DP World Brisbane Pty Ltd

Case •

[2013] FWCA 8394

•

30 OCTOBER 2013

No judgment structure available for this case.

[2013] FWCA 8394

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

DP World Brisbane Pty Ltd
(AG2013/10865)

DP WORLD BRISBANE ENTERPRISE AGREEMENT 2011

Stevedoring industry

COMMISSIONER SIMPSON

BRISBANE, 30 OCTOBER 2013

Application for approval of the variation of the DP World Brisbane Enterprise Agreement 2011.

[1] An application has been made to vary an enterprise agreement known as the DP World Brisbane Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by DP World Brisbane Pty Ltd.

[2] The variation can be found as an Attachment to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 30 October 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE894187  PR543774>

PART B – DP WORLD BRISBANE

1.0 HOURS OF WORK

1.1 General Operations Roster

1.1.1 Hours 32.5 hours per week

1.1.2 Shift Times

Night shift 2300 – 0700 (commences day prior)
Day shift 0700 - 1500
Evening shift 1500 – 2300

In addition to clause 1.8 Part B of this Agreement, shift commencement and finishing times may otherwise be varied by agreement.

1.1.3 Where an employee is rostered D/E in week five (5) the Company will allocate the employee to the first designated shift i.e. day for D/E in their primary role. The same applies in week 6 for E/D where the first designated shift is E. In the event that the employee is surplus in their primary skill they may be allocated to the alternate shift (D for E/D or E for D/E) in their primary skill.

In all circumstances a FSE in week 7 of their roster, will not displace a FSE in week 5/6 in their primary role. This clause does not apply to employees working N/E in week 3.

1.2 Arrangements for Weekend shifts

1.2.1 Subject to clauses 1.2.6, 1.2.7 an employee must work 29 weekend shifts per annum (excluding any weekend overtime shifts worked).

1.2.2 Subject to clause 1.2.7, an Employee may work:

    a) 6 weekend shifts in one (1) 8 week roster cycle per annum; and

    a) 3 weekend shifts in one (1) 8 week roster cycle per annum.

1.2.3 Except in clause 1.2.2 above, an employee must work 4 or 5 week-end shifts per 8 week cycle to ensure an even spread of week-end shifts across the annual cycles.

1.2.4 The allocation of weekend shifts shall apply in the following order:

    a) Employees rostered I/OFF week 3;
    b) Employees who have worked the least number of total weekend shifts in the year, subject to any minimum or maximum number of shifts to be worked in a roster cycle and subject to availability;
    c) Application of the V/OT/HRS during the weekend in week 4 shall be voluntary.

1.2.5 I/OFF shift on Saturday Week 3

    a) This shift will default to nightshift (first shift Saturday). If nightshift is not required to be worked, an Employee will be deemed “OFF”, unless the employee advises the Company (through the normal procedures for notification of weekend availability) that she/he is available to work the following:

      (i) Day and Evening shift (and the Company will determine which shift the employee is allocated to); or
      (ii) Day or Evening shift at the employee’s election. In these circumstances, the employee will use the one partial scratching.

    b) Any shift worked by an employee on Saturday week 3 (N, D or E) based on the provisions above shall count towards the 29 weekend shifts required to be worked by each employee and will not attract any additional payment.

1.2.6 2013/2014 weekend shift requirements

    The below table shall be applied when calculating the required number of weekend shifts to be completed by an FSE working the General Operations roster whose employment ceases as a result of redundancy.

Week

Weekend commencing

Weekend shifts to be completed

Week

Weekend commencing

Weekend shifts to be completed

1

06-Jul-13

1

27

04-Jan-14

15

2

13-Jul-13

1

28

11-Jan-14

16

3

20-Jul-13

2

29

18-Jan-14

16

4

27-Jul-13

2

30

25-Jan-14

17

5

03-Aug-13

3

31

01-Feb-14

17

6

10-Aug-13

3

32

08-Feb-14

18

7

17-Aug-13

4

33

15-Feb-14

18

8

24-Aug-13

4

34

22-Feb-14

19

9

31-Aug-13

5

35

01-Mar-14

20

10

07-Sep-13

6

36

08-Mar-14

20

11

14-Sep-13

6

37

15-Mar-14

21

12

21-Sep-13

7

38

22-Mar-14

21

13

28-Sep-13

7

39

29-Mar-14

22

14

05-Oct-13

8

40

05-Apr-14

22

15

12-Oct-13

8

41

12-Apr-14

23

16

19-Oct-13

9

42

19-Apr-14

23

17

26-Oct-13

9

43

26-Apr-14

24

18

02-Nov-13

10

44

03-May-14

25

19

09-Nov-13

11

45

10-May-14

25

20

16-Nov-13

11

46

17-May-14

26

21

23-Nov-13

12

47

24-May-14

26

22

30-Nov-13

12

48

31-May-14

27

23

07-Dec-13

13

49

07-Jun-14

27

24

14-Dec-13

13

50

14-Jun-14

28

25

21-Dec-13

14

51

21-Jun-14

28

26

28-Dec-13

15

52

28-Jun-14

29

    a) An employee who has worked weekends in advance of this table at the date of a redundancy taking effect shall have only those additional shifts paid as overtime in their final payment.
    b) An employee who is in arrears of this table on the date of a redundancy taking effect shall have the value of the difference between actual and required deducted from their final payment.

1.2.7 Overtime on Weekend Shifts

    a) An employee must work a minimum of 4 counted weekend shifts per cycle prior to being available for allocation to perform overtime.

    b) An employee may work weekend shifts in addition to the maximum number of shifts prescribed in subclauses 1.2.1, 1.2.3 and 1.2.4, on a voluntary basis. Additional weekend shifts may be worked to meet operational requirements after all other skills have been deployed (contingent on the completion of the cycle and/or annual weekend shifts) and shall be paid at the applicable shift premium rate in accordance with clause 19.1.(c) of the Award. During the weekend component of week 4, employees will be considered rostered off unless they advise that they are available for allocation and these shifts will not count towards the annual 29 week-end shifts to be worked.

1.3 Annual Cancelled Shifts

1.3.1 The Company can cancel each employee on 15 shifts per annum (subject to the relevant provisions below).

1.3.2 These 15 shifts do not have a hourly value attributed to them.

1.3.3 The 15 cancelled shifts per annum are available to be used between the period commencing on the first Monday in July every year and 12 months after that date. In the event that the 15 cancelled shifts are not used in the 12 months, they will be carried over to the next financial year.

1.3.4 Cancelled shifts are not applicable to Closed Port Days and Public Holidays consistent with clauses 1.21 and 1.22 below.

1.3.5 An employee will not be cancelled as part of their 15 annual cancelled shifts in circumstances where:

    a) There is a requirement for an operational task for an employee at grade 6, 5, 4 Multi or 3 for which they maintain the appropriate skill;
    b) The employee is absent on Workers Compensation, irrespective of whether totally/partially incapacitated;
    c) The employee is absent on a period of long term illness i.e. greater than 4 weeks and the absence is supported by a medical certificate.

1.3.6 In the event that there is not a requirement for all rostered FSE’s, the employee with the least number of cancelled shifts applied as at that date, shall be the first employee cancelled. However if an employee with the least cancellations is required to be allocated as they possess a key skill they may be utilised.

1.4 Pay Back Hours (PBH)

1.4.1 Once an Employee has been cancelled on 15 occasions in the year, the Company may cancel the employee on further shifts in accordance with this Agreement. Such cancellations will convert to PBH.

1.4.2 The value of cancelled shift under PBH shall be attributed the following hours in accordance with the following table:

1.4.3 Where the Company has cancelled an employee and the employee could otherwise have been allocated to a shift and the Company elects to retain the employee (i.e. to be idled up to night shift/ utilise their skill on an alternative shift), the value of PBH shall be eight (8) hours irrespective of the shift cancelled.

1.4.4 Employees shall be engaged in the following order:

    a) FSE’s allocated as per Roster, this includes the annual minimum weekend shift arrangements;
    b) FSE to be allocated to PBH that is the employee with the highest PBH balance will be the first employee allocated subject to skills and grade at the Company’s discretion. The Company will not compel an employee to work a shift in week 4 where their PBH balance is less than 8 hours. Where the PBH balance is more than 8 hours an employee may be allocated to any shift to exhaust the PBH;
    c) VSE’s;
    d) FSE’s accruing Bank hours (only where the employee’s Bank does not exceed 86 hours);
    e) Supplementaries;
    f) FSE’s for overtime or Bank hours (where the employee’s Bank is in excess of 86 hours). An employee must nominate in advance whether they want to work Bank hours or overtime. In the event that the employee does not nominate in advance the allocation will default to overtime.

1.4.5 In the event that the Company requires additional labour they will allocate the employee with the highest PBH debit balance, this is subject to the employee maintaining the relevant skills.

1.4.6 PBH shall be repaid in accordance with the table below at 1.5.2.

1.4.7 FSE’s with a PBH debit balance must be available for allocation all days/shifts Monday to Friday in Week 4.

1.4.8 In the event that an employee has greater than 50 PBH outstanding, the Company can compel the FSE to work PBH on weekend shifts in weeks 6 and 7. In this instance a FSE may not exercise any scratching whether full or partial.

1.4.9 Where a FSE has a balance of greater than 50 hours outstanding, they shall be allocated in such a manner where possible to exhaust the PBH balance to the maximum extent, for example being allocated to both Saturday and Sunday shifts subject to business requirements except in circumstances where this method of allocation would render a work unit inoperable.

1.4.10 Where the Company allocates an employee who owes PBH to a shift and the Employee calls in sick, the employee:

    a) Will not have any PBH deducted;
    b) Will have a sick leave absence recorded however no sick leave hours will be debited against the employee’s sick leave entitlements;
    c) Any sick leave absence will be monitored in accordance with Appendix 1. This paragraph does not alter the operation of Appendix 1.

1.4.11 Employees who are absent on Long Service Leave that encompass either side of week 4 cannot work overtime in week 4.

1.5 Bank Hours – FSE’s

1.5.1 From the commencement of the first Monday in July each year, a FSE may establish or continue a bank of hours to offset future PBH.

1.5.2 Where an employee works in advance, the value of the shift worked shall be converted to Bank Hours in accordance with the following table:

1.5.3 Employees may volunteer to work additional shifts in week 4 or on weekends (in accordance with weekend shift arrangements) as overtime or Bank hours but only if the employee does not owe PBH.

1.5.4 At the completion of the financial year:

    a) Any PBH or Banked hours balance whether debit or credit will be carried over to the next financial year;
    b) Any remaining annual cancellations not utilised from the 15 that do not occur in the 12 month period will be carried over to the next financial year;
    c) Bank hours accrued in advance cannot be paid out except where the employment relationship ends;
    d) The Company will conduct ongoing reviews of the roster arrangements. Should the roster not meet business requirements it will be capable of being changed in accordance with Clause 22.5 Part A;
    e) Should the collective PBH of all employees reach 4000 hours at any time this will immediately trigger a review.

1.5.5 Annual Cancelled shifts, PBH and Bank hours will be monitored and be included as a standard agenda item at monthly ERC meetings.

1.5.6 Annual leave shall be taken in accordance with the requirements of clause 15.5 Part A. An employee who has approved leave in the weeks either side of week 4 and wishes to avoid being compelled in week 4 must establish a Bank hours balance in excess of 50 hours at the commencement of that cycle to avoid being required to work in week 4.

1.6 Overtime in Week 4

1.6.1 FSE’s who advise their availability to perform overtime shall only be allocated after the following has been considered:

    a) The employee must have completed their annual weekend shift minimum (nominally 4 per cycle);
    b) -Available FSE’s have been allocated who are working their required annual weekend shifts;
    c) FSE’s are allocated who owe PBH;
    d) All available Irregularly engaged employees have been allocated (unless the requirement is due to skill shortage);
    e) Unless allocation is related to skills, the FSE who is available for the three shifts in the 24 hour period shall receive priority allocation;
    f) In all other circumstances allocation shall be on the basis of the FSE with the lowest overtime count;
    g) FSE’s full or partial shift availability for overtime does not count towards the yearly maximum weekend shift scratchings;
    h) Servicemen who volunteer for overtime will have preference to the workshop ahead of Operations;
    i) Operational employees will have preference for overtime in Operations ahead of Servicemen;
    j) An FSE will be allocated to any task that they are trained to perform but will be paid at their grade or the upgraded rate;
    k) If an employee wishes to make themself available for overtime this should be notified through the Allocations department or allocations system;
    l) Employees who are absent on long service leave that encompass either side of week 4 cannot work overtime in week 4.

1.7 Long service leave

Long service leave taken by an employee in blocks of at least 4 consecutive weeks shall reduce the number of weekend shifts to be worked per annum by 0.617 for each week taken.

Long Service leave taken in blocks of less than 4 consecutive weeks shall not reduce the number of weekend shifts to be worked per annum.

Applications for Long Service Leave for blocks of 2 weeks or more will be given priority ahead of annual leave provided the Long Service Leave application is made at the time of the total annual leave program being formulated. The intent of this clause is to operate in line with clause 15.5 Part A.

1.8 Long term illness

An employee who is absent due to a non-work related illness or injury for at least 4 consecutive weeks shall have the number of weekend shifts to be worked per annum reduced by 0.617 for each week of absence. Any reduction of weekend shifts shall be subject to the employee providing the Company with a qualified medical practitioner’s certificate(s) in support of the total period of absence(s). No reduction of weekend shifts to be worked per annum shall be made for absence due to illness or injury which is less than 4 consecutive weeks.

1.9 Workers compensation

Where an employee is totally incapacitated, the number of weekend shifts to be worked per annum shall be reduced by 0.617 for each week of total incapacitation. Any part shifts resulting from the operation of subclauses 1.2.8, 1.2.9 and to 1.2.10 shall be determined in accordance with the table below for the revised number of weekend shifts to be worked per annum.

In conjunction with the provisions outlined in Clause 1.2 of this Agreement, guidelines for the administration of the weekend shift arrangements/allocation have been agreed between the parties. These guidelines may be adjusted from time to time by agreement provided that such guidelines shall not be inconsistent with the terms set out in this Agreement.

1.10 Cargo care roster

1.10.1 Average 35 hours per week

1.10.2 Shift times

Night shift 2300 – 0700 (commences day prior)
Day shift 0700 - 1500
Evening shift 1500 – 2300

In addition to clause 1.8 Part B of this Agreement, shift commencement and finishing times may otherwise be varied by agreement.

1.10.3 Overtime

FSE’s who advise their availability to perform overtime shall only be allocated after the following has been considered:

    a) The employee must have completed their annual weekend shift minimum (nominally 4 per cycle);
    b) Available FSE’s have been allocated who are working their required annual weekend shifts;
    c) Available Irregularly engaged employees have been allocated (unless the requirement is due to skill shortage);
    d) Unless allocation is related to skills, the FSE who is available for the three shifts in the 24 hour period shall receive priority allocation;
    e) In all other circumstances allocation shall be on the basis of the FSE with the lowest overtime count;
    f) FSE’s full or partial shift availability for overtime does not count towards the yearly maximum weekend shift scratchings;
    g) Servicemen who volunteer for overtime will have preference to the workshop ahead of Operations;
    h) Operational employees will have preference for overtime in Operations ahead of Servicemen;
    i) A FSE will be allocated to any task that they are trained to perform but will be paid at their grade or the upgraded rate;
    j) If an employee wishes to make themself available for overtime this should be notified through the Allocations department or allocations system;
    k) Employees who are absent on long service leave that encompass either side of week 4 and 8 cannot work overtime in week 4 and week 8.

1.10.4 Arrangements for weekend shifts

Subject to clause 1.10.3, an employee may work:

    a) 6 weekend shifts in one (1) roster cycle per annum; and
    b) 3 weekend shifts in 1 roster cycle per annum.

1.10.5 Except in clause 1.10.4 above, an employee must work 4 or 5 weekend shifts per cycle to ensure an even spread of week-end shifts across the annual cycles.

1.10.6 The allocation of weekend shifts shall apply in the following order:

    a) Employees rostered I/OFF week 3;
    b) Employees who have worked the least number of total weekend shifts in the year, subject to any minimum or maximum number of shifts to be worked in a roster cycle and subject to availability;
    c) Application of the OFF/OT during the week-end in (week 4) shall be voluntary O/T only

1.10.7 I/OFF shift on Saturday Week 3

    a) This shift will default to nightshift (first shift Saturday) required to be worked by an employee, as determined by the Company. If nightshift is not required to be worked, an employee will be deemed “OFF”, unless the employee advises the Company (through the normal procedures for notification of weekend availability) that s/he is available to work the following:

      (i) Day and Evening shift (and the Company will determine which shift the employee is allocated to); or
      (ii) Day or Evening shift at the employee’s election. In these circumstances, the employee will use one partial scratching.

    b) Any shift worked by an employee(s) on Saturday Week 3 (N, D or E) based on the provisions above shall count towards the 29 weekend shifts required to be worked by each employee and will not attract any additional payment.

1.10.8 Overtime on weekend shifts

    a) An employee must work a minimum of 3 counted weekend shifts prior to being available for allocation to overtime;
    b) An employee may work weekend shifts in addition to the maximum number of shifts prescribed in subclauses 1.10.6 and 1.10.7, on a voluntary basis. Such shifts may be worked to meet operational requirements after all other skills have been deployed (contingent on the completion of the cycle and/or annual weekend shifts) and shall be paid at the applicable shift premium rate in accordance with clause 19.1.(c) of the Award. On week 4, weekend employees will be off roster unless they advise that they are available for allocation and these shifts will not count towards the annual 29 weekend shifts to be worked.

1.10.9 Long service leave

Long service leave taken by an employee in blocks of at least 4 consecutive weeks shall reduce the number of weekend shifts to be worked per annum by 0.617 for each week taken.

Long Service leave taken in blocks of less than 4 consecutive weeks shall not reduce the number of weekend shifts to be worked per annum.

Applications for Long Service Leave for blocks of 2 weeks or more will be given priority ahead of annual leave provided the Long Service Leave application is made at the time of the total annual leave program being formulated. The intent of this clause is to operate in line with clause 15.5 Part A

1.10.10 Long term illness

Employee who is absent due to a non-work related illness or injury for at least 4 consecutive weeks shall have the number of weekend shifts to be worked per annum reduced by 0.617 for each week of absence. Any reduction of weekend shifts shall be subject to the employee providing the Company with a qualified medical practitioner’s certificate(s) in support of the total period of absence(s). No reduction of weekend shifts to be worked per annum shall be made for absence due to illness or injury which is less than 4 consecutive weeks.

1.10.11 Workers compensation

Where an employee is totally incapacitated, the number of weekend shifts to be worked per annum shall be reduced by 0.617 for each week of total incapacitation. Any part shifts resulting from the operation of subclauses 1.3.11, 1.3.12 and 1.3.13 shall be determined in accordance with the table below for the revised number of weekend shifts to be worked per annum.

1.10.12 In conjunction with the provisions outlined in Clause 1.3 of this Agreement, guidelines for the administration of the weekend shift arrangements/allocation have been agreed between the parties. These guidelines may be adjusted from time to time by agreement provided that such guidelines shall not be inconsistent with the terms set out in this Agreement.

1.11 Yard Foreman’s Roster

1.11.1 Hours

Average 40.2 hours per week.

1.11.2 Shift times

    Monday to Friday 8.5 hour shift worked between 0700 – 1700.

1.11.3 Shift commencement times may be varied to meet operational requirements.

Arrangements for weekend shifts

1.11.4 An employee must work a minimum of 3 weekend shifts at 8 hours (Day, Evening or Night) in any cycle

1.11.5 An employee may work weekend shifts in addition to the number of shifts prescribed in sub clause 1.11.4, on a voluntary basis. Such shifts shall be paid at the applicable shift premium rate in accordance with clause 19.1 (c) 3 of the Stevedoring Award.

1.12 General Maintenance Roster

1.12.1 Hours

An average 42 hours per week.

1.12.2 Shift times

The following standard shift commencement and finish times will apply, other than where shift commencement times are altered in accordance with this Agreement.

Night shift 1800 - 0600
Day shift 0600 - 1800

1.13 Day Maintenance Roster 12-Hour Shifts

1.13.1 Hours

Average 42 hours per week.

1.13.2 Shift times

Monday – Sunday, a maximum of 4 x 12 hour shifts, as nominated by management, to be worked 0600 - 1800 Monday to Sunday:

1.13.3 A maximum of 1 weekend shift must be worked per 8 week cycle, any additional weekend shifts worked will be paid as overtime.

1.13.4 Day roster employee’s meal break times maybe staggered with the Maintenance roster employee’s meal breaks to provide continuous cover.

1.14 Servicemen / Trades Assistants, Day / Evening Roster

1.14.1 Hours

Average 38 hours per week.

1.14.2 Shift times

The following standard shift commencement and finish times will apply, other than where the shift commencement times are altered in accordance with this agreement.

Night Shift 2200 – 0600 (weekend only)
Day shift 0600 – 1400
Evening shift 1400 - 2200

1.14.3 Required to work 3 irregular weekend 8 hour shifts (Day, Evening, and Night) per 8 week cycle. Any additional weekend shifts worked will be paid as overtime.

1.15 Shift Times, extensions & breaks between shifts

1.15.1 Shift times and extensions, other than for Maintenance employees on the 12 hour roster, shall be determined by management in accordance with the following table.

1.15.2 Notification of changes of shift times for all employees will be given at the normal notification time the day prior.

Extensions

1.15.3 Shift extensions for all employees will be provided and worked to meet operational and maintenance requirements. Extensions shall not be unreasonably requested by the Company.

Where an employee requests an exemption from the shift extension as a result of a pressing personal necessity and alternative arrangements cannot be made, the employee will not be required to work the extension.

1.15.4 An extension will be notified at the commencement of the last break and may be cancelled by notification up to one hour before the extension is to occur. Advice of the shift extension may be deferred until the end of the shift following consultation between the Company and the employee’s representative on the shift if unforeseen circumstances arise.

1.15.5 An extension of one hour may be cancelled up to one hour prior to the end of the shift and in these circumstances payment shall not be made for the extension.

1.15.6 Shift extensions of two hours or more, once notified, may not be cancelled.

1.15.7 If a Supplementary employee allocated to a 4 hour shift is extended, but the extended shift does not exceed 8 hours, then the extension of the allocated shift will not be paid as overtime.

Break between shifts

1.15.8 An employee working any shift shall be entitled to an eight hour break before the next period of work.

1.15.9 No employee shall be required to work in excess of seven consecutive nightshifts. Subject to clause 1.15.8 above, nothing prevents an employee from working day or evening shift(s) in the 48 hours immediately following any consecutive night shift worked in one period.

1.15.10 An employee shall not work more than 13 consecutive shifts.

1.15.11 It is the intent of the parties not to perform working during closed periods however if this is unavoidable, the parties shall consult on options to try and avoid a delay / advanced start into or at the conclusion of a Closed Port Period (Christmas Eve and New Year’s Eve). In the event of an advanced / delayed start the Company agrees to seek volunteers in the first instance.

1.15.12 An irregularly engaged employee who has booked off a particular shift through the IVR cannot be advanced or delay started into that shift unless they have confirmed they availability through labour allocation.

1.16 Rest periods

1.16.1 The following rest periods shall generally apply.

The above shift lengths include shift extensions where applicable.

1.16.2 Maintenance employees working 12 hour shifts shall be entitled to 75 minutes break in total comprising 2 or 3 rest periods, as determined by the Company. The Company agrees that it will limit the incidence of 2 rest breaks in a shift to not more than 50% of the maintenance shifts worked in any week, subject to operational and maintenance requirements. In circumstances where, due to operational or maintenance requirements, the Company decides it is necessary to exceed the 50% limit, the Company will consult with the employee representatives on the shift(s) affected, provided that there shall be no unreasonable objection to the decision.

1.16.3 Rest periods shall be taken by each employee in accordance with the following table to suit operational and maintenance requirements. Any alteration to rest periods will be, where possible, advised at the commencement of shift. In the event the change in rest period cannot be advised at the commencement of shift, the Company will seek the appropriate changes in consultation with the employee representative on the shift.

1.16.4 No employee can change from early first smoko to late second smoko on any shift unless it is established by agreement with the employee representative on shift.

1.16.5 Rest periods shall be inclusive of walking and washing time.

1.17 Application of four hour minimum (VSE / Supplementary only)

1.17.1 Four hour minimum engagement may be applied to the following activities:

    a) Lashing;
    b) Training;
    c) Meetings;
    d) AQIS inspections;
    e) Heavy lifts / small consignments.

1.17.2 If the work period exceeds 4 hours a minimum 8 hour engagement shall apply.

1.17.3 Notification of an extension of the 4 hour minimum will be provided no later than two hours after the shift commencement time. Advice of the shift extension may be deferred until the end of the shift following consultation between the Company and the employee representative if unforeseen circumstances arise. Where a 4 hour shift is extended normal break times will apply

1.17.4 A 4 hour shift shall be notified in accordance with clause 1.18 below, subject to the following:

    a) A 4 hour shift(s) for training, meetings, Quarantine inspections and heavy lifts/small consignments may only be notified on the day (in accordance with clause 1.18.5) in circumstances of an unplanned absence(s);
    b) A 4 hour shift(s) for lashing may be notified on the day in accordance with clause 1.18.5.

    Nothing prevents the Company from notifying a 4 hour shift (for all tasks listed in clause 1.17.1) the day prior in accordance with the clause 1.18 below.

1.18 Notification procedures

1.18.1 Notification of allocation for employees required to work shifts between Day shift Monday to Night shift Saturday, shall be made on the job or by telephone ring-in from 15:00 on the day prior to the proposed workday.

1.18.2 Notification of allocation for employees required to work Day Shift, Evening Shift and Night Shift on Sunday (1st Shift Monday) will be made on the Friday before the weekend by telephone ring-in on from 15:00 and may be varied in accordance with sub-clause 1.7.1 by telephone ring-in from 15:00 on Saturday.

1.18.3 Notification of allocation for employees required to work shifts on Public Holidays falling on a Monday, shall be made on the job or by telephone ring-in on Friday prior to the weekend by 15:00 subject to confirmation, variation and cancellation by 15:00 on the Sunday before the proposed workday.

1.18.4 Employees shall be responsible for ascertaining when and where they are required to work.

1.18.5 The Company may contact an employee at any time (other than where specified below) to provide additional resources due to late changes in operational and maintenance requirements, and absences. In these circumstances, the employee shall not be compelled to work at short notice and it is essential that the employee has had adequate rest and is able to meet all Company requirements in relation to working safely, prior to accepting any such engagements at short notice.

The Company will not contact an employee between 2330 and 0600 other than where a key Employee leaves the workplace during the Night Shift which results in a work unit becoming inoperable.

1.18.6 In circumstances where a late notification occurs outside of normal allocation times (excluding late notification due to unplanned absences), the Company shall, upon a reasonable request from the ERC, advise the Committee at the next ERC/SCC meeting.

1.18.7 Where orders are amended after notification the Company shall take reasonable steps to contact the affected employees to ensure they are aware of the change.

1.18.8 In the event an employee is not allocated in accordance with notification process and is subsequently required, the Company will contact the employee in accordance with clause 1.18.5. It is up to the employee to accept or decline the now available shift. In the event that the employee declines the shift this will have no impact on the Employee’s PBH and Bank hours. If the employee accepts the shift this will not count as a cancelled shift.

1.19 Arrangements for Closed Port Days

1.19.1 The Company will continue to review the agreed arrangements prescribed below. In the event of the Company encountering difficulties in having sufficient available employees to meet operational requirements for work on Closed Port Days, the parties will discuss the agreed arrangements with a view to resolving any issues and ensuring sufficient available employees in the future.

1.19.1 The Company may compel employees to work Closed Port Days as per Part A, clause 14.2.2 of this Agreement, except that for each Closed Port Day the Company will compel a maximum of 75% of available rostered FSE’s (excluding maintenance) to work on the applicable day (including those FSE’s who volunteer to work on the applicable Closed Port Day).

This clause varies the operation of clause 14.2.2 of Part A of this Agreement only in so far as it limits compulsion to 75% of available rostered FSE’s (excluding maintenance) on the applicable Closed Port Day.

1.20 Arrangements for Public holidays (includes CPD) – VSE’s

1.20.1 Public holidays for VSE’s shall be voluntary in the first instance, provided that if a lack of volunteers is evident the Company may compel additional VSE’s. The combined level of VSE’s engaged shall not exceed 65% of the total number of VSE’s (voluntary/compelled) except in circumstances where the number of volunteers exceeds 65% of the total number of VSE’s.

VSE’s shall have the ability to opt out of the compulsion if they are able to obtain an approved swap with another VSE, subject to skills. If compulsion is enacted by the Company, allocation shall be based on the lowest amount of Public Holidays worked. Compulsion on Public Holidays will be tracked and reviewed in the ERC.

1.21 Arrangements for Public holidays – FSE’s working the General Operations Roster

1.21.1 If an FSE is not required on a Public Holiday or Closed Port Day, they will maintain their salary for the day.

Cancellations and PBH arrangements shall not apply to Public Holidays and Closed Port days. That is, an employee cannot generate hours whether debit or credit on these days.

1.22 Allocation for Public holidays (rostered FSE’s)

1.22.1 Rostered FSE’s will be deemed to be rostered on unless advised that they are not required. A rostered FSE will be required to work in accordance with their roster after the below process has been applied:

    a) The Company will call for volunteers. Volunteers will be allocated in the first instance, this will be subject to their primary skills;
    b) In the event that there is an excess number of FSE’s that have volunteered as compared to the business requirement, allocation shall be on the basis of placement by primary skill;
    c) The Company will ensure that there is a fair and equitable opportunity to work for all FSE’s that volunteer to work on Public Holidays;
    d) In the event that there are insufficient volunteers to cover the requirements, employees will be allocated to work Public Holidays in accordance with their roster.

    FSE’s rostered and work a Public Holiday, shall be renumerated in addition to the salary:

    a) Day and evening – time and one half;
    b) Night – double time.

2.0 Remuneration

The salaries set out in this Agreement are in full and final settlement of all award and non-award allowances, leave loadings, public holiday rates, shift premiums, meal monies and any application of the irregular part of any roster, where a roster applies.

Employee’s following the General Operations roster must work Public holidays under the existing arrangements as this has been included in their salary. After the commencement of the new mode of operation, and when working to the new roster, the new Public Holiday arrangements will apply.

For the sake of clarity Public Holiday premiums are not included in the new salaries for General Operations however it is included for all other rosters.

    2.1 Operations 32.5 hour roster

An employee who as an outcome of the new arrangements are appointed to a lower graded position, shall have their salary frozen until such time as the salary of their new position reaches the frozen level, after which their salaries which will be increased in line with all the employment categories in clause 2 – Remuneration of Part B of this Agreement.

The freezing of a salary shall take effect post any salary adjustments related to the alteration or reduction in average hours per week of work (i.e. average 38 hours per week to 35 hours per week or similar where applicable). Any employee subsequently appointed to a new position, shall be appointed to the new grade in line with Table 2, unless the new positions salaried rate remains below the frozen level.

Where an employee’s salary has been frozen any and all payments for overtime, extensions, Public Holidays and/or Closed Port Days shall be at the corresponding frozen clause 11 rate as set down in Part A.

Table 1

    Refer to the table below regarding adjustment to Servicemen salaries effective commencement of 38 hours Roster.

    Table 2

    2.2 Cargo care 35.0 hour roster

    No employees will be allocated to CC1 during the life of the Agreement or subsequent Agreements. Cargo Care Assistants appointed prior to September 2003 will retain their salaries which will be increased in line with all other employment categories in clause 2 – Remuneration of Part B of this Agreement. Any employee appointed to the position of Cargo care post 15 September 2003, shall be appointed in line with the table above at CC2.

    2.3 Yard Foreman’s Roster – Monday to Friday (38hr week)

    2.4 General Maintenance Roster (42hr week)

    All employees appointed to maintenance after 1 July 2008 shall be appointed to Tradesmen Salary Code MN2.

    2.5 Day Maintenance Roster

    All employees appointed to maintenance after 1 July 2008 shall be appointed to Tradesmen Salary Code MN2.

    2.6 Servicemen / Trades assistants, Day / Evening Roster

    2.7 Upgrade payments for Servicemen

    Where a Serviceman is entitled to an upgrade under Part A, Clause 12.2 for operating a quay crane in the performance of their Servicemen role, the grade that will apply to the upgrade will be Grade 4.

    2.8 Grading

The following grades shall apply to the below positions/duties (as reflected in clause 2.1 above) (and subject to clause 12.2 of Part A of this Agreement):

    a) Small forklift driver (grade 2);

    b) Deck foremen (grade 5);

    c) Heavy forklift driver (grade 3);

    d) Bus driver (grade 2);

    e) Bulk run/GAS clerk (grade 3);

    f) Serviceman (grade 3);

    g) Break bulk clerk (grade 4); and

    h) Break bulk clerk when performing electronic processing of paperwork (grade 5);

    i) Shuttle (grade 3);

    j) Clerical/toggle (grade 3).

    2.9 Fixed 12 hour shift payments – Maintenance

A VSE/ Supplementary, when working fixed 12 hour shifts will be paid at the following shift premiums:

    The average ratio (Monday to Friday) of worked shifts shall not exceed 60% Day Shift across the work group per annum.

3.0 Consolidated allowance – VSE

A VSE shall be paid an allowance of $31.75 for each shift worked and will be set off against the guarantee.

4.0 Tool issue

    On completion of 3 months service with the Company, Tradesmen shall receive a tool box and tool issue consisting of those items agreed by the Company.

    An employee requiring replacement for damaged, broken or lost tools shall submit details of the circumstances in writing to the Company at the time of the damage or loss and if it is agreed that a replacement is appropriate, the Company will replace the item at no charge to the employee.

5.0 Spectacle breakage

Where spectacles are damaged in the course of an employee performing their duties, the Company will reimburse the employee 50% of the cost of the replacement spectacles, including prescription safety eyewear.

6.0 Outsourcing

To avoid any doubt, at the commencement of this Agreement it is the Company’s intention that the following tasks will be outsourced (where it has not already been outsourced):

    Cleaning – site amenities & offices

    Security

    Certain maintenance tasks and duties

    Line marking

This clause is not intended to act as a prohibition or limitation on the use of contractors or outsourcing (whether referred to in this clause or not).

7.0 Heat agreement

    7.1 When the temperature exceeds 38 degrees Celsius, all operations may cease after consultation between the Operations Supervisor, and employee representative. Employees driving machinery with functioning air conditioning shall not cease work because of temperature for any reason. Temperature shall be taken from an agreed onsite weather station or alternatively the Brisbane Airport if onsite equipment is not operating.

    7.2 When the temperature exceeds 35 degrees Celsius additional rest periods of 15 minutes duration shall occur one hour after the latest resumption of work, i.e. after the normal smoko and crib breaks. Provided that:

    a) Employees driving machinery with functioning air conditioning shall not stop because of temperature for any reason;
    b) Work shall not cease where suitable relief is provided; and
    c) Where suitable relief is not available to enable the operations to continue working, groups shall be divided into two sub-groups working alternatively 15 minutes on 15 minutes off.

8.0 Quay crane down driver duties

When relieving as the Deck foreman the Quay crane driver will be paid at the same Grade 5 rate.

Trained back-up Foreman shall be used ahead of down Quay crane drivers, however in circumstances where experience and skills are required the Shift Supervisor will have the final placement decision.

9.0 Mooring

Mooring/unmooring shall be performed by any permanent operations employee (including VSE’s) and/or casually engaged employee (Supplementary). A VSE or Supplementary employee engaged for mooring only will be paid a minimum of 2 hours for each operation. A VSE or Supplementary employee engaged for mooring and lashing will be paid a minimum of 4 hours for each operation.

10.0 Leave accrued prior to 21 June 1999 (Fixed salaried employees only)

    Permanent Fixed Salary Employees employed at or prior to 21 June 1999, that had an entitlement to Annual and Long Service Leave accrued prior to 21 June, 1999, will be paid a weekly consolidated allowance at the rate of $152.64, in addition to the paid leave prescribed in this Agreement.

      Such an allowance is not payable for the purpose of long service leave where an employee has elected to convert “old long service leave” in accordance with the relevant provisions of Part A of this Agreement.

11.0 Public holidays

When a public holiday falls on annual or long service leave then that day will not be counted as leave.

12.0 Cargo services

Skills required for plugging, unplugging and monitoring of refrigerated containers and attending to other cargo services will be deployed from operations.

13.0 Training

    a) Existing VSE’s appointed prior to the commencement of this Agreement will have preference for training and promotions ahead of new VSE’s appointed post the commencement of this Agreement. This training priority will operate for a period of 2 years regardless of the national selection process.

    b) All FSE’s and VSE’s shall be trained to operate a Shuttle Carrier.

14.0 Establishment

Establishment at commencement of the varied Agreement

    Estimation only

15.0 Clothing

    15.1 The annual replacement issue date will be the 1st September.

    15.2 A ‘garment’ is defined as one of the following:

    a) A pair of shorts;
    b) A pair of trousers or jeans;
    c) A shift;
    d) A pair of overalls

    15.3 Company clothing issue shall be as above for all employees. Employees are required to report for work suitably attired in Company issued clothing.

    15.4 The wearing of Personal Protective Equipment (PPE) is mandatory.

    15.5 The Company shall launder maintenance employees’ Company issued overalls, long-sleeve shirts and pants.

16.0 Manning

Manning for all operations will be based on safe practice and operational requirements as determined by OHS and other legislation.

17.0 Committees

    17.1 The Company will continue to support the Employee Representative Committee (ERC) and Occupational Health, Safety and Environment Committee.

    17.2 The objectives of the ERC is to encourage employee contributions in the decision making process and to focus attention on the requirements of customers and the needs of Employees and the Company to improve site productivity through communication, information-sharing and consultation.

    17.3 There shall be a minimum of eleven (11) ERC meetings and eleven (11) OHS Meetings per annum. The ERC meetings are to be held on site or where requested at the relevant Branch Office of the MUA. A request to hold an ERC meeting at the Branch Office shall not be unreasonably refused.

18.0 Supplementaries

    18.1 Supplementaries shall be engaged as defined in clause 26.0 in Part A of this Agreement including payment except as otherwise provided in this clause.

    18.2 Supplementaries will only be engaged after all other labour resources have been utilised including FSE’s working PBH.

    18.3 Supplementaries may be engaged up to Grade 3 if there is a shortfall in skill requirements after all other labour has been placed to Grade 3 roles or higher.

    18.4 Supplementary allocation must not be inconsistent with Clause 1.4.4.

In the witness the parties have signed this Agreement on the day of _______ Two Thousand and Thirteen.

For and on behalf of

DP World Brisbane Pty Limited

_________________________

Name:

Address:

Authority to Sign:

Witness

_________________________

For and on behalf of the

Maritime Union of Australia

_________________________

Name:

Address:

Authority to Sign:

Witness

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