42120	0	42120	

(ii)	Operational support employees

[14.1.1(b)(ii) substituted by PR905693; PR970365 from 24Mar06]

Position Title	Relativity to Metals C20	Safety Net Increases 2002 to 2005	Minimum Salary per annum	Residual component	Total Award Salary per annum	
				$	$	
Trainee officer	66.3%	2002	19488	0	19488	
		2003	20375	0	20375	
		2004	21367	0	21367	
		2005	22254	0	22254	
Operational support officer	88.5%	2002	24562	0	24562	
		2003	25449	0	25449	
		2004	26441	0	26441	
		2005	27328	0	27328	
Manager	142.3%	2002	36811	0	36811	
		2003	37698	0	37698	
		2004	38690	0	38690	
		2005	39577	0	39577	

14.1.1(c)	Residual component

The residual component in the above table represents the component above the identified minimum salary. Individual employees entitled to the total award salary at the time this award was made will not be paid less than that rate. Any future increases in the salaries in the award will only be applied to the minimum salary component and absorbed against the residual component.

14.1.1(d)	Arbitrated safety net adjustment

[14.1.1(d) substituted by PR905693; PR970365 from 24Mar06]

The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review—Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK AND WEEKEND WORK 

15.	HOURS OF WORK

[15 varied by PR954772 ppc 05Jan05]

Employees shall be employed for a total of 2080 normal hours per annum (inclusive of all categories of leave), resulting in a n average of 40 hours work per week.  In order to be able to provide for Employer’s 24 hours a day, seven days per week operation, employees shall work these hours, as appropriate, on a roster as prepared from time to time by the Centre Manager or other responsible manager.

15A.	OVERTIME

[15A inserted by PR970365 from 24Mar06]

15A.1	An employee shall work a reasonable amount of overtime if requested. An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

(a)	any risk to employee health and safety;

(b)	the employee’s personal circumstances including any family responsibilities;

(c)	the needs of the workplace or enterprise;

(d)	the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

(e)	any other relevant matter.

15A.2	An employee recalled to work overtime after leaving work shall be paid a minimum of four (4) hours at overtime rates. Provided that an employee requested to commence a shift early, shall be paid overtime only for the hours worked prior to the normal shift commencement.

15A.3	Time worked in excess of rostered ordinary time hours per shift, and, for full-time employees, in excess of 40 ordinary time hours per week will be paid as overtime.

15A.4	Overtime worked on a public holiday or alternative public holiday in excess of the ordinary rostered hours will be paid at triple ordinary time.

15A.5	An employee may elect to take time off normal rostered duty in lieu of overtime, subject to the following:

(a)	the time off granted would be no more than the actual time worked;

(b)	an employee may take a maximum of two days at a time;

(c)	an employee may bank a maximum of four days/shifts in total; and

(d)	the time off may be taken at a time agreed between the employee and the relevant manager, and must take into consideration operational requirements.

The granting of the time off will not be unreasonably refused.

PART 7 - TYPES OF LEAVE 

16.	PUBLIC HOLIDAYS

[new 16 inserted by PR966485 ppc 15Dec05]

16.1	Prescribed public holidays

16.1.1	An employee other than a shift worker shall be entitled to holidays on the following declared or proclaimed days:

1.	New Year’s Day;	
2.	Australia Day;	
3.	Labour Day;	
4.	Good Friday;	
5.	Easter Saturday;	
6.	Easter Monday;	
7.	Anzac Day;	
8.	Queen’s Birthday;	
9.	Melbourne Cup Day (or alternative day for country based employees);	
10.	Christmas Day; and	
11.	Boxing Day.	

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

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

16.1.4	When New Year’s Day, Australia Day or Anzac day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

16.2	Additional public holidays

Where in the state of Victoria, public holidays are declared or prescribed on days other than those set out in 16.1 above, those days shall constitute additional holidays for the purpose of this award.

16.3	Alternative of public holidays by agreement

By agreement between the employer and a majority of affected employees, an alternative day may be taken as the public holiday in lieu of any of the prescribed days (as detailed in clause 16.1). Any such agreement shall be recorded in writing and be available to every affected employee.

16.4	Entitlements far Shift Workers in relation to Public Holidays and Substitute Public Holidays

[16.4 varied by PR970365 ppc 24Apr06]

A full time shift worker who is rostered off duty on a public holiday, alternative day or a substitute day, shall be entitled to a days salary in respect of that day.

A full time shift worker is entitled to the following payments in relation to public holidays (as listed in clauses 16.1.1 and 16.2) or alternative days (as agreed in accordance with clause 16.3) and substitute days as prescribed in clauses 16.1.2,16.1.3, and 16.1.4.

ROSTERED ON	ROSTERED OFF	PAYMENT	
		PUBLIC HOLIDAY	SUBSTITUTE DAY	
Public Holiday (No Substitute day applicable)		Single time, plus
Public Holiday shift penalty 	N/A	
	Public Holiday (No Substitute day applicable)	A days salary at the single time rate, in lieu of the public holiday
The hours are to be calculated in the same manner as sick leave.	N/A	
Public Holiday and Substitute Day		Single time, plus
Saturday or Sunday shift penalty, whichever day is rostered.
Where Christmas Day (25 December) falls on a Saturday or Sunday, an additional 50%  loading is paid 	Single time, plus
Public Holiday shift penalty
	
	Public Holiday
and
Substitute Day	A days salary at the single time rate, in lieu of the public holiday
The hours are to be calculated in the same manner as sick leave.	N/A	
Public Holiday
	Substitute Day	Single time, plus
Saturday or Sunday shift penalty, whichever day is rostered.
Where Christmas Day (25 December) falls on a Saturday or Sunday, an additional 50% loading is paid	A days salary at the single time rate, in lieu of the public holiday
The hours are to be calculated in the same manner as sick leave.	
Substitute Day	Public Holiday
	A days salary at the single time rate, in lieu of the public holiday
The hours are to be calculated in the same manner as sick leave.	Single time, plus
Afternoon, night or weekend shift penalty, depending on day when work is rostered.	

16.5	Absence when rostered on a public holiday

Employees rostered to work on a public holiday and failing to do so, will not be entitled to public holiday rates for that day.

16.6	Christmas Day

[16.6.substituted by PR970388 ppc 21Mar06]

In addition to the benefits provided for elsewhere in this clause an employee who works on Christmas Day, 25 December, and this day falls on a Saturday or a Sunday, is entitled to receive the weekend penalty payment plus a loading of 50% in addition to the benefit of the Substitute Day.

16.7	Entitlements for part-Time Shift Workers in relation to Public Holidays and Substitute Public Holidays

[16.7 inserted by PR970388 ppc 21Mar06]

Where the normal roster of a part-time employee includes a day which is a holiday, the employee is entitled to receive the public holiday penalty rate for working on the day.

A part-time employee whose normal roster includes a Saturday or Sunday which would be a prescribed holiday but for the substitution of an alternative day is entitled to the following payments in relation to public holidays (as listed in clauses 16.1.1 and 16.1.2) or alternative days (as agreed in accordance with clause 16.3) and substitute days as prescribed in clauses 16.1.2, 16.1.3 and 16.1.4.

ROSTERED ON	ROSTERED OFF	PAYMENT	
		PUBLIC HOLIDAY	SUBSTITUTE DAY	
Public Holiday (No Substitute day applicable)		Single time plus public holiday penalty rate	N/A	
	Public Holiday (no Substitute Day applicable)	N/A	N/A	
Weekend Public Holiday and Substitute Day		Single time plus applicable weekend penalties plus single time for an additional day of equal length, plus:
where Christmas Day (25 December) falls on a Saturday or Sunday an additional 50% loading is paid	Single Ordinary Time rate of pay plus afternoon, night, or weekend shift penalties depending on the day when work is rostered.	
	Public Holiday and Substitute Day	N/A	N/A	
Weekend Public Holiday
	Substitute Day – Monday - Friday	Single time plus applicable weekend penalties plus single time for an additional day of equal length, plus:
where Christmas Day (25 December) falls on a Saturday or Sunday an additional 50% loading is paid	N/A	
Substitute Day	Public Holiday	N/A	Single time plus public holiday penalty rate is paid.	

17.	SHIFT PENALTIES

[17 inserted by PR966485 ppc 15Dec05]

17.1	The following shift penalties apply to ordinary hours actually worked:

SHIFT	DEFINITION	RATE	
Afternoon (Monday to Friday)	1.	A shift commencing after noon where at least half of the shift is worked after 6 pm.

2.	11am to 11pm shift at Tally Ho and Ballarat.	15%	
Night (Except where Saturday, Sunday or Public Holiday rates apply)	1.	Where at least half of the shift is worked after 11pm.

2.	Where an equal number of hours are worked before and after midnight Friday, the Saturday rate applies.	25%	
Saturday	1.	Where at least half of the shift is worked between midnight Friday and midnight Saturday, except that:

2.	Where an equal number of hours are worked before and after midnight Saturday, the Sunday rate applies.	50%	
Sunday

	1	Where at least half of the shift is worked between midnight Saturday and midnight Sunday.

2.	7pm Sunday to 7am Monday shift at the VPC.	100%	
Public Holiday	1.	Where at least half of the shift is performed on the public holiday.

2.	At the VPC, where the shift commences at 7pm on the Public Holiday and concludes at 7am the following day.	150%	

17.2	Shift Penalty Application

17.2.1	Penalties are paid for all the ordinary hours worked in the particular shift.

17.2.3	Penalties are applied to the ordinary hours rate for the shift.

17.2.4	Penalties are not payable during periods of leave.

17.2.5	Penalties are not payable during periods of overtime.

17.2.6	Where a Workplace Trainer, Mentor or other employee is required to change from their normal rostered shift(s) in order to either conduct or participate in ESTA training, and, for the period of that change the amount of shift penalty (or penalties) payable would be less than that which would have been payable had the change not taken place, the employee shall be paid the penalty (or penalties) which would have been paid but for the change.”

18.	ANNUAL LEAVE

[16 renumbered as 18 by PR966485 ppc 15Dec05]

18.1	Employees shall have 160 hours annual leave accrued within every twelve month period commencing from the date of commencement of their employment.

[18.2 renumbered as 18.2.1 by PR969824 ppc 02Feb06]

18.2.1	Employees shall take the leave entitlements within twelve months of the entitlement being credited. Any departure from this practice must be approved by the Centre Manager in writing. Leave will be credited on the anniversary of employee’s commencement date.

18.2.2	Postponement may be agreed

[18.2.2 inserted by PR969824 ppc 02Feb06]

By agreement between the employer and the employee, annual leave may be taken at any time within a period of 24 months from the date at which it falls due.

18.3	In addition to the annual salaries prescribed in clause 14 - Classifications and salary rates, employees shall be paid an annual leave loading of 17.5%.

[18.4 inserted by PR969824 ppc 02Feb06]

18.4	Notwithstanding the provisions of this clause, an employee may elect, with the consent of the employer, to take annual leave in single periods not exceeding ten days in any calendar year at a time or times agreed between them.

19.	BEREAVEMENT LEAVE

[19 inserted by PR969824 ppc 02Feb06]

19.1	An employee shall be entitled to up to three consecutive days/shifts paid leave on each occasion and on production of satisfactory evidence of the death of:

19.1.1	a member of the employee's immediate family; or

19.1.2	a member of the employee's household, where the employee has had a relationship of care of the person concerned.

19.2	The term "immediate family" includes:

19.2.1	a spouse (including a de facto spouse and same sex partner) of the employee; and

19.2.2	a child or an adult child (including an adopted child, a stepchild or an ex-nuptial child), parent (including step parent), full time guardian, grandparent, grandchild or sibling of the employee, or the employees spouse.

19.3	An employee may take unpaid bereavement leave by agreement with the employer.

20.	PARENTAL LEAVE

[20 inserted by PR969824 ppc 02Feb06]

Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

The provisions of this clause apply to full-time, part-time and eligible casual employees, but do not apply to other casual employees.

An eligible casual employee means a casual employee:

(a)	employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and

(b)	who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.

For the purposes of this clause, continuous service is work for an employer on a regular and systematic basis (including any period of authorised leave or absence).

An employer must not fail to re-engage a casual employee because:

(a)	the employee or employee’s spouse is pregnant; or

(b)	the employee is or has been immediately absent on parental leave.

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

20.1	Definitions

20.1.1	For the purposes of this clause child means a child of the employee under school age, or a person under school age 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.

20.1.2	Subject to clause 20.1.3 hereof, in this clause, spouse includes a de facto or former spouse.

20.1.3	In relation to clause 20.7 hereof, spouse includes a de facto spouse but does not include a former spouse.

20.2	Basic entitlement

20.2.1	After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

20.2.2	Subject to 20.5.6 hereof, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

20.2.2(a)	for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;

20.2.2(b)	for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

20.3	Variation of parental leave

Where an employee takes leave under clause 20.2.1 or 20.4.1(b), unless otherwise agreed between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified as soon as possible but no less than four weeks prior to the commencement of the changed arrangements. Nothing in this clause detracts from the basic entitlement in clause 20.2 or the right to request in clause 20.4.

20.4	Right to request

20.4.1	An employee entitled to parental leave pursuant to the provisions of clause 20.2 may request the employer to allow the employee:

20.4.1(a)	to extend the period of simultaneous unpaid parental leave provided for in clauses 20.2.2(a) and 20.2.2(b) up to a maximum of eight weeks;

20.4.1(b)	to extend the period of unpaid parental leave provided for in clause 20.2.1 by a further continuous period of leave not exceeding 12 months;

20.4.1(c)	to return from a period of parental leave on a part-time basis until the child reaches school age;

to assist the employee in reconciling work and parental responsibilities.

20.4.2	The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

20.4.3	Employee’s request and employer’s decision to be in writing

The employee’s request and the employer’s decision made under clauses 20.4.1(b) and 20.4.1(c) must be recorded in writing.

20.4.4	Request to return to work part-time

Where an employee wishes to make a request under clause 20.4.1(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

20.5	Maternity leave

20.5.1	An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

20.5.1(a)	of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) – at least ten weeks;

20.5.1(b)	of the date on which the employee proposes to commence maternity leave and the period of leave to be taken – at least four weeks.

20.5.2	When the employee gives notice under 20.5.1(a) hereof the employee must also provide 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.

20.5.3	An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

20.5.4	Subject to clause 20.2.1 hereof and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

20.5.5	Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

20.5.6	Special maternity leave

20.5.6(a)	Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

20.5.6(b)	Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.

20.5.6(c)	Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

20.5.7	Where leave is granted under clause 20.5.4 hereof, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

20.6	Paternity leave

20.6.1	An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:

20.6.1(a	 a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and

20.6.1(b)	written notification of the dates on which he proposes to start and finish the period of paternity leave; and

20.6.1(c)	except in relation to leave taken simultaneously with the child’s mother under clauses 20.2.2(a), 20.2.2(b) and 20.4.1(a), a statutory declaration stating:

20.6.1(c)(i)	he will take that period of paternity leave to become the primary care-giver of a child;

20.6.1(c)(ii)	particulars of any period of maternity leave sought or taken by his spouse; and

20.6.1(c)(iii)	that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

20.6.2	The employee will not be in breach of clause 20.6.1 hereof if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

20.7	Adoption leave

20.7.1	The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

20.7.2	Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

20.7.2(a)	the employee is seeking adoption leave to become the primary care-giver of the child;

20.7.2(b)	particulars of any period of adoption leave sought or taken by the employee’s spouse; and

20.7.2(c)	that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

20.7.3	An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

20.7.4	Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.

20.7.5	An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

20.7.6	An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

20.8	Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks or a longer period as agreed under clause 20.4.

20.9	Transfer to a safe job

20.9.1	Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

20.9.2	If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

20.10	Returning to work after a period of parental leave

20.10.1	An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

20.10.2	An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to clause 20.9, the employee will be entitled to return to the position they held immediately before such transfer.

20.10.3	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 will be entitled to a position as nearly comparable in status and pay to that of their former position.

20.11	Replacement employees

20.11.1	A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

20.11.2	Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

20.12	Communication during parental leave

20.12.1	Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

20.12.1(a)	make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

20.12.1(b)	provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

20.12.2	The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

20.12.3	The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with 20.12.1.

21.	PERSONAL / CARER'S LEAVE

[21 inserted by PR969824 ppc 02Feb06]

21.1	An employee, other than a casual employee, with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use, in accordance with this sub-clause, any sick leave entitlement which accrues after the date of this order for absences to provide care and support for such persons when they are ill or who requires care due to an unexpected emergency. The entitlements of casual employees are set out in clause 13.2.

21.2	The term "immediate family" includes:

22.2.1	a spouse (including a de facto spouse and same sex partner) of the employee; and

22.2.2	a child or an adult child (including an adopted child, a stepchild or an ex-nuptial child), parent (including step parent), full time guardian, grandparent, grandchild or sibling of the employee.

21.3.1	The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.

21.3.2	When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

21.4	In normal circumstances an employee shall not take carer's leave under this clause where another person has taken leave to care for the same person.

21.5	Personal / carer's leave may be taken for part of a single day/shift.

21.6	The employee will, wherever practicable, give the employer notice prior to the absence of:

•	the intention to take leave;
•	the name of the person requiring care and their relationship to the employee;
•	the reasons for taking such leave; and
•	the estimated length of absence.

If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone of such absence at the first opportunity on the day of absence.

21.7	Unpaid leave for family purpose

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family member who is ill. The employer and employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days per occasion, provided the requirements in 21.3(a) and 21.3(b) are met.

22.	SICK LEAVE

[22 inserted by PR969824 ppc 02Feb06]

22.1	For reasons of personal illness, incapacity or injury:

22.1.1	a full-time employee shall be entitled to 91.2 hours sick leave per year.

22.1.2	in the first year of employment, sick leave will accrue and be credited on a pro-rata basis from commencement of employment. In the second and subsequent years, full time employees will be credited with their full entitlements on the anniversary of their commencement.

22.1.3	only 34.2 hours paid sick leave without a medical certificate will be allowed in any 12 months period. This is not cumulative.

22.1.4	for all other absences due to illness or injury, the employee shall provide a medical certificate from a duly qualified medical practitioner (ie Doctor of Medicine, Dentist, Podiatrist, Optometrist, Psychologist, Physiotherapist or Chiropractor).

22.1.5	unused sick leave shall be cumulative.

22.1.6	entitlements to sick leave are not subject to a cash payment on termination.

ROPING-IN AWARD NO.1 OF 2004

[Roping-in Award No.1 of 2004 inserted by PR954560 ppc 21Dec04]

1.	TITLE

This award shall be known as the Intergraph Enterprise Award 2001 Roping-in No. 1 Award of 2004

2.	ARRANGEMENT

1.	Award Title
2.	Arrangement
3.	Application
4.	Parties Bound
5.	Operative Date

3.	APPLICATION

The provisions of this award shall be those of the Intergraph Enterprise Award 2001 (the award) as varied from time to time.

4.	PARTIES BOUND

This award will be binding upon the Australian Municipal, Administrative, Clerical and Services Union (the Union), its officers and members and Emergency Communications Victoria in respect of their employees whether members of the Union or not.

5.	OPERATIVE DATE

This award shall come into force from the beginning of the first full pay period commencing on or after 21 December 2004 and shall remain in force for six months.

** end of text **