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1.5 Objectives of the Agreement
(1) To establish traincrew management and operational practices which will enable Queensland Rail and its employees to satisfy legislative requirements as a Government Owned Corporation and to meet the challenges of a competitive rail industry through the adoption of a commercial traincrew culture which delivers the productivity and efficiency measures contained in this Agreement.
(2) To record the commitment of the parties to implement work practice changes, methods of rostering and local work arrangements which reflect, foremost, Queensland Rail’s operational requirements to ensure competitiveness, efficiency and quality services to customers and improve the social and work conditions of employees.
(3) To record the parties commitment to a process of continuing improvement and delivery of quality service to internal and external customers by meeting defined service standards. This includes the commitment to quality improvement and endeavour to achieve Best Practice where this is a commercial objective.
(4) This Agreement will not inhibit the parties progressing or commencing additional programs of organisational and/or structural change within the framework of this Agreement or QR’s Enterprise Agreement. Such improvements will be recognised and any fundamental changes to the nature of work will be remunerated accordingly.
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2.1 Aggregate Wage
(1) All traincrew will be paid an aggregate wage in accordance with schedule 1 of this Agreement.
The aggregate wage will consist of an aggregate base rate of pay and an aggregate allowance, paid fortnightly.
To receive the full amount of the aggregate wage, traincrew are obliged to be available to work 320 hours over an eight (8) week cycle. (The work cycle is formulated on the 38 hour week concept contained in the Railway Award State and a component for 16 additional hours over the work cycle.
Where there is a future fundamental change in the duties of traincrew in a depot there will be a review of the relevant categories applying to traincrew working in the depot.
(2) Refusal of Duty - Traincrew employees who refuse to accept workings will have their guaranteed cycle hours reduced by the extent of the rostered shift which they have declined to work other than where exempted in accordance with the traincrew Roster Code of Practice and Queensland Rail’s Drug and Alcohol Policy.
The deduction in payment will occur within the fortnightly pay period in which the shift of duty is refused. If employees are able to make up deducted hours or part thereof during the workcycle, payment for such hours will be made at the end of the workcycle.
(3) Excess Time - Traincrew will work a reasonable amount of excess time during the work cycle, where required.
(4) Industrial Action -
(a) Traincrew employees who participate in industrial action will have their guaranteed cycle hours reduced eight (8) hours in each 24 hour period affected by the stoppage.
The deduction in payment will occur within the fortnightly pay period in which the industrial action occurs. If employees are able to make up deducted hours or part thereof during the workcycle, payment for such hours will be made at the end of the workcycle.
(b) In situations where traincrew take a train to its destination in accordance with the terms of clause 5.2(1)(c)(ii) "Guaranteed Destination" provisions of the Grievance and Dispute Settlement Procedures as outlined in Queensland Rail’s Enterprise Agreement 1994, Queensland Rail will return the employees to their home depot.
(c) In situations where traincrew take a train to its destination in accordance with the terms of clause 5.2(1)(c)(ii) "Guaranteed Destination" provisions of the Grievance and Dispute Settlement Procedures as outlined in Queensland Rail’s Enterprise Agreement 1994, such traincrews will not have their cycle hours reduced in that 24 hour period.
(5) Spare Travel - All spare travel time will be treated as time worked for payment purposes and credited to the employees’ work cycle time, but does not count as part of a shift of duty, except where specified in the roster code of practice.
Where the time interval between the working shift and the spare travel is one hour or less, such time will be credited to work cycle time.
(6) Training - Traincrew employees undertaking training will have all actual time spent training accredited to their work cycle. Actual travel time to a maximum of 8 hours in 24 hours to and from course will be treated as time worked for payment purposes and credited to the employees work cycle, but does not count as a shift of duty.
(7) Time Off in a Home Depot - The period of time between signing off and signing on of traincrews at their home depot will not be less than 12 hours.
(8) Consultative Meetings - Where nominated workplace representatives are to be involved in consultative meetings with Queensland Rail, they may mutually agree with the relevant responsible manager to attend with less than the prescribed time interval off duty before the meeting or to sign on for duty after the meeting with less than the prescribed break before signing on duty. Where agreement cannot be reached, the shift interval prescribed in sub clause 2.1(7) will apply.
Workplace representatives who attend consultative meetings will be credited with minimum of four (4) hours to cycle time and instances where these meetings exceed four (4) hours, representatives will be credited with eight (8) hours to cycle time. In instances where consultative meetings exceed eight (8) hours, the workplace representative will be credited for actual time at the meeting. Time spent at consultative meetings will be paid at the rate applicable for the day.
(9) Employee Management System - Traincrew employees who are excluded from traincrewing duties in accordance with EMS procedures in the Employee Relations Policy Manual will be paid the aggregate base rate only for the period of the exclusion.
In situations of exoneration the employee will be reimbursed to the total aggregate wage from the date of exclusion.
(10) Work Restrictions on Medical Grounds - The following provisions will apply to traincrew employees who are not capable of performing their full depot duties due to a permanent medical disability:
Traincrew will be paid the aggregate rate and aggregate allowance commensurate with the range of duties they are capable of performing.
Drivers in a mainline DOO depot who cannot perform DOO but can perform other mainline driving will be paid at one full category allowance below their relevant depot category, eg category 4 to category 3.
(11) Work Restrictions on Compassionate Grounds/Short Term Medical Disability - Where it is approved that a traincrew employee is not able to perform full depot duties for compassionate reasons or short term medical disability, they will retain their current total aggregate wage for a period of three (3) months. Periods which exceed three (3) months will be reviewed on a case by case basis to determine the aggregate wage to be paid to the employee for periods exceeding three (3) months. This determination will be made in consultation with state union officers and be referred to the Traincrew Agreement Implementation Committee.
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2.2 Excess Time
(1) Payment for Working Excess Time - Time in excess of 320 hours or 45 shifts each work cycle is to be paid at the aggregate wage hourly rate plus an additional payment of 50% of the aggregate base hourly rate for all such time worked. This payment for excess time will be paid at the end of each work cycle.
(2) Payment for Working 1 January, 25 December and Liesure Periods - Employees who work on 1 January or 25 December as nominated in sub clause 3.1(2) or on nominated Block Leisure Periods (BLPs) or Single Leisure Periods (SLPs) in accordance with the provisions of the Roster Code of Practice, will have all time worked credited to the work cycle and receive an additional payment of 50% of the aggregate base hourly rate for all such time worked.
Payment of the 50% additional payment will be made to the employee at the end of the fortnightly pay period in which the work is performed.
(3) Payment for Working Labour Day Public Holiday - Employees who work the Labour day Public Holiday in accordance with the provisions of the Roster Code of Practice, will have all time worked credited to the work cycle and receive an additional payment of 150% of the aggregate base hourly rate for all such time worked.
Payment of the 150% additional payment will be made to the employee at the end of the fortnightly pay period in which the work is performed.
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2.5 Payment on Approved Leave
(1) Annual Leave - Traincrew employees covered by this agreement will receive payment for annual leave at the aggregate wage of the depot they are working when leave is commenced.
(2) Sick Leave - Traincrew employees covered by this agreement will receive payment for sick leave at the aggregate base rate.
(3) Long Service Leave - Traincrew employees covered by this agreement will receive payment for long service leave at the aggregate base rate.
(4) Retiring Allowance - Traincrew employees covered by this agreement and who are entitled to retiring allowance will receive payment at the aggregate base rate.
(5) Trauma Leave - Traincrew employees covered by this agreement will receive payment for trauma leave at the aggregate wage of the depot they are working when leave is commenced.
(6) Crown Witness - Traincrew employees covered by this agreement will receive payment for leave as a crown witness at the aggregate wage of the depot they are working in when leave is commenced.
(7) Other Paid Leave Types - Traincrew employees covered by this agreement will receive payment for all other paid leave types at the aggregate base rate.
(8) Applications of Leave - Employee entitlement and application of the above leave types will be in accordance with the relevant policy and/or award provisions.
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2.8 Alterations to Rostered Sign On Time After Posting of Roster
(1) The rostered sign on time of traincrew can be altered either earlier or later to a maximum of three (3) times (inclusive of cancelled shifts/trains) except in the case of emergency as defined in the Roster Code of Practice.
(2) The alteration of the original sign on time to an earlier time will be limited to a maximum of two (2) hours unless agreed otherwise.
(3) Where the sign on time of traincrew is altered to an earlier time, they will be credited with 50% of the altered time to their work cycle.
(4) Where the original sign on time of traincrew is altered to a later time, they will be credited with all time up to two (2) hours and 50% of the time greater than two (2) hours to their work cycle.
(5) Any credit to the work cycle as a consequence of this provision due to altered sign on time will not inhibit the obligation of traincrew to be available to work 320 hours each work cycle.