[2020] FWCA 2659

DECISION
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dalrymple Bay Coal Terminal Pty Ltd

(AG2020/1188)

DALRMPLE BAY COAL TERMINAL PTY LTD BULK HANDLING

ENTERPRISE AGREEMENT 2020
Coal export terminals

COMMISSIONER HUNT BRISBANE, 26 MAY 2020

Application for approval of the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling
Enterprise Agreement 2020.

[1] Dalrymple Bay Coal Terminal Pty Ltd (the Employer) has applied for approval of an
enterprise agreement known as the Dalrymple Coal Terminal Pty Ltd Bulk Handling
Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of
the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the
Agreement with the Employer, and as a result, the Employer has provided written
undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of
the Act I sought the views of the Communications, Electrical, Electronic, Energy, Postal and
Plumbing Allied Service Union of Australia (the CEPU), the Australian Manufacturing
Workers’ Union (the AMWU) and the Australian Workers’ Union (the AWU) regarding the
undertakings.

[3] The AWU and the CEPU each wrote to my chambers advising that each respective
organisation is comfortable with the undertakings. The AMWU wrote to my chambers
advising that it had no comments regarding the undertakings, and it supports the Commission
determining the matter on the basis of the material before the Commission.

[4] I note that Appendix 3 of the Agreement refers to notice of termination and
redundancy pay. The Appendix provides that an employee is not entitled to notice of
termination or redundancy pay where the employee is offered but declines to accept an
“alternative suitable role”. This appears to be inconsistent with s.120 of the Act, which
provides that such circumstances, (noting the test is whether the employer “obtains other
acceptable employment for the employee”) merely give rise to the right to apply to the
Commission to reduce the amount of redundancy pay, rather than operating to automatically
exclude the employer’s redundancy pay obligations. [my emphasis].

1
 [2020] FWCA 2659

[5] Furthermore, the Act does not provide that an employee is excluded from their notice
of termination entitlements conferred by s.117(2) of the Act because they declined an offer of
suitable alternative employment.

[6] Clause 1.4 of the Agreement provides that “The National Employment Standards
(NES)…… prevail over this Agreement to the extent which, in a particular respect, the NES
provides for a more favourable outcome for an employee”. I note Clause 1.4 in respect of the
redundancy and notice provisions with Appendix 3, and state that in my view, there would be
difficulty for the Employer in attempting to enforce those relevant provisions in Appendix 3.

[7] I am satisfied that the undertakings will not cause financial detriment to any employee
covered by the Agreement and that the undertakings will not result in substantial changes to
the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with
s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[8] I have taken into consideration the material filed in the Commission. Subject to the
undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187,
188 and 190 as are relevant to this application for approval have been met. The Agreement
does not cover all of the employees of the employer, however, taking into account s.186(3)
and (3A) I am satisfied that the group of employees was fairly chosen.

[9] The AMWU, the AWU and the CEPU being a bargaining representative for the
Agreement have given notice under s.183 of the Act that they want the Agreement to cover
them. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU
the AWU and the CEPU.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
2 June 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508098 PR719533>

2
[2020] FWCA 2659

CORRECTION TO DECISION
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dalrymple Bay Coal Terminal Pty Ltd

(AG2020/1188)

Coal export terminals

BRISBANE, 28 MAY 2020

Application for approval of the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling
Enterprise Agreement 2020.

The decision issued by the Fair Work Commission on 26 May 2020 [2020] FWCA 2659
PR719533 is corrected as follows:

[1] The nominal expiry date of the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling
Enterprise Agreement 2020 is 31 March 2023, not 31 March 2020 per paragraph [10] of
decision [2020] FWCA 2659 PR719533.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508098 PR719649 >

1
 [2020] FWCA 2659

Annexure A:

3
Note - this agreement is to be read together with an undertaking given by the employer. The undertaking is
taken to be a term of the agreement. A copy of it can be found at the end of this agreement.
Dalrymple Bay Coal Terminal Pty Ltd

DALRYMPLE BAY COAL TERMINAL PTY LTD BULK HANDLING ENTERPRISE

AGREEMENT 2020

THIS AGREEMENT, made under the Fair Work Act 2009 (Cth) (FW Act), as provided by Chapter 2, Part 2-4, Division
2 on 14th day of April 2020, between Dalrymple Bay Coal Terminal Pty Ltd ACN 010 268 167 and the Employees
described at clause 1.2, witnesses that the parties agree as follows:

ARRANGEMENT OF AGREEMENT

Subject Matter Clause No

PART 1 – PRELIMINARY

Title 1.1
Agreement Coverage 1.2
Duration of Agreement 1.3
National Employment Standards 1.4
Objectives 1.5
Lodgement of Agreement 1.6
No Extra Claims 1.7
Definitions 1.8

PART 2 – TERMS AND CONDITIONS OF EMPLOYMENT

Duties and Responsibilities 2.1

Equal Employment Opportunity 2.2
Contract of Employment 2.3
Types of employment 2.4
Work arrangements 2.5

PART 3 –EMPLOYEE ENTITLEMENTS

Clothing, Safety Equipment and Wet Weather 3.1

Annual Leave 3.2
Paid Personal/Carer's Leave 3.3
Unpaid Personal/Carer's Leave 3.4
Compassionate Leave 3.5
Family and Domestic Violence Leave 3.6
Parental Leave 3.7
Long Service Leave 3.8
Community Service Leave 3.9
Statutory Holidays 3.10
Trade Union Training Leave (TUTL) 3.11
Consultation Regarding Major Workplace Change 3.12
Grievance & Dispute Settlement Procedure 3.13
Disciplinary Procedure 3.14
Individual Flexibility 3.15

PART 4 – HOURS OF WORK,

Ordinary Hours of Work 4.1

Meal Breaks and Crib Time 4.2
Stable Income 4.3

[1]
Subject Matter Clause No
Employee Retrenchment 4.4
Career Paths 4.5
Additional Hours (Supplementary Hours and Excess Hours) 4.6
First Aid Allowance 4.7
Higher Duties Allowance 4.8
Ships' Lines – Additional Labour, After Hours Arrangements and 4.9
Payment
Salary Sacrifice 4.10
Delegates Rights 4.11

Appendix 1 – Rates of Pay

Appendix 2 - Information only – Payment of Early Dispatch Allowance on Annual Leave
Appendix 3 - Employee Retrenchment Policy
Appendix 4 - Operations Career Path
Appendix 5 - Maintenance Career Path

[2]
PART 1 – PRELIMINARY

1.1 Title

This Enterprise Agreement shall be known as the Dalrymple Bay Coal Terminal Pty Ltd Bulk
Handling Enterprise Agreement 2020.

1.2 Agreement Coverage

This Agreement shall apply to Dalrymple Bay Coal Terminal Pty Ltd (DBCT P/L) in
Queensland and Employees engaged in or in connection with the unloading and/or stockpiling
and/or loading of coal at Hay Point, Queensland.

This Agreement also applies to the unions who are covered by it pursuant to Section 183 of
the FW Act.

1.3 Duration of the Agreement

This Agreement will commence operation seven days after the date it is approved by the Fair
Work Commission (FWC) and has a nominal expiry date of 31 March 2023.

1.4 National Employment Standards

The National Employment Standards (NES) (contained in Chapter 2, Part 2-2 of the FW
Act) prevail over this Agreement to the extent which, in a particular respect, the NES
provides for a more favourable outcome for an Employee.

1.5 Objectives

This Agreement is based on ongoing evolution of change within DBCT P/L operations. The
Parties will endeavour to:-

(i) Establish and maintain quality communication to enhance relationships and job
performance;
(ii) Enable development of Employees and teams to achieve their full potential;
(iii) Optimise productivity, capital utilisation and Employee remuneration;
(iv) Strengthen consultation and communication processes;
in a commercially focused way to secure the future for Dalrymple Bay Coal Terminal Pty Ltd
and its Employees.

1.6 Lodgement of Agreement

This Agreement will be lodged with the FWC within fourteen (14) days of its approval by the
Employees mentioned in clause 1.2 of this Agreement.

1.7 No Extra Claims

The Parties agree that for the life of this Agreement there will be no extra claims.

[3]
1.8 Definitions

In this Agreement, unless specifically provided otherwise, the following terms have the
following meanings:

(a) Act means the Fair Work Act 2009.

(b) Agreement means this Agreement, the Dalrymple Bay Coal Terminal Pty Ltd Bulk
Handling Enterprise Agreement 2020.

(c) Company means Dalrymple Bay Coal Terminal Pty Ltd (DBCT P/L).

(d) EA Year is the 52 week period beginning on the commencement date of the
Agreement or the anniversary of the Agreement.

(e) Employees means employees of the Company, performing roles in the classifications
covered by this Agreement.

(f) Immediate Family is an Employee's spouse or former spouse, de facto partner or

former de facto partner, child, parent, grandparent, grandchild, sibling or a child,
parent, grandparent, grandchild or sibling of the Employee's spouse or de facto
partner.

This definition includes step-relations (eg. step-parents and step-children) as well as

adoptive relations.

(g) NES means the National Employment Standard.

(h) Ordinary Hours of Work means an average of 35 hours per week averaged over the
period applicable to the Employee's roster and worked within the span of hours
applicable to the Employee's roster.

(i) Party or Parties means the parties who are bound by this Agreement.

(j) Unions means the AMWU, AWU and CEPU (ETU).

[4]
PART 2 - TERMS AND CONDITIONS OF EMPLOYMENT

2.1 Duties and Responsibilities

(1) Any Employee shall use any of their skills on any work or task, provided that it is
practical, sensible and legal.

(2) Any Employee who is unaware of the appropriate operational procedure and safety
policies should seek clarification and understanding of the issue involved and training
and/or induction will be provided.

(3) All Employees shall wear suitable safety boots and occupational clothing and any other
safety protection equipment as supplied, appropriate to the task being undertaken and
the area of the Terminal in which it is being undertaken.

2.2 Equal Employment Opportunity

DBCT P/L and its Employees are committed to equal opportunity employment. This
commitment is consistent with the principles of equity, fairness and conforms to the spirit
and intent of equal opportunity, anti-discrimination and affirmative action legislation.

2.3 Contract of Employment

(1) Employment may be by the week and may be terminated by giving one week's notice
by either Party or other minimum notice required under the NES.

(2) The employer may dismiss an Employee immediately for serious misconduct or neglect
of duty.

2.4 Types of employment

An Employee may be engaged on a full-time, part-time or casual basis.

(a) Full-time employment

A full-time Employee is an Employee who is engaged to work an average of 35

ordinary hours per week.

(b) Part-time employment

(i) A part-time Employee is an Employee who:

a) is engaged to work an average of fewer than 35 ordinary hours per week;

and

b) receives, on a pro rata basis, equivalent pay and conditions to those of

full-time Employees who do the same kind of work.

[5]
 (ii) At the time of engagement DBCT P/L and the part-time Employee will agree in
writing on a regular pattern of work, specifying at least the days to be worked
and the starting and finishing times.

(iii) Any variation to the regular pattern of work will be recorded in writing.

(iv) A part-time Employee will be paid per hour 1/35th of the weekly minimum
Annual Stable Income rate prescribed for their relevant classification and level
found in Appendix 1.

(c) Casual employment

(i) A casual Employee is one engaged and paid as such. A casual Employee’s
Ordinary Hours of Work are the lesser of an average of 35 hours per week or
the hours required to be worked by the employer.

(ii) For each hour worked, a casual Employee will be paid no less than 1/35th of the
minimum weekly Annual Stable Income rate of pay for their classification in
Appendix 1, plus a casual loading of 25%. The loading constitutes part of the
casual Employee’s all purpose rate.

(iii) A casual Employee will receive a minimum of four hours payment for each
engagement.

(iv) The casual loading is paid instead of annual leave, paid personal/carer’s leave,
notice of termination, redundancy benefits and the other attributes of full-time
or part-time employment.

2.5 Work Arrangements

Any Employee of DBCT P/L may be required to work day work, shift work, or a combination
of day work and shift work so as to ensure the proper maintenance and operation of the
Terminal.

PART 3 EMPLOYEE ENTITLEMENTS

During the lifetime of this Agreement, DBCT P/L's position in relation to employment
entitlements is as follows:

(a) it has been appointed as operator of Terminal for the duration of this Agreement,
subject to the terms of the relevant Operation and Maintenance Agreement;

(b) Employee entitlements which fall due during that period will be met by DBCT P/L in
accordance with its obligations;

(c) accordingly, DBCT P/L sees no need to impose an extra layer of protection, at
substantial cost, when there is no foreseeable risk during the life of this Agreement of
entitlements not being met in the ordinary course of business.

[6]
3.1 Clothing, Safety Equipment and Wet Weather

(1) Clothing

(a) Upon engagement each Employee shall be supplied free of charge with any five
sets of work clothing or safety boots from the following list:

(i) One pair of safety boots;

(ii) One pair of overalls;
(iii) One pair of trousers and one long sleeve shirt;
(iv) Two long sleeve shirts;
(v) Two trousers.
(i), (ii), (iii), (iv), and (v) are each considered to be a set.
(b) Clothing will be provided in sizes to fit the Employee and will be replaced:-

(i) Every twelve months; and

(ii) In any period shorter than twelve months on the basis of fair wear and
tear and one for one returned worn out item.

(c) The laundering and repair of all clothing is the responsibility of the Employee.

(d) If any Employee terminates within four months of the issue of clothing and
footwear they shall return such clothing or pay to the Employer a pro rata
amount of the purchase price at the time of the issue for the goods based on the
following scale:
%
Less than one months' service 60
Less than two months' service 50
Less than three months' service 40
Less than four months' service 30

(2) Coat — Employees upon engagement will be issued with a coat in their size. This coat
will be replaced every twelve months with options for both summer (lightweight) and
winter coats available. After an Employee has been issued with the coat upon
commencement an Employee has the option of using the designated yearly coat
allowance for the purchase of any approved DBCT P/L Clothing and/or boots to an
equal amount.

(3) Safety Equipment — Employees will be provided with an initial issue of personal
safety equipment necessary to protect their person. In accepting such equipment the
Employee agrees to care for the equipment and keep it secure. Replacements will be
made as dictated by wear and tear and on the basis of one for one on the return of worn
out goods. Employees are required to wear safety equipment as a condition of
employment in those areas of the Terminal deemed to be risk areas.

(4) Wet Weather — Employees will be issued with a set of wet weather gear upon
engagement and will be responsible for the care and security of such equipment.
Replacements will only be made when worn out gear is returned.

[7]
3.2 Annual Leave

(1) Every Employee shall be entitled to annual leave which accrues progressively for each
year of their employment, paid at the appropriate rate of Annual Stable Income, as
follows:

(a) Six weeks (210 hours) if employed on continuous shift work (for the purposes
of the annual leave provisions of the NES) where the shifts per day worked
provide 24-hour coverage over a period of seven days per week;

(b) Annual leave will be pro-rated for shift mix combinations;

(c) Five weeks (175 hours) in any other case.

(2) Such annual leave shall be exclusive of any statutory holiday which may coincide with
that annual leave.

(3) Annual leave is to be taken by mutual agreement with adequate notice to be given by
either Party. DBCT P/L will not unreasonably refuse to agree to a request by the
Employee to take annual leave.

(4) DBCT P/L and an Employee may agree to cash out excess accrued annual leave
provided:
(a) the cashing out of a particular amount of annual leave is the subject of a
separate written agreement between DBCT P/L and the Employee;

(b) the amount of leave cashed out must be greater than two weeks;

(c) Agreement must state the amount of leave to be cashed out, the payment to be
made to the Employee for the amount of leave, and the date on which the
payment will be made;

(d) the Agreement is signed by DBCT P/L and the Employee (or if the Employee
is under 18 years of age, the Employee's parent or guardian);
(e) the payment for a cashing out will not be less than the amount that would have
been payable had the Employee taken the leave at the time the payment is
made;

(f) the Agreement does not result in the Employee's remaining accrued
entitlement being less than 5 weeks for day workers and 6 weeks for
continuous shift workers or seven day continuous day workers.

An Employee may request for the accrued annual leave cash out to be paid across two
financial years.

Where an Employee elects to cash out accrued leave greater than or equal to ten (10)
weeks, the Company will reimburse up to $392 of the cost of financial advice from a
Financial Planner of the Employee's choice on completion of the cash out of leave
transaction and presentation of a receipt from the Financial Planner.

DBCT P/L will keep a copy of any Agreement made to cash out an Employee's
accrued annual leave as an Employee record.

[8]
DBCT P/L must not exert undue influence or undue pressure on an Employee to
make, or not make, an Agreement under clause 3.2(4).

[9]
3.3 Paid Personal/Carer's Leave

This Clause applies to Employees, other than casual Employees.

(1) Entitlement to paid personal/carer’s leave

(a) Subject to Clause 3.3 (1)(b), for each year of service with DBCT P/L, an Employee
is entitled to 10 days of paid personal/carer’s leave.
(b) An Employee’s entitlement to paid personal/carer’s leave accrues progressively
during a year of service according to the Employee’s Ordinary Hours of Work.

(2) Taking paid personal/carer’s leave

An Employee may take paid personal/carer’s leave if the leave is taken:
(a) because the Employee is unfit for work because of a personal illness, or personal
injury, affecting the Employee; or
(b) to provide care or support to a member of the Employee’s Immediate Family,
or a member of the Employee’s household, who requires care or support because
of:
(i) a personal illness, or personal injury, affecting the member; or
(ii) an unexpected emergency affecting the member.

(3) Employee taken not to be on paid personal/carer’s leave on public holiday

If the period during which an Employee takes paid personal/carer’s leave includes a
day or part-day that is a public holiday in the place where the Employee is based for
work purposes, and the Employee is not required by their roster to work on that day,
the Employee is taken not to be on paid personal/carer’s leave on that public holiday.

(4) Payment for paid personal/carer’s leave

If, in accordance with this Clause, an Employee takes a period of paid personal/carer’s
leave, DBCT P/L must pay the Employee at the Employee’s base rate of pay for the
Employee’s Ordinary Hours of Work in the period.

3.4 Unpaid Personal/Carer's Leave

(1) Entitlement to unpaid carer’s leave

An Employee is entitled to 2 days of unpaid carer’s leave for each occasion (a
permissible occasion) when a member of the Employee’s Immediate Family, or a
member of the Employee’s household, requires care or support because of:
(a) a personal illness, or personal injury, affecting the member; or
(b) an unexpected emergency affecting the member.

[10]
 (2) Taking unpaid carer’s leave

(a) Subject to Clause 3.4(2)(c), an Employee may take unpaid carer’s leave for a
particular permissible occasion.
(b) An Employee may take unpaid carer’s leave for a particular permissible occasion
as:
(i) A single continuous period of up to 2 days; or
(ii) Any separate periods to which the Employee and DBCT P/L mutually
agree.
(c) An Employee cannot take unpaid carer’s leave during a particular period if the
Employee could instead take paid personal/carer’s leave.

3.5 Compassionate Leave

An Employee will be entitled to a maximum of two (2) days compassionate leave to spend
time with an Immediate Family or household member who has a personal illness, or injury
that poses a serious threat to their life.
An Employee is entitled to a maximum of three (3) consecutive days of compassionate leave
without loss of pay following the death of a member of their Immediate Family, member of
the Employee's household, close relative or friend.
Up to five (5) consecutive days compassionate leave will be allowed for Employees to attend
a funeral of an Immediate Family member outside of Australia.

An Employee will be entitled to a period of compassionate leave for each occasion that gives
rise to an entitlement under this clause.

3.6 Family and Domestic Violence Leave

An Employee will be entitled to unpaid family and domestic violence leave in accordance with
the NES.

3.7 Parental Leave

An Employee is entitled to unpaid parental leave in accordance with the NES.

3.8 Long Service Leave

(1) An Employee who has completed a period of 10 years continuous service with DBCT
P/L will be entitled to 13 weeks (455 hours) long service leave.

(2) An Employee who has completed more than seven years of service may apply for pro
rata long service leave on the basis of 1.3 weeks (45.5 hours) credit for each full year
of service.

(3) An Employee who has completed a period of 7 years but less than 10 years service with
DBCT P/L, and who terminates for any cause other than serious misconduct, shall be
paid pro rata long service leave.

[11]
 (4) Long service leave shall be taken at a time that is mutually convenient.

(5) An Employee's long service leave entitlement under this Agreement incorporates any
entitlement to long service leave the Employee has under any law.

(6) Such long service leave shall be exclusive of any statutory holiday which may coincide
with that long service leave.

3.9 Community Service Leave

(1) An Employee is entitled to be absent from work if they are engaging in eligible
community service.

(2) Eligible community service consists of :

(a) Jury duty.
(b) Voluntary emergency management activity. (This is an activity that involves the
Employee voluntarily dealing with a natural disaster or emergency where the
Employee is a member of a recognised emergency management body and the
Employee is either asked to engage in the activity or it is reasonable to assume
would have been asked to engage in the activity.)
(c) Any other community service activity specified in the Fair Work Regulations 2009.
(3) The Employee must notify the Employee's immediate manager as early as possible if
they are required to be absent from work for jury duty or voluntary emergency
management activities.

(4) If required by DBCT P/L, the Employee must provide evidence that would satisfy a
reasonable person that the absence is because the Employee has been or will be
engaging in an eligible community service activity. In respect of Jury Duty, satisfactory
evidence will be copies of Service of Attendance and payment documentation from the
Court.

(5) An Employee required to attend Court to serve on a jury will be granted leave without
loss of pay. However, the Employee will be required to reimburse DBCT P/L any
Service of Attendance Fees received from the Court. Should the Court not call an
Employee up for duty on a particular day, the Employee is expected to return to work
that day.

3.10 Statutory Holidays

(1) The days of the year that are public holidays are those referred to in the NES and
generally include:

Good Friday
Easter Saturday
Easter Sunday
Easter Monday
The twenty-fifth day of April (Anzac Day)
The Birthday of the Sovereign on the day on which it is celebrated in Queensland
Christmas Eve part day from 6pm
Christmas Day
[12]
 Boxing Day
The first day of January ‘New Years Day’
The twenty-sixth day of January ‘Australia Day’

Any other day, or part day, declared or prescribed by or under a law of Queensland to
be observed within Queensland or a region in Queensland as a public holiday.

(2) Employees other than continuous shift workers will not be required to attend for work
on statutory holidays and will be paid at the stable income rate appropriate to their
classification. The only exception to this is where an Employee has been requested by
their Manager to attend and will be remunerated in accordance with the provisions of
Additional Hours (Excess Hours and Supplementary Hours) clause 4.6 of this
Agreement.

(3) Continuous shift workers will be required to attend for work on statutory holidays in
accordance with their shift roster, for which they will be paid at the stable income rate
appropriate to their classification.

Employees who fail to attend for rostered work on public holidays will have their
supplementary hours increased by the number of rostered shift hours when another
Employee has been required to attend work to cover absent Employee. Employees who
attend for work in lieu of the absent Employee shall accrue the full credit of
supplementary hours and additional time off in accordance with 4.6 (1) (d).
Public holidays, for the purpose of this clause, shall be the actual holiday and not the
gazetted holiday.
(4) If a statutory holiday falls on a day on which an Employee is rostered off; an extra days
annual leave will be added to their annual leave. An Employee is not considered
‘rostered off’ when the day is a non-working day due to a part-time or other flexible
work arrangement.

(5) Any and every Employee who, having been dismissed or stood down by DBCT P/L
during the month of December in any year, and who is re-employed by DBCT P/L at
any time before the end of the month of January in the next succeeding year shall, if
that Employee had been employed by DBCT P/L for a continuous period of two weeks
or longer immediately prior to being so dismissed or stood down, be entitled to be paid
and shall be paid by the employer (at the ordinary rate payable to that Employee when
so dismissed or stood down) for any one or more of the following holidays, namely
Christmas Day, Boxing Day, and the first day of January occurring during the period
of and from the date of dismissal or standing down to and including the date of re-
employment as aforesaid.

3.11 Trade Union Training Leave (TUTL)

Paid leave of absence up to a total of six days (48 hours) per Union per annum will be provided
to Employees to attend TUTL or specific Union training courses approved by the State
Executive of the Union/s covered by this Agreement. Payment will be at the appropriate stable
income rate. Additional hours will be by mutual agreement.

3.12 Consultation Regarding Major Workplace Change

(1) This clause applies if:

[13]
 (a) DBCT P/L has made a definite decision to introduce a major change to
production, program, organisation, structure, or technology in relation to its
enterprise; and
(b) the change is likely to have a significant effect on Employees of the enterprise.
(2) DBCT P/L must notify the relevant Employees of the decision to introduce the major
change.
(3) The relevant Employees may appoint a representative/site Union delegate for the
purposes of the procedures in this term.
(4) If:
(a) a relevant Employee appoints, or relevant Employees appoint, a
representative/site Union delegate for the purposes of consultation; and
(b) the Employee or Employees advise the Employer of the identity of the
representative/site Union delegate;
DBCT P/L must recognise the representative/site Union delegate.

(5) As soon as practicable after deciding a major change needs to be made and before
implementation DBCT P/L must:
(a) discuss in a meaningful way with the relevant Employees: Meaningful
consultation for this purpose means providing the Employees and their site
Union delegate and/or elected Employee representatives with a bona fide
opportunity to discuss the companies decision(s).
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the Employees; and
(iii) measures the employer is taking to avert or mitigate the adverse effect
of the change on the Employees; and
(b) for the purposes of the discussion — the employer must:
(i) provide, in writing, to all relevant Employees all relevant information
about the change including the nature of the change proposed; and
(ii) invite the Employees to give their views about the impact of the change
(including any impact in relation to their family or caring
responsibilities where that change relates to a change to their regular
roster hours or ordinary working hours) and
(iii) consider any views about the impact of the change that are given by the
Employees.
(6) However, DBCT P/L is not required to disclose confidential or commercially sensitive
information to the relevant Employees.
(7) DBCT P/L must give prompt and genuine consideration to matters raised about the
major change by the relevant Employees.
(8) If a term in the this Agreement provides for a major change to production, program,
organisation, structure or technology in relation to the enterprise of the employer, the
requirements set out in clauses 3.12(2),(3) and (5) above are taken not to apply.
(9) In this term, a major change is likely to have a significant effect on Employees if it
results in:
(a) the termination of the employment of Employees; or

[14]
 (b) major change to the composition, operation or size of the employer’s
workforce or to the skills required of Employees; or
(c) the elimination or diminution of job opportunities (including opportunities for
promotion or tenure); or
(d) a change to regular roster or ordinary hours of work; or
(e) the need to retrain Employees; or
(f) the need to relocate Employees to another workplace; or
(g) the restructuring of jobs.
(10) In this term, relevant Employees means the Employees who may be affected by the
major change.
(11) Either Party may at any time throughout the consultative process utilise the dispute
procedure outlined in this Agreement.

3.13 Grievance and Dispute Settlement Procedure

(1) The objective of this procedure is to ensure that as far as practical, grievances and
disputes are resolved expediently by discussion between the Parties.

(2) In the event of an Employee(s) having a grievance or dispute the Employee shall in the
first instance attempt to resolve the matter with their immediate Supervisor who will
take all reasonable steps to resolve the dispute within ten (10) days.

(3) If the grievance or dispute is still unresolved the Employee or the Employee's chosen
representative and the relevant Manager will attempt to resolve the matter within
twenty four (24) to seventy two (72) hours depending on urgency. At this stage the
grievance or dispute must be officially documented in the Grievance/Dispute Log.

(4) If the grievance or dispute is still unresolved the matter shall be reported to the Manager
Human Resources who shall confer with the Employee's chosen representative and
relevant Parties involved to take appropriate action to resolve the matter in ten (10)
working days. Clear and agreed timelines will be communicated for resolution at this
stage to Parties involved. At any time while exercising the functions under Stage 3, the
Manager Human Resources may delegate their functions under this clause to a person
in the Human Resources team who they consider is suitable qualified.

(5) If a dispute is unable to be resolved at the workplace, and all agreed steps for resolving
it have been taken, the dispute may be referred to the FWC for resolution by mediation
and/or conciliation and where the matter in dispute remains unresolved, arbitration. If
arbitration is necessary, the FWC may exercise all of its powers under the FW Act.

(6) Following any mediation/conciliation of matters before the FWC the relevant Parties
will undertake to provide a Memorandum of Understanding regarding the outcome of
such meetings to ensure clarification.

(7) Whilst the above procedure is being followed, work will continue as normal in
accordance with the Employee's contract of employment, except where there is an issue
where people's physical health and/or safety would be at risk.

(8) An Employee at any stage of the process may elect to have a support person or
representative present for the purposes of this procedure.

[15]
 (9) No Party to a dispute may make an application to the FWC for costs.

3.14 Disciplinary Procedure

(1) Disciplinary action will be taken against Employees for violation of operational
procedures, safety policies or misconduct.
(2) The purpose of the disciplinary procedure is to provide a fair and consistent approach
to disciplinary matters.
(3) At any level of the disciplinary procedure the Employee shall have the opportunity to
express their point of view and can request the presence of an Employee's chosen
representative.
(4) Depending upon the severity of the disciplinary matter, the disciplinary procedure may
be accessed at any level.
Level 1

(a) The Employee will be counselled;

(b) The discussion will be documented via a "Corrective Counselling Record" which will
remain on the Employee's personal file for twelve (12) months.
Level 2

(a) The Employee will be counselled or suspended from work with no pay up to a
maximum of five (5) rostered working days and will be formally warned that any
further violations of the relevant operational procedure or safety policy within a twelve
(12) month period may result in their dismissal or further suspension.

A rostered working day for the purpose of this clause is Monday to Sunday (inclusive)
that an Employee is ordinarily required to attend work.

Calendar day shall mean any day Monday to Sunday.

Working days will have the following interpretation:

- Day workers will have the meaning as per the FWA meaning a day that is not a
Saturday, a Sunday or a public holiday.

- Shift Workers will have the meaning of any calendar day.

- Seven Day Continuous Day Workers will have the meaning of any day that is not
a public holiday.

(b) A written letter to that effect will be given to the Employee and placed on their personal
file.

Level 3

(a) The Employee will be suspended from work with no pay up to a maximum of five
(5) working days or dismissed.

(b) This Level would apply to continuing problems from a Level 2 warning as well as more
serious first offences e.g. fighting, theft etc.
[16]
 (c) A written letter to that effect will be given to the Employee and placed on their personal
file.

3.15 Individual Flexibility

(1) DBCT P/L and an Employee covered by this Enterprise Agreement may agree to make
an individual flexibility arrangement to vary the effect of terms of the Agreement if:
(a) the Agreement deals with the following matter:
(i) when work is to be performed;
(ii) the span of ordinary hours;
(iii) transition to retirement;
(iv) allowances; and
(v) Ships Lines.
(b) the arrangement meets the genuine needs of DBCT P/L and Employee in
relation to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by DBCT P/L and Employee.
(2) DBCT P/L must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under Section 172 of the FW Act; and
(b) are not unlawful terms under Section 194 of the FW Act; and
(c) result in the Employee being better off overall than the Employee would be if
no arrangement was made.
(3) DBCT P/L must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of DBCT P/L and the Employee; and
(c) is signed by DBCT P/L and the Employee and if the Employee is under 18
years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of this Enterprise Agreement that will be varied by the
arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms and
conditions of their employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
(4) DBCT P/L must give the Employee a copy of the individual flexibility arrangement
within 14 days after it is agreed to.
(5) DBCT P/L or the Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other Party to the
arrangement; or

(b) if DBCT P/L and Employee agree in writing — at any time.

[17]
PART 4 — HOURS OF WORK

4.1 Ordinary Hours of Work

(1) Day Workers

(a) The Ordinary Hours of Work of day workers shall be based on a 35 hour week
averaged over any four (4) consecutive weeks, and worked between 6:00a.m. to
6:00p.m. Mondays to Fridays, inclusive.

(b) The working of ordinary hours greater than ten (10) hours per day will be by
agreement with the Employees Immediate Manager.

(c) If Ordinary Hours of Work are changed to require work outside of 6:00a.m. to
6:00p.m. these hours are factored at the rate of 1.75. Additional hours are not
considered as Ordinary Hours of Work and are treated as supplementary hours.

(d) If Ordinary Hours of Work are changed to require work outside of 6:00am to
6:00pm and an Employee has completed their full annual allocation of
supplementary hours for the year the hours worked will be paid as Ordinary
Hours of Work, plus the base hourly rate for each ordinary hour worked. Any
hours in excess of Ordinary Hours of Work are treated as Excess Hours.

(2) Seven Day Continuous Day Worker

(a) The Ordinary Hours of Work of seven day continuous day workers shall be
worked according to a roster which provides for 35 hours per week averaged
over a maximum 4 week cycle. The roster provides for work between 6:00am
to 6:00pm Monday to Sunday, excluding public holidays.

(b) Ordinary Hours of Work greater than ten (10) hours per day may only be worked
by agreement between the Employee and their Immediate Manager.

(c) If Ordinary Hours of Work are changed to require work outside of 6:00am to
6:00pm the hours worked will be paid as Ordinary Hours of Work, plus the base
hourly rate for each ordinary hour worked. Any hours in excess of Ordinary
Hours of Work are treated as Excess Hours.

(3) Continuous Shift Workers

The ordinary work hours of continuous shift workers shall be worked according to a
roster which provides for 35 hours per week averaged over a maximum 10 week cycle.
The roster provides for continuous 24 hour per day 7 day per week coverage, including
Sundays and public holidays.

(4) Shift Transfers

(a) Any Employee may be transferred from day work to continuous shift roster or
from continuous shift roster to day work as required and where practical at least
ten (10) hours' notice shall be given to such transfer.

[18]
 (b) Provision may be made by mutual consent between the Employees for exchange
of shifts with Immediate Manager approval.

(c) Following consultation, an Employee may be transferred between shifts

rotations on the same roster (e.g. from A shift to D shift) as required and where
practical at least fourteen (14) days’ notice shall be given to such a transfer.

(d) An Employee may be transferred to the Seven Day Continuous Day Work roster
on a temporary basis provided that the Employee is given at least 21 days’ notice
where practical and the duration of the transfer term is not less than 4 weeks, or
greater than 12 weeks. The notice period and duration of temporary period may
be varied if agreed between the Immediate Manager and the Employee.

(e) Annual stable income payments, hours of work obligations and Employee
entitlements shall be prorated for any transfers under this clause 4.1.4.

(f) Note the intent of clause (e) above is to set out the existing practice of prorating
payments and other entitlements and obligations such as annual leave accruals,
supplementary hours targets and ordinary hours for Employees who change
rosters partway through a roster year.

4.2 Meal Breaks and Crib Time

(1) Day workers and Seven Day Continuous Day Workers shall be allowed a meal break
of thirty (30) minutes which shall not be included in working time.

(2) Continuous shift workers shall be allowed a paid crib break of thirty (30) minutes.

(3) Every Employee will also be entitled to one paid rest pause of twenty (20) minutes if
working an ordinary hour roster of less than 10 hours, or thirty (30) minutes if working
an ordinary hour roster of 10 hours or greater.

(4) Employees working beyond their normal roster will be entitled to an additional break
after their rostered hours. The following paid meal breaks apply to the working of
Additional Hours including Supplementary and Excess Hours:

(a) Thirty (30) minutes after two (2) hours prior to, or following ordinary time;
(b) Thirty (30) minutes after four (4) hours when working seven (7) or more hours
on a holiday or RDO;
(c) Each four (4) hours beyond (a) and (b) above a 45 minute meal break.

4.3 Stable Income

(1) Annual Stable Income Definition

The annual stable income provides for the payment of annual remuneration in equal
instalments for all purposes including approved leave. It covers payment for ordinary
hours and additional hours (supplementary hours) based on an agreed maximum
number of additional hours.

(2) Combination of Day and Shift Work

The appropriate roster allowance will be agreed between Parties on a prorata basis.
[19]
 (3) Shift Relief Maintainers/Operators

The annual stable income for Shift Relief Maintainers/Operators will be calculated
based on 75% of the difference between the most equivalent Shift Maintainer/Operator
rate and the individuals' System Maintainer/Operator rate. This amount is then added
to the individuals' System Maintainer/Operator rate to determine their annual stable
income.

Supplementary hours are calculated using the same basis as above.

(4) Exclusions in Calculation of Stable Income

First Aid Certificate

Occupational Clothing Issues
Payments of handling ships lines out of normal working hours.

(5) Considerations in calculation of Stable Income

Ordinary Time Work in Rain

Overtime Late Lunch
Payment for Public Holidays Meal Allowances
Overtime for Public Holidays No Meal Break (First)
Weekend Penalties No Meal Break (Second)
Annual Leave Tool Allowance
Annual Leave Loading Live Sewer
Long Service Leave Training Time
Emergency Services Leave Disability Allowance
Personal Leave
Compassionate Leave
Leading Hand Allowance
Certificate Allowance (as incorporated in Career Paths)
Multi-skilled Allowance (as incorporated in Career Paths)
Service Increment Payments (as incorporated in Career Paths)

(6) Workers' Compensation

For the purposes of Workers' Compensation the rate of pay will be the stable income
appropriate to the Employee's classification within the limits prescribed from time to
time within the Workers' Compensation and Rehabilitation Act 2003 (Old).
4.4 Employee Retrenchment

(1) The benefits to Employees on retrenchment will be in accordance with Appendix 3.

4.5 Career Paths

(1) The career path for Operations Employees will be in accordance with Appendix 4.

(2) The career path for Maintenance Employees will be in accordance with Appendix 5.

[20]
4.6 Additional Hours (Supplementary Hours and Excess Hours)

(1) Supplementary Hours

(a) General
Employees will be obligated to complete their target Supplementary hours in
any EA Year except in cases of eight (8) consecutive days personal leave and
for periods of long service leave and Workers' Compensation . During these
periods supplementary hours will be reduced on a pro rata basis.
(b) Time In Lieu of Supplementary hours
Where an employee has completed their prorated targeted supplementary hours
and agrees to participate in work which is outside their rostered ordinary hours
of work, equivalent time off in lieu from future rostered ordinary hours can
apply if agreed to by the employee and their Immediate Manager.
Time off in lieu (Time in Lieu) may be accrued up to a maximum of 35 hours. Time in
Lieu is to be taken within the EA Year it was accrued. If Time in Lieu is not taken
during the period accrued, the balance will be reimbursed in accordance with the
relevant provisions of this Agreement.(c) Compulsory training, Safety meetings and
Communication meetings
Employees are required to attend compulsory and prearranged training, safety
meetings, and communication meetings unless approved leave has been
authorised. Scheduling of the above will occur in consultation with applicable
teams.
(d) Public Holidays
Supplementary hours worked on public holidays will be credited towards the
full allocation of supplementary hours at 1.75 times the number of actual hours
worked. In addition, the Employee will accrue additional time off which will
be calculated by multiplying 0.6667 by the actual number of hours worked.
(e) Selectable Supplementary Hours Target
i. All Employees will commence with the normal annual supplementary hour
target obligation for the relevant role.
ii. An Employee may submit a request to their MRU Manager for approval to
reduce the Employee’s annual supplementary hour target to a level in
Appendix 1.
iii. The request shall be submitted in writing prior to the 31st of January for
implementation on the date when the Supplementary Hours accumulation is
reset.
iv. When an Employee has chosen to reduce their supplementary hours
obligation they are not able to increase their supplementary hours obligation
at a later time other than in the following circumstances;
1. Where an Employee transfers between day work, continuous shift work
or seven day continuous day work they will adopt the normal
supplementary hour target relevant to the role as at the signing of this
Agreement.
2. Where an individual’s personal circumstances materially change and
the Employee wishes to increase their supplementary hours obligation
[21]
 they can submit a request in writing to the Executive Manager for
consideration. Approval is at the discretion of the Executive Manager.

(2) Base Rate

The base rate is equivalent to the ordinary time contained in the Considerations of the
Annual Stable Income and at the time of the commencement of this Agreement. It is
equal to the base rates set out in Appendix 1.

(3) Excess Hours

(a) Excess hours are the additional hours worked in excess of or outside of the
ordinary hours when an Employee has completed their full annual allocation of
supplementary hours for the EA Year. Payment of Excess Hours will be made
in the pay period immediately following the pay period in which the excess
hours are worked.
(b) Time In Lieu of Excess hours payment
Where an employee has completed their full annual allocation of supplementary
hours and agrees to participate in work which is outside their rostered ordinary
hours of work, equivalent time off in lieu from future rostered ordinary hours
can apply if agreed to by the employee and their Immediate Manager.
Time off in lieu (Time in Lieu) may be accrued up to a maximum of 35 hours.
Time in Lieu is to be taken within the EA Year it was accrued. If Time in Lieu
is not taken during the period accrued, the balance will be reimbursed in
accordance with the relevant provisions of this Agreement.
(c) Excess hours will be paid at:
1. Day worker - 1.75 times the base hourly rate
2. Continuous shift and seven day continuous day worker – 2 times the
base hourly rate.
(d) Public Holidays
Where an Employee has completed their full annual allocation of supplementary
hours for the year additional hours will treated as Excess Hours. Excess hours
worked on public holidays will be paid at a rate of 2.5 times the base hourly rate
for the number of hours worked.
(4) Call Outs
Employees who are called out to work after their Ordinary Hours of Work will have a
minimum of four (4) hours credited towards the Employee's Supplementary Hours or
if the Employee has completed their full annual allocation of Supplementary Hours,
will be paid a minimum of four (4) hours as Excess Hours.
(5) Compulsory Rest Period
(a) Day work Employees are entitled to ten (10) consecutive hours off duty between
the completion of work on one day and the scheduled start of work on the next
day.
(b) Where a rostered day off precedes an ordinary working day, day work
Employees are entitled to ten (10) consecutive hours off duty in the 16 hours
prior to the scheduled start of work.
(c) For continuous shift Employees ten (10) consecutive hours off duty between the
completion of one shift and the scheduled start of work of the next shift.
[22]
 (d) In cases where it is essential for an Employee to return to work without taking
a ten (10) hour break the Employee will be credited with supplementary hours
at double rate for the period worked provided their Managers' approval was
gained in advance.
If the Employee has completed their full annual allocation of Supplementary
Hours they will be paid two (2) times the base hourly rate provided their
Managers' approval was gained in advance.
4.7 First Aid Allowance

Employees who obtain and keep valid a recognised First Aid Certificate shall be paid an
allowance at the rate of $805.74 per annum. This allowance will be prorated to account for
Certificates valid for part years.

The allowance shall be fixed at the rate above for the life of this agreement.

4.8 Higher Duties Allowance

The Higher Duties Allowance is intended as additional remuneration to encourage personnel

to perform higher duties and develop them for future leadership roles.

1. A Higher Duties Allowance of $85.00 will be paid to Employees at Level 5 or below

performing an approved higher duties role. The allowance includes compensation for
additional accountabilities and flexibility associated with these roles, and shall apply for
all purposes including statutory superannuation. The allowance will only apply to persons
who have been appointed into these roles and complete these roles for 1 complete shift or
more.

2. Higher Duties Allowance is applicable by the acceptance of the full accountabilities

contained within the position description of the higher duties role.

3. The roles which are applicable to this allowance at the time of this Agreement include:
a) Operations Supervisor— Shift
b) Operations Supervisor — Services
c) Operations Specialist — Inloading
d) Operations Specialist – Outloading
e) Operations Planner and Scheduler
f) Maintenance Planners
g) Maintenance Supervisors
h) Other roles approved by the relevant Executive Manager

4. Continuous Shift Workers on shift completing the day work higher duties roles:
Continuous Shift Workers who have been requested by DBCT P/L to perform a higher
duties role in accordance with clause 4.8 (2) listed above on day work will maintain their
current shift payment whilst working on day work in lieu of the Higher Duties Allowance.

5. Continuous Shift Workers on shift completing the day shift roster higher duties roles:
Continuous Shift Workers who have been requested by DBCT P/L to perform an
approved higher duties supervisory role on day shift will maintain their current shift
payment whilst working on day shift and receive the Higher Duties Allowance.

[23]
4.9 Ships' Lines — Additional Labour, After Hours Arrangements and Payment

(1) Employees guarantee to supply labour for ships lines and whilst this occurs, DBCT P/L
guarantees the utilisation of ASI Employees and or DBCT P/L hosted apprentices
Operator Trainees for ships lines.

(2) Until such time as further consultation (as per clause 1.5 Objectives ) between the
Company and the SBU has occurred there will be no changes to the current Ships Lines
policy / procedure.

(3) The rate for ships' lines shall be $294.92 per vessel movement for up to a maximum of
four (4) hours. Where attendance exceeds four (4) hours, then further payment shall
be at the rate of $73.72 per hour or part thereof, beyond the initial four (4) hours. Where
vessels present before the end of the shift and the Employee agrees to continue working
for the purpose of ships lines they will be paid at the rate of $73.72 per hour or part
thereof. Employees required to wait after finishing work to attend vessels will be paid
the ships' lines attendance of $294.92. Personnel required to attend for ships' lines prior
to starting time, will be paid the ships' lines attendance of $294.92. The employer shall
not offer and the Employee shall not accept requests for attendance for ships' lines that
interfere with the ten (10) hour compulsory rest period.

The above rates shall be increased to $303.77 and $75.93 effective 06/03/2021 and
$308.32 and $77.07 effective 05/03/2022.

4.10 Salary Sacrifice

(1) Novated Leasing

The Company and an Employee may enter into a written agreement allowing the
Company to salary sacrifice part of the Employee's annual stable income in an
arrangement by which the Employee is provided with a vehicle pursuant to a novated
lease agreement.

Prior to entering into such an agreement all Employees are encouraged to seek
independent financial and legal advice.

If the Company and an Employee enter into a salary sacrifice arrangement in respect
of a novated lease:

(i) the Company's obligation to pay the Employee's annual stable income will be
reduced by:

(1) the amount of the Company's obligations under the novation agreement;
and

(2) any liability which the Company has in respect of fringe benefits tax
payable in respect of the arrangement.

(ii) All leave, redundancy and notice entitlements will be payable by reference to
the Employee's annual stable income calculated in accordance with clause 4.10
(1)(i) .

[24]
 (iii) All superannuation contributions will be payable on the amount equivalent to
the Employee's annual stable income prior to entering the salary sacrifice
arrangement.

(2) Superannuation

Employees may elect to have the Company make superannuation contributions on their
behalf from their before-tax income into their superannuation account.

(3) Other salary sacrifice options

The Company will continue to investigate other suitable opportunities for salary
sacrifice arrangements and subject of compliance with applicable laws, will offer
further such options.

4.11 Delegates Rights

DBCT P/L recognises and respects the Union Delegates' role within the workplace and will
provide Union Delegates with the flexibility required to enable them to carry out their
legitimate functions under the FW Act (e.g. representing Employees when requested in a
dispute resolution process).

[25]
 APPENDIX 1

1.1 Rates of Pay – Full Allocation of Supplementary Hours

Annual Stable Income ($)

Role Year
Level 1 Level 2 Level 3 Level 4 Level 4.5 Level 5 Level 6

7/03/2020 102,282 109,770 116,390 121,364 128,023

Day Work System Maintainer – Mechanical Tradesperson /
Boilermaker 6/03/2021 105,350 113,063 119,882 125,005 131,864
(180 Supplementary Hours)
5/03/2022 106,931 114,759 121,680 126,880 133,842

7/03/2020 99,433 106,712 113,148 117,983 124,455

Day Work System Maintainer – Electrical Tradesperson / HET
6/03/2021 102,416 109,914 116,543 121,522 128,189
(146 Supplementary Hours)
5/03/2022 103,952 111,562 118,291 123,345 130,112

7/03/2020 92,406 97,000 101,579

Day Work Maintenance Worker (Trades Assistant /
Serviceperson) 6/03/2021 95,178 99,910 104,626
(180 Supplementary Hours)
5/03/2022 96,606 101,409 106,195

7/03/2020 86,425 91,233 96,041 100,852 105,667 112,079

Day Work Production Operator
6/03/2021 89,018 93,970 98,922 103,878 108,837 115,441
(180 Supplementary Hours)
5/03/2022 90,353 95,380 100,406 105,436 110,470 117,173

7/03/2020 108,389 116,372 123,432 128,810

Seven Day Continuous Day Worker – Mechanical & Electrical
Tradesperson / Boilermaker / HET 6/03/2021 111,640 119,863 127,135 132,674

5/03/2022 113,315 121,661 129,042 134,664

7/03/2020 98,431 102,982 107,517

Seven Day Continuous Day Worker - Maintenance Worker
(Trades Assistant / Serviceperson) 6/03/2021 101,384 106,071 110,743

5/03/2022 102,905 107,662 112,404

7/03/2020 91,665 96,787 101,909 107,035

Seven Day Continuous Day Worker - Operator 6/03/2021 94,415 99,691 104,966 110,246

5/03/2022 95,831 101,186 106,541 111,900

7/03/2020 124,810 134,039 142,025 148,095 157,884

Shift Maintainer - Mechanical & Electrical Tradesperson
6/03/2021 128,554 138,060 146,286 152,537 162,620
(92 Supplementary Hours)
5/03/2022 130,482 140,131 148,480 154,825 165,059
7/03/2020 112,861 118,472 124,064
Shift - Maintenance Worker - (Trades Assistant /
Serviceperson) 6/03/2021 116,246 122,026 127,786
(92 Supplementary Hours)
5/03/2022 117,990 123,857 129,703

7/03/2020 119,178 127,971 135,616 141,412 143,077 150,759

Shift Relief Maintainer - Mechanical
(Level 1 to Level 5) 6/03/2021 122,753 131,811 139,685 145,654 147,369 155,282
(114 Supplementary Hours)
5/03/2022 124,594 133,788 141,780 147,839 149,579 157,611

7/03/2020 118,466 127,207 134,806 140,567 142,185 149,858

Shift Relief - Electrical
(Level 1 to Level 5) 6/03/2021 122,020 131,023 138,850 144,784 146,450 154,354
(106 Supplementary Hours)
5/03/2022 123,850 132,989 140,933 146,955 148,647 156,669

Shift Production Operator 7/03/2020 105,463 111,331 117,196 123,068 131,261 140,588
(Level 1 to Level 4 92 Supplementary Hours)
6/03/2021 108,627 114,670 120,712 126,760 135,198 144,806
(Level 5 110 Supplementary Hours)
(Level 6 120 Supplementary Hours) 5/03/2022 110,256 116,390 122,523 128,662 137,226 146,978

[26]
 APPENDIX 1 (Continued)

1.2 Rates of Pay – Reduced Supplementary Hours

Annual Stable Income ($)

Role Year
Level 1 Level 2 Level 3 Level 4 Level 4.5 Level 5 Level 6

7/03/2020 96,190 103,181 109,359 113,921 120,127

Day Work System Maintainer – Mechanical
/ Electrical Tradespeson / Boilermaker /
6/03/2021 99,076 106,276 112,639 117,338 123,731
HET
(92 Supplementary Hours)
5/03/2022 100,562 107,870 114,329 119,099 125,587

7/03/2020 86,849 91,137 95,411

Day Work Maintenance Worker (Trades
Assistant / Serviceperson) 6/03/2021 89,454 93,872 98,273
(92 Supplementary Hours)
5/03/2022 90,796 95,280 99,747

7/03/2020 81,192 85,685 90,177 94,672 99,171 105,274

Day Work Production Operator
6/03/2021 83,628 88,255 92,882 97,512 102,146 108,432
(92 Supplementary Hours)
5/03/2022 84,883 89,579 94,275 98,975 103,678 110,059

7/03/2020 121,486 130,441 138,183 144,022 153,542

Shift Maintainer - Mechanical & Electrical
Tradesperson 6/03/2021 125,131 134,354 142,329 148,343 158,148
(46 Supplementary Hours)
5/03/2022 127,008 136,370 144,464 150,568 160,520

7/03/2020 109,826 115,269 120,693

Shift - Maintenance Worker - (Trades
Assistant / Serviceperson) 6/03/2021 113,121 118,727 124,314
(46 Supplementary Hours)
5/03/2022 114,818 120,508 126,179

7/03/2020 115,162 123,626 130,977 136,496 138,047 145,518

Shift Relief Maintainer - Mechanical &
Electrical Tradesperson
6/03/2021 118,617 127,335 134,907 140,591 142,189 149,884
(Level 1 to Level 5)
(57 Supplementary Hours)
5/03/2022 120,396 129,245 136,930 142,699 144,321 152,132

Shift Production Operator 7/03/2020 102,603 108,297 113,989 119,687 126,896 135,549
(Level 1 to Level 4 - 46 Supphours)
(Level 5 - 55 Supphours) 6/03/2021 105,681 111,546 117,409 123,278 130,703 139,616
(Level 6 - 60 Supphours)
(50% Supplementary Hours) 5/03/2022 107,266 113,219 119,170 125,127 132,664 141,710

1.3 Rates of Pay – Zero Supplementary Hours

Annual Stable Income ($)

Role Year
Level 1 Level 2 Level 3 Level 4 Level 5 Level 6
7/03/2020 75,274 79,412 83,549 87,689 91,832 97,580

Day Work Production Operator 6/03/2021 77,533 81,794 86,055 90,320 94,587 100,508

5/03/2022 78,696 83,021 87,346 91,675 96,006 102,015

7/03/2020 99,221 104,868 110,202 115,697 121,882 129,815

Shift Production Operator 6/03/2021 102,198 108,014 113,508 119,168 125,539 133,709

5/03/2022 103,731 109,635 115,210 120,956 127,422 135,715

[27]
 APPENDIX 1 (Continued)

1.4 Rates of Pay – Base Hourly Rate and Excess Hour Rate

Level 1 Level 2 Level 3 Level 4 Level 5 Level 6

Excess Excess Excess Excess Excess Excess
Role Year Base Base Base Base Base Base
Hr Rate Hr Rate Hr Rate Hr Rate Hr Rate Hr Rate
Rate $ Rate $ Rate $ Rate $ Rate $ Rate $
$ $ $ $ $ $
7/03/2020 42.63 74.61 46.09 80.65 49.16 86.03 51.98 90.96 55.11 96.45
Day Work System Maintainer – Mechanical
6/03/2021 43.91 76.84 47.47 83.07 50.63 88.61 53.54 93.69 56.77 99.34
Tradesperson / Boilermaker
5/03/2022 44.57 78.00 48.18 84.32 51.39 89.94 54.34 95.10 57.62 100.83
7/03/2020 42.63 74.61 46.09 80.65 49.16 86.03 51.98 90.96 55.11 96.45
Day Work System Maintainer – Electrical
Tradesperson / HET 6/03/2021 43.91 76.84 47.47 83.07 50.63 88.61 53.54 93.69 56.77 99.34
5/03/2022 44.57 78.00 48.18 84.32 51.39 89.94 54.34 95.10 57.62 100.83
7/03/2020 38.86 68.01 40.99 71.72 43.10 75.43
Day Work Maintenance Worker (Trades
Assistant / Serviceperson) 6/03/2021 40.03 70.05 42.22 73.88 44.40 77.69
5/03/2022 40.63 71.10 42.85 74.98 45.06 78.86
7/03/2020 36.58 64.01 38.77 67.85 40.96 71.69 43.16 75.53 45.36 79.38 47.55 83.22
Day Work Production Operator 6/03/2021 37.67 65.93 39.93 69.88 42.19 73.84 44.45 77.79 46.72 81.76 48.98 85.71
5/03/2022 38.24 66.92 40.53 70.93 42.83 74.95 45.12 78.96 47.42 82.99 49.71 87.00
Seven Day Continuous Day Worker – 7/03/2020 42.63 85.26 46.09 92.18 49.16 98.31 51.98 103.96
Mechanical & Electrical Tradesperson / 6/03/2021 43.91 87.82 47.47 94.94 50.63 101.26 53.54 107.07
Boilermaker / HET 5/03/2022 44.57 89.14 48.18 96.36 51.39 102.78 54.34 108.68
Seven Day Continuous Day Worker - 7/03/2020 38.86 77.72 40.99 81.97 43.10 86.20
Maintenance Worker 6/03/2021 40.03 80.06 42.22 84.43 44.40 88.79
(Trades Assistant / Serviceperson) 5/03/2022 40.63 81.26 42.85 85.70 45.06 90.12
7/03/2020 36.58 73.15 38.77 77.54 40.96 81.93 43.16 86.32
Seven Day Continuous Day Worker -
Operator 6/03/2021 37.67 75.35 39.93 79.87 42.19 84.39 44.45 88.91
5/03/2022 38.24 76.48 40.53 81.07 42.83 85.65 45.12 90.24
7/03/2020 42.63 85.26 46.09 92.18 49.16 98.31 51.98 103.96 55.11 110.23
Shift Maintainer - Mechanical & Electrical
Tradesperson 6/03/2021 43.91 87.82 47.47 94.94 50.63 101.26 53.54 107.07 56.77 113.54
5/03/2022 44.57 89.14 48.18 96.36 51.39 102.78 54.34 108.68 57.62 115.24
Shift - Maintenance Worker - (Trades 7/03/2020 38.86 77.72 40.99 81.97 43.10 86.20
Assistant / Serviceperson) 6/03/2021 40.03 80.06 42.22 84.43 44.40 88.79
5/03/2022 40.63 81.26 42.85 85.70 45.06 90.12
7/03/2020 42.63 85.26 46.09 92.18 49.16 98.31 51.98 103.96 55.11 110.23
Shift Relief Maintainer - Mechanical
(Level 4.5 to use Level 4 Excess Hour Rate) 6/03/2021 43.91 87.82 47.47 94.94 50.63 101.26 53.54 107.07 56.77 113.54
5/03/2022 44.57 89.14 48.18 96.36 51.39 102.78 54.34 108.68 57.62 115.24
7/03/2020 42.63 85.26 46.09 92.18 49.16 98.31 51.98 103.96 55.11 110.23
Shift Relief Maintainer - Electrical
(Level 4.5 to use Level 4 Excess Hour Rate) 6/03/2021 43.91 87.82 47.47 94.94 50.63 101.26 53.54 107.07 56.77 113.54
5/03/2022 44.57 89.14 48.18 96.36 51.39 102.78 54.34 108.68 57.62 115.24
7/03/2020 36.58 73.15 38.77 77.54 40.96 81.93 43.16 86.32 45.36 90.72 47.55 95.10
Shift Production Operator 6/03/2021 37.67 75.35 39.93 79.87 42.19 84.39 44.45 88.91 46.72 93.44 48.98 97.96
5/03/2022 38.24 76.48 40.53 81.07 42.83 85.65 45.12 90.24 47.42 94.84 49.71 99.43

[28]
 APPENDIX 2

Prior to amending or changing the Early Dispatch Allowance, the Company will consult affected
Employees and their representatives. However, the provision of the Early Dispatch Allowance is not
itself a term of this Agreement.

[29]
 APPENDIX 3

EMPLOYEE RETRENCHMENT POLICY

RETRENCHMENT

Retrenchment may arise where:

• the role no longer exists, or has changed to the extent that the Employee no longer has the
skills to fill the role and could not develop the skills or qualities within a reasonable time frame
(the time normally taken to develop that skill); and

• there is no other suitable role for the Employee.

Retrenchment provisions do not apply in situations where:

• an Employee is terminated for poor performance. (These situations would be progressed

through the disciplinary procedures as the remedial actions are within the person's control).

• an Employee is offered but declines to accept an alternative suitable role; an alternative

suitable role would be one which continues to use the Employees' core skills.

RETRENCHMENT PROVISIONS

Notice

One months notice of retrenchment (or statutory minimum if greater), or payment in lieu. Employees
would normally work the notice period, however this could be waived if the Manager considers it
would be in the best interests of the Company and the Employee to do so. By mutual agreement
reasonable time off to attend for outplacement services will be provided.

Retrenchment Pay

• 3 months pay (13 weeks) plus

• One twenty-fourth (1/24) of the Stable Income rate per year of service, rounded to the next
whole year.

Statutory Termination Payments

• Accrued annual and long service leave entitlements.

Other Termination Payments

• Pro-rata long service leave is paid as an ex-gratia payment where a statutory entitlement does
not exist.

• Accrued (unused) personal/carer's leave

[30]
Superannuation

• Benefits will be "dealt with" consistent with Trust Deed Provisions at the time of retrenchment.

Outplacement Assistance

• A retrenched Employee will be provided access to an Outplacement Program with a Company

designated consultant.

Financial Advice

The Company will reimburse up to $392 of the cost of financial advice from a Financial Planner of
the Employee's choice.

Consultation

Decisions will only be made following consultation with affected Employees.

Term

This Retrenchment Policy will operate for the duration of the Agreement.

[31]
 APPENDIX 4

OPERATIONS CAREER PATH

Applicable to:

• Operators
• Operators –Day Worker

• Relief Operations Controllers — (3 year appointment)

• Operations Trainers
• Operations Controllers
• Relief Operations Supervisors — (3 year appointment)

Core competencies of this career path have been listed to ensure Employees are aware of the core
skills which they will be required to complete and maintain to ensure the terminal operates efficiently
and effectively.

Career Path Principles

1. Progression through career path levels is a combination of competency and time based for
level 1 to 4, and by appointment for level 5 and 6.

2. Other competencies relevant to DBCT P/L operations can be added or removed from the
competencies list by agreement.

3. Employees will undertake training required to enable the shift teams to operate safely, flexibly
and productively.

4. An operations training plan will be developed in consultation with shift teams. This training
plan will identify minimum numbers per shift for supplementary skills.

5. Supplementary skills identified will not be available to all personnel. DBCT P/L will
determine the appropriate numbers required to ensure operations can be effectively
maintained. Distribution of skills will be determined in consultation with the teams and based
on the objectives of this Agreement (Part 1 Clause 1.5). This means maintenance of all current
supplementary skills cannot be supported by DBCT P/L.

6. Training identified by DBCT P/L as part of the operations training plan and completed outside
of normal shift roster will be claimed against supplementary hours.

7. All external provided competencies are to be completed in the Employee's own time, unless
the competencies is required by the company, in which case the training will be completed in
company time.

8. All operators will complete all requirements for Level 3 within 4 years.

9. Any operator that cannot complete all core competencies will be reviewed on an individual
case basis.

10. Assessing by Operations Trainers will be carried out across shifts on a as needs basis after
consultation with the Operations Supervisor.

[32]
11. Where an appointment to level 5 or level 6 has been approved, and the required competencies
and have not been achieved, a period of two years will be granted to achieve those
competencies otherwise the appointment will be reviewed.

12. Operations Trainers are to maintain a current Certificate IV in Training and Assessment to
maintain appointed to this role.

13. The career path will be managed with principles of fairness and equity any unresolved issues
can be managed via the grievance and dispute settlement procedure.

14. An Operator transferring from shift to day operations will do so on an equivalent level
applicable to levels 1 to 4. An Operator transferring from day to shift operations will be
considered on a case by case basis with acknowledgement by both the transferring Operator
and DBCT P/L that core competencies must be satisfied at all levels.

Shift Operators Career Path Framework

Rates of Pay Description of Competencies required and progression method Minimum

Level Time as a
Operator
Level 1 New operator Starting Level
Level 2 Employee has accumulated employment in the role of an Operator at 6 months
DBCT for 6 months. The Employee must have completed at least one
Operations ore competency.
Level 3 Employee has accumulated employment in the role of an operator at 2 years
DBCT for 2 years. The Employee must have completed all Operations
core competencies.
Level 4 Employee has been competent at level 3 for 2 years and accumulated 4 years
employment in the role of an Operator at DBCT for a minimum of 4
years.
The Operator will be competent in all required aspects of terminal
operations.
Level 5 By Appointment
. Operations Trainers
• Certificate IV Training & Assessing N/A
Relief Operations Controller: (3 year appointment):
• Safe Bulk Loading Practice (or equivalent)
Level 6 By Appointment N/A
Operations Controller
• Safe Bulk Loading Practice (or equivalent)
Relief Operations Supervisor: (3 year appointment):
• Certificate IV Frontline Management (or equivalent)

[33]
Roles by Appointment

The following positions are made by appointment only. The appointment may be made following a
call for expressions of interest.

Level 5 roles

• Relief Operations Controller

• Operations Trainer

Level 6 roles

• Relief Operations Supervisor — Shift

• Operations Controller

These positions require special skills, duties, knowledge and or competencies. All positions are held
on merit: if an Employee is not meeting the requirements of the appointment the appointment may be
withdrawn. These roles have additional supplementary hours allocated to them is to facilitate the
following extra duties:

1. Relief Operations Supervisors are to commence shift 30 minutes prior to normal shift
commencement time whilst relieving the Operations Supervisors. They are also expected to
provide coverage to Operations Supervisors on different shifts when required.

2. Relief Operations Controllers are to provide coverage for the Operations Controllers across all
shifts when required. They are also required to attend additional communication workshops
and training courses.

3. Operations Trainers will be required to attend additional communication workshops, maintain

training and assessment competencies and perform training and assessments across other
shifts.

4. Operations Controllers are to provide coverage for other Operations Controllers across all
shifts when required. They are also required to attend additional communication workshops
and training courses. Additional supplementary hours can be used for any normal operations
tasks that they are competent in.

Operators Skills/Competencies

The purpose of the following list is to indicate the "Operations Core Competencies" which are
mentioned in the career path progression and to identify the other skills which operators will be
expected to complete if requested by DBCT P/L. This is not an exhaustive list but is intended to give
new operators an idea of what they may be required to achieve in performing there roles as operators
at DBCT P/L.

Operations Core Modules:

• Rail Receival • Reclaiming
• Stacking • Shiploading

[34]
 Supplementary Skills:
• Roller • Confined Space
• Loader • Basic Incident Investigation
• Elevated Work Platform • Working at Heights
• HR Truck Licence • Work Permit Authoriser
• Forklift • Safe Bulk Loading Practice
• Dozer Ticket • Cert. IV in Training and Assessing
• Dogman • Cert. IV in Frontline Management
• Crane Truck • Problem solving and decision making
• Operate Overhead Crane • Authorised isolators
• Fire Fighting • WHS Training
• Boat Licence • First Aid
• Competent Assistant (switchboard • Vac Truck
rescue)

Day Operators Career Path Framework

Rates of Description of Competencies required and progression Minimum time

Pay Level method as an operator
Level 1 New Operator starting level

Level 2 Employee has accumulated employment in the role of an 6 months

Operator at DBCT for 6 months. The Employee must have
completed at least one Day Operators core competency.
Level 3 Employee has accumulated employment in the role of an 2 years
operator at DBCT for 2 years. The Employee must have
completed 4 of 7 Day Operators core competencies.
Level 4 Employee has been competent at level 3 for 2 years and 3 years
accumulated employment in the role of an operator at DBCT for
a minimum of 3 years and have completed all 7 Day Operator
core competencies. The operator will be competent in all
aspects of day operations at the terminal.
Level 5 By Appointment N/A
Trainer
• Certificate IV Training & Assessing (or equivalent)
Level 6 By Appointment N/A
Relief Operations Services Coordinator
• Certificate IV Frontline Management (or equivalent)

Day Operators Skills / Competencies

The purpose of the following list is to indicate the ‘Day Operators Core Competencies’ which are
mentioned in the career path progression and to identify the other skills which Operators will be
expected to complete if requested by DBCT P/L. This is not an exhaustive list but is intended to give
new Operators an idea of what they may be required to achieve in performing their roles as Day
Operators at DBCT P/L.

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Core Competencies:
• Loader • Conveyor (Equipment and Procedures)
• HR Truck • Site Wide Clean-up (General, Rail Receival
• Dozer Platform, Stockyard and Wharf)
• Vac Truck • Rail Receival

Supplementary Skills:

• Stacking • Fire Fighting

• Crane Truck • Cert IV TAE40104 Trainer & Assessor
• Dingo • Overhead Crane
• Excavator • Work at Heights
• Forklift • Boat Licence
• Roller • Cert IV Frontline Management
• Confined Space • WHS Training
• Roller • Waste Water Return
• Work Permits • Dogman
• Basic Incident Investigation • Contractor Management
• Authorised Isolator • First Aid
• Elevated Work Platform • Safe Bulk Loading Practice
• Reclaimer • Stacking
• Shiploading

[36]
 APPENDIX 5
MAINTENANCE CAREER PATHS
Applicable to:

• System Maintainers Electrical — (Electrical Tradesperson)

• System Maintainers Mechanical — (Mechanical Tradesperson)
• System Maintainers Boilermaker – (Fabrication Tradesperson)
• System Maintainers Higher Engineering Tradesperson (HET) — (Dual qualified
Tradesperson in both Electrical and Mechanical trades)
• Shift Maintainers — (Electrical, Mechanical and Higher Engineering Tradesperson)
• Maintenance Workers — (Servicepersons and Trades Assistants)

Career Path Implementation Principles

1. Modules will not be counted twice in the determination of points.
2. Base trade modules will not be included in the determination of level changes. With the
exception of HET maintainers progressing from level 2 to level 3.
3. Points allocated to modules are on the basis of 1 point being equivalent to 4 hours of structured
training.
4. It is recognised that modules identified in the maintenance modules list may need to be changed
and updated based on organisation and role changes. Other modules, relevant to specific roles
can be added to the module list by mutual agreement.
5. Maintenance personnel will undertake DBCT P/L specific training offered within normal work
arrangements. This includes the maintenance of skills relating to modules used in career path
progression.
6. Electives modules are to be selected in mutual agreement with the work group, individual and
Manager.
7. All external modules and tertiary education are to be completed in the Employees own time.
Unless mutual agreement has been arranged.
8. Refresher training to maintain competency will not be included in the determination of level
changes.
9. Base Trade qualifications will need to be maintained at all times, refresher training associated
with the maintenance of trade qualifications will not be used in the determination of career path
level changes.
10. It is agreed that the modules and skills obtained by an Employee for career path progression will
be used when required to support their role.
11. Continuous Shift Maintainers may be eligible for progression to Level 5 following an
accumulation of an additional 150 points associated with modules approved by DBCT P/L as
being required by the business at this level, or completion of an agreed Higher Education
qualification relevant to an engineering trade. Higher Education qualifications acceptable to the
business will be defined in the Career Path framework.
12. Seven Day Continuous Day Workers will only be eligible for progression to a maximum career
path Level 4.
13. Where a Level 5 Day Work System Maintainer is directed onto the Seven Day Continous roster
and does not agree to the shift transfer, they will maintain the relevant Level 5 equivalent pay
rates for the Seven Day Continous roster.

[37]
Yr. 1 $137,324; Yr. 2 $141,444; Yr. 3 $143,565

[38]
Career Path Framework

System/Shift Maintainer (Mechanical, Electrical, Boilermaker & HET)

Levels Description of Competencies required and progression Points Accumulative

method Points

Level 1 Starting Level — Appropriate Trade

Level 2 Completion of 20 points of Core modules 20 points 20 points
Completion of Induction program and
Competency at Level 2 and
Level 3 100 points 120 points
Completion of 40 points of Core Modules, and
Completion of 60 points of modules'
Competency at level 3, and
Completion of 60 Point of modules, or
Completion of 50% of an Advanced Diploma of Engineering,
Level 4 60 points 180 points
or
Completion of a Graduate Certificate in Maintenance
Management

Competency at level 4, and

Completion of an Advanced Diploma of engineering, or
Completion of an Advanced Diploma in an alternative stream
Level 5 by mutual agreement with the Manager 150 points 330 points
Completion of a Graduate Diploma in Maintenance
management, or
150 point (approved modules only)

Maintenance Workers (Servicepersons and Trades Assistants)

Levels Description of Competencies required and progression Points Accumulative

method Points
Level 1 Starting Level
Level 2 Completion of Induction Program and 40 points of Core 40 points 40 points
modules
Level 3 Completion of Level 2 and 40 points 80 points
Completion of 40 points of Modules

Higher Engineering tradespeople (HET) will be credited these 60 elective points as recognition of
addition base trade modules. This only applies to Dual Electrical and Mechanical HET's.

Note: Maintenance Career Path modules are those identified by DBCT P/L from time to time.

[39]