AP818060

Transport Workers (Passenger Vehicles) Award 2002

AP818060CR - Transport Workers (Passenger Vehicles) Award 2002


This Fair Work Australia consolidated award incorporates all amendments up to and including 26 September 2008 (variation PR983231).

Note: This award was terminated on 29 July 2011 (see PR512465) in accordance with item 3 of Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments Act) 2009.


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

Part A

18. Service grants

24. Allowances

26. Payment of wages

28. Hours of duty

Part B - South Australia

5. Meal and rest breaks

Part C

17. Service grants

22. Allowances

32. Saturday and Sunday work

38. Trainee drivers and training on regular services


About this Award:
Printed by authority of the Commonwealth Government Printer.

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

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

AP818060CR [Pre-reform FWA Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the
Workplace Relations and Other Legislation Amendment Act 1996
(C No. 00968 of 1998)

TRANSPORT WORKERS (PASSENGER VEHICLES) AWARD 1984
(ODN C No. 00250 of 1993)
[Print F7434 [T0091CR]]

Various employees
Private transport industry


SENIOR DEPUTY PRESIDENT HARRISON
SYDNEY, 28 AUGUST 2002


Award simplification.

ORDER


A. Further to the decision issued by the Commission on 28 August 2002 [PR921895], the above award is varied as follows:

By deleting all clauses, schedules and appendices and inserting the following:

1. TITLE

The title of this award is the Transport Workers (Passenger Vehicles) Award 2002.

2. ARRANGEMENT

[2 amended by PR969468]


This award is arranged as follows:

  1. Title
  2. Arrangement [PR969468]


PART A

Part 1 - Application & Operation

  1. Title
  2. Arrangement [PR969468]
  3. Anti-discrimination
  4. Definitions
  5. Commencement and duration of award
  6. Parties bound and application [PR954276]
  7. Relationship with other awards
  8. Award to be exhibited
  9. Notice board


Part 2 - Enterprise flexibility

  1. Flexibility
  2. Index of facilitative provisions
  3. Settlement of disputes [PR952075]


Part 3 - Employment relationship

  1. Contract of employment [PR969468]
  2. Notice of termination [PR950492]
  3. Redundancy [PR950492]


Part 4 - Rates of pay and related matters

  1. Limitation of payment
  2. Rates of pay [PR960402]
  3. Service grants [PR983231]
  4. Arbitrated safety net adjustments [PR960402]
  5. Federal minimum wage [PR960402]
  6. Juniors
  7. Supported wage [PR969468]
  8. Mixed functions
  9. Allowances [PR983231]
  10. Accident make-up payment
  11. Payment of wages [PR983231]
  12. Superannuation [PR947483]


Part 5 - Hours of work, shift work, breaks and overtime

  1. Hours of duty [PR983231]
  2. Meal and rest breaks
  3. Rosters
  4. Shift work (other than employees engaged in two-driver operations)
  5. Saturday and Sunday work
  6. Overtime (overtime other than in respect of employees engaged on two-driver operations) [PR939390]


Part 6 - Leave and public holidays

  1. Annual leave [PR969468]
  2. Personal leave [PR969468]

35A. Bereavement leave [PR969468]

  1. Jury service
  2. Parental leave [PR969468]
  3. Public holidays [PR951411]


Part 7 - Training

  1. Trainee drivers and training on regular services


PART B - SOUTH AUSTRALIA

Part 1 - Application & Operation

  1. Application and operation


Part 2 - Rates of pay and related matters

  1. Juniors


Part 3 - Hours of work, breaks and overtime

  1. Hours of work
  2. Hours of work - City of Whyalla
  3. Meal and rest breaks [PR983231]
  4. Public holidays


PART C

Part 1 - Application & operation of the award

  1. Title
  2. Arrangement [PR969468]
  3. Anti-discrimination
  4. Definitions
  5. Duration of award
  6. Parties bound and application
  7. Relationship with other awards
  8. Award to be exhibited


Part 2 - Enterprise flexibility and dispute resolution

  1. Flexibility
  2. Settlement of disputes [PR952075]


Part 3 - Employment relationship

  1. Contract of employment
  2. Casual employees [PR969468]
  3. Notice of termination [PR950492]
  4. Redundancy [PR950492]


Part 4 - Rates of pay and related matters

  1. Limitation of payment
  2. Wage rates [PR960402]
  3. Service grants [PR983231]
  4. Arbitrated safety net adjustments [PR960402]
  5. Juniors
  6. Supported wage [PR969468]
  7. Mixed functions
  8. Allowances [PR983231]]
  9. Uniforms and protective clothing
  10. Accident pay make-up
  11. Payment of wages
  12. Superannuation [PR947483]


Part 5 - Hours of work, shift work, breaks and overtime

  1. Rest period
  2. Hours of work
  3. Rosters
  4. Saturday and Sunday work
  5. Overtime (other than casuals) [PR939390]


Part 6 - Leave and public holidays

  1. Annual leave [PR983231]
  2. Personal leave [PR969468]

33A. Bereavement leave [PR969468]

  1. Jury service
  2. Parental leave [PR969468]
  3. Public holidays


Part 7 - Training

  1. Training
  2. Trainee drivers and training on regular services [PR983231]

Schedule A1 - Respondents
Schedule A - Respondents
Schedule B - Respondents
Schedule C - Respondents
Schedule D1 - Respondents [PR923689]
Schedule D2 - Respondents [PR923689]
Schedule E - Respondents


PART A
PART 1 - APPLICATION & OPERATION

1. TITLE

The title of this award is the Transport Workers (Passenger Vehicles) Award 2002.

2. ARRANGEMENT

[Pt A:2 amended by PR927525 PR969468]


The Part is arranged as follows:

Part A

Part 1 - Application & Operation

  1. Title
  2. Arrangement [PR969468]
  3. Anti-discrimination
  4. Definitions
  5. Commencement and duration of award
  6. Parties bound and application [PR954276]
  7. Relationship with other awards
  8. Award to be exhibited
  9. Notice board


Part 2 Enterprise flexibility

  1. Flexibility
  2. Index of facilitative provisions
  3. Settlement of disputes [PR952075]


Part 3 Employment relationship

  1. Contract of employment [PR969468]
  2. Notice of termination [PR950492]
  3. Redundancy [PR950492]


Part 4 Rates of pay and related matters

  1. Limitation of payment
  2. Rates of pay [PR960402]
  3. Service grants [PR978811]
  4. Arbitrated safety net adjustments [PR960402]
  5. Federal minimum wage [PR960402]
  6. Juniors
  7. Supported wage [PR969468]
  8. Mixed functions
  9. Allowances [PR978811]
  10. Accident make-up payment
  11. Payment of wages [PR978811]
  12. Superannuation [PR947483]


Part 5 Hours of work, shift work, breaks and overtime

  1. Hours of duty [PR978811]
  2. Meal and rest breaks
  3. Rosters
  4. Shift work (other than employees engaged in two-driver operations)
  5. Saturday and Sunday work
  6. Overtime (overtime other than in respect of employees engaged on two-driver operations) [PR939390]


Part 6 Leave and public holidays

  1. Annual leave [PR969468]
  2. Personal leave [PR969468]

35A. Bereavement leave [PR969468]

  1. Jury service
  2. Parental leave [PR969468]
  3. Public holidays [PR951411]


Part 7 Training

  1. Trainee drivers and training on regular services


3. ANTI-DISCRIMINATION

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

3.2 Accordingly, in fulfilling their obligation under the Settlement of Disputes Procedure, the respondents must make every endeavour to ensure that neither the Award provisions nor their operation are directly or indirectly discriminatory in their effects.

3.3 Nothing in this clause is taken to affect:

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

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

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

3.3.4 the exemption in s170CK(3) and (4) of the Act.


4. DEFINITIONS

4.1 “Casual Employee” shall mean an employee engaged as such under this Award and paid on an hourly basis; provided that, where an employee is employed under this Award by any respondent thereto for more than 50 hours in any period of fourteen consecutive days, they shall be deemed to have been a weekly employee during that period for all purposes of this Award.

4.2 “Employee” shall mean any person engaged to perform work in any classification contained in this Award; but shall not include the driver of a passenger vehicle who is solely engaged in the carriage of school children to and/or from school under contract to the Education Department of Tasmania.

4.3 “Official of the Union” shall mean, the Federal Secretary, Federal Assistant Secretary, Branch Secretaries and such persons as certified in writing as such by the Federal Secretary or the Branch Secretaries of the appropriate Branch.

4.4 “Passenger Vehicle” shall mean any motor vehicle used for carrying passengers which is capable of carrying eight or more such passengers or persons in addition to the driver.

4.5 “Union” shall mean the Transport Workers’ Union of Australia.

4.6 For the purposes of this clause “year” means the period from the date of commencement of an employee’s service to the anniversary of such date in each subsequent twelve months employment.

4.7 “Car/limousine” shall mean any motor vehicle capable of carrying less than eight persons and used for hire or reward but excluding motor vehicle used for private purposes or taxi operations.

4.8 “Coach Attendance Grade I” shall mean an employee who is employed to travel on coach tours in the capacity of courier and/or tour escort and to carry out duties associated with such tours excluding driving duties.

4.9 “Coach Attendant Grade II” shall mean an employee who is employed to travel on camping or safari tours for the purpose of purchasing, supply and preparation and/or other duties associated with the supply of daily meals for passengers travelling on such tours, provided that driving duties shall not be included in such other associated duties.

4.10 “Loader/Freight Receiver” shall mean an employee working in a bus depot whose duties may include loading and unloading goods, baggage and general freight on to or from road vehicles and including receiving, checking and sorting of such goods, baggage and general freight and performing clerical duties incidental and associated with such work.

4.11 “Yardman/Cleaner/Greaser/Refueller” shall mean an employee employed in a bus depot whose duties may include general yard and vehicle cleaning, greasing, refuelling, parking vehicles and performing other duties incidental and associated with such work.

4.12 “Long distance express work” shall mean work performed on scheduled passenger express intercity services.

4.13 “Two-driver operation” shall mean any express, charter or tour operation upon which a driver is employed with another driver in a two driver team and required to share the driving and associated duties for the whole or substantial part of that operation (but shall not include a related feeder or shuttle service driven by another driver).

4.14 “Coach Attendant Long Distance Express” shall mean an employee who is employed to travel on long distance express coaches for duties associated with the supply of snacks and refreshments for passengers travelling on such services, provided that driving duty shall not be included in such duties.


5. COMMENCEMENT AND DURATION OF AWARD

This award will operate from the beginning of the first pay period to commence on or after 28 August 2002 and will remain in force for a period of six months.

6. PARTIES BOUND AND APPLICATION

[Pt A:6.1 corrected by PR927525 ppc 28Aug02]

6.1 This award applies to the employment in any part of Australia of employees of respondents to this award whose place of employment is situated in Victoria, Tasmania, South Australia, Western Australia, Queensland, the Northern Territory, the Australian Capital Territory or New South Wales, provided only that Parts A and B of the Award apply with respect to South Australian respondents.

6.2 This Award is binding on the Transport Workers’ Union of Australia and its members and the employers listed in the following Schedules:

6.2.1 employers in Group “A1” of the Schedule in so far as all their operations are concerned except for those operations crewed by New South Wales based employees; and

6.2.2 employers listed in Group “A” of the Schedule in so far as all their operations are concerned; and

6.2.3 employers listed in Group “B” in so far as their interstate operations are concerned; and employers listed in Group “C” in so far as all their South Australian Operations are concerned.

6.2.5 Employers listed in Schedule D(1) and (2) in so far as all their Victorian operations are concerned.

6.3 This Award will also apply to the organizations of employers set out in Schedule E hereto and on the members of those organizations in respect of the employment by them of employees whether members of the Union or not, employed on work to which this Award applies, in respect to their interstate operations, unless the member is a named respondent in 6.1 (I), 6.1 (ii), 6.1 (iii) or 6.1 (iv) hereof.

Provided that neither Deluxe Operations Pty. Ltd. nor Deluxe Coachlines Pty. Ltd. shall, by the operation only of this subclause, become bound by this Award.

6.4 This Award shall also be binding upon the Motor Transport and Chauffeurs Association and its members employed in classifications and engaged in the State of Victoria.

[Pt A:6.5 inserted by PR954276 ppc 28Aug02; corrected by PR954276 ppc 28Aug02]

6.5 In spite of anything else in this Award, Part A of this Award will have no application to Murrays Charter Coaches and Travel Services Pty Ltd in respect of its Victorian Operations. Part C of the Award shall apply to Murrays Coaches and Travel Services Pty Ltd with respect to all of its operations in the State of Victoria to the exclusion of all other obligations contained in this Award.


7. RELATIONSHIP WITH OTHER AWARDS

7.1 Supersession

This award supersedes the following awards but no rights, obligations or liabilities incurred or accrued under any such awards will be affected by such supersession:

  • Transport Workers (Passenger Vehicles) Award 1984
  • Transport Workers (Passenger Vehicles) (Roping –in No.1) Award 1985
  • Transport Workers (Passenger Vehicles) (Roping-in No. 2) Award 1985
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1986
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1987
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1988
  • Transport Workers (Passenger Vehicles) (Roping-in No. 2) Award 1988
  • Transport Workers (Passenger Vehicles) (Roping-in No. 3) Award 1988
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1989
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1990
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1991
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1994
  • Transport Workers (Passenger Vehicles) (Roping-in No. 2) Award 1994
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1995
  • Transport Workers (Passenger Vehicles) (Roping-in No. 2) Award 1995
  • Transport Workers (Passenger Vehicles) (Roping-in No. 3) Award 1995
  • Transport Workers (Passenger Vehicles) (Roping-in No. 4) Award 1995
  • Transport Workers (Passenger Vehicles) (Roping-in No. 5) Award 1995
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1996
  • Transport Workers (Passenger Vehicles) (Roping-in No. 2) Award 1996
  • Transport Workers (Passenger Vehicles) (Roping-in No. 3) Award 1996
  • Transport Workers (Passenger Vehicles) (Roping-in No. 4) Award 1996
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1997
  • Transport Workers (Passenger Vehicles) (Interim Roping-in No. 1) Award 1998
  • Transport Workers (Passenger Vehicles) (Interim Roping-in No. 2) Award 1998
  • Transport Workers (Passenger Vehicles) (Interim Roping-in No. 3) Award 1998
  • Transport Workers (Passenger Vehicles) (Interim Roping-in No. 4) Award 1998
  • Transport Workers (Passenger Vehicles) (Interim Roping-in No. 5) Award 1998
  • Transport Workers (Passenger Vehicles) (Interim Roping-in No. 1) Award 1999
  • Transport Workers (Passenger Vehicles) (Interim Roping-in No. 1) Award 2000
  • Transport Workers (Passenger Vehicles) (Interim Roping-in No. 2) Award 2000

7.2 National training wage

A party to this award must comply with the terms of the National Training Wage Award 2000, as varied, as though bound by clause 4 of that award.


8. AWARD TO BE EXHIBITED

A copy of this award and any variations to the award will be posted and kept posted on the notice board provided for in clause 9.

9. NOTICE BOARD

The employer will permit a notice board to be erected in the workplace to facilitate communication between employees and/or their union representatives.

PART 2 ENTERPRISE FLEXIBILITY
10. FLEXIBILITY

10.1 Enterprise flexibility

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

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

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

10.1.2 For the purpose of the consultative process the employees may nominate the union or another to represent them.

10.1.3 Where agreement is reached an application may be made to the Commission.


11. INDEX OF FACILITATIVE PROVISIONS

11.1 Agreement to vary award provisions

11.1.1 This Award contains facilitative provisions that allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or enterprise level. The facilitative provisions are identified below.

11.1.2 The specific Award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligation nor should they result in unfairness to employees covered by this Award.

11.1.3 If employees are eligible to be members of a union:

11.1.3(a) they may be represented by the Union in meeting and conferring with the employer about the implementation of the facilitative provisions.

11.1.3(b) the Union may be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of a facilitative provision.

11.2 Facilitation by majority agreements

The following provisions can be utilised upon agreement between the employer and the majority of employees in the workplace or part of it:

Subject Matter
Clause Number


Public Holidays – substitute holidays
38.1.5

11.3 Facilitation by individual agreement

The following facilitative provisions can be utilised upon agreement between the employer and individual employees:

Subject Matter
Clause Number


Annual leave – how leave to be taken
34.4
Annual leave – annual leave in advance
34.5

11.4 Dispute over facilitation

In the event that a dispute or difficulty arises over the implementation or cooperation of a facilitative provision, the matter will be handled in accordance with the Settlement of Disputes Procedure.


12. SETTLEMENT OF DISPUTES

In the event of a dispute arising in the workplace the procedure to be followed to resolve the matter will be as follows:

12.1 The employee and the supervisor shall meet and confer on the matter.

12.2 If the matter remains unresolved the parties shall arrange for further discussions between the employee and his or her union or other representative, if any, and more senior levels of management.

12.3 If the matter is still not resolved representatives of the employer and the union or other employee representatives shall meet and confer on the matter. The employer shall approve reasonable paid time for a union delegate acting as the union representative to perform his or her duty under this procedure.

12.4 If the matter cannot be resolved it may be referred to the Australian Industrial Relations Commission.

12.5 Where the above procedures are being followed, work shall continue normally. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause.

12.6 Dispute resolution training leave

12.6.1 Each eligible employee representative will be entitled to, and the employer will grant, up to five days training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this Award, or with any relevant certified agreement which provides it is to read in conjunction with this Award and the Workplace Relations Act 1996.

12.6.2 A union delegate or the union shall give the employer six weeks of notice of his/her intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.

12.6.3 The notice to the employer shall include details of the type, content and duration of the course to be attended.

12.6.4 The taking of such leave shall be arranged having regard to the operational requirements of the employer, with the object of ensuring the least practicable effect of the eligible representative’s absence on those requirements.

12.6.5 An employee union delegate taking such leave shall be paid all ordinary time earnings which normally become due and payable during the period of leave, to be calculated in accordance with clause 17 of this Award.

12.6.6 Leave of absence granted pursuant to this clause shall count as service for all purposes of this Award.

12.6.6.1 A dispute in relation to the granting of leave to an employee for the purpose of attending a course which is not an agreed course; or

12.6.6.2 a dispute concerning an alleged inability to make adequate staffing arrangements;

shall be resolved in accordance with the procedure set out in clause 12 provided that the procedure can be activated for this purpose either by any such organisation of employees or by the employer concerned.

If the disputes procedure is not so activated by or on behalf of the relevant employer within seven days of the receipt of the notice of intention to attend the course and take leave, the leave is to be granted.

12.6.7 For the purpose of this clause, an eligible employee representative:

12.6.7.1 Is a shop steward; a delegate; or an employee representative duly appointed or elected by the employees in a workplace generally or collectively for all or part of a workplace; who,

12.6.7.2 is within the class and number of representatives entitled to a grant of five days paid dispute resolution procedure training leaving according to the following scale.

No. of full-time, part-time or casual employees with six months or more service covered by this award
Max No. of eligible employees representatives entitled
5-15
1
16-30
2
31-50
3
51-100
4
101 and over
5

Provided that if the maximum number of employee representative is exceeded at any particular time for the relevant workplace, the more senior of the employee representatives otherwise eligible, or the employee representative nominated by that person shall be the eligible employee representative.

Provided further that, an eligible employee representative who is appointed or elected to replace another representative shall not be entitled in the first nine months of being such a representative to take leave under this clause in excess of the residue if any of the entitlement of his/her or predecessor; or, if more than one representative is being replaced, in excess of the average of residual unused entitlements of the retiring representatives in the 12 months preceding the eligible employee representative’s commencement.

12.6.8 Without limiting the generality of courses that may qualify for purposes of clause 12.6, a course directed at the enhancement of the operation of the dispute resolution procedures includes a course relating to that subject matter agreed between the employer and the eligible employee representative conducted by an accredited training provider.

12.7 Redundancy disputes

[Pt A:12.7 inserted by PR952075 ppc 21Sep04]

12.7.1 Paragraphs 12.6.2 and 12.6.3 impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute). These additional obligations do not apply to employers who employ fewer than 15 employees.

12.7.2 Where a redundancy dispute arises, and if it has not already done so, an employer must provide affected employees and the relevant union or unions (if requested by any affected employee) in good time, with relevant information including:

  • the reasons for any proposed redundancy;

  • the number and categories of workers likely to be affected; and

  • the period over which any proposed redundancies are intended to be carried out.

12.7.3 Where a redundancy dispute arises and discussions occur in accordance with this clause the employer will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned.


PART 3 EMPLOYMENT RELATIONSHIP
13. CONTRACT OF EMPLOYMENT

13.1 General conditions

13.1.1 At the time of engagement an employer will inform the employee of whether the employee is engaged on a full-time or casual basis.

13.1.2 An employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent with the classification structure of this Award, provided that such duties are not designed to promote de-skilling.

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

13.1.4 Any direction issued by an employer pursuant to paragraphs 13.1.2 and 13.1.3 shall be consistent with the employer’s responsibilities to provide a safe and healthy working environment.

13.1.5 Where an employer requires an employee to give change to customers, such change shall be supplied by the employer.

13.2 Full-time employment

13.2.1 A full-time employee is a weekly employee other than a casual employee.

13.2.2 An employee who is employed for more than 50 hours in any period of fourteen consecutive days will be deemed to have been employed as a weekly employee during that period for all purposes of the award.

13.3 Casual employment

13.3.1 A casual employee means an employee engaged and paid on an hourly basis.

13.3.2 A casual employee for working ordinary time will be paid per hour one fortieth of the weekly rate prescribed by this award for the class of work he or she performs plus 20 per cent, with a minimum payment for four hours subject to 13.3.3 (c)

13.3.3 A casual employee who is solely engaged in the carriage of school children to and/or from school:

13.3.3(a) under contract to the Education Department of Victoria; or

13.3.3(b) under contract to the Northern Territory Department of Education and Science; or

13.3.3(c) in the State of South Australia whether under contract or not to the South Australian Department of Education and the Education Department of Victoria, will be paid per hour one-fortieth of the weekly rate prescribed by this award for the class of work he or she performs plus 20 per cent casual loading with a minimum payment of two hours.

13.3.4 A casual employee must be paid off at the place where he or she was engaged unless the employee agrees with the employer to be paid off elsewhere.

13.4 Employees engaged in two driver operations

13.4.1 An enclosed area shall be allowed at the rear of the passenger compartment and shall conform with the following requirements:

13.4.2 That the dimensions be 198 centimetres long and not less than 53 centimetres wide.

13.4.2(a) That the compartment has at least 75 centimetres of unobstructed head room.

13.4.2(b) That the compartment is screened from floor to ceiling with translucent material and provided with airconditioning, lights and an emergency alarm buzzer.

13.4.2(c) The compartment area shall be covered with an innerspring or high density cellular rubber mattress at least 10 centimetres thick, and with pillow at least ten centimetres thick.

13.4.2(d) The compartment shall be provided with two sheets, one blanket and one pillow slip which shall be exchanged with freshly laundered items at the completion of each journey.

13.4.3 A coach fitted with a sleeping compartment that is registered under any legislation shall be deemed to conform to the requirements of clauses 2.1 and 2.4.

13.5 Absence from duty

Subject to the other provision of this award, if an employee absents himself or herself from work, the employer will be entitled to deduct from the employee’s wages an amount corresponding with the period of the absence.

13.6 Caring responsibilities – casual employees

[Pt A:13.6 inserted by PR969468 ppc 19Jan06]

Casual employees are not entitled to personal leave but subject to notice and evidentiary requirements in clause 35.5 and 35.6, casual employees are entitled to not be available to attend work or to leave work:

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

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

The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement the employee is entitled to not be available to attend work for up to 2 days per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

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


14. NOTICE OF TERMINATION

[Pt A:14 Termination of Employment title changed and substituted by PR950063 ; corrected by PR950492 ppc 27Jul04]

14.1 Notice of termination by employer

14.1.1 In order to terminate the employment of an employee the employer must give to the employee the period of notice specified in the table below:

Period of continuous service
Period of notice


1 year or less
1 week
Over 1 year and up to the completion of 3 years
2 weeks
Over 3 years and up to the completion of 5 years
3 weeks
Over 5 years of completed service
4 weeks

14.1.2 In addition to the notice in 14.1.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week’s notice.

14.1.3 Payment in lieu of the prescribed notice in 14.1.1 and 14.1.2 must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

14.1.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:

14.1.4(a) the employee’s ordinary hours of work (even if not standard hours); and

14.1.4(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and

14.1.4(c) any other amounts payable under the employee’s contract of employment.

14.1.5 The period of notice in this clause does not apply:

14.1.5(a) in the case of dismissal for serious misconduct;

14.1.5(b) to apprentices;

14.1.5(c) to employees engaged for a specific period of time or for a specific task or tasks;

14.1.5(d) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or

14.1.5(e) to casual employees.

14.1.6 Continuous service is defined in clause 34.9.

14.2 Notice of termination by an employee

14.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

14.2.2 If an employee fails to give the notice specified in 14.1.1 the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 14.1.4.

14.3 Job search entitlement

Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

14.4 Transmission of business

Where a business is transmitted from one employer to another, as set out in clause 15 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.”


15. REDUNDANCY

[Pt A:15 substituted by PR950063; corrected by PR950492 ppc 27Jul04]

15.1 Definitions

15.1.1 Business includes trade, process, business or occupation and includes part of any such business.

15.1.2 Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour.

15.1.3 Small employer means an employer who employs fewer than 15 employees.

15.1.4 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

15.1.5 Week’s pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:

  • overtime;
  • penalty rates;
  • disability allowances;
  • shift allowances;
  • special rates;
  • fares and travelling time allowances;
  • bonuses; and
  • any other ancillary payments of a like nature.

15.2 Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

15.3 Severance pay

15.3.1 Severance pay – other than employees of a small employer

An employee, other than an employee of a small employer as defined in 15.1, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

Period of continuous service
Severance pay


Less than 1 year
Nil
1 year and less than 2 years
4 weeks’ pay*
2 years and less than 3 years
6 weeks’ pay
3 years and less than 4 years
7 weeks’ pay
4 years and less than 5 years
8 weeks’ pay
5 years and less than 6 years
10 weeks’ pay
6 years and less than 7 years
11 weeks’ pay
7 years and less than 8 years
13 weeks’ pay
8 years and less than 9 years
14 weeks’ pay
9 years and less than 10 years
16 weeks’ pay
10 years and over
12 weeks’ pay

* Week’s pay is defined in 15.1.

15.3.2 Severance pay – employees of a small employer

An employee of a small employer as defined in 15.1 whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

Period of continuous service
Severance pay


Less than 1 year
Nil
1 year and less than 2 years
4 weeks’ pay*
2 years and less than 3 years
6 weeks’ pay
3 years and less than 4 years
7 weeks’ pay
4 years and over
8 weeks’ pay

* Week’s pay is defined in 15.1.

15.3.3 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.

15.3.4 Continuity of service shall be calculated in the manner prescribed by clause 34.9. Provided that service prior to 27 July 2004 shall not be taken into account in calculating an entitlement to severance pay for an employee of a small employer pursuant to 15.3.2.

15.3.5 Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004, 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004, 8 June 2004].

15.4 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 14 - Notice of Termination. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.

15.5 Alternative employment

15.5.1 An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

15.5.2 This provision does not apply in circumstances involving transmission of business as set in 15.7.

15.6 Job search entitlement

15.6.1 During the period of notice of termination given by the employer in accordance with 14.1, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

15.6.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

15.6.3 The job search entitlements under this subclause apply in lieu of the provisions of 14.3.

15.7 Transmission of business

15.7.1 The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:

15.7.1(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

15.7.1(b) Where the employee rejects an offer of employment with the transmittee:

  • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

  • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

15.7.2 The Commission may vary 15.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

15.8 Employees exempted

This clause does not apply to:

  • employees terminated as a consequence of serious misconduct that justifies dismissal without notice;
  • probationary employees;
  • apprentices;
  • trainees;
  • employees engaged for a specific period of time or for a specified task or tasks; or
  • casual employees.

15.9 Incapacity to pay

The Commission may vary the severance pay prescription on the basis of an employer’s incapacity to pay. An application for variation may be made by an employer or a group of employers.


PART 4 RATES OF PAY AND RELATED MATTERS
16. LIMITATION OF PAYMENT

Where the rostered hours of work on Saturdays, Sundays and/or public holidays are performed within the provisions of clause 28 the rostered hours worked shall be included in arriving at the 40 hours of work per week.

17. RATES OF PAY

[Pt A:17.1 substituted by PR934634; corrected by PR947094; substituted by PR948877; PR960024 ppc 13Jul05; corrected by PR960402 ppc 13Jul05]

17.1 Base rate - for Part A and Part B

Adult employees in the following classifications will be paid the following minimum rates. However, operations crewed by New South Wales based employees will be paid in accordance with the appropriate classification contained in the Transport Industry Tourist and Service Coach Drivers (State) Award.

17.1.1 Table of wage rates


Total base rate

$
GRADE 1:

Yard person/cleaner/greaser/refueller
469.40
Loader/freight receiver
473.20


GRADE 2:

Coach attendants - Daily rate (see clause 17.3)



GRADE 3:

Charter driver - car/limousine
489.80
Charter driver under 25 passengers
491.90
Driver single day tour under 25 passengers
494.70
Driver route service under 25 passengers (and school bus attendant N.T.)
494.80


GRADE 4:

Driver charter 25 passengers and over
497.90
Driver single day tour 25 passengers and over
501.50
Driver route service 25 passengers and over (and school bus attendant N.T.)
505.00
Driver daily commuters
505.00
Driver day return passenger
505.00


GRADE 5:

Driver extended tour/express long distance
511.20
Driver 650 kilometres return distance
511.20


GRADE 6:

"A" - Driver double deck - charter
506.50
"B" - Driver double deck - single day tour
509.30
extended tour express
517.40
route service
512.80
Driver articulated vehicle
515.70

17.2 Supplementary payments

In addition to base rate set out in clause 17.1 employees will receive the following supplementary payments, which apply for all purposes of the award:


$
Grade 1
46.40
Grade 2
[see clause 17.3.2]
Grade 3
47.20
Grade 4
48.20
Grade 5
49.50
Grade 6
50.70

17.3 Coach Attendants

[Pt A:17.3 substituted by PR934634 PR948877; PR960024 ppc 13Jul05; corrected by PR960402 ppc 13Jul05]

17.3.1 Coach Attendant Grade I

For all time worked on the following days employees shall be paid the following:


Per day $
Monday to Friday
98.45
Saturday
115.45
Sunday and public holidays
131.60

17.3.2 Coach Attendant Grade II

For all time worked on the following days employees shall be paid the following:


Per day $
Monday to Friday
104.05
Saturday
121.15
Sunday and public holidays
137.30


Long distance

Monday to Friday
107.50
Saturday
125.20
Sunday and public holidays
142.95

17.3.3 Clauses 24.2.1 – District allowances – Ticket allowance (Northern Territory) 28.1 – Hours of work, 29.1.1, 29.1.2, 29.1.3 – Breaks and 30 – Rosters do not apply to Coach Attendants.

17.3.4 Coach Attendants may (unless specifically notified at time of engagement) may be employed on a part-time basis for the duration of specific tours.

17.4 No deduction from wages

No deduction will be made from wages where an employee is learning the round or receiving tuition.

17.5 Exemption

The provisions for Grade 1 employees in clause 17.1 do not apply to Deluxe Coachlines Pty Ltd and Deluxe Operations Pty Ltd.

17.6 Rates of payment – employees engaged on two-driver operations

17.6.1 In addition to the rates set out in clause 17.1 employees engaged on two-driver operations will be paid the following:

17.6.1(a) Ordinary time for all hours of duty between midnight Sunday and midnight Friday.

17.6.1(b) Ordinary time plus 25% for all hours of duty between midnight Friday and midnight Saturday.

17.6.1(c) Ordinary time plus 50% for all hours of duty between midnight Saturday and midnight Sunday.

17.6.1(d) An additional eight hours at ordinary time where hours of duty encompass an award holiday other than Good Friday and Christmas Day.

17.6.1(e) Ordinary time plus 25% for all hours of duty on Good Friday and Christmas Day plus an additional eight hours at ordinary time.

17.7 Training

Following proper consultation, which may involve the setting up of training committees, the employer shall develop a training policy and program consistent with:

17.7.1 the current and future skill needs of the enterprise;

17.7.2 the size, structure and nature of the operations of the enterprise;

17.7.3 the need to develop vocational skills relevant to the enterprise and the transport industry through courses conducted by appropriate training providers.

17.7.4 Where, as a result of consultation, it is agreed by the employer that additional training in accordance with the programme developed pursuant to clause 17.7.1 should be undertaken by an employee, such training may be undertaken either on or off the job. Provided that if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.

17.7.5 Any costs associated with standard fees for prescribed courses, prescribed textbooks (excluding those textbooks which are available in the employer's technical library) and travel costs incurred in connection with the undertaking of training may be reimbursed by the employer on such terms and conditions as the employer and employee agreed are appropriate.

17.7.6 Clause 17.7.1 shall operate as an interim provision and shall be reviewed after twelve months' operation.


18. SERVICE GRANTS

[Pt A:18.1 substituted by PR934634 PR948877 PR960024; corrected by PR960402; substituted by PR975442; corrected by PR976595 PR976905; substituted by PR978811; PR983231 ppc 01Oct08]

Each of the Companies contained in Schedule "A1" of this award shall pay to their full-time drivers engaged in scheduled long distance interstate operations, the appropriate service grant as set out below:


Per week $
At the completion of one year's continuous service with the Company
8.50
At the completion of two years' continuous service with the Company
11.30
At the completion of three years' continuous service with the Company
14.10
At the completion of four years' continuous service with the Company
18.15
At the completion of five years' continuous service with the Company
27.85
At the completion of twelve years' continuous service with the Company
33.55

18.2 The service grants will be payable for the purpose of annual leave, sick leave and long service leave, but for no further purpose.


19. ARBITRATED SAFETY NET ADJUSTMENTS

[Pt A:19 substituted by PR934634 PR948877; PR960024 ppc 13Jul05; corrected by PR960402 ppc 13Jul05]


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

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

20. FEDERAL MINIMUM WAGE

[Pt A:20 substituted by PR934634; PR948877 ppc 13Jul04]


No employee will be paid less than the federal minimum wage.

20.1 Amount of federal adult minimum wage

[Pt A:20.1.1 varied by PR960024 ppc 13Jul05; corrected by PR960402 ppc 13Jul05]

20.1.1 The federal minimum wage for full-time adult employees not covered by clause 20.3 is $484.40 per week.

20.1.2 Adults employed under a supported wage clause will continue to be entitled to receive the wage rate determined by applying the percentage in the supported wage clause applicable to the employee concerned to the amount of the minimum wage specified in clause 20.1.1.

20.1.3 Adults employed as casual employees will continue to be entitled to receive the wage rate determined under the casual clause of the award. These employees must not be paid less than pro rata the minimum wage specified in subclause 20.1.1 according to the number of hours worked.

20.2 How the federal minimum wage applies to juniors

20.2.1 The wage rates provided for juniors by this award continue to apply unless the amount determined under subclause 20.2.2 is greater.

20.2.2 The federal minimum wage for an employee to whom a junior rate of pay applies is determined by applying the percentage in the junior wage rates clause applicable to the employee concerned to the relevant amount in clause 20.1.

20.3 Application of minimum wage to special categories of employee

Due to the existing applicable award wage rates being greater than the relevant proportionate federal minimum wage, this clause has no application to employees undertaking a National Training Wage Traineeship, an Australian Traineeship, a Career Start Traineeship, a Jobskills placement or an apprenticeship.

20.4 Application of federal minimum wage to award rates calculation

20.4.1 The federal minimum wage:

20.4.1(a) applies to all work in ordinary hours;

20.4.1(b) applies to the calculation of overtime and all other penalty rates, superannuation, payments during sick leave, long service leave and annual leave, and for all other purposes of this award; and

20.4.1(c) is inclusive of the arbitrated safety net adjustment provided by the Safety Net Review – Wages May 2004 decision [PR002004] and all previous safety net and national wage adjustments.


21. JUNIORS

Juniors carrying out the functions of greaser, cleaner and/or bowser attendant shall be paid at the appropriate one of the percentages specified by age in the table hereunder of the wage rate for grade 1 of the Transport Workers (Passenger Vehicles) Award 2002.

Age of employee
Percentage of grade 1


Under 19 years of age
70
19 years and under 20 years of age
80
20 years of age
full rate payable to an adult

22. SUPPORTED WAGE

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

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

22.1.2 Accredited Assessor means a person accredited by the management unit established by the Commonwealth under the Supported wage system to perform assessments of an individual’s productive capacity within the Supported wage system.

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

22.1.4 Assessment instrument means the form provided for under the Supported wage system that records the assessment of the productive capacity of the person to be employed under the Supported wage system.

22.2 Eligibility Criteria

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

22.2.2 The clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers’ compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their current employment.

22.2.3 The award does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or under s.12A of the Act, or if a part only has received recognition, that part.

22.3 Supported wage rates

[Pt:A:22.3.1 varied by PR939390; PR969468 ppc 19Jan06]

22.3.1 Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:

Assessed capacity
% of prescribed award rate


10%*
10%
20%
20%
30%
30%
40%
40%
50%
50%
60%
60%
70%
70%
80%
80%
90%
90%

(Provided that the minimum amount payable shall be not less than $62 per week).

*Where a person’s assessed capacity is 10%, they shall receive a high degree of assistance and support.

22.4 Assessment of capacity

22.4.1 For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported wage system and documented in an assessment instrument, by either:

22.4.2 the employer and a union party to the award, in consultation with the employee, or, if desired by any of these;

22.4.3 the employer and an accredited Assessor from a panel agreed by the parties to the award and the employee.

22.5 Lodgement of assessment instrument

22.5.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Commission.

22.5.2 All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the award, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

22.6 Review of assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported wage system.

22.7 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.

22.8 Workplace adjustment

An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

22.9 Trial period

22.9.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.

22.9.2 During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

[Pt:A:22.9.3 varied by PR939390; PR969468 ppc 19Jan06]

22.9.3 The minimum amount payable to the employee during the trial period shall be no less than $62 per week.

22.9.4 Work trials should include induction or training as appropriate to the job being trialled.

22.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on assessed capacity.


23. MIXED FUNCTIONS

23.1 Where an employee is required to perform two or more classes of work on any one day or shift he or she shall, for the purpose of assessing the appropriate rate of pay to be paid, the employee will be deemed to have worked throughout the whole of his or her working time on that day or shift at the class of work for which the highest rate of wage is prescribed.

23.2 An employee transferred to perform a class of work for which a lesser rate of pay is prescribed, he or she will not be paid at the lesser rate unless 1 week’s notice has been given.


24. ALLOWANCES

24.1 Medical examination allowance

If a weekly employee is required to undertake a medical examination for the purposes of obtaining a relevant licence and the employer determines the doctor who is to perform the examination, then the employer will pay the employee an allowance which is equal to the difference between the cost of the medical examination and the Medicare rebate. An employer may require an employee to submit to a medical examination upon engagement, and thereafter at the discretion of the employer. All medical evidence will be made available to the employer.

24.2 Allowances

24.2.1 District Allowances

An employee in an area which falls within the districts and towns set out below will be paid an allowance in addition to the wage rate in clause 17.1. If an employee temporarily moves into an area for more than 24 hours, the employee will receive 1/5 of the weekly allowance for each day spent within the district.

24.2.1(a) Queensland

[Pt A:24.2.1(a) substituted by PR934634 PR948877 PR960024; corrected by PR960402; substituted by PR975442 PR978811; PR983231 ppc 01Oct08]


Allowance per week $


Southern Division - Western District
1.42
Mackay Division
1.21
Northern Division - Eastern District
1.42
Western District
4.39

24.2.1(b) Western Australia

[Pt A:24.2.1(b) varied by PR934634 PR948877; corrected by PR950612; varied by PR960024; corrected by PR960402; varied by PR975442; corrected by PR976905; substituted by PR978811; PR983231 ppc 01Oct08]

Town
Per week

$
Agnew
17.80
Argyle (see paragraph 24.2.1(b)(i)
45.46
Balladonia
16.99
Barrow Island (see paragraph 24.2.1(b)(ii)
12.81
Boulder
7.15
Broome
28.05
Bullfinch
8.50
Carnarvon
14.30
Cockatoo Island
30.89
Coolgardie
7.15
Cue
17.94
Dampier
24.28
Denham
14.30
Derby
29.27
Esperance
5.54
Eucla
19.69
Exmouth
24.95
Fitzroy Crossing
35.07
Goldsworthy
16.59
Halls Creek
39.78
Kalbarri
5.80
Kalgoorlie
7.15
Kambalda
7.15
Karratha
28.59
Koolan Island
30.89
Koolyanobbing
8.49
Kununurra
45.46
Laverton
17.80
Learmonth
24.95
Leinster
17.80
Leonora
17.80
Madura
22.38
Marble Bar
42.98
Meekatharra
15.38
Mt Magnet
19.02
Mundrabilla
19.02
Newman
16.86
Norseman
14.70
Nullagine
42.88
Onslow
29.53
Pannawonica
22.79
Paraburdoo
22.52
Port Hedland
24.01
Ravensthorpe
9.44
Roebourne
32.77
Sandstone
17.80
Shark Bay
14.30
Shay Gap
16.59
Southern Cross
8.49
Telfer
40.19
Teutonic Bore
17.80
Tom Price
22.52
Whim Creek
28.32
Wickham
27.78
Wiluna
18.07
Wittenoom
38.17
Wyndham
43.16

24.2.1(b)(i) The allowance for Argyle is equal to Kununurra as an interim allowance.

[Pt A:24.2.1(b)(ii) corrected by PR927525; substituted by PR934634; PR960024 ppc 13Jul05; corrected by PR960402 ppc 13Jul05]

24.2.1(b)(ii) The allowance for Barrow Island will be half the allowance prescribed by clause 10 of the Hydrocarbons And Gas (Production and Processing Employees) Award 2002 [AW820493]. Except for the amount of the location allowance in clause 24.2.1(b) the terms of this clause will not apply where they are inconsistent with the terms of clause of the Hydrocarbons And Gas (Production and Processing Employees) Award 2002 [AW820493]

24.2.1(b)(iii) Dependants and partial dependants

Subject to clause 24.2.1(b)(iv), an employee who has:

  • a dependant will be paid double the allowance; and

  • a partial dependent will be paid the allowance plus the difference between that allowance and the amount of district or location allowance paid to the partial dependant.

24.2.1(b)(iv) Effect of free board and lodging

If an employee is provided with board and lodging by his or her employer, free of charge, the employee will be paid 66-2/3 per cent of the allowance in clause 24.2.1(b).

24.2.1(b)(v) Junior employees, casual employees, and apprentices

Subject to clauses 24.2.1(b)(iii) and 24.2.1(b)(iv), junior employees, casual employees, and apprentices receiving less than adult rate and employees employed for less than a full week will receive the proportion of the location allowance which equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.

24.2.1(b)(vi) Effect of annual leave

An employee who is on annual leave will be paid the location allowance to which he or she would be ordinarily entitled had the employee worked for that period.

24.2.1(b)(vii) Effect of other paid leave

An employee who is on long service leave or other approved leave with pay (other than annual leave) will only be paid location allowance for the period of the leave of the employee remains in the location in which he or she is employed.

24.2.1(b)(viii) Definitions

24.2.1(b)(viii)(1) Dependant means:

  • spouse or defacto spouse; or
  • a child where there is no spouse or defacto spouse

who does not receive a district or location allowance.

24.2.1(b)(viii)(2) Partial dependant means a dependant who receives a district or location allowance which is less than the location allowance to which the employee is entitled under this clause.

24.2.1(b)(ix) Location not specified

Where an employee is employed in a town or location not specified in this clause the allowance payable will be the amount agreed between the Australian Mines and Metals Association and the Confederation of Western Australian Industry or, failing agreement, as determined by the Commission. Pending any agreement or determination, the allowance payable will be equal to the district allowance in force under this award for that town or location on 1 June 1980.

24.2.1(b)(x) Indexation of allowance

Subject to the making of a General Order pursuant to s.50 of the Western Australian Industrial Relations Act 1979, that part of each location allowance representing prices will be varied from the beginning of the first pay period commencing on or after 1 July each year in accordance with the annual percentage change in the Customer Price Index (excluding housing) for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest ten cents.

24.2.1(c) Northern Territory

24.2.1(c)(i) The employee will be entitled to the following weekly allowance:


$
North of the 20th parallel of south latitude:
16.60
South of the 20th parallel of south latitude:
6.80

24.2.1(c)(ii) If an employer supplies free board and lodging to an employee, these allowances will be reduced by 50 per cent.

24.2.2 Leading hand allowance

[Pt A:24.2.2 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442 PR978811; PR983231 ppc 01Oct08]

A leading hand will be paid $31.69 per week more than the highest rate of the employees he or she supervises.

24.2.3 Long vehicles allowance

[Pt A:24.2.3 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442 PR978811; PR983231 ppc 01Oct08]

Employees who drive a passenger vehicle which is in excess of 11.28 metres in length on long distance express service work will be paid an additional $6.73 per shift.

24.2.4 Trailer allowance

[Pt A:24.2.4 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442 PR978811; PR983231 ppc 01Oct08]

Employees who drive passenger vehicles or cars/limousines to which a trailer is attached and who do not qualify for the “long vehicles” amount in clause 24.2.3 will be paid an additional amount of $2.30 per shift.

24.2.5 Ticket allowance (Northern Territory)

[Pt A:24.2.5 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442 PR978811; PR983231 ppc 01Oct08]

A driver who is required to carry tickets for issue will be paid a weekly allowance of $26.78.

24.2.6 Travelling and away from home allowance

24.2.6(a) The employer will pay the employee for the cost of accommodation or provide the employee with suitable accommodation if the employee is required to be away from home overnight.

24.2.6(b) If an employee is temporarily transferred from his or her usual place of employment to another place of employment, the employer will pay the employee for all fares and expenses incurred by the employee in connection with the transfer.

24.2.6(c) An employee subject to clause 24.2.6(b) will be paid for a maximum of eight hours out of every 24 hours of travelling time at ordinary rates.

24.2.6(d) If an employee’s services are terminated by the employer away from the employee’s home base, the employer must provide the employee with the means of returning to this home base or reimburse the employee the cost of any fares reasonably incurred in returning to his or her home base.

24.2.7 Meal allowance

[Pt A:24.2.7 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442 PR978811; PR983231 ppc 01Oct08]

During a passenger stop-over for a meal on charter, single day tour, extended tour or express long-distance route service, an employee will be supplied with a meal or be paid a meal allowance of $9.34.

24.2.8 Log book allowance

Where a weekly employee is required to purchase a log book, the employee shall be reimbursed for the cost of the log book by the employer.


25. ACCIDENT MAKE-UP PAYMENT

25.1.1 This clause shall apply to all employees other than casuals covered by this Award and it shall apply only in respect of incapacity which results from an injury received on or after the date of operation.

25.1.2 The circumstances under which an employee shall qualify for accident make-up payment are as follows:

25.1.2(a) An employer shall pay an employee accident make-up payment where the employee receives an injury for which weekly payment or compensation is payable by or on behalf of the employer pursuant to the provisions of the appropriate compensation legislation as amended from time to time.

25.1.2(b) “Accident make-up payment” means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the appropriate compensation legislation and the employee's ordinary rate of pay excluding overtime.

25.1.2(c) Accident make-up payment shall not apply in respect of any injury during the first five normal working days of incapacity.

25.1.2(d) An employer shall pay or cause to be paid accident make-up payment during the incapacity of the employee within the meaning of the said Act until such incapacity of the employee within the meaning of the said Act ceases or until the expiration of 39 weeks from the date of injury whichever event shall occur first. In the event that the employee receives a lump sum in redemption of weekly payments under the appropriate Acts, the employer’s liability to pay accident make up pay will cease from the date of the redemption.


26. PAYMENT OF WAGES

26.1 All wages and overtime will be paid in the employer’s time on a day to be fixed by the employer, but not later than Thursday of each week. Once fixed, the day must not be altered more than once in three months.

26.2 Where payment is by cash or cheque all wages must be paid enclosed in an envelope.

26.3 By agreement between the employer and a majority of employees at each depot, wages may be paid by direct electronic funds transfer into an employee’s bank (or other recognised financial institution) account.

26.4 All earnings must be paid within two days (not including Sunday) of the expiration of the week in which they accrue.

[Pt A:26.5 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442 PR978811; PR983231 ppc 01Oct08]

26.5 Subject to clause 26.1, if an employer fails to make payment to an employee as prescribed on payday, each employee will be paid $19.52 for each and every day or part day during which the default continues, unless the employer satisfactorily shows pursuant to the Settlement of Disputes procedure in clause 12 that the failure is due to some act on the part of the employee, or to circumstances not under the employer’s control and which could not reasonably have been foreseen and which the employer took reasonable steps to avoid or overcome.

26.6 Clause 26.1 does not apply to drivers unable to collect their wages due to long-distance and/or interstate operations.

[Pt A:26.7 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442; PR978811; PR983231 ppc 01Oct08]

26.7 Despite anything in this clause, an employer must pay to an employee who leaves or is dismissed all moneys due to the employee forthwith. If the employer fails to do so, the employer must pay to the employee the sum of $17.88 for each day or part of a day during which the employer remains in default.


27. SUPERANNUATION

Note: The Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2005 provides that individual employees generally have the opportunity to choose their own superannuation funds. For further information see the AIRC guidance note — Choice of Superannuation Funds and Award Provisions.

[Pt A:27.1 varied by PR947483 ppc 02Jun04]

27.1 Each employer named in Appendix A of this award shall participate in either the Bus Industry Superannuation Scheme or the TWU Superannuation Scheme or any successor scheme to these two schemes. Each such participating employer shall determine a weekly contribution to the Fund, in respect of each full-time employee who is a member of the Fund employed by that employer. The weekly contribution in respect of each such employee shall relate to each week employed or part thereof and shall be the greater of:

(a) $17.00;

or

(b) an amount equivalent to the percentages of the employee's ordinary time earnings in the particular week indicated in the table set out below:

27.2
Financial Year
Charge Percentage


%


Where employers base year payroll above $1m.




1996/97
6




1997/98 and subsequent years
in accordance with the Superannuation Guarantee (Administration) Act 1992

which means:

27.2.1(a) in respect of days ending in the financial year ending 30 June 1997 an amount equivalent to 6% of the employee's ordinary time earnings for the particular week; and

27.2.2(b) in respect of months weeks ending after 30 June 1997 an amount which is in accordance with the Superannuation Guarantee (Administration) Act 1992.

27.2.3 The participating employer shall make payments to the Trustee of contributions to the Fund on behalf of each employee member of the Fund employed by that employer on a monthly basis.

[Pt A:27.2.4 corrected by PR927525 ppc 28Aug02]

27.2.4 The choice of fund shall be determined by a majority secret ballot of employees concerned at each separate depot supervised by an Officer of the Union authorised by the Branch Secretary and a person nominated by the Executive Officer of the Bus Industry Confederation.


PART 5 HOURS OF WORK, SHIFT WORK, BREAKS AND OVERTIME
28. HOURS OF DUTY

Note: Clauses 28.1 up to and including 28.5 shall not apply to employees engaged on two driver operations.

28.1 The maximum number of ordinary time hours for any employee are

28.1.1 40 in seven consecutive days worked on any five of those days; or

28.1.2 in the case where a longer period is necessary for drivers on certain long-distance express runs, extended tours or extended charter jobs that individually exceed five consecutive days, 80 in fourteen consecutive days worked on any ten of those days.

28.2 The maximum number of ordinary time hours on any one day or shift are:

28.2.1 for shift workers eight on any one shift, which shall also be the minimum number of such hours;

28.2.2 for other employees:

28.2.2(a) nine for route-service drivers other than long-distance express drivers, with a minimum of seven such hours;

28.2.2(b) eight for all other employees,

28.3 The spread of hours for employees other than shift workers under this award will be:

28.3.1 Twelve consecutive hours in the case of route-service drivers other than long distance express drivers provided that all work performed by such drivers before 6.00 a.m. or after 6.30 p.m. shall be paid for at ordinary time rates plus fifteen per cent, such addition to be absorbed by the rates for overtime, Saturday, Sunday or award holiday work hereinafter prescribed;

28.3.2 In the case of employees employed under grade 1 as set out in clause 17 – Rates of Pay, from 6.00 a.m. to 6.30 p.m. All ordinary time hours work performed before 6.00 a.m. and after 6.30 p.m. shall be paid for at ordinary time rates plus fifteen per cent, such additions to be absorbed by the rates for overtime, Saturday, Sunday or award holiday work hereinafter prescribed;

28.3.3 In the case of all other employees, either:

(a) From 6.00 a.m. to 5.30 p.m. or

(b) From 7.00 a.m. to 6.30 p.m.

The choice of spread of hours to be determined by the employer and shall be nominated for each employee for each roster.

28.4 Ordinary time hours will be worked consecutively save for meal breaks having (except in the case of shift workers) a minimum length of 30 minutes and a maximum of one hour, except in the following circumstances:

28.4.1 In the case of a route-service driver other than long-distance express driver, the ordinary hours of duty may be broken into two but no more than two separate working periods without payment for any time not worked.

[Pt A:28.4.2 varied by PR934634 PR948877 PR960024; corrected by PR960402 ; varied by PR975442 PR978811; PR983231 ppc 01Oct08]]

28.4.2 In the case of a driver on single day charter, the ordinary hours of duty may be broken into two but not more than two separate working periods with payment as set out below for all waiting time (not being the minimum period of 30 minutes allowed for a meal break) provided that during such time no demand for work is made upon him/her and he/she is placed under no restraint as to his/her movements and is not otherwise obliged to be on call by his/her employer.

(a) $9.15 per hour between 7.00am and 5.30pm from Monday to Friday inclusive; or

(b) $13.28 per hour for overtime or Saturday hours; or

(c) $17.82 per hour on Sundays and award holidays.

Provided further that the waiting time so paid for shall not come into the computation of hours for general overtime purposes.

[Pt A:28.5 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442 PR978811; PR983231 ppc 01Oct08]

28.5 Where an employee is required by their employer in any pay week to commence ordinary hours of duty at times which are in two or more cases (the difference at regular, and at least weekly, change of shift or working period being disregarded) at least half an hour different each from the others, they shall be paid an amount of $1.67 for each such starting time in excess of one at which they are required to commence such ordinary hours in that pay week.

28.6 Maximum driving hours - employees engaged in two driver operations

28.6.1 Except where driving hours have been delayed because of an accident or in circumstances over which the employer has no control, the employee must not drive and the employer must not require the employee to drive:

28.6.1(a) more than a total of 120 hours in any fortnight exclusive of any unpaid intervals for meals; or

28.6.1(b) more than twelve hours in any one day, with a break of half an hour after each five and a half hours worked.

28.6.2 The roster will provide for sign on 30 minutes prior to the commencement of service and sign off 15 minutes after termination of service.

28.6.3 Employees shall have 10 hours off duty immediately following the end of each working period.


29. MEAL AND REST BREAKS

29.1 Meal breaks

All employees except shift workers are entitled to a meal break of a minimum length of 30 minutes and a maximum of one hour.

29.1.1 Rest Breaks

An employee must not drive any motor vehicle and an employer must not cause or permit any employee to drive any motor vehicle:

29.1.1(a) unless by the end of any period of five and a half consecutive hours of driving, the employee has an interval of at least a half an hour for rest and refreshment;

29.1.1(b) if during the preceding 22 hours the driver has driven for more than twelve hours;

29.1.1(c) unless the employee has had at least ten consecutive hours rest away from the vehicle in the preceding 24 hours; or

29.1.1(d) subject to clause 29.1.1(b), unless the employee has had at least 24 consecutive hours for rest in the preceding seven days.

29.1.2 The following activities will be deemed to be time spent driving for the purposes of this clause:

29.1.2(a) any interval or interruption from driving for a period of less than half an hour;

29.1.2(b) any time spent by the driver on any other work in connection with a vehicle, including any time spent on a vehicle while on a journey in any other capacity; and

29.1.2(c) any work performed under this or any other Federal award or under a State award or determination.

29.2 Despite clause 30, a driver of a long-distance route-service passenger vehicle may be allowed to take a period of at least 32 consecutive hours immediately following the completion of a period of work as one of the employee’s two days off per week


30. ROSTERS

30.1 A roster or rosters must be posted each week by the employer in a place or places where it or they can conveniently be inspected.

30.2 The roster or rosters must show clearly the starting and finishing times for at least seven, or at least fourteen, days in advance, according to the number of days in the working period of the employees concerned prescribed in clause 28.1.

30.3 Subject to clauses 30.4 and 30.5, employees rostered off duty will not be required to work unless at least 48 hours’ notice is given.

30.4 In circumstances where an employee, because of absence on duty from his or her home city or town, is unable to ascertain from the roster that he or she is required for duty on any of the employee’s rostered days off, the employee must be notified by the employer at least four days in advance.

30.5 By agreement between the employer and the employee concerned, the employer may require an employee to work on any day on which the employee has been rostered off duty by giving less than 48 hours notice, and in these cases the employee will be paid at the rate of double time for all time worked on that day.

30.6 Unless otherwise agreed between the employer and the employee concerned, rostered days off will be granted in the city or town in which the employee concerned lives.


31. SHIFT WORK (OTHER THAN EMPLOYEES ENGAGED IN TWO-DRIVER OPERATIONS)

31.1 Application

31.1.1 This clause only applies to drivers employed on long-distance express-service work other than employees engaged on two-driver operations.

31.1.2 This clause overrides the other provisions of this award to the extent that they are inconsistent.

31.2 Definitions

31.2.1 Morning shift means any shift starting at or after 6.00am and before 10.00am.

31.2.2 Afternoon shift means any shift starting at or after 10.00am and before 8.00pm.

31.2.3 Night shift means any shift starting at or after 8.00pm and before 6.00am.

31.3 Allocation of shifts

The shifts in this clause will be worked on a rotational basis and, as far as is practicable, will be shared equally by all relevant drivers.

31.4 Shift allowances

31.4.1 Monday to Friday

For ordinary hours of shift Monday to Friday, shift workers will be paid the following extra percentages of their ordinary time rate:

Shift
Percentage


Morning shift
12 ½ %
Afternoon shift
15%
Night shift
20%

31.4.2 Saturday, Sunday and holidays

31.4.2(a) For ordinary hours of shift between midnight on Friday and midnight on Sunday and on award holidays, shift workers will be paid the following extra percentages of their ordinary time rate:

Shift
Percentage


Midnight Friday to midnight Saturday
50%
Midnight Saturday to midnight Sunday
100%
Award holidays
100%

31.4.2(b) The rates prescribed in clause 31.4.2(a) are in substitution for (and not cumulative upon) the rates prescribed in clause 31.4.1.

31.4.3 Each shift will be paid for at the rate applicable to the day on which the major portion of the shift is worked.

31.5 Days off and roster

31.5.1 Subject to clauses 31.5.2 and 31.5.3, a consecutive period of at least 32 hours immediately following the cessation of work on a shift may be allowed to a shift worker as one of the shift worker’s two days off per week.

31.5.2 Clause 31.5.1 must not be used in any roster period on more than 30 per cent of rostered days off in the roster period in accordance with clause 30.1.

31.5.3 In order to meet schedule requirements at recognised peak periods and in centres other than capital cities, the employer and a majority of affected employees may agree to a roster which meets the employer’s requirements. If there is no agreement then the matter will be settled by use of the dispute settlement procedure in clause 12.


32. SATURDAY AND SUNDAY WORK

32.1 The provisions of this clause shall not apply to employees engaged on two-driver operations.

32.2 For all ordinary hours worked an employee shall be paid at the rate of time and a half on a Saturday and double time on a Sunday, with a minimum payment as for four hours work in either case.

32.3 The minimum payment as for four hours’ work prescribed above for ordinary hours worked on either a Saturday or a Sunday shall not apply when such ordinary hours are continuous (subject to any break or waiting time) with ordinary hours commenced on the previous day.


33. OVERTIME (OVERTIME OTHER THAN IN RESPECT OF EMPLOYEES ENGAGED ON TWO-DRIVER OPERATIONS)

[Pt A:33.1 substituted by PR939390 ppc 18Sep03]

33.1 Subject to clause 33.1.1 an employer may require an employee to work reasonable overtime at overtime rates.

33.1.1 An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

33.1.1(a) any risk to employee health and safety;

33.1.1(b) the employees personal circumstances including any family responsibilities;

33.1.1(c) the needs of the workplace or enterprise;

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

33.1.1(e) any other relevant matter.

33.2 For all time of duty of an employee:

33.2.1 in excess of the following hours, namely:

(a) nine on any one day in the case of a route-service driver other than a long-distance express driver; or

(b) eight on any one day or shift in every other case; or

33.2.2 occurring outside his or her rostered ordinary hours of duty: his or her rate of pay shall be, in addition to the rate applying to that day or shift pursuant to clause 13, 23, 17, 28.5, 31, 32 and 38 of this Award, half ordinary time for the first three hours and whole ordinary time thereafter

33.2.3 Except as provided in 33.2.2 for all time of duty of an employee in excess of 80 hours in any roster period of fourteen days, or in excess of 40 hours in any roster period of seven days, according to the length of such period prescribed in subclause 28.1 of this Award, his or her rate of pay shall be, in addition to the rate applying to his day work or shift work under clauses 13, 23, 17, 28.5, 31, 32 and 38, subclause of this Award, half ordinary time for the first three hours and whole ordinary time thereafter.

33.2.4 In addition to the rate applying to day work under clauses 13 – Contract of employment, 23 – Mixed functions, 17 – Rates of pay, 28.5 – Starting times and 38 – Public holidays, route-service employees in the State of Tasmania who work in excess of 40 hours in any roster period of seven days will be paid time and a half for the first three hours and double time thereafter.

33.2.5 Each day’s work or shift will stand alone in computing overtime except where overtime is continuous (subject to any meal break) with either ordinary hours or overtime commenced on the previous day or shift.

33.3 Recall

An employee recalled to work overtime after leaving the workplace will be paid for a minimum of four hours work at the appropriate rate for each start.

33.4 Rest period after overtime

33.4.1 When overtime work is necessary it will, wherever reasonably practicable, be arranged so that employees have at least ten consecutive hours off duty between the work of successive days.

33.4.2 An employee, other than a casual employee, who works so much overtime between the termination of ordinary work on one day and the commencement or ordinary work on the next day that the employee has not had at least ten consecutive hours off duty between those times, must be released from duty until he or she has had ten consecutive hours off duty without loss of pay for any ordinary working time occurring during the rest period.

33.5 Transport of employees

33.5.1 If after working overtime or before commencing overtime or commencing a shift for which an employee is not regularly rostered, the employee’s reasonable means of transport are not available, the employer will provide the employee with transport to or from home or pay the employee the current wage for the time reasonably occupied in reaching his or her home or place of work.

33.5.2 Clause 33.5 will not apply where the employee’s work necessitates absence from home overnight and for whom suitable accommodation is provided or paid for in accordance with clause 24.2.6(a).


PART 6 LEAVE AND PUBLIC HOLIDAYS
34. ANNUAL LEAVE

34.1 Period of Annual Leave

34.1.1 An employee other than a casual is entitled to four weeks annual leave on ordinary pay after twelve months continuous service and annually thereafter.

34.1.2 Shift workers employed on long distance express - service work and two-driver operators are entitled to one additional week’s annual leave per year of service.

Where an employee is engaged on shift work on long-distance express service work or two-driver operations for only part of the twelve month period they shall be entitled to one half a day for each month continuously engaged on shift work to a maximum of one week.

34.1.3 Seven day shift worker on long distance express service work means an employee who works on a roster which involves ordinary working time on all days of the week including Saturdays, Sundays and public holidays.

34.2 Notice required

The employer shall give each employee four weeks’ notice of the date from which annual leave is required to be taken.

34.3 Public holidays excluded

34.3.1 The period of annual leave shall not include award holidays observed on working days, but shall include all other non-working days.

34.3.2 If any award holiday falls within an employee’s period of annual leave and is observed on the day which in the case of that employee would have been an ordinary day, there shall be added to that period one day, being an ordinary working day, for each such holiday observed.

34.3.3 Where an employee, without reasonable excuse, is absent from his or her employment on the working day or part of the working day prior to the commencement of his annual leave, or fails to resume work at his or her ordinary starting time on the working day immediately following the last day of the period of his annual leave, the employee shall not be entitled to payment for the public holidays which falls within his or her period of annual leave.

34.4 How leave is to be taken

[Pt A:34.4 substituted by PR969468 ppc 19Jan06]

34.4.1 The annual leave shall be given and taken in four consecutive weeks or, if the employee and the employer so agree, in two separate periods.

34.4.2 However, an employee may request and, with the consent of the employer, choose one of the following options:

34.4.2(a) take short-term Annual Leave, not exceeding four days in any calendar year, at a time or times separate from any of the periods determined in accordance with clause 34.4.1

34.4.2(b) in single day periods not exceeding ten days in any calendar year at a time or times agreed between them.

34.4.3 Any leave to which an employee may be entitled will be given by the employer and taken by the employee within six months of the leave becoming due.

34.5 Leave in advance

34.5.1 Annual leave may be granted by the employer subject to the employer’s consent on the request of an employee wholly or partly in advance before the employee has become entitled to the annual leave.

34.5.2 Where the annual leave or any part thereof has been taken before the right to the annual leave has accrued, the right to further annual leave shall not commence to accrue until after the expiration of the year of employment in respect of which the annual leave or part there of has been taken.

34.6 Payment for period of annual leave

34.6.1 The employer shall pay each employee ordinary pay for the leave period in advance before the commencement of the leave period. Payment shall not be made by an employer to an employee in lieu of any annual leave or part thereof to which the employee is entitled under this Award nor shall any such payment be accepted by the worker.

34.6.2 Definitions:

"Ordinary pay" means remuneration for the employee's normal weekly number of hours of work calculated at the ordinary time rate of pay. Where no ordinary time rate of pay is fixed for work under the terms of an employee’s employment, the ordinary time rate of pay shall be deemed to be the average weekly rate earned by the employee during the period in respect of which the right to the annual leave accrues.

"Week" means the worker's ordinary working week.

"Employee" means any person other than a casual employee employed by an employer to do any work for hire or reward and includes an apprentice and any other person whose contract of employment requires to learn or to be taught any occupation.

34.7 Annual leave and rostered days off

34.7.1 Upon taking annual leave, the operation of the work cycle which entitles an employee to a rostered day off shall be suspended. Upon resumption of work, the entitlement period of accrual shall resume and the employee shall be entitled to be rostered to take a day off upon completing the balance of the work cycle.

34.8 Annual leave and termination of employment

34.8.1 In the event of termination of employment, the employer shall pay forthwith to the worker, in addition to all other amounts due, ordinary rates for any accrued and pro rata annual leave entitlements of the employee.

34.8.2 Where an employee is terminated prior to completing a year of service and has taken annual leave in advance, the employer shall be entitled to deduct an amount of money equal to the period of annual leave taken by the employee upon the termination of employment.

34.9 Continuous service

34.9.1 For the all purposes of the Award continuity of service will be deemed to be continuous notwithstanding:

34.9.1(a) any annual leave or long service leave taken during that period;

34.9.1(b) any interruption or ending of the employment by the employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave;

34.9.1(c) any absence from work of not more than fourteen days in the year of employment on account of sickness or accident;

34.9.1(d) any absence on account of leave (other than annual leave or long service leave) granted imposed or agreed to by the employer;

34.9.1(e) any absence on any other account not involving termination of employment.

34.9.2 In calculating twelve months continuous service:

34.9.2(a) any annual leave taken during that period or any absences of the kind mentioned in clauses 34.9.1(a), 34.9.1(b) and 34.9.1(c) must be counted as part of such period.

34.9.2(b) in respect of the kind mentioned in clauses 34.9.1(d) and 34.9.1(e) the employee must serve such additional period as part of his or her qualification for annual leave as will equal the period of such absences.

34.10 Shutdowns

34.10.1 Where an employer closes down the enterprise or part of it for the purpose of allowing annual leave to all or the majority of employees in the enterprise or part concerned, the following provisions shall apply:

34.10.2 The employer may, by giving not less than four weeks’ notice of intention so to do, stand off for the duration of the close down all employees in the enterprise or part of the enterprise concerned and allow those who are not then qualified for a full entitlement to annual leave for 12 months continuous service, paid leave in advance against the employees’ pro rata accumulation of leave entitlements as if the employee had sought and been granted leave in accordance with subclause 34.5.

34.11 Annual leave loading

34.11.1 During each period of annual leave a weekly employee shall receive a loading of 17-1/2 per cent on the ordinary wage rate prescribed for his or her classification under this Award. Annual leave loading as prescribed above shall not apply to proportionate leave on termination of employment.

34.12 Annual leave accrual / carrying forward

[Pt A:34.12 inserted by PR969468 ppc 19Jan06]

To assist employees in balancing their work and family responsibilities, an employee may elect, with the consent of the employer, to accrue and carry forward any amount of annual leave for a maximum of two years from the date of entitlement.


35. PERSONAL LEAVE

[Pt A:35 substituted by PR969468 ppc 19Jan06]


The provisions of this clause apply to full-time employees, but do not apply to casual employees. The entitlements of casual employees are set out at 13.6

35.1 Amount of paid personal leave

35.1.1 Paid personal leave is available to a full time employee when he or she is absent:

35.1.1(a) due to personal injury and sickness; or

35.1.1(b) for the purposes of caring for an immediate family or household member who is sick and requires the employee's care and support ; or

35.1.1(c) for the purposes of caring for an immediate family or household member who requires care due to an unexpected emergency

35.1.2 The amount of personal leave to which an employee (other than a casual employee or part time employee) is entitled depends on how long the employee has worked for the employer and accrues:

35.1.2(a) in the first year of service as 40 hours; and

35.1.2(b) in the second and subsequent years of service, as 64 hours.

35.1.3 Personal leave for personal Injury or sickness shall accumulate from year to year so that any balance of the period which has in any year not been granted to an employee by the employer as paid leave may be claimed by the employee and shall be allowed by the employer in a subsequent year without diminution of the personal leave for personal Injury or sickness prescribed in respect of that year.

35.2 Definitions

35.2.1 Personal Leave’ means leave provided in accordance with this clause.

35.2.2 Immediate family or household’ includes:

35.2.2(a) Spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse, in relation to a person, means a person of the opposite sex to the first mentioned person as the husband or wife of that person on a bona fide basis although not legally married to that person; and

35.2.2(b) child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, step-parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

35.2.3 ‘Personal Leave for personal Injury and sicknessmeans leave provided for in accordance with clause 35.3 to which an employee other than a casual is entitled without loss of pay because of the employee’s personal injury or sickness not covered by workers compensation.

35.3 Personal leave for personal injury and sickness

35.3.1 Entitlement

The amount of personal leave an employee other than a casual or part time employee may take as personal leave for personal injury and sickness depends on how long he or she has worked for the employer and accrues:

35.3.1(a) in the first year of service as five days of ordinary working time, or in the case where the employee normally works more than ordinary hours in any day, as 40 hours of ordinary working time. Provided that during the first six months of the first year of a period of service with an employer, the employee shall be entitled to personal leave for personal injury and sickness which shall accrue on a pro rata basis of 6.67 hours of working time for each month of service completed with that employer. On application by the employee during the seventh month of employment and subject to the availability of an unclaimed balance of personal leave for personal injury and sickness the employee shall be paid for any personal leave for personal injury and sickness taken during the seventh month of employment and subject to the availability of an unclaimed balance of personal leave for personal injury and sickness the employee shall be paid for any personal leave for personal injury and sickness taken during the first six months and in respect of which payment was not made.

35.3.1(b) in the second and subsequent years of service, as 8 days ordinary working time or 64 hours of ordinary working time in the case of an employee who normally works more than 8 hours on one day.

35.3.2 Conditions of personal leave for personal injury and sickness

35.3.2(a) An employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers compensation.

35.3.2(b) An employee shall not be entitled to single days of paid personal leave for personal injury and sickness on more than two occasions in any one year of service unless the employee produces to the employer a certificate from a qualified medical practitioner to the effect that the employee is unfit for duty on account of personal illness or injury by accident.

35.3.2(c) An employee suffering injury through an accident arising out of and in the course of employment (not being an injury in respect of which the employee is entitled to workers' compensation) necessitating the employee's attendance during working hours on a doctor, chemist or trained nurse, or at a hospital, shall not suffer any deduction from pay for the time (not exceeding four hours) so occupied in the day of the accident, and shall be reimbursed by the employer all expenses reasonably incurred in connection with such attendance.

35.3.2(d) Where an employee is sick or injured on the week day the employee is to take annual leave, the employee shall not be entitled to personal leave for personal injury and sickness, nor will the employee's personal leave entitlement be reduced as a result of the sickness or injury on that day.

35.3.3 For the purposes of this sub-clause 'year' means the period from the date of commencement of an employee's service to the anniversary of such date in each subsequent twelve months employment.

35.4 Personal leave to care for an immediate family or household member

35.4.1 Entitlement

35.4.1(a) An employee other than a casual with responsibilities in relation to either members of the employee's immediate family or household who are sick and need the employee's care and support is entitled to use up to 80 hours per annum of the personal leave entitlement to provide care and support for such persons when they are ill or require care due to an unexpected emergency.

35.4.1(b) In normal circumstances an employee must not take personal leave to care for an immediate family or household member under this clause where another person has taken leave to care for the same person.

35.4.1(c) The entitlement to use personal leave to care for an immediate family or household member is subject to the employee being responsible for the care of the person concerned.

35.4.2 By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purpose of caring for members of the employee’s immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.

35.4.3 Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) of unpaid leave per occasion provided that notice and evidentiary requirements of 35.5 and 35.6 are met.

35.5 Notice required

35.5.1 Where an absence is due to personal injury or sickness, an employee shall, where practicable, at least two hours before the commencement of any period of duty, but in any event within 24 hours of the commencement of an absence on personal leave for personal injury and sickness, inform the employer of the employee's inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.

35.5.2 Where an absence is taken to care for an immediate family or household member, the employee must, where practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and his or her relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone of such absence at the first opportunity on the day of absence.

35.6 Evidentiary requirements

35.6.1 Where an absence is due to personal injury or sickness, an employee shall prove by providing a medical certificate or other evidence to the satisfaction of the employer that the employee was unable on account of such illness or injury to attend for duty on the day or days for which personal leave for personal injury and sickness is claimed.

35.6.2 Where an absence is due to the need to care for an immediate family or house hold member who is sick, the employee must, if required, establish by production of a medical certificate or other evidence satisfactory to the employer, the illness of the person concerned and that the illness is such as to require care by another.

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

35A. BEREAVEMENT LEAVE

[Pt A:35A inserted by PR969468 ppc 19Jan06]

35A.1 Entitlement

35A.1.1 An employee (other than a casual employee) is entitled to use up to 2 working days of bereavement leave, on each occasion, on the death of a member of the employee’s immediate family or household as described in clause 35.2.2. Bereavement leave shall be paid at the employee’s ordinary time rate of pay.

35A.1.2 The entitlement to bereavement leave is subject to the production of evidence to the reasonable satisfaction of the employer.

35A.2 Other leave not extended

If a death or funeral occurs during another period of leave, the employee shall not be entitled to an extension of leave.

35A.3 Unpaid leave

Where an employee has exhausted all personal leave entitlements including accumulated entitlements he or she is entitled to up to two days unpaid bereavement leave.


36. JURY SERVICE

36.1 A weekly employee required to attend for jury service during his or her ordinary hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the attendance for such jury service and the amount of wage he or she would have received in respect of the ordinary time he or she would have worked had he or she not been on jury service.

36.2 An employee shall notify his or her employer as soon as possible of the date upon which he or she is required to attend for jury service. Further if required, the employee shall give his or her employer proof of his or her attendance, the duration of such attendance and the amount received in respect of such jury service.


37. PARENTAL LEAVE

[Pt A:37 substituted by PR969468 ppc 19Jan06]


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

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

An eligible casual employee means a casual employee:

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

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

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

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

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

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

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

37.1 Definitions

37.1.1 For the purpose of this clause child means a child of the employee under school age except for adoption of a child where ‘child’ means a person under school age who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

37.1.2 Subject to 37.1.3, in this clause, spouse includes a de facto or former spouse.

37.1.3 In relation to 37.5, spouse includes a de facto spouse but does not include a former spouse.

37.2 Basic entitlement

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

37.2.2 Subject to 37.3.6, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

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

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

37.3 Maternity leave

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

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

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

37.3.2 When the employee gives notice under 37.3.1(a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

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

37.3.4 Subject to 37.2.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

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

37.3.6 Special maternity leave

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

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

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

37.3.7 Where leave is granted under 37.3.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

37.4 Paternity leave

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

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

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

37.4.1(c) except in relation to leave taken simultaneously with the child’s mother under clause 37.2 and 37.7 a statutory declaration stating:

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

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

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

37.4.2 The employee will not be in breach of 37.4.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

37.5 Adoption leave

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

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

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

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

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

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

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

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

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

37.6 Variation of period of parental leave

Where an employee takes leave under 37.2.1 or 37.7.1(b), unless otherwise agreed between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified as soon as possible but no less than four weeks prior to the commencement of the changed arrangements. Nothing in this clause shall detract from any entitlements set out in 37.2.

37.7 Right to request

37.7.1 An employee entitled to parental leave pursuant to the provision of clause 37.2 may request the employer to allow the employee:

37.7.1(a) to extend the period of simultaneous unpaid parental leave provided for in clause 37.2.2 up to a maximum of eight weeks;

37.7.1(b) to extend the period of unpaid parental leave provided for in clause 37.2.1 by a further continuous period of leave not exceeding 12 months;

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

to assist the employee in reconciling work and parental responsibilities.

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

37.8 Employees request and employer’s decision to be in writing

The employees request under clauses 37.7.1(b) and 37.7.1(c) must be recorded in writing

37.9 Request to return to work part time

Where an employee wishes to make a request under 37.7.1(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

37.10 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks or a longer period as agreed under clause 37.7.

37.11 Transfer to a safe job

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

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

37.12 Returning to work after a period of parental leave

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

37.12.2 Subject to clause 37.12.3, an employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 37.11, the employee will be entitled to return to the position they held immediately before such transfer.

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

37.13 Replacement employees

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

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

37.14 Communication during parental leave

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

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

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

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

37.14.3 The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with 37.14.1(a)


38. PUBLIC HOLIDAYS

38.1 An employee other than a casual shall be entitled to holidays on the following days:

38.1.1(a) New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day;

38.1.1(b) the following days, as prescribed in the relevant States, Territories and localities: Australia Day, Anzac Day, Queen's Birthday and Eight Hours' Day or Labour Day; and

38.1.1(c) Other holidays gazetted and applying in local areas or States.

[Pt A:38.1.1(d) inserted by PR951411 ppc 12Aug04]

38.1.1(d) When Christmas Day is a Saturday or Sunday, a holiday in lieu of that day shall be observed on 27 December. In relation to full time workers whose ordinary hours are regularly rostered to be worked on a Saturday or Sunday, when substitution occurs because Christmas Day falls on a weekend, ordinary hours worked on 25 December will attract additional loading of half a normal day’s wage for a full day’s work in addition to the Saturday/Sunday rate and the employee will also be entitled to the benefits of the substituted public holiday.

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

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

38.1.4 Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out above, those days shall constitute additional holidays for the purpose of this award.

[Pt A:38.1.5 substituted by PR951411 ppc 12Aug04]

38.1.5 An employer and employees may agree to substitute another day for those prescribed in this clause. For this purpose, the consent of the majority of tne affected employees shall constitute agreement.

38.1.6 An agreement made pursuant to 38.1.5 shall be recorded in writing and be available to every affected employee.

38.1.7 Any employee whose normal day off duty falls on any holiday prescribed in this clause shall be paid an additional day’s pay at ordinary time rates.

38.1.8 An employee who fails to attend for work without reasonable excuse or without the consent of the employer, on the working day before and/or after any public holiday shall not be entitled to be paid for such holiday.

38.1.9 Subject to the provisions of clause 33 of this award, all time of duty on such holidays shall be paid for at ordinary time in addition to any amount payable in respect of the weekly wage; except that all time of duty on either Good Friday or Christmas Day shall be paid for at ordinary time and a half in addition to any amount payable in respect of the weekly wage.

Such extra payments shall stand alone and shall not be taken into account in the calculation of overtime.

38.1.10 Any employee required to report for work on any holiday named in this clause and not so worked shall be paid for eight hours at the rate prescribed in this clause.

38.1.11 Any weekly employee who commences work on a holiday named in this clause shall be paid for a minimum of eight hours for that day at the rates prescribed.

38.1.12 A casual employee who works on any of the holidays prescribed in this clause shall be paid at the rate of double ordinary time.


PART 7 TRAINING
39. TRAINEE DRIVERS AND TRAINING ON REGULAR SERVICES

39.1 A learner under instruction either as a driver or observer shall while accompanied by a tutor receive the ordinary rate prescribed in clause 17 up to 40 hours in any five days in a week. All time spent under such instruction in excess of 40 hours or five days in any week shall be paid for at the appropriate overtime rates as prescribed in paragraph 32.2 hereof.

39.2 A driver training a trainee driver shall be paid a sum of $1.39 per hour or part thereof while so employed.


PART B - SOUTH AUSTRALIA
PART 1 - APPLICATION & OPERATION

1. APPLICATION AND OPERATION

1.1 This Part B of the Award shall only apply to employers listed in Schedule C of the list of respondents.

1.2 This Part B of the Award, in respect of those conditions prescribed in it, shall supersede the conditions prescribed in Part A of the Award but not otherwise.

1.3 This Part B of the Award shall be read and construed to be part of the Transport Workers (Passenger Vehicles) Award 2002.


PART 2 - RATES OF PAY AND RELATED MATTERS
2. JUNIORS

2.1 Notwithstanding anything contained in clause 21 of Part A of this award, the minimum rate to be paid to junior employees shall be as follows:

2.1.1 Under 19 years of age: 70 per cent of the total wage payable to an adult employee for the class of work performed in the area in which it is performed;

2.1.2 19 years and under 20 years of age: 80 per cent of the total wage payable to an adult employee for the class of work performed in the area in which it is performed;

2.1.3 20 years of age: the full rate payable to an adult employee for the class of work performed in the area in which it is performed.

2.1.4 Juniors shall not be employed by any respondent except to perform work covered by grade 1 of clause 17 of Part A of this award.

2.1.5 Juniors shall not be employed by any respondent to this Award in a proportion greater than one junior employee to every five employees receiving adult wages.


PART 3 - HOURS OF WORK, BREAKS AND OVERTIME
3. HOURS OF WORK

3.1 The maximum number of ordinary time hours in seven consecutive days shall be:

3.1.1 40 hours, for drivers of commuter-passenger vehicles and drivers of day-return passenger vehicles, to be worked on any five or six of those days;

3.1.2 40 hours, for drivers of long-distance route-service passenger vehicles, to be worked on any five of those days.

3.2 The maximum number of ordinary time hours on any one day or in any one period of work shall be:

3.2.1 8 hours, with a minimum of six, for drivers of commuter-passenger vehicles and drivers of day-return passenger vehicles,

3.2.2 8 hours for drivers of long-distance route-service passenger vehicles, which shall also be the minimum.

3.3 Spread of Hours

3.3.1 The spread of hours shall be eleven consecutive hours.

3.3.2 All work performed before 6.30 a.m. and after 5.30 p.m. shall be paid for at ordinary time rates plus 15 per cent, (such addition to be absorbed by the rate for overtime, Saturday, Sunday or award holiday work prescribed in Part A of this Award).

3.4 Ordinary time hours to be worked consecutively

3.4.1 Ordinary time hours shall be worked consecutively, not including meal breaks which will be a minimum length of 30 minutes and a maximum of one hour, except that ordinary time hours of duty may be broken into two but no more than two separate working periods without payment for any time not worked.


4. HOURS OF WORK - CITY OF WHYALLA

4.1 All drivers and conductors

4.1.1 The ordinary hours of work shall be an average of 38 per week and shall not exceed:

38 hours within a work cycle not exceeding seven consecutive days; or

76 hours within a work cycle not exceeding fourteen consecutive days; or

114 hours within a work cycle not exceeding 21 consecutive days; or

152 hours within a work cycle not exceeding 28 consecutive days.

Ordinary hours of work shall be by either of the following options:

4.2 Implementation of the 38 hour week shall be as follows:

4.2.1 By employers working to a roster drawn up in each depot, yard or garage providing for nineteen days totalling 152 hours over a continuous four week period.

Each employee shall take his rostered day off in accordance with the roster.

4.3 Calculation of payment

4.3.1 Payment shall be for 7 hours 36 minutes per day with accrual as entitlement for a rostered day off being made on the basis of a nineteen day period where an employee works 152 hours within a work cycle not exceeding 28 consecutive days at 24 minutes per day.

4.3.2 An employee whose rostered day off occurs on a pay day shall be paid his wages on his next ordinary working day following his rostered day off

5 MEAL AND REST BREAKS

5.1 Meal breaks

5.1.1 No employee shall be required to work for more than five and a half hours without a break for a meal.

5.1.2 In the case of drivers of day-return passenger vehicles whose period of work does not exceed six hours, a paid crib break of 15 minutes shall be allowed before the expiration of five and a half hours and after the lapse of a reasonable time from commencement of duty in substitution for a meal break.

5.2 Maximum driving hours

5.2.1 An employee (other than a driver of a day-return passenger vehicle) must not drive, and an employer must not require an employee to drive until he or she has had a clear break of at least ten consecutive hours off duty following the end of each working period.

5.2.2 In the event the ten hour breaks encroaches on what would otherwise be normal working hours, an employee will not suffer any loss of pay.

5.2.3 If, on the instructions of his employer, the employee resumes or continues work before having had the a ten hour break, he or she shall be paid at the rate of double time for such work until he or she is released from duty for such a period.

5.2.4 A driver of a day-return passenger vehicle shall not be required to commence work until he or she has had a clear break of at least eight consecutive hours off duty following the end of each work period.

5.2.5 In the event such a break encroaches on what would otherwise be normal working hours, an employee will not suffer any loss of pay.

5.2.6 If, on the instructions of the employer, the employee resumes or continues work before having had a break of eight hours, he or she shall be paid at the rate of double time for such work until he or she is released from duty for such period.

5.2.7 If an employee is required to commence work after having a break of at least eight consecutive hours but before having had ten consecutive hours off duty, he or she shall be allowed at least 24 consecutive hours off duty after completion of the period of work immediately following that after which a reduced rest period was allowed.

5.2.8 A driver of long-distance route-service passenger vehicles shall have a break of at least 32 consecutive hours immediately following the completion of a period of work, as one of his or her two days off per week.

5.3 Different start times

[Pt B:5.3 varied by PR934634 PR960024; corrected by PR960402; varied by PR975442 PR978811; PR983231 ppc 01Oct08

When any employee is required by the employer in any pay week to commence ordinary hours of duty at times which are in two or more cases at least half an hour different each from the others, he or she shall be paid an amount of $3.64 for each such starting time.

6 PUBLIC HOLIDAYS


Notwithstanding the provisions of clause 38 of this Award, the third Monday in May shall be observed as an award holiday in lieu of Boxing Day.

PART C
PART 1 - APPLICATION & OPERATION OF THE AWARD

1. TITLE

This award is called the Transport Workers (Passenger Vehicles) Award 2002.

2. ARRANGEMENT

[Pt C:2 amended by PR960024 PR960402 PR969468]


Part C

Part 1 - Application & operation of the award

  1. Title
  2. Arrangement [PR969468]
  3. Anti-discrimination
  4. Definitions
  5. Duration of award
  6. Parties bound and application
  7. Relationship with other awards
  8. Award to be exhibited


Part 2 Enterprise flexibility and dispute resolution

  1. Flexibility
  2. Settlement of disputes [PR952075]


Part 3 Employment relationship

  1. Contract of employment
  2. Casual employees [PR969468]
  3. Notice of termination [PR950492]
  4. Redundancy [PR950492]


Part 4 Rates of pay and related matters

  1. Limitation of payment
  2. Wage rates [PR960402]
  3. Service grants [PR983231]
  4. Arbitrated safety net adjustments [PR960402]
  5. Juniors
  6. Supported wage [PR969468]
  7. Mixed functions
  8. Allowances [PR983231]
  9. Uniforms and protective clothing
  10. Accident pay make-up
  11. Payment of wages
  12. Superannuation [PR947483]


Part 5 Hours of work, shift work, breaks and overtime

  1. Rest period
  2. Hours of work
  3. Rosters
  4. Saturday and Sunday work
  5. Overtime (other than casuals) [PR939390]


Part 6 Leave and public holidays

  1. Annual leave [PR983231]
  2. Personal leave [PR969468]

33A. Bereavement leave [PR969468]

  1. Jury service
  2. Parental leave [PR969468]
  3. Public holidays


Part 7 Training

  1. Training
  2. Trainee drivers and training on regular services [PR983231]


3. ANTI-DISCRIMINATION

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

3.2 Accordingly, in fulfilling their obligation under the Settlement of Disputes Procedure, the respondents must make every endeavour to ensure that neither the Award provisions nor their operation are directly or indirectly discriminatory in their effects.

3.3 Nothing in this clause is taken to affect:

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

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

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

3.3.4 the exemption in s170CK(3) and (4) of the Act.


4. DEFINITIONS

4.1 The following definitions apply for the purposes of clause 6 of this award.

“Grade 1” refers to those employees engaged in various activities not involving the driving of a passenger vehicle including cleaning, greasing, and supervision of school children on passenger vehicles engaged on Government contracts.

“Grade 2” refers to employees with skills in excess of grade 1 and includes those engaged in conducting, selling tickets and driving a passenger vehicle carrying less than 25 school children to and/or from school.

“Grade 3” refers to employees with skills in excess of grade 2 and includes those engaged in driving a passenger vehicle carrying 25 or more school children to and/or from school.

“Grade 4” refers to employees with skills in excess of grade 3 and includes those engaged in driving a passenger vehicle carrying less than 25 passengers on a specified route which operates regularly between fixed termini and/or driving a passenger vehicle under charter to a hirer and who may be required to deliver descriptive commentary and/or be absent overnight from his or her place of residence.

“Grade 5” refers to employees with skills in excess of grade 4 and includes those engaged in driving a passenger vehicle carrying 25 or more passengers on a specified route which operates regularly between fixed termini and/or driving a passenger vehicle on extended trips and who may be required to deliver descriptive commentary and/or be absent overnight from his or her place of residence.

4.2 A “road manager” shall mean and include any person engaged to supervise the work of persons employed as drivers in accordance with the terms of this award.

Such supervision extends to the checking of ticket sales, receipts including cash, observance of company timetables and all other matters relating to the conduct of a licensed passenger operation.

4.3 “Trailer” means any vehicle without motive power of its own, constructed or adapted for being drawn by a commercial passenger vehicle licensed by the Road Traffic Authority.

4.4 “Union” shall mean the Transport Workers’ Union of Australia.

4.5 “Official of the Union” shall mean the Federal Secretary, Federal Assistant Secretary, Branch Secretaries and such persons as certified in writing as such by the Federal Secretary or the Branch Secretaries of the appropriate branch.

4.6 “Ordinary time earnings” has the same meaning as that phrase has in the Superannuation Guarantee (Administration) Act 1992 (Cth) as it is varied from time to time, and as that phrase is interpreted by rulings of the Australian Taxation Office from time to time.


5. DURATION OF AWARD

This Award shall operate on and from the beginning of the first pay period to commence on or after 28 August 2002 and shall remain in force for a period of six months.

6. PARTIES BOUND AND APPLICATION

6.1 This Award shall be binding on the Transport Workers’ Union of Australia, its officers and its members, Bus Association Victoria Inc, and on those employers whose names are set out in Schedule D1 and D2 hereto in respect of all their employees whether members of the Union or not and who are required to perform work covered by this Award.

6.2 This Award shall apply to the employment, in any part of Australia, of employees of employers bound by this Award whose place of employment is situated in Victoria.


7. RELATIONSHIP WITH OTHER AWARDS

7.1 Supersession

This award supersedes the following awards but no rights, obligations or liabilities incurred or accrued under any such awards will be affected by such supersession:

  • Transport Workers (Passenger Vehicles) Award 1984
  • Transport Workers (Passenger Vehicles) (Roping –in No.1) Award 1985
  • Transport Workers (Passenger Vehicles) (Roping-in No. 2) Award 1985
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1986
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1987
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1988
  • Transport Workers (Passenger Vehicles) (Roping-in No. 2) Award 1988
  • Transport Workers (Passenger Vehicles) (Roping-in No. 3) Award 1988
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1989
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1990
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1991
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1994
  • Transport Workers (Passenger Vehicles) (Roping-in No. 2) Award 1994
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1995
  • Transport Workers (Passenger Vehicles) (Roping-in No. 2) Award 1995
  • Transport Workers (Passenger Vehicles) (Roping-in No. 3) Award 1995
  • Transport Workers (Passenger Vehicles) (Roping-in No. 4) Award 1995
  • Transport Workers (Passenger Vehicles) (Roping-in No. 5) Award 1995
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1996
  • Transport Workers (Passenger Vehicles) (Roping-in No. 2) Award 1996
  • Transport Workers (Passenger Vehicles) (Roping-in No. 3) Award 1996
  • Transport Workers (Passenger Vehicles) (Roping-in No. 4) Award 1996
  • Transport Workers (Passenger Vehicles) (Roping-in No. 1) Award 1997
  • Transport Workers (Passenger Vehicles) (Interim Roping-in No. 1) Award 1998
  • Transport Workers (Passenger Vehicles) (Interim Roping-in No. 2) Award 1998
  • Transport Workers (Passenger Vehicles) (Interim Roping-in No. 3) Award 1998
  • Transport Workers (Passenger Vehicles) (Interim Roping-in No. 4) Award 1998
  • Transport Workers (Passenger Vehicles) (Interim Roping-in No. 5) Award 1998
  • Transport Workers (Passenger Vehicles) (Interim Roping-in No. 1) Award 1999
  • Transport Workers (Passenger Vehicles) (Interim Roping-in No. 1) Award 2000
  • Transport Workers (Passenger Vehicles) (Interim Roping-in No. 2) Award 2000

7.2 National training wage

A party to this award must comply with the terms of the National Training Wage Award 2000, as varied, as though bound by clause 4 of that award.


8. AWARD TO BE EXHIBITED

A copy of this Award and any variation thereto shall, as soon as the official print is available, be posted by the employer in a prominent place where it is easily accessible to the employees.

PART 2 ENTERPRISE FLEXIBILITY AND DISPUTE RESOLUTION
9. FLEXIBILITY

9.1 Enterprise flexibility

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

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

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

9.1.2 For the purpose of the consultative process the employees may nominate the union or another to represent them.

9.1.3 Where agreement is reached an application may be made to the Commission.

9.2 Facilitative provisions

9.2.1 Agreement to vary award provisions

9.2.1(a) This Award contains facilitative provisions that allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or enterprise level. The facilitative provisions are identified below.

9.2.1(b) The specific Award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligation nor should they result in unfairness to employees covered by this Award.

9.2.1(c) Where an employee is a member of the Union:

9.2.1(c)(i) they may request to be represented by the Union in meeting and conferring with the employer about the implementation of the facilitative provisions and

9.2.1(c)(ii) where involved in discussions relating to 9.2.1 (c), the Union should be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of a facilitative provision

9.3 Facilitation by majority agreement

9.3.1 The following facilitative provisions can be utilised upon agreement between the employer and the majority of employees in the workplace or part of it:

Subject Matter
Clause Number
Hours of work – substitute rostered days off
28.7.3
Public Holidays – substitute holidays
36.2

9.4 Facilitation by individual agreement

The following facilitative provisions can be utilised upon agreement between the employer and individual employees:

Subject matter
Clause number
Overtime – time off in lieu of payment
31.2
Annual leave – how leave to be taken
32.4
Annual leave – annual leave in advance
32.5

9.5 Dispute over facilitation

9.5.1 In the event that a dispute or difficulty arises over the implementation or cooperation of a facilitative provision, the matter will be handled in accordance with the Settlement of Disputes Procedure.


10. SETTLEMENT OF DISPUTES

In the event of a dispute arising in the workplace the procedure to be followed to resolve the matter will be as follows:

10.1 The employee and the supervisor shall meet and confer on the matter.

10.2 If the matter remains unresolved the parties shall arrange for further discussions between the employee and his or her union or other representative, if any, and more senior levels of management.

10.3 If the matter is still not resolved representatives of the employer and the union or other employee representatives shall meet and confer on the matter. The union representative may include a union delegate who will be allowed the necessary time during working hours to perform his or her duties under this procedure.

10.4 If the matter cannot be resolved it may be referred to the Australian Industrial Relations Commission.

10.5 Where the above procedures are being followed, work shall continue normally. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause.

10.6 Redundancy disputes

[Pt C:10.6 inserted by PR952075 ppc 21Sep04]

10.6.1 Paragraphs 10.4.2 and 10.4.3 impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute). These additional obligations do not apply to employers who employ fewer than 15 employees.

10.6.2 Where a redundancy dispute arises, and if it has not already done so, an employer must provide affected employees and the relevant union or unions (if requested by any affected employee) in good time, with relevant information including:

  • the reasons for any proposed redundancy;

  • the number and categories of workers likely to be affected; and

  • the period over which any proposed redundancies are intended to be carried out.

10.6.3 Where a redundancy dispute arises and discussions occur in accordance with this clause the employer will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned.


PART 3 EMPLOYMENT RELATIONSHIP
11. CONTRACT OF EMPLOYMENT

11.1 An employee shall be engaged either as a weekly or a casual employee. Unless specifically engaged as a casual, the employee shall be deemed to be and shall be paid as a weekly employee.

11.2 An employee (other than a casual employee) shall be allotted a classification upon being engaged, which shall not be varied unless a week’s notice of such intention has been given by the employer.

11.3 If an employee (other than a casual employee) is required to report for duty and does, the employee shall receive a minimum of four hours work or payment at the appropriate rate.

11.4 In addition to the provisions of this clause an employee holding a driver’s certificate issued by the road traffic authority who is required to drive a school bus regularly shall, irrespective as to whether such driving is part-time only, be classified as a School Bus Driver.

11.5 Employment of regular industrial part-time drivers is authorised up to a maximum of three hours per day in respect of recurring duties for the conveyance of passengers to and/or from industrial undertakings or plants. Such employees shall receive payment pro rata for the time worked at the rates applicable to regular service drivers with a minimum payment as for two hours work on any day.

11.6 An employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent with the classification structure of this Award, provided that such duties are not designed to promote de-skilling.

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

11.8 Any direction issued by an employer pursuant to clauses 11.6 and 11.7 shall be consistent with the employer’s responsibilities to provide a safe and healthy working environment.

11.9 Where an employee is required to give change, an adequate amount shall be supplied by the employer


12. CASUAL EMPLOYEES

12.1 Regular service drivers and conductors

12.1.1 A casual employed as a Driver or Conductor shall perform a minimum of three hours work and shall receive payment for such for each start on any day.

12.1.2 A start shall mean the commencement of work for the day and each resumption of work after a break on any day except a break for a meal interval as provided in subclause 22.1.

12.1.3 For all work performed on Monday to Friday inclusive a casual employee shall receive one thirty-eighth of the rate prescribed in clause 16 plus 20 per cent.

12.1.4 Work performed on Saturdays and Sundays shall be paid for at the rate prescribed in clause 30 plus 20 per cent; and on public holidays at the rate prescribed in clause 36 of the Award, plus 20 per cent.

12.2 Charter bus driver

12.2.1 A casual employed as a Driver shall receive a minimum of two hours work or payment for such for each start at work on any day.

12.2.2 A start at work shall mean the commencement of work for the day and each resumption of work after a break on any day except a break for a meal interval as provided in clause 22.1.

12.2.3 For all work performed on Monday to Friday inclusive a casual employee shall receive an hourly rate equal to one thirty-eighth of the appropriate rate prescribed in clause 16 plus 20 per cent.

12.2.4 Work performed on Saturdays and Sundays shall be paid for at the rate prescribed in clause 30.

12.2.5 Work performed on public holidays shall be paid at the rate prescribed in clause 36.

12.3 School bus drivers

12.3.1 A casual employed as a Driver shall perform a minimum of three hours work and receive payment for such for each start at work on any day Monday to Friday inclusive.

12.3.2 A start at work shall mean the commencement of work for the day and each resumption of work after a break on any day except a break for meal interval as provided in clause 22.1.

12.3.3 For the first three hours after any start at work on any day a casual employee shall receive an hourly rate equal to one thirty-eighth of the rate prescribed in clause 16 plus 26 per cent.

12.3.4 For all work continuing in excess of three hours after any start at work on any day the employee shall receive an hourly rate equal to one thirty-eighth of the rate prescribed in clause 16 plus 50 per cent.

12.3.5 Casual employees shall be booked off at the place where they were engaged for work.

12.4 Greasers and cleaners

12.4.1 Casual Greasers or Cleaners employed by a bus service shall perform a minimum of three hours work and receive payment for such for each start at work on any day.

12.4.2 A start at work shall mean the commencement of work for the day and each resumption of work after a break on any day except a break for a meal interval as provided for in clause 22.1. For the first three hours work on any day an hourly rate equal to one thirty-eighth of the appropriate rate prescribed in clause 16 plus 33 per cent shall be paid.

12.4.3 For all work in excess of three hours any day Monday to Friday an employee shall receive an hourly rate equal to one thirty-eighth of the appropriate rate prescribed in clause 16.

12.4.4 For all work performed on Saturday before 12 noon the rate payable per hour shall be one thirty-eighth of the appropriate rate prescribed in clause 30 plus 50 per cent. For all work performed after 12 noon on Saturday and all day Sunday the rate payable per hour shall be one thirty-eighth of the appropriate rate prescribed in clause 16 plus 100 per cent.

12.4.5 Casual employees shall be booked off at the place where they were engaged for work.

12.5 School bus supervisor

12.5.1 A casual school bus supervisor as defined shall be entitled to receive a minimum of two hours work or payment for same for each start at work on any day Monday to Friday inclusive.

12.5.2 A start at work shall mean the commencement of work for the day and each resumption of work after a break or any day except a break for meal interval as provided in clause 22.1 of this award.

12.5.3 For all work performed on Monday to Friday inclusive a casual school bus supervisor shall receive an hourly rate equal to one thirty eighth of the appropriate rate prescribed in clause 16 of this award plus a 26 per cent loading.

12.6 Caring responsibilities – casual employees

[Pt C:12.6 inserted by PR969468 ppc 19Jan06]

Casual employees are not entitled to personal leave but subject to notice and evidentiary requirements in clause 33.5 and 33.6, casual employees are entitled to not be available to attend work or to leave work:

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

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

The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement the employee is entitled to not be available to attend work for up to 2 days per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

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


13. NOTICE OF TERMINATION

[Pt C:13 title changed from Termination of Employment and substituted by PR950063; corrected by PR950492 ppc 27Jul04]

13.1 Notice of termination by employer

13.1.1 In order to terminate the employment of an employee the employer must give to the employee the period of notice specified in the table below:

Period of continuous service
Period of notice


1 year or less
1 week
Over 1 year and up to the completion of 3 years
2 weeks
Over 3 years and up to the completion of 5 years
3 weeks
Over 5 years of completed service
4 weeks

13.1.2 In addition to the notice in 13.1.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week’s notice.

13.1.3 Payment in lieu of the prescribed notice in 13.1.1 and 13.1.2 must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

13.1.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:

13.1.4(a) the employee’s ordinary hours of work (even if not standard hours); and

13.1.4(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and

13.1.4(c) any other amounts payable under the employee’s contract of employment.

13.1.5 The period of notice in this clause does not apply:

13.1.5(a) in the case of dismissal for serious misconduct;

13.1.5(b) to apprentices;

13.1.5(c) to employees engaged for a specific period of time or for a specific task or tasks;

13.1.5(d) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or

13.1.5(e) to casual employees.

13.1.6 Continuous service is defined in clause 32.9.

13.2 Notice of termination by an employee

13.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

13.2.2 If an employee fails to give the notice specified in 13.1.1 the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 13.1.4.

13.3 Job search entitlement

Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

13.4 Transmission of business

Where a business is transmitted from one employer to another, as set out in clause 14 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.”


14. REDUNDANCY

[Pt C:14 substituted by PR950063; corrected by PR950492 ppc 27Jul04]

14.1 Definitions

14.1.1 Business includes trade, process, business or occupation and includes part of any such business.

14.1.2 Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour.

14.1.3 Small employer means an employer who employs fewer than 15 employees.

14.1.4 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

14.1.5 Week’s pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:

  • overtime;
  • penalty rates;
  • disability allowances;
  • shift allowances;
  • special rates;
  • fares and travelling time allowances;
  • bonuses; and
  • any other ancillary payments of a like nature.

14.2 Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

14.3 Severance pay

14.3.1 Severance pay – other than employees of a small employer

An employee, other than an employee of a small employer as defined in 14.1, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

Period of continuous service
Severance pay


Less than 1 year
Nil
1 year and less than 2 years
4 weeks’ pay*
2 years and less than 3 years
6 weeks’ pay
3 years and less than 4 years
7 weeks’ pay
4 years and less than 5 years
8 weeks’ pay
5 years and less than 6 years
10 weeks’ pay
6 years and less than 7 years
11 weeks’ pay
7 years and less than 8 years
13 weeks’ pay
8 years and less than 9 years
14 weeks’ pay
9 years and less than 10 years
16 weeks’ pay
10 years and over
12 weeks’ pay

* Week’s pay is defined in 14.1.

14.3.2 Severance pay – employees of a small employer

An employee of a small employer as defined in 14.1 whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

Period of continuous service
Severance pay


Less than 1 year
Nil
1 year and less than 2 years
4 weeks’ pay*
2 years and less than 3 years
6 weeks’ pay
3 years and less than 4 years
7 weeks’ pay
4 years and over
8 weeks’ pay

* Week’s pay is defined in 14.1.

14.3.3 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.

14.3.4 Continuity of service shall be calculated in the manner prescribed by clause 32.9. Provided that service prior to 27 July 2004 shall not be taken into account in calculating an entitlement to severance pay for an employee of a small employer pursuant to 14.3.2.

14.3.5 Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004, 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004, 8 June 2004].

14.4 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 13 - Notice of Termination. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.

14.5 Alternative employment

14.5.1 An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

14.5.2 This provision does not apply in circumstances involving transmission of business as set in 14.7.

14.6 Job search entitlement

14.6.1 During the period of notice of termination given by the employer in accordance with 13.1, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

14.6.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

14.6.3 The job search entitlements under this subclause apply in lieu of the provisions of 13.3.

14.7 Transmission of business

14.7.1 The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:

14.7.1(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

14.7.1(b) Where the employee rejects an offer of employment with the transmittee:

  • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

  • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

14.7.2 The Commission may vary 14.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

14.8 Employees exempted

This clause does not apply to:

  • employees terminated as a consequence of serious misconduct that justifies dismissal without notice;
  • probationary employees;
  • apprentices;
  • trainees;
  • employees engaged for a specific period of time or for a specified task or tasks; or
  • casual employees.

14.9 Incapacity to pay

The Commission may vary the severance pay prescription on the basis of an employer’s incapacity to pay. An application for variation may be made by an employer or a group of employers.


PART 4 RATES OF PAY AND RELATED MATTERS
15. LIMITATION OF PAYMENT

15.1 Where time worked is subject to more than one extra rate of payment by virtue of any provision (except clauses 36.3.2 and all allowances) of this Award, the employer shall not be obliged to pay more than at the rate of double time.


16. WAGE RATES

[Pt C:16 substituted by PR934634 PR948877; PR960024 ppc 13Jul05; corrected by PR960402 ppc 13Jul05]


$


Grade 1:
529.70

Cleaners and/or bowser attendants


Greasers


School bus supervisor



Grade 2:
544.50

School bus driver under 25 passengers


Conductor/ticket sellers




Grade 3:
552.60

School bus driver 25 passengers and over




Grade 4:
561.10

Driver of vehicles on regular services under 25 passengers


Charter and tour bus driver




Grade 5:
580.90

Driver of vehicles on regular services 25 passengers and over


Extended tour drivers

16A. TRANSITIONAL WAGE RATES FOR VICTORIA – APPLICATION OF THE COMMON RULE AWARD

[Pt C:16A inserted by PR960024; corrected by PR960402; deleted by PR969468 ppc 19Jan06]


17. SERVICE GRANTS

[Pt C:17 substituted by PR934634 PR948877; corrected by PR950612; substituted by PR960024; corrected by PR960402; substituted by PR975442; corrected by PR976905; substituted by PR978811; PR983231 ppc 01Oct08]


An employee who has been in the continuous service with an employer, successor, assignee or transmittee of such employer shall be paid the following amounts in addition to his weekly as prescribed clause 16:

Years of service
Per week

$
After 2 years of service
8.75
After 3 years of service
12.70
After 4 years of service
17.20
After 5 years of service
21.25
After 6 years of service
25.65
After 7 years of service
28.00
After 8 years of service
29.60
After 9 years of service
32.40
After 10 years of service
34.35
After 11 years of service
36.90
After 12 years of service
38.70
After 13 years of service
41.05
After 14 years of service
43.25
After 15 years of service
44.90

17.2 Such service grants shall be taken into consideration when calculating an employee's entitlement to annual holidays, sick leave, bereavement leave, accident pay in accordance with the Accident Compensation Act, 1985 and long service leave.

17.3 Provided that employees with 15 years of service or more, at the time of implementation of this award, shall continue to receive such payment, currently $48.55 per week which shall be indexed to reflect movements in service grants in this clause..


18. ARBITRATED SAFETY NET ADJUSTMENTS

[Pt C:18 substituted by PR934634 PR948877; PR960024; corrected by PR960402 ppc 13Jul05]

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

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


19. JUNIORS

19.1 Juniors carrying out the functions of greaser, cleaner and/or bowser attendant shall be paid at the appropriate percentage specified by age in the table hereunder of the wage rate for grade 1 as specified in clause 16 of this award.

Age of employee
Percentage of grade 1


17 years and under
54
18 years of age
69
19 years of age
85
20 years of age
92

19.2 The wage rates for junior employees shall be calculated to the nearest 5 cents, 2 cents or less in a result to be disregarded.


20. SUPPORTED WAGE

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

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

20.1.2 ‘Accredited Assessor’ means a person accredited by the management unit established by the Commonwealth under the Supported wage system to perform assessments of an individual’s productive capacity within the Supported wage system.

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

20.1.4 ‘Assessment instrument’ means the form provided for under the Supported wage system that records the assessment of the productive capacity of the person to be employed under the Supported wage system.

20.2 Eligibility criteria

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

20.2.2 The clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers’ compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their current employment.

20.2.3 The award does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or under s.12A of the Act, or if a part only has received recognition, that part.

20.3 Supported wage rates

[Pt C:20.3 varied by PR939390; PR969468 ppc 19Jan06]

20.3.1 Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:

Assessed capacity
% of prescribed award rate


10%*
10%
20%
20%
30%
30%
40%
40%
50%
50%
60%
60%
70%
70%
80%
80%
90%
90%

(Provided that the minimum amount payable shall be not less than $62 per week).

*Where a person’s assessed capacity is 10%, they shall receive a high degree of assistance and support.

20.4 Assessment of capacity

20.4.1 For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported wage system and documented in an assessment instrument, by either:

20.4.2 the employer and a union party to the award, in consultation with the employee, or, if desired by any of these;

20.4.3 the employer and an accredited Assessor from a panel agreed by the parties to the award and the employee.

20.5 Lodgement of assessment instrument

20.5.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Commission.

20.5.2 All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the award, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

20.6 Review of assessment

20.6.1 The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported wage system.

20.7 Other terms and conditions of employment

20.7.1 Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.

20.8 Workplace adjustment

20.8.1 An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

20.9 Trial period

20.9.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.

20.9.2 During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

[Pt C:20.9.3 varied by PR939390; PR969468 ppc 19Jan06]

20.9.3 The minimum amount payable to the employee during the trial period shall be no less than $62 per week.

20.9.4 Work trials should include induction or training as appropriate to the job being trialled.

20.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on assessed capacity.


21. MIXED FUNCTIONS

21.1 Where an employee is required to perform two or more classes of work on any one day or shift shall, for the purpose of assessing the appropriate rate of pay to be paid the employee will be deemed to have worked throughout the whole of his working time on that day or shift at the class of work for which the highest rate of wage is prescribed.


22. ALLOWANCES

22.1 Meals and meal allowance

22.1.1 All drivers

22.1.1(a) No employee shall be required or permitted to be on duty for more than five and a half hours without a meal break of not less than 30 minutes nor:

(i) more than one hour in any spread of nine hours or less;

(ii) more than 1-1/2 hours consecutively in any spread of more than 9-1/2 hours;

22.1.1(b) No employee shall be required to take a meal break within three hours of commencing duty on any day;

22.1.1(c) Any employee who is engaged in performing duties other than solely the cleaning of buses in or about a garage, depot or workshop either immediately before and/or after the taking of a meal break shall not be deducted more than one hour for such meal break.

22.1.1(d) Except for charter and tour bus drivers no employee shall be given a meal break in excess of one hour unless such employee is able to conveniently return to his employer's garage, depot or workshop, or is provided by the employer with proper alternative facilities for rest and refreshment.

[Pt C:22.1.1(e) varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442 PR978811; PR983231 ppc 01Oct08]

22.1.1(e) An employee who is required to work overtime for two or more hours beyond his normal finishing time on any shift of five hours or more shall be paid a meal allowance of $8.86.

22.2 Greasers and Cleaners

22.2.2(a) No employee shall be required to be on duty for more than five hours without a meal break.

22.2.2(b) All employees shall be given a meal break of not less than 30 minutes nor more than one hour.

[Pt C:22.2.2(c) varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442 PR978811; PR983231 ppc 01Oct08]

22.2.2(c) An employee who is required to work overtime for two or more hours beyond his normal finishing time on any shift of five hours or more shall be paid a meal allowance of $8.86.

22.3 Special allowances

[Pt C:22.3.1 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442; corrected by PR976905; varied by PR978811; PR983231 ppc 01Oct08]

22.3.1 A driver who is required in the course of duty to render physical assistance in the loading and/or unloading of disabled children attending special schools for such children shall receive an additional $2.06 per trip while so engaged.

[Pt C:22.3.2 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442; varied by PR978811; PR983231 ppc 01Oct08]

22.3.2 A driver who is required in the course of his duty to convey goods, parcels, newspaper bundles, packages and/or the Royal Mail shall receive an additional payment of $4.11 for each shift or part thereof while so engaged.

[Pt C:22.3.3 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442; corrected by PR976905; varied by PR978811; PR983231 ppc 01Oct08]

22.3.3 Any driver who is required to be away from home overnight in the course of duty shall, in addition to all other applicable provisions of this Award, be paid a disability allowance of $12.62 for each night spent away from home.

[Pt C:22.3.4 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442; corrected by PR976905; varied by PR978811; PR983231 ppc 01Oct08]

22.3.4 Any driver who is required to drive an articulated vehicle, or who is required to drive a vehicle to which is attached a trailer shall, in addition to any other amounts due under this Award, be paid an allowance of $4.23 per day or part of a day.

22.4 Fares and travelling time

22.4.1 Where an employee commences work at a place, other than the ordinary starting or finishing place, the employee shall be paid at ordinary rates for travelling time in excess of that normally spent in travelling to and from home.

22.4.2 Travelling time shall not be taken into account when calculating overtime.

22.4.3 The employer shall reimburse an employee for any reasonable travelling expenses incurred in connection with the provisions of this subclause.

[Pt C:22.4.4 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442; varied by PR978811; PR983231 ppc 01Oct08]

22.4.4 Where no form of public transport is available and an employee is required to use a personal vehicle for transportation between the ordinary starting and finishing place and such other place of work decided by the employer, the employee shall be paid weekly on pay day an allowance calculated at 57 cents per kilometre for each kilometre so travelled.

[Pt C:22.4.5 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442; varied by PR978811; PR983231 ppc 01Oct08]

22.4.5 An employee who by agreement with his or her employer uses the employee’s own motor vehicle in the course of his or her work will be paid an allowance of 62 cents per kilometre.

22.5 Area allowance

[Pt C:22.5.1 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442; corrected by PR976905; varied by PR978811; PR983231 ppc 01Oct08]

22.5.1 All employees of the proprietors of commercial passenger vehicles who undertake regular hirings and/or other operations originating within a radius of 19 kilometres of the principal Post Office, Morwell shall, in addition to their appropriate wage, be paid an area allowance of $51.99 per week. This allowance shall form part of the wage for all purposes of this Award.

22.6 Living away from home allowance

22.6.1 An employee whose employment necessitates absence from home and who is unable to conveniently return home shall, be paid a minimum of eight hours per day Monday to Friday and a minimum of eight hours per day on Saturdays or Sundays plus penalty rates for actual time worked on any such day in accordance with subclause 30.1.1 of the award.

22.6.2 The employer will either reimburse the employee for reasonable costs incurred by the employee when living away from home or provide accommodation and all meals.

22.7 Medical examination allowance

22.7.1 An employer may require an employee, and the employee shall so agree, to submit to a medical examination upon engagement, and thereafter periodically at the discretion of the employer.

22.7.2 All medical evidence shall be made available to the employee on request

22.7.3 The employee will be paid an allowance which is equal to the difference between the cost of the medical examination and the cost of the Medicare rebate.

22.7.4 Where a weekly employee is required to undertake a medical examination for the purposes of obtaining a relevant licence, the employee will be paid an allowance which is equal to the difference between the cost of the medical examination and the Medicare rebate, provided that the employer determines the doctor who is to perform the examination.

22.8 Log book allowance

Where a weekly employee is required to purchase a logbook, the employer will reimburse the employee for the cost of the logbook.


23. UNIFORMS AND PROTECTIVE CLOTHING

23.1.1 Where any driver is required by an employer to wear a uniform or dustcoat the employer must reimburse the employee for the cost of purchasing such items

23.1.2 Where any driver is required to do roadside repairs, including the changing of tyres or where a driver is required to handle soilable items including tyres, batteries, machinery etc., in the course of their delivery, the employee shall be reimbursed for the cost of purchasing overalls or dustcoat.

23.1.3 Where any driver is required to work in or about a garage, depot or workshop the driver must be reimbursed for the cost of purchasing overalls, gumboots and any other necessary protective clothing.

23.1.4 Where a greaser or cleaner is required to do roadside repairs, including the changing of tyres, he shall be reimbursed the cost of purchasing overalls.

23.1.5 Employees will be reimbursed the demonstrated cost of laundering any uniforms or protective clothing.

23.1.6 The provisions of this clause do not apply where clothing is supplied by the employer.


24. ACCIDENT PAY MAKE-UP

24.1 This clause shall apply to all employees other than casuals covered by this Award and it shall apply only in respect of incapacity which results from an injury received on or after the date of operation.

24.2 The circumstances under which an employee shall qualify for accident make-up payment are as follows:

24.2.1 An employer shall pay an employee accident make-up payment where the employee receives an injury for which weekly payment or compensation is payable by or on behalf of the employer pursuant to the provisions of the appropriate compensation legislation as amended from time to time.

24.2.2 “Accident make-up payment” means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the appropriate compensation legislation and the employee's ordinary rate of pay excluding overtime.

24.2.3 Accident make-up payment shall not apply in respect of any injury during the first ten normal working days of incapacity.

24.2.4 An employer shall pay or cause to be paid accident make-up payment during the incapacity of the employee within the meaning of the appropriate compensation legislation until such incapacity of the employee within the meaning of the appropriate compensation ceases or until the expiration of 39 weeks from the date of injury whichever event shall occur first.


25. PAYMENT OF WAGES

25.1.1 All wages, overtime and allowances shall be paid by one of the following methods as agreed between the employer and the majority of employees:

25.1.1(a) In cash or cheque during working hours within three days of the expiration of the week in which they accrue and not later in the week than Thursday; or

25.1.1(b) By Bank Transfer to an employee's nominated account, such transfer to be effected weekly on an agreed day being within three days of the expiration of the week in which they accrue and not later in the week than Thursday.

25.1.1(c) The pay-day for either of the abovementioned methods once fixed shall not be altered without notice of a least one full pay period being given to employees.

25.1.2 Each employee shall be supplied on pay day with a statement in writing showing the date, amount of ordinary pay, overtime, penalty rates, allowances, and particulars of all deductions for any purposes in respect of the amount paid.

25.1.3 In the event an employee is terminated, the employer shall immediately pay all moneys due to the employee or forward such moneys within 24 hours of termination.

25.2 Pay day occurring on a rostered day off

25.2.1 An employee whose accrued rostered day off occurs on a pay day shall be paid wages on the next ordinary working day following the accrued rostered day off. This subclause shall not apply where accrued rostered days off are accumulated in accordance with clause 28.1.2(a) hereof when employees are to be paid prior to taking their accumulated accrued rostered days off.


26. SUPERANNUATION

Note: The Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2005 provides that individual employees generally have the opportunity to choose their own superannuation funds. For further information see the AIRC guidance note — Choice of Superannuation Funds and Award Provisions.

[Pt C:26.1 varied by PR947483 ppc 02Jun04]

26.1 Each employer named in Schedule D1 and D2 of this award (except Chalet Lorne Senior Citizen's Holiday Centre and H.E. & L.P. Williams), shall participate in either the Bus Industry Superannuation Scheme or the TWU Superannuation Scheme or any successor scheme to these two schemes. Each such participating employer shall determine a weekly contribution to the Fund, in respect of each full-time employee who is a member of the Fund employed by that employer. The weekly contribution in respect of each such employee shall relate to each week employed or part thereof and shall be the greater of:

(a) $17.00;

or

(b) an amount equivalent to the percentage of the employee's ordinary time earnings in the particular week as specified in the Superannuation Guarantee (Administration) Act 1992.

[Pt C:26.2 varied by PR947483 ppc 02Jun04]

26.2 Each employer named in Schedule D1 (except Chalet Lorne Senior Citizen's Holiday Centre and H.E. & L.P. Williams) of this award and the first, second, third and fourth employers named in Schedule D2 of this award shall participate in either the Bus Industry Superannuation Scheme or the TWU Superannuation Scheme or any successor scheme to these two schemes.

26.3 Each such participating employer shall determine a monthly contribution to the Fund, in respect of each regular casual School Bus Driver who is a member of the fund employed by that employer. The monthly contribution in respect of each such employee shall be the greater of

(30/38 X 40/12) X (weekly rate + loading + continuous service grant) X % specified in the Superannuation Guarantee (Administration) Act 1992

26.4.1 Each such participating employer shall determine a monthly contribution to the Fund in respect of each other casual employee who is a member of the fund employed by that employer. The monthly contribution in respect of each such employee shall be in accordance with the requirements of the Superannuation Guarantee (Administration) Act 1992.

26.4.2 The participating employer shall make payments to the Trustee of contributions to the Fund on behalf of each employee member of the Fund employed by that employer on a monthly basis.

26.4.3 The choice of fund shall be determined by a majority secret ballot of employees concerned at each separate depot supervised by an Officer of the Union authorised by the Branch Secretary and a person authorised by the Executive Director of the Bus Association Victoria Inc.

26.5 The participating employer shall make payments to the Trustee of contributions to the Fund on behalf of each employee member of the Fund employed by that employer on a monthly basis.


PART 5 HOURS OF WORK, SHIFT WORK, BREAKS AND OVERTIME
27. REST PERIOD

27.1 A break of ten minutes shall be given in the morning between nine and ten o'clock to any employee performing duties within a garage, workshop or yard.


28. HOURS OF WORK

28.1.1 The ordinary hours of work shall be 38 per week and shall not exceed:

28.1.1(a) 38 hours on up to 5 days within a work cycle not exceeding seven consecutive days: or

28.1.1(b) 76 hours on up to 10 days within a work cycle not exceeding fourteen consecutive days: or

28.1.1(c) 114 hours on up to 15 days within a work cycle not exceeding twenty-one consecutive days: or

28.1.1(d) 152 hours on up to 20 days within a work cycle not exceeding twenty-eight consecutive days.

28.1.2 Implementation of the 38 hour week shall be one of the following options:

28.1.2(a) Providing for one accrued rostered day off (eight hours) and nineteen days of work (152 hours) over a continuous four week period; provided that, by agreement between employer and employee, accrued rostered days off may be accumulated to a maximum of 10 such days over a 40 week period.

28.1.2(b) Payment for ordinary hours worked strictly in accordance with the provision of clause 28.1.1.

28.1.3 Ordinary hours, exclusive of meal breaks, shall be worked continuously and shall not be less than four hours nor more than 10 hours on any day.

28.1.4 Penalties shall apply as follows:

28.1.4(a) For Monday to Friday time and a half for the first three hours and double time thereafter on the completion of:

(i) 8 hours worked if the ordinary hours are worked pursuant to paragraph 28.1.2(a) or

(ii) 7.6 hours worked if the ordinary hours are worked pursuant to paragraph 28.1.2(b).

28.1.4(b) For Saturday and Sunday at the rate prescribed in clause 30 of this award.

28.2 Passive time

28.2.1 An employee engaged in charter work shall receive payment for passive time on a Saturday or a Sunday at the employee's ordinary time rate of pay.

28.2.2 “Passive time” is defined as time when the driver is not required to perform any duties at all, is not restrained as to his or her movements and is not otherwise obliged to be on call.

28.3.2 Where an employee works rostered hours on a Saturday, Sunday or public holidays that time will be counted as part of the 38 hours of work per week.

28.4 Make-up time

28.4.1 An employee may elect, with the consent of the employer, to work “make-up time”, when the employee takes time off ordinary hours and works those hours at a later time, during the spread of ordinary hours.

28.5 Rostered days off

28.5.1 Where an employer is required to service a particular industry or plant or section thereof and there has been a cessation of operations resulting from:

28.5.1(a) annual closedown; or

28.5.1(b) industrial action; or

28.5.1(c) compulsory closure as a result of a legislative direction; or

28.5.1(d) other circumstances beyond the control of the employer,

the employer may require employees to take an accrued rostered day or days off to coincide with the day or days that the operations are closed, up to a maximum of five days.

28.5.2 In this event, an accrued rostered day or days off which would normally become due to the employee shall not become so due for the number of days taken pursuant to the provisions of this subclause.

28.5.3 An employee disadvantaged in terms of leisure time by an accrued rostered day or days off normally falling on a Friday or a Monday being required to be taken on a Tuesday, Wednesday or Thursday, shall be rostered to take a Friday or Monday off on the earliest practicable opportunity upon the normal roster being resumed.

28.6 Roster days off –absence from duty

28.6.1 Where an employee is absent from duty (other than on annual leave, long service leave, public holidays, paid sick leave, workers' compensation, bereavement leave or jury service) the employee shall, for each day absent, lose average pay for each such day calculated by dividing his weekly wage rate as prescribed in clause 16 of this award by five.

28.6.2 An employee who is absent for part of a day shall lose average pay for each hour absent by dividing the weekly wage rate by 38.

28.6.3 An employee so absent from duty will not accrue the entitlement for an accrued rostered day off provided for in paragraph 28.1.2(a) hereof. The employee shall take a day off as rostered and be paid, in respect of the week during which the accrued rostered day off is taken, his weekly pay less an amount calculated according to the following formula:

(No. of days absent x 0.4 hours x Average weekly paid ordinary hours during cycle). Provided however that absences of less than 0.5 of a day shall not be counted for the purposed of this subclause.

28.6.4 Rostered days off – long service leave

Where an employee takes long service leave, any entitlement towards an accrued rostered day off shall cease. The employee shall not be entitled to an accrued rostered day off during the period of long service leave. In lieu, the employee shall be paid the value of the outstanding accrued entitlement on the last day of work prior to taking long service leave.

28.6.5 Rostered days off – parental leave

An employee will not accrue an entitlement for a rostered day off while on parental leave. Any award entitlement owing to the employee will be allowed upon his or her resumption of work following parental leave.

28.7 Time of taking rostered day off

28.7.1 Except as provided in clause 28.7.2 where an entitlement to an accrued rostered day off becomes due in accordance with clause 28.1.2(a), an employee shall be advised by the employer at least four weeks in advance of the weekday to be taken.

28.7.2 An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off in accordance with paragraph 28.1.2(a) hereof, for another day in the case of a breakdown in machinery or some emergency situation.

28.7.3 An individual employee, with the agreement of his employer, may substitute the day to be taken off for another day.


29. ROSTERS

29.1 Regular service drivers

29.1.1 All work, other than shifts of three hours duration or less on any day, shall be included in a rotating roster decided by the employer, except as otherwise provided by agreement.

29.1.2 The roster shall show the starting and finishing times and the meal breaks of each day or shift and the two rostered days off in each week.

29.1.3 Reasonable starting and finishing times shall be allowed and paid for, for all employees who are required to service vehicles and/or prepare tickets, journals, change, returns etc.

29.1.4 Shifts of three hours or less on any one day shall be shown on a supplementary roster.

29.1.5 The employer shall display the roster or rosters in a prominent position accessible to each employee in the depot or garage.

29.1.6 Other than to meet an emergency before a new roster operates it shall be displayed for inspection for a period of not less than seven days.

29.1.7 All rosters shall be made available for inspection by an official of the Union at any reasonable time, such official when making such inspection shall be entitled to make a copy of same.

29.2 Charter bus drivers

29.2.1 The employer shall, not later than 12 noon on Thursday in each week, post a roster in a prominent position accessible to each employee showing each employee's two rostered-off days in the next succeeding week.

29.2.2 Such roster shall be made available for inspection by an official of the Union at any reasonable time.

29.3 All drivers

29.3.1 An employee shall have a break of not less than ten consecutive hours following the completion of a day or shift.

29.3.2 The hours of a day's work as hereinbefore provided shall be continuous except for a meal break.


30. SATURDAY AND SUNDAY WORK

30.1 All drivers

30.1.1 With the exception of work which is a continuation of a shift commenced before 8.00 p.m. on a Friday, time worked on a Saturday shall be paid for at the rate of time and a half up till 12.00 noon, and all work thereafter and on Sundays shall be paid for at the rate of double time.

30.2 Greasers and cleaners

30.2.1 Double time shall be the rate prescribed for work performed on a Sunday.


31. OVERTIME (OTHER THAN CASUALS)

[Pt C:31.1.1 substituted by PR939390 ppc 18Sep03]

31.1.1 Subject to clause 31.1.1(a) an employer may require an employee to work reasonable overtime at overtime rates.

31.1.1 An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

31.1.1(a)(i) any risk to employee health and safety;

31.1.1(a)(ii) the employees personal circumstances including any family responsibilities;

31.1.1(a)(iii) the needs of the workplace or enterprise;

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

31.1.1(a)(v) any other relevant matter.

31.1.2 An employee will be paid overtime for any work outside of his or her rostered ordinary hours of work for the day. Overtime paid under this clause shall be calculated on a daily basis and shall stand alone.

31.1.3 Overtime will be paid at the following rates:

31.1.3(a) On Monday to Friday, time and one half for the first three hours and double time thereafter;

31.1.3(b) On Saturday and Sunday, double time for all overtime hours.

31.2 Time off in lieu of overtime

31.2.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.

31.2.2 Overtime taken as time off during ordinary time hours will be taken at the ordinary time rate, that is, an hour for each hour worked.

31.2.3 If requested by an employee, an employer must provide payment, at the rate provided for the payment of overtime in the award, for any time worked under clause 31.2.1 where such time has not been taken within four weeks of accrual.

31.3 Recall

31.3.1 An employee called in when off duty to perform work of an emergency nature which does not continue into or after a rostered shift on such a day shall receive a minimum of three hours pay at the appropriate rate; provided that except in the case of unforeseen circumstances arising, the employee shall not be required to work the full three hours if the job the employee was called to perform is completed within a shorter period. Overtime paid under this subclause shall be calculated on a daily basis and stand alone.


PART 6 LEAVE AND PUBLIC HOLIDAYS
32. ANNUAL LEAVE

32.1 Period of annual leave

32.1.1 An employee is entitled to four weeks annual leave on ordinary pay after twelve months continuous service and annually thereafter.

32.1.2 Seven-day shift workers who are rostered to work on sixteen or more shifts per twelve month period which involves work on a Sunday or public holiday will be entitled to one additional week’s leave on ordinary pay.

32.1.3 Seven day shift workers who are rostered to work less than sixteen shifts per twelve month period which involve work on a Sunday or public holiday will be entitled to additional leave on ordinary pay as follows:

Up to 5 such days
Nil
6 to 7 days
1 day
8 to 10 days
2 days
11 to 13 days
3 days
14 to 15 days
4 days

32.1.4 Seven day shift worker means an employee who works on a roster which involves ordinary working time on any day of the week including Saturdays, Sundays and public holidays.

32.2 Notice required

32.2.1 The employer shall give each employee one month’s notice of the date from which annual leave shall be taken.

32.3 Public holidays excluded

32.3.1 Where any trade or public holiday for which an employee is entitled to payment under an Act, an Award or a contract of employment falls during any period of an annual leave taken by an employee under this clause, the period of the leave shall be increased by one day.

32.4 How leave is to be taken

[Pt C:32.4 substituted by PR969468 ppc 19Jan06]

32.4.1 The annual leave shall be given and taken in four consecutive weeks or, if the employee and the employer so agree, in two separate periods.

32.4.2 However, an employee may request and, with the consent of the employer choose one of the following options:

32.4.2(a) take short-term Annual Leave, not exceeding four days in any calendar year, at a time or times separate from any of the periods determined in accordance with clause 32.4.1; or

32.4.2(b) in single day periods not exceeding ten days in any calendar year at a time or times agreed between them.

32.4.3 Any leave to which an employee may be entitled to will be given by the employer and taken by the employee within six months of the leave becoming due.

32.5 Leave in advance

32.5.1 If the employee and the employer so agree the annual leave may be taken in either of the methods contained in clause 32.4.2 Such leave may be taken wholly or partly in advance before the employee has become entitled to the annual leave.

32.5.2 Where the annual leave or any part thereof has been taken before the right to the annual leave has accrued, the right to further annual leave shall not commence to accrue until after the expiration of the year of employment in respect of which the annual leave or part there of has been taken.

32.6 Payment for period of annual leave

32.6.1 The employer shall pay each employee ordinary pay for the leave period in advance before the commencement of the leave period. Payment shall not be made by an employer to a employee in lieu of any annual leave or part thereof to which the employee is entitled under this Award nor shall any such payment be accepted by the worker.

32.6.2 Definitions:

"Ordinary pay" means remuneration for the employee's normal weekly number of hours of work calculated at the ordinary time rate of pay. Where the employee is provided with the board or lodging by the employer ordinary pay, includes the cash value of that board or lodging.

"Week" means the worker's ordinary working week.

"Employee" means any person employed by an employer to do any work for hire or reward and includes an apprentice and any other person whose contract of employment requires to learn or to be taught any occupation.

32.6.3 Where no ordinary time rate of pay is fixed for work under the terms of an employee’s employment, the ordinary time rate of pay shall be deemed to be the average weekly rate earned by the employee during the period in respect of which the right to the annual leave accrues.

32.6.4 Where no normal weekly number of hours is fixed for work under the terms of an employee’s employment, the normal weekly number of hours of work shall be deemed to be the average weekly number of hours worked by the employee during the period in respect of which the right to the annual leave accrues.

[Pt C:32.6.5 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442 PR978811; PR983231 ppc 01Oct08]

32.6.5 The cash value of any board or lodging provided for an employee shall be deemed to be its cash value as fixed by or under the terms of the employee's employment or, if it is not so fixed, shall be computed at the rate of $2.86 a week for board and $1.43 a week for lodging.

32.6.6 The value of lodging or the amount of any payment in respect of board or lodging shall not be included in any case where the board or lodging is provided or the payment is made not as part of an employee’s ordinary pay, but

32.6.6(a) Because the work by the employee is in such a locality as to necessitate sleeping elsewhere other than at the genuine place of residence, or because of any special circumstances.

32.6.6(b) The employee has taken part of that leave - the employer shall be deemed to have given the remaining part of that leave to the worker from the date of the termination of the employment and shall pay to the worker, in addition to all other amounts due, ordinary pay for the period of that remaining part.

32.6.6(c) Any special circumstances.

32.7 Annual leave and rostered day’s off

32.7.1 Upon taking annual leave, the operation of the work cycle which entitles an employee to a rostered day off shall be suspended. Upon resumption of work, the entitlement period of accrual shall resume and the employee shall be entitled to be rostered to take a day off upon completing the balance of the work cycle.

32.8 Annual leave and termination of employment

32.8.1 In the event an employee is entitled to a full period of annual leave and is terminated, the employer shall pay forthwith to the worker, in addition to all other amounts due, ordinary rates for the period of that annual leave.

32.8.2 In the event an employee has taken part of an annual leave entitlement and is terminated, the employer shall pay to the employee in addition to all other amounts due, ordinary rates for the remaining period of annual leave.

32.8.3 Where the employment of any worker is terminated prior to completing a year of service, the employer shall pay forthwith to the employee an amount equal to four forty-eighths of ordinary pay for that period of employment.

32.8.4 Where an employee is terminated prior to completing a year of service and has taken annual leave in advance, the employer shall be entitled to deduct an amount of money equal to the period of annual leave taken by the employee upon the termination of employment.

32.8.5 Annual leave and temporary close down

When an employer intends to close temporarily (or reduce to nucleus the establishment or a section thereof for the purpose of allowing annual leave to the employee’s concerned, or a majority of them, the employer may give in writing to the employee’s one month's notice (or, in the case of any employee engaged after giving of such notice, notice on the date of the employee’s engagement) that the employer elects to apply the following provisions:

32.8.5(a) Any such employee who at the date of closing is entitled to annual leave shall be given annual leave commencing as on and from the date of closing and, in addition, shall be paid four forty-eighths of ordinary pay for any period of employment after the accrual of the right to the annual leave and up to but excluding the date of closing;

32.8.5(b) Any such employee who at the date of closing is not entitled to annual leave shall be given leave without pay as on and from the date of closing and shall be paid four forty-eighths of ordinary pay for the period of employment since the commencement thereof or the accrual of the last annual leave (whichever is the later) and up to but excluding the date of closing, together with pay or any trade or public leave during such leave for which the employee is entitled to payment under any Act , Award or contract of employment; and

32.8.6 The next twelve-monthly qualifying period of employment for every such employee shall commence as on and from the date of closing.

32.8.7 In this subclause "date of closing" in relation to each employee means the first day of annual leave or leave pursuant to this subclause.

32.9 Annual leave and continuity of employment

32.9.1 For the purposes of this Award a year of employment shall be deemed to be unbroken notwithstanding:

32.9.1(a) any annual leave or long service leave taken during that period.

32.9.1(b) any interruption or ending of the employment by the employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave;

32.9.1(c) any absence from work of not more than fourteen days in the year of employment on account of sickness or accident;

32.9.1(d) any absence on account of leave (other than annual leave or long service leave) granted, imposed or agreed to by the employer;

32.9.1(e) any absence on any other account not involving termination of employment:

32.9.2 In calculating twelve months continuous service:

32.9.2(a) any annual leave taken during that period or any absences of the kind mentioned in clauses 32.9.1(a), 32.9.1(b) and 32.9.1(c) must be counted as part of such period.

32.9.2(b) in respect of absence of the kind mentioned in clauses 32.9.1(d) and 32.9.1(c) the employee must serve such additional period as part of his or her qualification for annual leave as will equal the period of such absences.

32.10 Annual leave loading

32.10.1 During each period of annual leave a weekly employee shall receive a loading of 17-1/2 per cent on the ordinary wage rate prescribed for his or her classification under this Award. Annual leave loading as prescribed above shall not apply to proportionate leave on termination of employment.

32.11 Annual leave accrual / carrying forward

[Pt C:32.11 inserted by PR969468 ppc 19Jan06]

To assist employees in balancing their work and family responsibilities, an employee may elect, with the consent of the employer, to accrue and carry forward any amount of annual leave for a maximum of two years from the date of entitlement.


33. PERSONAL LEAVE

[Pt C:33 substituted by PR969468 ppc 19Jan06]


The provisions of this clause apply to full-time employees, but do not apply to casual employees. The entitlements of casual employees are set out at 12.6

33.1 Amount of paid personal leave

33.1.1 Paid personal leave is available to a full time employee when he or she is absent:

33.1.1(a) due to personal injury or sickness ; or

33.1.1(b) for the purposes of caring for an immediate family or household member who is sick and requires the employee's care and support; or

33.1.1(c) for the purposes of caring for an immediate family or household member who requires care due to an unexpected emergency

33.1.2 The amount of personal leave to which an employee (other than a casual employee) is entitled depends on how long the employee has worked for the employer and accrues:

33.1.2(a) in the first year of service as 38 hours; and

33.1.2(b) in the second and subsequent years of service, as 60.8 hours.

33.1.3 In any year unused personal leave accrues by the lesser of:

33.1.3(a) 60.8 hours less the number of hours of personal leave for personal injury and sickness taken during the year; or

33.1.3(b) the balance of the year's unused personal leave.

33.2 Immediate family or household

33.2.1 The entitlement to use personal leave for the purpose of caring for an immediate family or household member is subject to the person in respect of whom the leave is taken being either:

33.2.1(a) a member of the employee's immediate family; or

33.2.2(b) a member of the employee's household.

33.3 Personal leave for personal injury and sickness

33.3.1 Definition

Personal leave for personal injury and sickness is leave to which an employee other than a casual is entitled without loss of pay because of his or her personal injury or sickness.

33.3.2 Entitlement

The amount of personal leave an employee other than a casual employee may take as personal leave for personal injury and sickness depends on how long he or she has worked for the employer and accrues:

33.3.2(a) in the first year of service as five days of ordinary working time, or in the case where the employee normally works more than ordinary hours in any day, as 38 hours of ordinary working time. Provided that during the first six months of the first year of a period of service with an employer, the employee shall be entitled to personal leave for personal injury and sickness which shall accrue on a pro rata basis of 6.33 hours of working time for each month of service completed with that employer. On application by the employee during the seventh month of employment and subject to the availability of an unclaimed balance of personal leave for personal injury and sickness the employee shall be paid for any personal leave for personal injury and sickness taken during the seventh month of employment and subject to the availability of an unclaimed balance of personal leave for personal injury and sickness the employee shall be paid for any personal leave for personal injury and sickness taken during the first six months and in respect of which payment was not made.

33.3.2(b) in the second and subsequent years of service, as 8 days ordinary working time or 60.8 hours of ordinary working time in the case of an employee who normally works more than 7.6 hours on one day.

33.3.3 Conditions of personal leave for personal injury and sickness

33.3.3(a) An employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers compensation.

33.3.3(b) Evidentiary requirements for taking personal leave for personal injury and sickness are set out at clause 33.6

33.3.3(c) An employee shall not be entitled to single days of paid personal leave for personal injury and sickness on more than one occasion in any one year of service unless the employee produces to the employer a certificate from a qualified medical practitioner to the effect that the employee is unfit for duty on account of personal illness or injury by accident.

33.3.3(d) Personal leave for personal injury and sickness shall accumulate from year to year so that any balance of the period specified in paragraph 33.3.2(a) or 33.3.2(b) as applicable, or in clause which has in any year not been allowed to an employee by the employer as paid leave may be claimed by the employee and shall be allowed by the employer in a subsequent year without diminution of the sick leave prescribed in respect of that year.

33.3.3(e) Notwithstanding anything contained in 33.3.3(a), an employee suffering injury through an accident arising out of and in the course of employment (not being an injury in respect of which the employee is entitled to workers' compensation) necessitating the employee's attendance during working hours on a doctor, chemist or trained nurse, or at a hospital, shall not suffer any deduction from pay for the time (not exceeding four hours) so occupied in the day of the accident, and shall be reimbursed by the employer all expenses reasonably incurred in connection with such attendance.

33.3.3(f) If an employee falls ill on annual leave and produces satisfactory evidence of the illness, the employee will be granted additional leave equivalent to the period of sickness and the absence will be deducted from any such leave accrual.

33.3.3(g) In the case of an employee with not less than three months continuous service, continuity of employment for the purposes of this clause shall not be affected by reason of the employee being stood off on account of seasonal fluctuations for any period not exceeding three months in any personal leave year. For the purposes of this paragraph seasonal fluctuations include the termination of an employee's services owing to completion of contracts.

33.3.4 For the purposes of this sub-clause 'year' means the period from the date of commencement of an employee's service to the anniversary of such date in each subsequent twelve months employment.

33.4 Personal leave to care for immediate family or household members

33.4.1 Entitlement

33.4.1(a) An employee other than a casual with responsibilities in relation to either members of the employee's immediate family or household who are sick and need the employee's care and support is entitled to use up to 10 days per annum of the personal leave entitlement as carer’s leave to provide care and support for such persons when they are ill.

33.4.1(b) In normal circumstances an employee must not take carer's leave under this clause where another person has taken leave to care for the same person.

33.4.2 The entitlement to use personal leave is subject to the employee being responsible for the care of the person concerned.

33.4.3 By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purpose of caring for members of the employee’s immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.

33.4.4 Unpaid Personal leave to care for immediate family or household members.

An employee may take unpaid personal leave to care for immediate family or household members by agreement with the employer.

33.4.5 Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) of unpaid leave per occasion provided that notice and evidentiary requirements of 33.5 and 33.6 are met.

33.5 Notice required

33.5.1 Where an absence is due to personal injury or sickness, an employee shall as soon as possible, except where it is impractical to do so, inform the employer at least one hour prior to the time the employee is required to report for duty, of the employee’s inability to attend for duty and shall as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.

33.5.2 Where an absence is due to the need to care for an immediate family or household member, the employee must, where practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and his or her relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone of such absence at the first opportunity on the day of absence.

33.6 Evidentiary requirements

33.6.1 Where an absence is due to personal injury or sickness, an employee shall prove by providing a medical certificate or other evidence to the satisfaction of the employer that the employee was unable on account of such illness or injury to attend for duty on the day or days for which personal leave for personal injury and sickness is claimed.

33.6.2 Where an absence is due to the need to care for an immediate family or household member who is sick, the employee must, if required, establish by production of a medical certificate or other evidence satisfactory to the employer, the illness of the person concerned and that the illness is such as to require care by another.

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

33.7 Definitions

33.7.1 For the purposes of this clause:

Immediate Family includes:

33.7.1(a) spouse (including a former spouse, a defacto spouse and a former defacto spouse) of the employee. A defacto spouse, in relation to an employee, means a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; and

33.7.1(b) child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

33.7.2 Sickness means personal illness or injury by accident other than illness or injury for which Workers Compensation is payable.

33A. BEREAVEMENT LEAVE

[Pt C:33A inserted by PR969468 ppc 19Jan06]

33A.1 Entitlement

33A.1.1 An employee (other than a casual employee) is entitled to use up to 2 working days of bereavement leave, on each occasion, on the death of a member of the employee’s immediate family or a member of the employee’s household. Bereavement leave shall be paid at the employee’s ordinary time rate of pay.

33A.1.2 The entitlement to bereavement leave is subject to the production of evidence to the reasonable satisfaction of the employer.

33A.2 Other leave not extended

If a death or funeral occurs during another period of leave, the employee shall not be entitled to an extension of leave.

33A.3 Unpaid leave

Where an employee has exhausted all personal leave entitlements including accumulated entitlements he or she is entitled to up to two days unpaid bereavement leave.


34. JURY SERVICE

34.1 A weekly employee required to attend for jury service during his ordinary hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his attendance for such jury service and the amount of wage he would have received in respect of the ordinary time he would have worked had he not been on jury service.

34.2 An employee shall notify his employer as soon as possible of the date upon which he is required to attend for jury service. Further if required, the employee shall give his employer proof of his attendance, the duration of such attendance and the amount received in respect of such jury service.


35. PARENTAL LEAVE

[Pt C:35 substituted by PR969468 ppc 19Jan06]


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

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

An eligible casual employee means a casual employee:

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

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

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

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

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

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

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

35.1 Definitions

35.1.1 For the purpose of this clause child means a child of the employee under school age except for adoption of a child where ‘child’ means a person under school age who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

35.1.2 Subject to 35.1.3, in this clause, spouse includes a de facto or former spouse.

35.1.3 In relation to 35.5, spouse includes a de facto spouse but does not include a former spouse.

35.2 Basic entitlement

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

35.2.2 Subject to 35.3.6, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

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

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

35.3 Maternity leave

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

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

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

35.3.2 When the employee gives notice under 35.3.1(a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

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

35.3.4 Subject to 35.2.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

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

35.3.6 Special maternity leave

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

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

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

35.3.7 Where leave is granted under 35.3.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

35.4 Paternity leave

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

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

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

35.4.1(c) except in relation to leave taken simultaneously with the child’s mother under clause 35.2 and 35.7 a statutory declaration stating:

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

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

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

35.4.2 The employee will not be in breach of 35.4.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

35.5 Adoption leave

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

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

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

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

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

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

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

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

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

35.6 Variation of period of parental leave

Where an employee takes leave under 35.2 or 35.7, unless otherwise agreed between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified as soon as possible but no less than four weeks prior to the commencement of the changed arrangements. Nothing in this clause shall detract from any entitlements set out in 35.2.

35.7 Right to request

35.7.1 An employee entitled to parental leave pursuant to the provision of clause 35.2 may request the employer to allow the employee:

35.7.1(a) to extend the period of simultaneous unpaid parental leave provided for in clause 35.2.2 up to a maximum of eight weeks;

35.7.1(b) to extend the period of unpaid parental leave provided for in clause 35.2.1 by a further continuous period of leave not exceeding 12 months;

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

to assist the employee in reconciling work and parental responsibilities.

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

35.8 Employees request and employer’s decision to be in writing

The employees request under clauses 35.7.1(b) and 35.7.1(c) must be recorded in writing

35.9 Request to return to work part time

Where an employee wishes to make a request under 35.7.1(c), such a request must be made as soon as possible but no less than 7 weeks prior to the date upon which the employee is due to return to work from parental leave.

35.10 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks or a longer period as agreed under 35.7.

35.11 Transfer to a safe job

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

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

35.12 Returning to work after a period of parental leave

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

35.12.2 Subject to clause 35.12.3, an employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 35.11, the employee will be entitled to return to the position they held immediately before such transfer.

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

35.13 Replacement employees

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

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

35.14 Communication during parental leave

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

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

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

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

35.14.3 The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with 35.14.1(a)


36 PUBLIC HOLIDAYS

36.1 An employee other than a casual shall be entitled to holidays on the following days:

36.1.1(a) New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day;

36.1.1(b) The following days, as prescribed in the relevant States, Territories and localities: Australia Day, Anzac Day, Queen's Birthday and Eight Hours' Day or Labour Day; and

36.1.1(c) One other day to be as Melbourne Cup Day in the metropolitan area only. If Melbourne Cup Day is a gazetted holiday in other areas, then clause 36.1.1(d) applies.

36.1.1(d) State or territory public holidays other than those referred to above, shall constitute additional holidays for the purpose of this award.

36.1.2 Leave of absence granted pursuant to this clause will count as service for all purposes of this award.

36.2 Substitute holidays

36.2.1 When Christmas Day is a Saturday or a Sunday, a holiday instead will be observed on 27 December. In relation to full-time employees whose ordinary hours are regularly rostered to be worked on a Saturday or Sunday, when substitution occurs because Christmas Day falls on a weekend, ordinary hours worked on 25 December will attract an additional loading of half a normal day’s wage for a full day’s work in addition to the Saturday/Sunday rate and the employee will also be entitled to the benefits of the substituted public holiday.

36.2.2 When Boxing Day is a Saturday or a Sunday, a holiday instead will be observed on 28 December;

36.2.3 When New Year’s Day is a Saturday or Sunday, a holiday instead will be observed on the next Monday.

36.2.4 By agreement between the employer and an employee or a majority of employees in the relevant enterprise or section of the enterprise, an alternative day may be taken as the public holiday in lieu of any prescribed days.

36.2.5 Any agreement made pursuant to clause 36.2.4 will be recorded in writing and made available to each affected employee.

36.3 Payment for public holiday

36.3.1 No employee will receive any deduction from pay for any public holiday which falls on a normal working day. An employee will be paid for normal rostered hours including any penalties which apply in accordance with clause 28.1.4.

36.3.1(a) Normal rostered hours are those that would have applied if the public holiday did not interrupt the usual roster arrangements. Special public holiday rosters do not apply in assessing normal rostered hours. However, if any employee is normally rostered off (other than an accrued rostered day off) then no payment is due to the employee.

36.3.2 An employee required to work on a public holiday will be paid at a rate of time and one half for hours worked in addition to the day’s payment provided for in clause 36.2. However any payment will be limited to a maximum of double time and a half.

36.3.2(a) If an employee works hours in excess of normal rostered hours on a public holiday the employee will be paid at the rate of double time and one half for all time worked in excess of normal rostered hours.

36.3.2(b) Casual employees will be paid for all time worked on a public holiday at the rate of double time and one half plus the appropriate casual loading in accordance with clause 12 of this award.

36.4 Rostered days off

If a public holiday falls on a day which is an accrued rostered day off the employee will have an additional paid day added to his or her annual leave entitlement.

36.5 Absence before or after a public holiday

An employee who fails to attend for work without reasonable excuse or without the consent of the employer, on the working day before and/or after any public holiday will not be entitled to be paid for that public holiday.


PART 7 TRAINING
37 TRAINING

37.1 Following proper consultation, which may involve the setting up of training committees, the employer shall develop a training policy and program consistent with:

37.1.1 the current and future skill needs of the enterprise;

37.1.2 the size, structure and nature of the operations of the enterprise;

37.1.3 the need to develop vocational skills relevant to the enterprise and the transport industry through courses conducted by appropriate training providers.

37.1.4 Where, as a result of consultation, it is agreed by the employer that additional training in accordance with the programme developed pursuant to clause 37.1 herein should be undertaken by an employee, such training may be undertaken either on or off the job. Provided that if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.

37.1.5 Any costs associated with standard fees for prescribed courses, prescribed textbooks (excluding those textbooks which are available in the employer's technical library) and travel costs incurred in connection with the undertaking of training may be reimbursed by the employer on such terms and conditions as the employer and employee agreed are appropriate.

37.1.6 Clauses 37.1.1 and 37.1.2 above shall operate as interim provisions and shall be reviewed after twelve months' operations.


38 TRAINEE DRIVERS AND TRAINING ON REGULAR SERVICES

38.1 A learner under instruction either as a driver or observer shall while accompanied by a tutor receive the ordinary rate prescribed in clause 6 hereof up to 38 hours in any five days in a week. All time spent under such instruction in excess of 38 hours or five days in any week shall be paid for at the appropriate overtime rates as prescribed in clause 31.

[Pt C:38.2 varied by PR934634 PR948877 PR960024; corrected by PR960402; varied by PR975442; corrected by PR976905; varied by PR978811; PR983231 ppc 01Oct08]

38.2 A driver training a trainee driver shall be paid a sum of $1.78 per hour or part thereof while so employed.

SCHEDULE A1 - RESPONDENTS

A.A.T. Kings Tours Pty Ltd, 108 Ireland Street, West Melbourne 3003
Australia Wide Touring Pty Ltd, 38 Milton Street, West Melbourne 3003
Australian Pacific Tours Pty Ltd, 475 Hampton Street, Hampton 3188
Camping Tours of Australia by Centralian Staff Pty Ltd, 10 Bignall Road, Moorabbin 3189
Carah Coaches, 127 Creek Street, Brisbane 4000
Jacnis Nominees Pty Ltd, (trading as Across Australia Coachlines), 74 Stirling Street, Perth 6000
Jacnis Nominees Pty Ltd, 1st Floor, 16 Ord Street, West Perth 6005
Leslie, Carol Ann., Leslie, Philip Clarence., Oehm, Barbara Joan, Oehm., James, Trading as Leslies Omnibus Services, 25 Forge Street, Blacktown 2148
[M1764] McCaffertys Management Pty Ltd, A Division of McCaffertys, 26 Neil Street, Toowoomba 4350
[M1764] McCaffertys Management Pty Ltd, 28 Neil Street, Toowoomba 4350
[T0703] Murrays Charter Coaches and Travel Service Pty Ltd, 1 Mugga Lane, Red Hill, ACT 2603
Nomad Tours Australia, 3 Hall Street, Moonee Ponds 3039
Nomad Tours of Australia 3/18 Hall Street, Moonee Ponds 3039
Olympic East West Express Pty Ltd, 90 Koornang Road, Carnegie 3163
Olympic East West Express Pty Ltd, 20 Koornang Road, Carnegie 3163
Olympic East West Express No. 2 Pty Ltd, 90 Koornang Road, Carnegie 3163
Western Roadliners Pty Ltd Danilenko Street, Parkes 2870

SCHEDULE A - RESPONDENTS

[N8349] AAA Tours Pty Ltd 12 Sheridan Court Salisbury Heights SA 5109
[L4202] A1 Always Passenger Service Pty Ltd, 53 Anderson Walk, Wingfield SA 5013
Aaronic Pty Ltd, 8 Finniss Street, Darwin 5790
[L4202] Adelaide Mini Buses, Windemere Street, Seacombe Gardens SA 5047
[L4202] Adelaide Mystery Tours, 14 Wilpena Avenue, Klemzig SA 5087
[L4202] Adelaide Sightseeing, 101 Franklin Street, Adelaide SA 5000
[L4202] Admiral Roadlines, 628 Brighton Road, Seacliff Gardens SA 5049
[G8275] Advance Express Coachlines Pty Ltd, 46 Station Street, Penrith 2750
[S8456] Adventure Tours Pty Ltd t/as Safari Treks 1st Floor, 25 Walters Drive, Osborne Park WA 6017
[L4202] Aldinga Charter, 12 Stanfield Road, Aldinga Beach SA 5173
Amesz Adventure Tours, 160, 2A Beechboro Road, Bayswater 6053
[M5474] Amesz Tours & Expeditions, 4 Elmsfield Road, Midvale WA 6056
Annes Courtesy Tours, 10 Bay View Street, Darwin 5790
Ansett Motors Pty Ltd, 210 Gray Street, Hamilton 3300
[L4202] Associated Tours Service, 233 Port Road, Queenstown SA 5014
[H9199] Astra Limousines Pty Ltd, 328 Aberdeen Street, West Perth, WA 6005
[G0751] Aussie Express, C/ - Ken Morgan, 16 Avondale Road, Cooranbong 2265
[L4202] Aussie Express, 230 Franklin Street, Adelaide SA 5000
[G8275] Australian Kakadu Tours Pty Ltd, G.P.O. 3470, Darwin 5794
[N2435] Australiana Limousine Services Pty Ltd, Suite 13, Showground Shopping Centre, 157 Mulgrave Road, Westcourt, QLD 4870
[G6410] Aviation Services Pty. Ltd., Trading as Skybus, 10 Bowman Street, South Perth 6151
Ayres Coach Services, 274 Murray Street, Hobart 7000
[R2315] Bacchus Marsh Coaches Pty Ltd, 6 Bond Street BACCHUS MARSH VIC 3340
[L4202] Banksia Tours, Black Hill Road, Houghton SA 5131
[L4202] Barossa-Adelaide Passenger Service, Sturt Highway, Nuriootpa SA 5355
[L4202] Barry Tours, 64 Fairford Terrace, West Lakes Shore SA 5020
[L4202] Barts Coaches, Oborn Road, Mount Barker SA 5251
[L4202] Billabong Tours, 23 Billabong Road, Para Hills SA 5096
Bill Kings Red Centre Tours, P.O. Box 2279, Alice Springs 5750
[L4202] Birdwood-Mannum Coaches, 18 Pambula Road, Regency Park SA 5010
[L4202] Bonds Mount Gambier Motor Service Pty Ltd, 111 Franklin Street, Adelaide SA 5000
Bourke, Phillip Michael, Trading as Spinifex Tours, P.O. Box 2433, Alice Springs 5750
[N2754] Brejon Pty Ltd T/a Bellarine Bus Lines, 45 Wills Crescent, Moolap VIC 3221
[G0751] Brown, R.D. & J.M., PO Box 27, Delegate 2633
[L4202] Bryley Coachlines, 1 Paradise Grove, Highbury SA 5089
Budget Travel Service, 17 Drysdale Road, Craigie 6025
[L4202] Bus & Coach Charter Services, 233 Port Road, Queenstown SA 5014
C.A.T.A. Tours Pty Ltd, Alice Springs 5750
Casey Adventure Tours Unit 4, 7 Kembla Way, Willetton 6155
[H2662] Centralian Pty Ltd, 1 James Street, Clayton VIC 3168
Child, R.G. & P.D., 123 Main Road, Bridport 7254
Child, K.G. & P.D., 123 Main Road, Bridport 7254
[S8456] Chris’s Coaches Pty Ltd 90 Turner Street PORT MELBOURNE VIC 3207
Classic Coach Tours, 54 Brisbane Street, Launceston 7250
[H2663] Classic Coach Tours, 54 Brisbane Street, Launceston TAS 7250
Classic Coach Tours, 45 Brisbane Street, Launceston 7250
Coast Linter Express, 47A Brisbane Street, Launceston 7250
[N3560] Colin Roderick Ferrell, T/as Carnarvon Bus Charter, 356 Robinson Street, Carnarvon WA 6701
Cooks Coaches, 140 Brisbane Street, Hobart 7000
Cresswell J. & Son Coach Operators, 4 Rossendell Avenue, West Hobart 7000
Cresswell, M.D. & N.D. (Ace Bus Service Proprietors), 44 Riverway, Montrose 7010
[T3263] Czarvic Pty Ltd, T/as Bayside Coaches, 2 Winston Court, MOORABBIN EAST VIC 3189
[R2315] D & J MacKenzie Pty Ltd, T/as Bendigo Bus 31 Webster Street BENDIGO VIC 3550
Darwin Travel Services Pty Ltd, 8 Finniss Street, Darwin 5790
Darwin Hire Service, Darwin 5790
[F9381] Deluxe Operations Pty Ltd, 6 Newman Street, Wangaratta 3677
[F9381] Deluxe Coachlines Pty Ltd, corner Castlereagh and Hay Streets, Sydney 2000
[M5474] Dicksons Westliner, 32 Elmsfield Road, Midvale WA 6056
[L4202] E & K Minitours, 13 Adele Avenue, Paradise SA 5075
[L4202] Eagle Tours, 3 Pattinson Road, Newton SA 5074
[N8349] Eventualities Pty Ltd, 111 Franklin Street Adelaide SA 5000
[G8275] Executive Express, 56 Spencer Street, Melbourne 3000
[L4202] Explorer Coachline Travel Pty Ltd, 179 King William Street, Hyde Park SA 5061
[L4202] Explorer Coachlines Pty Ltd, 179 King William Street, Hyde Park SA 5061
[L4202] Fallands Busline, 32 Truscott Street, Enfield SA 5085
[L4202] Farnham Roadlines, 4 Lutyens Avenue, St Agnes SA 5097
[G0751] Fasham, G.C., 53 Wakool Street, Barham 2739
Feature Tours, 14/795 Beaufort Street, Mt Lawley 6050
Federal Hotels (Alice Springs) Pty Ltd, The Barrett Drive, Alice Springs 5750
[L4202] Festival Mini Tours Pty Ltd, 11 Nickels Avenue, Park Holme SA 5043
[L4202] Flynns Buslines, 12 Wilpena Avenue, Klemzig SA 5087
[N8359] Fox’s Coaches Pty Ltd 24 Hillcrest Road Devonport TAS 7310
[F7993] Gill and Associates 349 Queen Street, Brisbane 4000
[S8456] Gull Enterprises Pty Ltd t/as Gull Tours 45 McKillop Street, Geelong VIC 3220
[L4202] Goldliner Coach Tours & Charter, 5 Tucker Crescent, North Haven SA 5018
Goldsmith, Leigh William, trading as Alice Springs Four Wheel Drive Tours, P.O. Box 688, Alice Springs 5750
[L4202] Grantham Coaches, 3 Roycroft Avenue, Salisbury East SA 5019
[L4202] Greenline Coaches, 7 Roxburgh Avenue, Lonsdale SA 5160
[1998/5] G W & B Stroud Investments Pty Ltd T/as Thommo’s Transport, c/- Hall Chadwick, 1st Floor 74 Abbott Street CAIRNS QLD 4870
[L4202] Hahndorf Tours Pty Ltd, Greenhills Road, Macclesfield SA 5153
[L4202] Harris Coaches, 57 Hillier Road, Gawler SA 5118
[R2315] Hastings Coaches Pty Ltd, 250 Marine Parade HASTINGS VIC 3915
[L4202] Highbury Coachlines, 22 Jacobsen Crescent, Holden Hill SA 5088
Hilders Coaches, 33 Lennox Avenue, Moonah 7009
[N3560] Hills Transit Pty Ltd, C/- Piper Alderman, 167 Flinders Street, ADELAIDE SA 5000
[S6441] Hobart Coaches Pty Ltd, 8C Lampton Avenue, DERWENT PARK TAS 7009
[L4202] Holiday Makers Pty Ltd, 27 North Terrace, Adelaide SA 5000
[G0751] Holman, Maxwell, trading as South Western Coach Lines, 34 Toronto Parade, Sutherland 2232
[G0751] Holman, Annett Louise, trading as V.I.P. Express Coaches, 34 Toronto Parade, Sutherland 2232
[G0751] Holman Enterprises Pty Ltd, 34 Toronto Parade, Sutherland 2232
[S6441] Horwood Enterprises Pty Ltd t/as Southern Cross Transit Holden McCall, Suite 16, Level 1, Princeton Ct1, 18 Brookfield Road, KENMORE QLD 4069
[G8275] Howick Investments Pty Ltd, "Ballyglunin West", Henty Highway, Hamilton 3300
[R2315] Intingo Wan Nominees Pty Ltd, 250 Marine Parade, HASTINGS VIC 3915
Jordon, R.R. 27 Burghley Street, Longford 7301
[L4202] K & K Princes Lodge Tours, 73 Lefevre Terrace, North Adelaide SA 5006
K.T. Tours and Information Centre, Stuart Park 5790
Katherine Bus and Taxi Service, Katherine Terrace, Katherine 5780
Keetly Tours Pty Ltd, 1 Duke Street, Darwin NT 5790
[L4202] Key Charter Services Pty Ltd, 24 Beafield Road, Para Hills West SA 5096
[S8456] Kefford Pty Ltd, 40 Industrial Avenue, Hoppers Crossing, VIC 3029
Lambert, Brian, Katherine Terrace, Katherine 5780
Lane, James Charles, trading as Landscanner Tourist Services, P.O. Box 3519, Alice Springs 5750
[L4202] L'Dace Coachlines, 14 Wilpena Avenue, Klemzig SA 5087
Learys Coaches, 2 Bland Street, Rokeby 7019
[S8456] Lunn Enterprises Pty Ltd t/as Once In A Lifetime Tours 11 Fitzroy Street, Queens Park WA 6107
Manion, B.J. Beaconsfield 7251
March Motor Tours, Ampol Roadhouse, 6 Katherine Terrace, Katherine 5780
[R2315] Matelan Pty Ltd, 113 Whyte Street COLERAINE VIC 3315
Matilda Mine Tours, Darwin 5790
Matilda Tours Pty Ltd, 8 Finnis Street, Darwin 5790
[L4202] Mayors Bus Service, Greenhills Road, Macclesfield, SA 5153
[F7993] McFaden Ken, and Co. Pty Ltd (trading as Glanville Coaches) c/- R.O. Gill and Associates 349 Queen St Brisbane 4000
[R2315] Melbourne Bus Link Pty Ltd, 1st Floor 225 Bridge Road RICHMOND VIC 3121
[N8359] Mersey Bus & Coach Service Pty Ltd 113 Wright Street East Devonport TAS 7310
[L4202] McGregory Mini Coach Charter, 7 Roxburgh Avenue, Lonsdale SA 5160
Mieba Nominees Pty Ltd, trading as Outback Tourist Centre, C/- Peat, Marwick, Mitchell and Co., 14 Parsons Street, Alice Springs N.T. 5750
Mildura Bus Lines, 78 7th Street, Mildura 3500
Mills, Paul Nicholas., and Mills, Michelle Joan, trading as Frontiers Tours, P.O. Box 2836, Alice Springs 5750
Mini Coach Tours, 54 Brisbane Street, Launceston 7250
Mini Coach Tours, 45 Brisbane Street, Launceston 7250
[R2315] Moorabbin Transit Pty Ltd, 9 Foster Street DANDENONG VIC 3175
Morgan, Mr J., Trading as Morgans Territory Tours, 16 Whitewood Road, Howard Springs 5791
Morrison, Eric, 15 Ben Venue Avenue, St Leonards 7250
Morse's Motor Service, 72 Bear Street, Devonport 7310
[L4202] Mount Barker Passenger Service Pty Ltd, OBorn Road, Mount Barker SA 5251
[T3263] Mountjoy Public Transport Pty Ltd, t/as Martyr’s Bus Service Main Street WARBURTON VIC 3799
Mountain Stage Line, 10 Suffolk Street, Launceston 7250
Mudgee, A.J. and L.A. Bus Service Queenstown, 3 King Street, Queenstown 7467
[H9947] Multitjulu Community Incorporated, Ayers Rock, Via Alice Springs 5750
[G0751] Nicholson, J.E. & Estate of late J.A., PO Box 26, Mulwala 2647
[S8456] No. 35 High Street Pty Ltd t/as Airport Bus Southern Suburbs 86 Wooralla Drive, Mt Eliza VIC 3930
[S8456] No. 35 High Street Pty Ltd t/as Frankston and Peninsula Airport Bus 86 Wooralla Drive, Mt Eliza VIC 3930
[R2315] Nominees Pty Ltd, T/as Cardinia Transit 9 Foster Street DANDENONG VIC 3175
[S8456] Nuline Charter Pty Ltd, Level 32 Nauru House 80 Collins Street Melbourne VIC 3000
[G0751] O'Hara's Roadlines Pty Ltd, Fannie Bay, 5790
[H9199] Orrmar Holdings Pty Ltd, t/as Australian Intercapital Express, PO Box 9 Revesby North NSW 2212
[H9199] Orrmar Holdings Pty Ltd, trading as Australian Intercapital Express, c/- 6 Atchison Street, Wollongong, NSW 2500
[S6441] Pacific Holdings (Qld) Pty Ltd t/as All-In-A-Day Tours 158 Buchan Street, CAIRNS QLD 4870
[H2537] Papadoulis, Michael Emmanuel, trading as Feature Tours, 2 Cambridge Street Leederville WA 6007
[N2754] Pelizzari, Angelo & Dawn, T/a Southern Cross Bus Services, 11 Clacherty Street, Stratford QLD 4870
Phillips, H.P. Scotts Road, Geeveston 7116
Pinnacle Tours, 5 Central Avenue, Mt Pleasant 6153
[N0139] Pinnacle Tours Pty Ltd, Level 1, 10 Kings Park Road, WEST PERTH WA 6005
[L4202] Raywood Tours, 102 Beafield Road, Para Hills West SA 5096
[N2754] Reef & Rainforest Coast Connections Pty Ltd, 1st Floor, 74 Abbott Street, Cairns QLD 4870
[S6441] Rioca Pty Ltd t/as Coral Coaches 37 Front Street MOSSMAN QLD 4873
[F7993] R.O. Gill and Associates 349 Queen Street, Brisbane 4000
[L4202] Road King Coachlines, 5 Wright Avenue, Northfield SA 5085
Ross River Tours Pty Ltd, 46 Peoppel Gardens, Alice Springs 5750
[N8359] Runbex Pty Ltd T/as Sun Palm and Tropical Limosine & Bus Operators Alford Ebbage Southport 5 Hicks Street Southport QLD 4215
Russel, F.S. 1 Charles Street, Ulverstone 7315
[S8456] Sampson Tours Pty Ltd t/as Goldrush Tours Lot 341 Hay Street Kalgoorlie WA 6430
Sandrifter Safaris, (Mills Graeme Lynton, and Mills, Janice Sylvia., trading as), P.O. Box 1661, Alice Springs 5750
[PR907733] Secure Parking Financial Services Pty Ltd, Suite 1 Level 25, 31 Market Street SYDNEY NSW 2000
[P7890] Seventy-Third S.M.C. Pty Ltd T/as Gold Coast Tourist Shuttle, C/- Webb & Co Services Pty Ltd, 381 Tooronga Road, EAST HAWTHORN VIC 3123
[R2315] Shepparton Transit Pty Ltd, 5 Fordyce Street SHEPPARTON VIC 3630
[H0826] Skenners Transport Industries Pty Ltd, Rochester, White and Malone, Aviation House, Wickham St, Fortitude Valley 4006
[L4202] South Australian Executive Tours, 5 Daly Crescent, West Lakes Shore SA 5020
[N8359] Southport, 5 Hicks Street SOUTHPORT QLD 4215
[L4202] Southside Roadlines, 8 Hales Drive, Lonsdale SA 5160
[L4202] St Agnes Tours, 2 Grant Avenue, Ridgehaven SA 5097
Stenson, D.C. C/- Post Office, Wanguri N.T. 5794
Stoward, C.S. Motor Service, Gravelly Beach 7251
[J7518] Sunliner Queensland Pty Ltd, PO Box 541, Woolloongabba 4102
[R2315] Sunraysia Bus Lines Pty Ltd, 133 Langtree Avenue MILDURA VIC 3500
[Q8437] Surf City Coaches Pty Ltd, Unit 3, 16 Green Glen Road ASHMORE QLD 4214
[F7993] Surfside Bus Lines Pty Ltd 1-10 Mercantile Court ERNEST QLD 4214
Tasmanian Tours and Travel, P.O. Box 129, Ulverstone 7315
Tasmanian Redline Coaches, 112 George Street, Launceston 7250
[PR907276] Torrens Transit Services Pty Ltd, 71-79 Richmond Road, MILE END SA 5031
[F7993] Townsend E.T. & V.A. P.O. Box 111 Renmark 5341
[S6441] Trans North Pty Ltd t/as Trans North Bus & Coach Service – 159-165 Flinders Street, TOWNSVILLE QLD 4810
[L4202] Transit Group of Companies -
[L4202] Transit Mini Buses, Transit's Regency VIP Coaches, Transit Airport City Buses, Transit Rail Bus, Christies Charter Coaches, Glenelg Tourist Coaches, Brighton Mini Buses, Transit Regency Travel Pty Ltd, PO Box 18, Reynella SA 5161
[Q9340] Travelbox Service Pty Ltd, Level 25, 1 Market Street, SYDNEY NSW 2000
[Q8440] Tropic Wings, P.O. Box 1230 CAIRNS QLD 4870
[N8375] Ventry, Phillip James 47 Sunflower Drive Mooroobool QLD 4870
[G0751] V.I.P. (Holman Investments), 34 Toronto Parade, Sutherland 2232
[L4202] Victor Tours (SA) Pty Ltd, 8 Railway Terrace, Port Elliot SA 5212
[F7993] Warringa Outdoor School Inc. 16 Flinders Pde Victor Harbour 5211
[G0751] Waystation Tours, C/ - Geoff Hutchinson, 3 School Street, Port Macquarie 2444
[L4202] Wayward Bus Touring Company Pty Ltd, 500 Marion Road, Plympton Park SA 5038
[L4202] Willunga Charter Services, 14 Norma Road, Willunga SA 5172
[M9239] Wilson Parking Australia 1992 Pty Ltd, Level 8, Forrest Terrace, PERTH WA 6000
[M9239] Wilson Parking Australia 1992 Pty Ltd, Level 7, Challenge Tower, 459 Collins Street, MELBOURNE 3000
[H2537] Woodcraft, Shane, Trading as Ambassador Coach Lines Pty Ltd, 3 Harback Street, Zillmere QLD 4034
[L4202] Yorke Peninsula/Mount Barker Passenger Service, Oborn Road, Mount Barker SA 5251
[L4202] Yorke Peninsula Passenger Service, Oborn Road, Mount Barker SA 5251

Provided that grade 1 (formerly classifications 5(a) and 5(b)) in the table in clause 9 Wage Rates in Part I of the Award shall not apply in respect of Deluxe Coachlines Pty Ltd and Deluxe Operations Pty Ltd, listed herein.

SCHEDULE B - RESPONDENTS

Abrey, S.R., North West Terrace, Morgan 5320
Addicoat, K.G. M.G., 83 Esplanade, Aldinga Beach 5173
Adelaide Coachlines, 42 Dumbarton Avenue, Edwardstown 5039
[G0437] Ainsworth, D.J. & B.I., Central Avenue, P.O. Box 1152, Shepparton East 3631
[H0826] Airwest Pty Ltd, 22-34 Barry Parade, Fortitude Valley 4006
Alato Pty Ltd, Provident Avenue, Glynde 5070
Alexander, R.D. Booleroo Centre 5482
Alexander, T.M. & I.L., P.O. Box 413, Barmera 5345
Ambassador Coachlines Pty Ltd, 12 Wilpena Avenue, Klemzig 5087
Amberley Rosewood Bus Co Pty Ltd, 4 Ernest St Leichardt IPSWICH QLD 4305
Anderson, F.A., P.O. Box 141, Nuriootpa 5355
Armstrong's Charter Coaches, 86 Cochranes Road, Moorabbin 3189
Ashby, R.J., PMB 5, Hallett 5419
Associated Tourist Service, Queenstown 5014
Atkinson, D., P.O. Box 4, Port Germein 5495
Austin, K.R. & Polkinghorne, T.V., North Borkaka Drive, Mypolonga 5254
Australian Rambler Coaches, 58 Lexton Road, Box Hill North 3129
Backler's Bus Service, 22 Janet Street, Kingston 5275
Baenisch, P.A., Main Street, Kapunda 5373
Baker, W.A., 16 Hay Street, Kadina 5554
[G0437] Balzery, R., 10 Blake Street, Nathalia 3618
Banksia Tours, 42 Davenport Street, Banksia Park 5091
Barnes, L.R. Box 102, Wilmington 5485
Barts Coaches Pty Ltd, Littlehampton 5250
Bartsch, J.V., Blyth 5462
Bates, W.A., 62 Vardon Avenue, Lameroo 5302
[G0437] Baude, D.R. & B.E., Omeo Highway, Eskdale 3701
Bawden Motor Service, P.O. Box 188, Penola 5277
[G0437] Baxter, K.G., New Dookie Road, Shepparton 3530
[G8276] Bayside Bus Services, Manly 4179
Bell Street Bus Co. Pty Ltd, 326 Bell Street, Preston 3072
[G0437] Bennett, B.E., Kooloonong 3574
Bentleigh Charter Service, 559 Centre Road, Bentleigh 3204
Berry, R.W., Hills Road, Moonta 5558
Bessen, A.K., Georgetown 5472
Birdwood/Mannum Coaches, Modbury North 5092
Birkin, C.E., Port Neill 5604
Blackstone Busways Pty Ltd, Ipswich 4305
Blanden, R.K., P.O. Box 34, Caltowie 5490
Blue Riband Tourist Coaches Pty Ltd, Old Princes Highway, Werribee 3030
[H0338] Bono F. Ltd (Trading as Firefly Coaches Pty Ltd), 79 Emu Road, Maidstone VIC 3012
Bonython, P., Karoonda 5307
Borg, R.M., Palamountain Street, Mt Gambier 5290
Bottroff, R.A. and R.M., P.O. Box 51, Mannum 5238
Boulton, T.A., Spalding 5454
Bowley, C.K. and B.M., 80 Edmund Street, Port Broughton 5522
Boxall, K.A., Hamley Bridge 5401
Boyce, T.C. and L. C/- P.O., Duckponds Road, Stockwell 5350
Braun, G.R. & G.E., 60 Tobruk Terrace, Loxton 5333
Bridge Garage, Hamley Bridge 5401
Brien, J.B. and Co. Pty Ltd, (Trading as Briens Comfort Coaches), 2 Whitehall Street, Footscray 3011
Brisbane Buslines, 26 Pickering Street ENOGGERA QLD 4051
Brokenshire, M.J. and L.C., 29 Sea View Road, Maitland 5573
Brokenshire, M.P. and L.G., 29 Sea View Road, Maitland 5573
Browning, G.R. and D.I. Yorketown 5576
[G0437] Brownrigg, A.R., N.A. & J.R., Deptford Road, Clifton Creek 3875
Bryant Motors Pty Ltd, Main Road, Eltham 3095
Bryley Charter Service, 1 Paradise Grove, Highbury 5089
Bull Motors, 73 Park Terrace, Naracoorte 5271
Bulls Tourist Services, George Crescent, Alice Springs 5750
Bundaberg Coach Tours, Wittington Road, Bundaberg 4670
Burdett, F.J.A., Copeville 5308
Button, T.M. and V.L., Tintinara 5266
Camping Tours of Australia by Centralian Staff Pty Ltd, 10 Bignall Road, Moorabbin 3189
Case, B.M. and Y.L., 45 Cockburn Road, Jamestown 5491
Caseys Coaches Pty Ltd, 250 East Boundary Road, East Bentleigh 3165
Cheriton, R. And J.A., Karoonda 5307
Church, D.A., Yumali 5261
City of Whyalla, P.O. Box 126, Whyalla 5600
City and Coast Buses, 28 Barolin Street, Bundaberg 4670
Clift, V.L. and D.M., Box 134, Minlaton 5575
Clonan, G.W. and E.M., Box 326, Keith 5267
Coachlines of Australia, 206 Portrush Road, Trinity Gardens 5062
Coaster Mini Tours, 30 Galway Avenue, Kilburn 5084
Cobb and Co. Coaches Pty Ltd, 326 Bell Street, Preston 3071
Collins, J., Cowell 5602
Collins Motor Repairs, Langhorne Creek 5255
Corston, W.B., 33 Gawler Road, Two Wells 5501
Crowther, J.H., 12 Stroud Terrace, Port Lincoln 5606
Croydon Bus Service Pty Ltd, P.O. Box 95, Croydon 3136
Croydon Bus Service Pty Ltd, Macquarie Place, Bayswater 3153
Dalwood Coachlines, 820 Port Road, Woodville 5011
[G0437] Danes, J.E. & K.M. & Richmond, P.M. & R.L., Grand Ridge Road, Balook 3844
Davidson, C.L. and M.F., Mypolonga 5254
Davis, H.G. Services Pty Ltd, 804 Norman Street, Ballarat 3350
Desert Trek (Aust.) Pty Ltd, 79 Valley View Drive, Highbury 5889
Dial-a-Tour Bus Pty Ltd, 206 Portrush Road, Trinity Gardens 5062
Diamond Valley Coaches, 1011 Main Road, Eltham 3095
Dodd, A., Stockwell 5350
Dohse, J., Elizabeth Street, Roseworthy 5371
Domric Pty Ltd, 22 Horn Street, Sunbury 3429
Doyle, P., 118 Vaughan Street, Shepparton 3630
Driver Bus Lines Pty Ltd, 108 Glen Iris Road, Glen Iris 3146
Dunn, P.G., 28 David Street, Kadina 5554
Dyson's L.C. Bus Services Pty Ltd, 755 Plenty Road, Preston East 3072
Edmond, W.R. and D.P., 70 Adelaide Road, Murray Bridge 5255
Elliott, K.R. and C.R., Gawler River Road, Gawler 5118
Ellis, G., Fourth Street, Snowtown 5520
Evans, G.R., 8 Railway Terrace, Victor Harbour 5211
Farmers Centre Pty Ltd, McBain Street, Keith 5267
[G0751] Fearne, F.A., 67 Barry Street, Wagga Wagga 2650
Fernandez, K.F., P.O. Box 13, Riverton 5412
Fidge, K.M., 154 Main North Road, Clare 5453
Firefly Coaches Pty Ltd, 79 Emu Road, Maidstone 3012
Firefly Coaches Pty Ltd, 53 wattle Road, Maidstone 3012
[G0437] Fisher, I.C. & G.A. Mossiface via Bruthen 3885
Fisk, W.R., Box 300, Millicent 5280
[G0437] Flannagan, N.E. & J.E., Ocean Road, Lavers Hill 3238
Francis, B.G. and B.E., 1 Jenkins Terrace, Naracoorte 5271
Francis, R., Renmark 5341
Francombe, W.R., P.O. Box 632, Waikerie 5330
Frankston Passenger Service Pty Ltd, 24 Toolyal Street, Frankston 3199
Fraser, K.G., 5 King Street, Port Augusta 5700
Frazer, W.H. and B.M., Parilla 5303
Gala Holidays Pty Ltd, 44 Cross Road, Myrtle Bank 5064
Geographical Educational Tours, 40 McIntosh Street, Airport West 3042
[G0437] George, H.L. & L.M., 12 Jumbunna Road, Korumburra 3950
Gianakos, E.P. Price 5570
Gilbert, A.R. and J.E., P.O. Box 171, Pinnaroo 5304
[G0751] Gillman, Lionel, Pty Ltd, River Street, South Corowa 2646
Gippsland Educational Tours Hostel Pty Ltd, Shop 716, Waverley Gardens Shopping Centre, Cnr Police and Waverley Road, Mulgrave 3170
[H0826] Goldcoast Coachlines Pty Ltd, 22-34 Barry Parade, Fortitude Valley 4006
[H0826] Goondiwindi Coach Pty Ltd, 22-34 Barry Parade, Fortitude Valley 4006
Govan, N.C. and N.S., 37 Musgrave Street, Crystal Brook 5523
Graeber's Bus Service Pty Ltd, Charleston Road, Lobethal 5241
Greenline Coaches, Carina 4152
Gregory, A.E., "Balquihidder", P.O. Box 143, Yankalilla 5203
Grenda Nominees Pty Ltd, 9 Foster Street, Dandenong 3175
Grigg, E.A. and Sons, Brinkworth 5464
Guy, B., P.O. Coonalpyn 5265
Hall's Mini Buses Pty Ltd, 4 Jones Street, Nailsworth 5083
[G0437] Ham, N.J., R.M.S. 422, Rochester 3561
Harris Bus Service, 57 Hillier Road, Evanston 5116
Hausler, B.M., P.O. Box 10, Morgan 5320
Heinjus, C.R. and M.R., 5 Broadway, Victor Harbour 5211
Hennig, L.S., P.O. Box 32, Mannum 5238
Herold, J.L. and I.E., P.O. Box 98, Naracoorte 5271
Herrmann, M.R., Karoonda 5307
Honner, J.M. and J.A., Port Kenny 5671
[G8276] Hornibrook Highway Bus Services, Brisbane 4000
Hoys Roadlines Pty Ltd, Wangaratta Coach Depot, 47 MacKay Street, Wangaratta 3677
Hoy's Tourist Service Pty Ltd, 44 Wells Street, Frankston 3199
Huggins, G.E. and L.P., Wrattonbully S.A.
Hughes, D.J. and M.E. Yorketown 5576
Hunter, F., Glencoe 5291
Ibbott, R.M. and M., P.O. Box 27, Owen 5460
Inala Bus Service, Inala 4077
Innes, F.N. and G.M., P.O. Box 92, Booleroo Centre 5482
Irgang, H.W., Angaston 5353
Jaensch, B.C., 16 Tudor Avenue, Clovelly Park 5042
Jamieson, E.C., 22 Fourth Street, Snowtown 5520
Johnson, C.J., 28 Main Street, Yankalilla 5203
Johnson, L.A. Pty Ltd, 81 Strathalbyn Road, Aldgate 5154
Johnston, R.E. and P.R., Alawoona 5311
Jones, Robert Leslie, 208 Portrush Road, Trinity Gardens 5068
Jordan, V.H. and M.B., Tantanoola 5280
Kaehne, G.G. and F.M., 34 Mannanarie Road, Jamestown 5491
Kaesler's Coaches Pty Ltd, P.O. Box 201, Loxton 5333
[G8276] Kangaroo Bus Lines Lindsay Road, Moray Field 4506
Kangaroo Flats Bus Lines Pty Ltd, 26 Olympic Parade, Bendigo 3550
Kastoria Bus Lines, 42 Marshall Road, Airport West 3042
KD Connection, Unit 3, 21 Mary Street, Unley 5061
Kerin, J.P., Delamere 5204
Kerslake, D.J. and I.C., 29 Boucat Road, Jamestown 5491
King, J.W. and L.A., 30 Ralli Street, Balaklava 5461
Klinger, A.J., Jamestown 5491
Kluske, D.J. and I.C., Jervois 5259
Knight, M., Cardell Street, Goolwa 5214
Krapez, B., Phillips Street, Balaklava 5461
Kriticos Bus Lines Pty Ltd, 25 Kilberberry Street, Whyalla Via Stuart 5608
Larking, B.A., 103 Church Street, Penola 5277
Latrobe Valley Bus Lines, 80 Moore Street, Moe 3825
Latrobe Valley Bus Lines, Glengarry Road, Traralgon 3844
Latrobe Valley Bus Lines, 4 Ryan Street, Morwell 3840
Lawry, K.R., P.O. Box 18, Koolunga 5464
Lee, E.G., 8 Reginald Street, Mt. Gambier 5290
Leibig, C.G. and E.M., Angaston 5353
Lewis, W.D. and Co., Stokes Road, Karoonda 5307
Liddy, A.D. Willunga 5172
Luke R.F., Tarcowie 5431
Maguire, W.R. and J.S., P.O. Box 260, Waikerie 5330
[G0437] Marks Bus Service Pty. Ltd., 12 Lydiard Street, North Ballarat 3340
Marree Special Aboriginal School, Post Office, Marree 5733
Marshall, L.R. and B.J., Hampden via Eudunda 5374
[G0751] Martin, F.R. Pty Ltd, 380 Stephen Street, Albury 2640
Martin, G.K., Pinnaroo 5304
[G0751] Martin's Bus Service, 380 Stephen Street, Albury 2640
Maryborough Hervey Bay Bus Service, 229 John Street, Maryborough 4650
Matthews, G.A. and R.A., P.O. Box 64, Victor Harbour 5211
Matthews, W. and H.D., P.O. Box 19, Berri 5343
McCabe, M.A., P.O. Box 889, Queenstown 5014
McCallum, E.B. and A.W.M., P.O. Box 218, Port Lincoln 5606
McCormick, B.J., P.O. Box 167, Mt Gambier 5290
McCraken, R.N., 14 John Street, Balaklava 5461
McCulloch, M.C. and A.E., 143 Jenkins Terrace, Naracoorte 5271
[G8276] McFadyen Ken, & Co. Pty Ltd. (trading as Border Coaches) c/- R.O. Gill and Associates, 349 Queen St, Brisbane 4000
McHarry's, A. and N. Bus Services, 23 Catherine Street, Geelong West 3218
McIntosh, R.J.W., P.O. Box 103, Renmark 5341
McKenzies Tourist Services Pty Ltd, 53 Barkers Road, Kew 3101
[G0437] McLean, C.M., Box 88, Heywood 3304
McPharlin, L.J. and D.A., South West Terrace, Owen 5460
[G0437] McQuilton, T.C. 18 Park Street, Dimboola 3414
Mee's Bus Lines, 5 Percy Street, West Heidelberg 3081
Melbourne Brighton Bus Lines Pty Ltd, 43 Head Street, Elwood 3184
Melbright Coaches, a Division of Melbourne Brighton Bus Lines Pty Ltd, 43 Head Street, Elwood 3184
Messenger, G.A., 121 Church Street, Penola 5277
Messenger, R.A. and K.J., P.O. Box 229, Penola 5277
Midland Tours (Vic) Pty Ltd, 889 High Street, Reservoir 3073
Miller, J.D. and C.P., Streaky Bay 5680
Mitchell, B.J., Meningie 5264
Mitchell, R.E. and R., P.O. Box 51, Beachport 5280
Moonee Valley Bus Lines, 42 Napier Street, Essendon 3040
Moreland Bus Lines Pty Ltd, 65 Colebrook Street, Brunswick 3056
Mount Gambier Motor Service Pty Ltd, 52 King Street, Brighton 5048
Mount Gravatt Bus Service, 192 Kloske Road BURBANK QLD 4156
Mt. Dandenong Passenger Service Pty Ltd, Main Road, Olinda 3788
Muller, A.R. and I.J., 30 Musgrove Street, Crystal Brook 5523
Murdock, J.G., P.O. Box 20, Yorketown 5576
Murray Bridge Passenger Service Pty Ltd, 160 Mannum Road, Murray Bridge 5253
Nickolai, R.A. and P.A., Railway Terrace, Paruna 5311
Nixon, R.J. and L. 6 Robert Street, Maitland 5573
[G0437] Nolan, R.A., Wattle Street, Manangatang 3546
Noland, M.A.J., Willunga 5172
Nomad Tours Australia, 3 Hall Street, Moonee Ponds 3039
Nomad Tours of Australia, 3/18 Hall Street, Moonee Ponds 3039
Northern Bus Lines, 1 Walter Street, Glenroy 3046
Noske, S.H., P.O. Box 2, Robertstown 5381
Nugent, D.J. & J.E., 58 Lexton Road, Box Hill North 3129
O'Connor, 5 Morehead Street, Burra 5417
O'Malley, B.J. & J.A., Paskeville 5552
Olafsen Family Trust, P.O. Box 444, Bordertown 5268
Paine, R.C., 16 Daly Street, Clare 5453
Parsons, J.E., P.O. Box 456, Waikerie 5330
Penisula Bus Lines Ltd, Bardia Avenue, Seaford 3198
Penney, R.B., P.O. Box 26, Kulpara Via Kadina 5554
Phillips, R.A. & H.G. Box 502, Naracoorte 5271
Pinder, J. & M.E., Bower 5375
Plevin, R. and A., P.O. Box 110, Wilmington 5485
Point Cook-Werribee Passenger Service Pty Ltd, Old Princes Highway, Werribee South 3030
Polley, D.J. (Tin Can Bay Bus Service), Gympie 4570
Polleys Coaches, 251 Mary Street, Gympie 4570
Port Augusta Bus Service, Keer Street, Port Augusta 5700
Port Broughton Motor Service, Port Broughton 5522
Port Pirie Bus Service, 174 Three Chain Road, Solomontown 5540
Potter, L.N. and C.E. Nominees Pty Ltd, C/- Post Office , Warooka 5577
Premier Roadline Pty Ltd, 111 Franklin Street, Adelaide 5000
Quest Tours, Provident Avenue, Glynde 5070
Quinces Scenicruises Pty Ltd, Cnr. Nerrim and Hobarts Road, Murrumbeena 3163
Quorn Motors, P.O. Box 90, Quorn 5433
Raehnish, B.M. Halbury 5463
Rambler Tours, 58 Lexton Road, Box Hill North 3129
Ramsey C.J., P.O. Box 110, Booleroo Centre 5482
[G8276] Red and White Coaches, 106 Connaught Street, Sandgate 4017
Redlands Bus Service Pty Ltd, 8 Smith Street CAPALABA QLD 4157
Reed, C.L. and L.J., P.O. Box 890, Tintinara 5266
Reed, M.D.C. and P., Unit D, 1012, West Street, Mt Gambier 5290
[G0437] Reichelt, R.C., 26 Brougham Street, Nhill 3418
Reid, R., Boolcunda Via Carrieton 5432
Reids Bus Service, 304 Darebin Road, Northcote 3070
Rendlesham School Bus Committee, C/- Northwood and Barton, P.O. Box 72, Millicent 5280
Rennie, F.H. and Son Pty Ltd, 285 Station Street, Box Hill South 3128
Riverside Bus Service, P.O. Box 807, Murray Bridge 5253
Roadrunner Buslines Pty Ltd, 1 Walter Street, Glenroy 3046
Robinson, R.M. PMB, Port Kenny 5671
Rollercoaster Tours, 1 Lane Street, Richmond 5033
Rosenweig H.A. and M.W., Mount Pleasant 5235
Rowe's Fun Tours, 114 Shepherds Hill Road, Bellevue Heights 5050
Russ, B.M., 7 Glynn Street, Riverton 5412
Ryan, T.J. and S.J., 62 High Street, Kapunda 5373
Ryan Brothers Bus Service Pty Ltd, 42 Brunel Street, Essendon 3040
Sampson, R.E. and S., P.O. Box 160, Port Lincoln 5606
Sanders, V.F. and J.M. Strickland Street, Kingston 5275
Save the Children Fund, Kanyini Hostel, Oodnadatta 5734
Schubert, D.N. and E.R., Blanchetown 5357
Schulz, L.C. and D., Bute 5560
Seidel, B.M. and S.E., P.O. Box 593, Murray Bridge 5253
Sharah, B.R. and R.J., 17 Lizzie Street, Penola 5377
Shave Bus Services Pty Ltd, 12 Ricketts Road, Notting Hill 3149
Sinclair Coaches Pty Ltd, 983 North Road, Murrumbeena 3163
Sinclair W. and Sons Pty Ltd, 183 North Road, Murrumbeena 3163
Sitch Bus Services Pty Ltd, Service Street, Sunshine 3020
[H0826] Skennar, Clarence Bertram, Trading as Skennars, 22-34 Barry Parade, Fortitude Valley 4006
[H0826] Skennars Transport Industries Pty Ltd, Rochester, White and Malone, Aviation House, Wickham Styreet, Fortitutde Valley 4006
Southern Cross Transit/ Horwood Enterprises, Suite 16, Level 1, Princeton Ct., 18 Brookfield Road, KENMORE QLD 4069 (formerly Pioneer Bus Service)
Southland Bus Service Pty Ltd, 127 Keys Road, Moorabbin 3189
Southland Coaches, 127 Keys Road, Moorabbin 3189
Starline Coaches, 1 Shiel Street, North Melbourne 3051
Starline Coaches, 444 Macauley Road, Kensington 3031
Stasinowsky, R.R., Mindarie 5309
Steicke, L.R., P.O. Box 60, Angaston 5353
Stevens, W.A.C, Warramboo 5650
Stewart and Sons, 70 Targo Street, Bundaberg 4670
Suburban Coach Lines, 12 Wilpena Avenue, Klemzig 5087
Sunshine Coast Buses, Sugar Road, Maroochydore 4558
Suntour, Sugar Road, Maroochydore 4558
Surfside Bus Lines Pty Ltd, Coolangatta 4225
Taylor, B.J., P.O. Box 15, Melrose 5483
Temperson, J.V. and P.B., Warooka 5577
Tenderfoot Tours, 10 Bignall Road, Moorabbin 3189
Thomas, C.R., P.O. Box 484, Renmark 5341
Thompson, M.J., Snowtown 5520
Thompson, H.C.M. and K.E., P.O. Box 49, Millicent 5280
Thomson's Roadlines, 326 Bell Street, Preston 3072
Tiller, R.K., Main Road, Yankalilla 5203
Top Deck Travel, 503 Chapel Street, South Yarra 3141
Torrens Valley Coachlines, (formerly Suburban Charter), 6 Walnut Grove, Dernancourt 5075
Trenwith, L.G. P.O. Box 86, Moonta 5558
Tucker, K., P.O. Box 32A, Tintinara 5266
Tullamarine Bus Lines Pty Ltd, 7 Louis Street, Airport West 3042
Turnbull's Charter Coaches, Punt Road, Mt Gambier 5290
U.S. Motors (Belgrave) Pty Ltd, 86 Monbulk Road, Belgrave 3160
Ventura Bus Lines Oakleigh, 1037 Centre Road, Oakleigh 3167
Verrall, T.R., Monash 5342
Wadmore's Coachlines, P.O. Box 25, Riberton 5412
[R2315] Wangaratta Coach Lines Pty Ltd, 187 Phillipson Street WANGARATTA VIC 3677
Ward, G., Sandy Creek 5350
Warner, M.F. and D.V., Eudunda 5374
Weber, J.M. and O.J., Park Terrace, Naracoorte 5271
Weeks, G.A.L., 37 Ellwood Avenue, Modbury North 5092
Weichert, D.R. and V.L., P.O. Box 88, Kapunda 5373
Welke, K.H. and F.E., 11 East Avenue, Snowtown 5520
White, P.T. and H.M., Harrogate S.A.
White, V.G., 3 Hamilton Avenue, Port Lincoln 5606
[G0437] Wilkins Nominees Pty. Ltd., 12 Lydiard Street, North Ballarat 3350
[G0437] Wilkins, R.D., 1017 Howett Street, Wendouree 3355
[G0437] Wilkins, B.A. & R.A., 12 Lydiard Street, North Ballarat 3350
Wilksch, A.E. and V.J., Mount Pleasant 5235
Williams, L.M.H., Delamere 5204
Williams, M.R., Naracoorte 5271
Winter, H.C. and J.M., Warramboo 5650
Wirth, E.H. and D.M., Millicent 5280
Wolper, P.O. Box 158, Willunga 5172
Wrights Charter Coaches, 364 Reserve Road, Cheltenham 3192
Wuttke, R., P.O. Box 30, Berri 5343
Yorke Valley Motors, P.O. Box 180, Maitland 5373

SCHEDULE C - RESPONDENTS

Abrey, S.R. North West Terrace, Morgan 5320
Addicoat, K.G. M.G., 83 Esplanade, Aldinga Beach 5173
Adelaide Coachlines, 42 Dumbarton Avenue, Edwardstown 5039
[F7993] Adelaide Express 10 Benjamin St Newton 5074
Alato Pty Ltd, Provident Avenue, Glynde 5070
Alexander, R.D. Booleroo Centre 5482
Alexander, T.M. & I.L. P.O. Box 413, Barmera 5345
Ambassador Coachlines Pty Ltd , 12 Wilpena Avenue, Klemzig 5087
Anderson, F.A. P.O. Box 141, Nuriootpa 5355
Ashby, R.J. PMB, Hallett 5419
Associated Tourist Service, Queenstown 5014
Atkinson, D., P.O. Box 4, Port Germein 5495
Austin, K.R. & Polkinghorne, T.V., Northern Borkaka Drive, Mypolonga 5254
Backler's Bus Service, 22 Janet Street, Kingston 5275
Baehnisch, P.A. Main Street, Kapunda 5373
Baker, W.A., 16 Hat Street, Kadina 5554
Banksia Tours, 42 Davenport Street, Banksia Park 5091
Barnes, L.R. Box 102, Wilmington 5485
Barts Coaches Pty Ltd, Littlehampton 5250
Bartsch, J.V. Blyth 5462
Bates, W.S., 62 Vardon Avenue, Lameroo 5302
Bawden Motor Services, P.O. Box 188, Penola 5277
Berry, A.K., Georgetown 5472
Birdwood/Mannum Coaches, Modbury North 5092
Birkin, C.E., Port Neill 5604
Blanden, R.K. P.O. Box 34, Caltowie 5490
Bonython, P., Karoonda 5307
Borg, R.M., Palamountain Street, Mt Gambier 5290
Bottroff, R.A. & R.M., P.O. Box 51, Mannum 5238
Boulton, T.A., Spalding 5454
Bourke, Phillip Michael, trading as Spinifex Tours, P.O. Box 2433, Alice
Springs 5750
Bowley, C.K. & B.M., 80 Edmund Street, Port Broughton 5522
Boxall, K.A., Hamley Bridge 5401
Boyce, T.C. & L.C. C/- P.O. Duckponds Road, Stockwell 5350
[F7993] Boynes D.C. & F.M. P.O. Box 12 Frances 5262
Braun, G.R. & G.E., 60 Tobruk Terrace, Loxton 5333
Bridge Garage, Hamley Bridge 5401
Bristow, C.D., 27 South Terrace, Tailem Bend 5260
Britza, J.R. Quorn 5433
Brokenshire, M.J. & L.C., 29 Sea View Road, Maitland 5573
Brokenshire, M.P. & L.G., 29 Sea View Road, Maitland 5573
[F7993] Brown J. P.O. Box 574 Mt Gambia 5290
Browning, G.R. & D.I., Yorketown 5576
Bryley Charter Service, 1 Paradise Grove, Highbury 5089
Bull Motors, 73 Park Terrace, Naracoorte 5271
Burdett, F.J.A., Copeville 5308
Button, T.M. & V.L., Tintinara 5266
Case, B.M. & Y.L., 45 Cockburn Road, Jamestown 5491
Cheriton, R. & J.A., Karoonda 5307
Church, D.A., Yumali 5261
City of Whyalla, P.O. Box 126, Whyalla 5600
Clift, V.L. & D.M., Box 134, Minlaton 5575
Clonan, G. & W. & E.M., Box 326, Keith 5267
Coachlines of Australia, 206 Portrush Road, Trinity Gardens 5062
Coaster Mini Tours, 30 Galway Avenue, Kilburn 5084
Collins, J., Cowell 5602
Collins Motor Repairs, Langhorne Creek 5255
Corston W.B., 33 Gawler Road, Two Wells 5501
Crowther, J.H., 12 Stround Terrace, Port Lincoln 5606
Dalwood Coachlines, 820 Port Road, Woodville 5011
Desert Trek (Aust.) Pty Ltd, 79 Valley View Drive, Highbury 5889
Dial-a-Tour Bus Pty Ltd, 206 Portrush Road Trinity Gardens 5062
Dodd, A. Stockwell 5350
Dohse, J. Elizabeth Street, Roseworthy 5371
Dunn, P.G., 28 David Street, Kadina 5554
Edmond, W.R. & D.P., 70 Adelaide Road, Murray Bridge 5255
Elliott, K.R. &. C.R. Gawler River Road, Gawler 5118
Ellis, G., Fourth Street, Snowtown 5520
Evans, G.R., 8 Railway Terrace, Victor Harbour 5211
Farmers Centre Pty Ltd, McBain Street, Keith 5267
Fernandez, K.F., P.O. Box 13 Riverton 5412
Fidge, K.M. 154 Main North Road, Clare 5433
Fisk, W.R., Box 3000, Millicent 5280
Francis, B.G. & B.E., 1 Jenkins Terrace, Naracoorte 5271
Francis, R. Renmark 5341
Francombe, W.R., P.O. Box 632, Waikerie 5330
Frazer, K.G., 5 King Street, Port Augusta 5700
Frazer, W.H. & B.M. Parilla 5303
Gala Holidays Pty Ltd, 44 Cross Road, Myrtle Bank 5064
Gianakos, E.P. Price 5570
Gilbert, A.R. & J.E., P.O. Box 171, Pinnaroo 5304
Govan, N.C. & N.S., 37 Musgrave Street, Crystal Brook 5523
Graeber's Bus Service Pty Ltd, Charleston Road, Lobethal 5241
Grigg, E.A. & Sons, Brinkworth 5464
Guy, B., P.O. Coonalpyn 5265
Hall's Mini Buses Pty Ltd, 4 Jones Street, Nailsworth 5084
Harris Bus Service, 57 Hillier Road, Evanstown 5116
Hausler, B.M., P.O. Box 10, Morgan 5320
Heinjus, C.R. & M.R., 5 Broadway, Victor Harbour 5211
Hennig, L.S., P.O. Box 32, Mannum 5238
Herold, J.L. & I.E., P.O. Box 98, Naracoorte 5271
Hermann, M.R. Karoonda 5307
Honner, J.M. & J.A. Port Kenny 5671
Huggins, G.E. & L.P. Wrattonbully S.A.
Hughes, D.J. & M.E. Yorketown 5576
Hunter, F. Glencoe 5291
Ibbott, R.M. & M., P.O. Box 27, Owen 5460
Innes, F.N. & G.M., P.O. Box 92, Booleroo Centre 5482
Irgang, H.W. Angaston 5353
Jaensch, B.C., 16 Tudor Avenue, Clovelly Park 5042
Johnson, C.J., 28 Main Street, Yankalilla 5203
Johnson, L.A. Pty Ltd, 81 Strathalbyn Road, Aldgate 5154
Johnson, R.E. and P.R. Alawoona 5311
Jones, Robert Leslie, 208 Portrush Road, Trinity Gardens 5068
Jordan, V.H. and M.B., Tantanoola 5280
Kaehne, G.G. and F.M., 34 Mannanarie Road, Jamestown 5491
Kaesler's Coaches Pty Ltd, P.O. Box 201, Loxto
KD Connection, Unit 3, 21 Mary Street, Unley 5061
Kerin, J.P., Delamere 5204
Kerslake, D.J. and I.C., 29 Boucat Road, Jamestown 5491
King, J.W. and L.A., 30 Ralli Street, Balaklava 5461
Klinger, A.J., Jamestown 5491
Kluske, D.J. and I.C., Jervois 5259
Knight, M., Cardell Street, Goolwa 5214
Krapez B., Phillips Street, Balaklava 5461
Kriticos Bus Lines Pty Ltd, 25 Kilberberry Street, Whyalla via Stuart 5608
Larking, B.A., 103 Church Street, Penola 5277
Lawry, K.R., P.O. Box 18, Koolunga 5464
Lee, E.G., 8 Reginald Street, Mt Gambier 5290
Leibig, C.G. and E.M., Angaston 5353
Lewis, W.D. and Co., Stokes Road, Karoonda 5307
Liddy, A.D., Willunga 5172
Luke, R.F., Tarcowie 5431
McCabe, M.A., P.O. Box 889, Queenstown 5014
McCallum, E.B. and A.W.M., P.O. Box 218, Port Lincoln 5606
McCormick, B.J., P.O. Box 167, Mt Gambier 5290
McCraken, R.N., 14 John Street, Balaklava 5461
McCulloch, M.C. and A.W., 143 Jenkins Terrace, Naracoorte 5271
McIntosh, R.J.W., P.O. Box 103, Renmark 5341
McPharlin, L.J. and D.A., South West Terrace, Owen 5460
Maguire, W.R. and J.S., P.O. Box 260, Waikerie 5330
Maree Special Aboriginal School, Post Office, Marree 5733
Marshall, L.R. and B.J., Hampden via Eudunda 5374
Martin, G.K., Pinnaroo 5304
Matthews, G.A. and R.A., P.O. Box 64, Victor Harbour 5221
Matthews, W. and H.D., P.O. Box 19, Berri 5343
Messenger, G.A., 121 Church Street, Penola 5277
Messenger, R.A. and K.J., P.O. Box 229, Penola 5277
Miller, J.D. and C.P. Streaky Bay 5680
Mitchell, B.J., Meningie 5264
Mitchell, R.E. and R., P.O. Box 51, Beachport 5280
Mount Gambier Motor Service Pty Ltd, 52 King Street, Brighton 5084
Muller, A.R. and I.J., 30 Musgrove Street, Crystal Brook 5523
Murdock, J.G., P.O. Box 20, Yorketown 5576
Murray Bridge Passenger Service Pty Ltd, 160 Mannum Road, Murray Bridge 5253
Nickolai, R.A. and P.A., Railway Terrace, Paruna 5311
Nixon, R.J. and L., 6 Robert Street, Maitland 5573
Nolan, M.A.J., Willunga 5172
Noske, S.H., P.O. Box 2, Robertown 5381
[F7993] Oberer J. Queen St Penola 5277
O'Connor, 5 Morehead Street, Burra 5417
Olafsen Family Trust, P.O. Box 444, Bordertown 5268
O'Malley, B.B. and J.A., Paskeville 5552
Paine, R.C., 16 Daly Street, Clare 5453
Parsons, J.E., P.O. Box 456, Waikerie 5330
Penney, R.B., P.O. Box 26, Kulpara via Kadina 5554
Phillips, R.A. H.G., Box 502, Naracoorte 5271
Plevin, R. and A., P.O. Box 110, Wilmington 5485
Premier Roadlines Pty Ltd, 111 Franklin Street, Adelaide 5000
Port Augusta Bus Service, Keer Street, Port Augusta 5700
Port Broughton Motor Service, Port Broughton 5522
Port Pirie Bus Service, 174 Three Chain Road, Solomontown 5540
Potter, L.N. and C.E., Nominees Pty Ltd, C/- Post Office, Warooka 5577
Quest Tours, Provident Avenue, Glynda 5070
Quorn Motors, P.O. Box 90, Quorn 5433
Raehnish, B.M., Halbury 5463
Reed, M.D.C. and P., Unit D, West Street, Mt Gambier 5290
Reid, R., Boolcunda via Carrieton 5432
Rendlesham School Bus Committee, C/- Northwood and Barton, P.O. Box 72, Millicent 5280
Riverside Bus Service, P.O. Box 807, Murray Bridge 5253
Rollercoaster Tours, 1 Lane Street, Richmond 5033
Rosenweig, H.A. and M.W., Mount Pleasant 5235
Rowe's Fun Tours, 114 Shepherds Hill Road, Bellevue Heights 5050
Russ, B.M., 7 Glynn Street, Riverton 5412
Ryan, T.J. and S.J., 62 High Street, Kapunda 5373
Sampson, R.E. and S., P.O. Box 160, Port Lincoln 5606
Sanders, V.F. and J.M., Strickland Street, Kingston 5275
Save the Children Fund, Kanyini Hoster, Oodnadatta 5734
Schubert, D.N. and E.R., Blanchetown 5357
Schulz, L.C. and D., Bute 5560
Schulze, E.M., P.O. Box 270, Willunga 5172
Seidal, B.M. and S.E., P.O. Box 593, Murray Bridge 5253
Sharah, B.R. and R.J., 17 Lizzie Street, Penola 5277
Stasinowsky, R.R., Mindarie 5309
Steicke, L.R., P.O. Box, Angaston 5353
Stevens, W.A.C, Warramboo 5650
Suburban Coach Lines, 12 Wilpena Avenue, Klemzig 5087
Taylor, B.J., P.O. Box 15, Melrose 5483
Temperson, J.V. and P.B., Warooka 5577
Thomas, C.R., P.O. Box 484, Renmark 5341
Thompson, H.C.M. and K.E., P.O. Box 49, Millicent 5280
Thompson, M.J., Snowtown 5520
Tiller, R.K., Main Road, Yankalilla 5203
Torrens Valley Coachlines (formerly Suburban Charter), 6 Walnut Grove, Dernancourt 5075
Trenwith, L.G., P.O. Box 86, Moonta 5558
Tucker, K., P.O. Box 32A, Tintinara 5266
Turnbull's Charter Coaches, Punt Road, Mt Gambier 5290
Verrall, T.R., Monash 5342
Wadmore's Coachlines, P.O. Box 25, Riverton 5412
Ward, G., Sandy Creek 5350
Warner, M.F. and D.V., Eudunda 5374
Weber, J.M. and O.J., Park Terrace, Naracoorte 5271
Weeks, G.A.L. 37 Ellwood Avenue, Modbury North 5092
Weichert, D.R. V.L., P.O. Box 88, Kapunda 5373
Welke, K.H. and F.E., 11 East Avenue, Snowtown 5520
White, P.T. and H.M., Harrogate S.A.
White, V.G., 3 Hamilton Avenue, Port Lincoln 5606
Wilksch, A.E. and V.J., Mount Pleasant 5235
Williams, L.M.H., Delamere 5204
Williams, M.R., Naracoorte 5271
Winter, H.C. and J.M., Warramboo 5650
Wirth, E.H. and D.M. Millicent 5280
Wolpher, P.O. Box 158, Willunga 5172
Wuttke, R., P.O. Box 30, Berri 5343
Yorke Valley Motors, P.O. Box 180, Maitland 5373

SCHEDULE D1 - RESPONDENTS

[Sched D1 corrected by PR923689 ppc 28Aug02]

Adams L.G. & A.M. 75 Edols St Ballan 3342
Adcock A.L. & U. 6 Parke St Robinvale 3549
Ahern M.L. & W.A. 25 Market St Minyip 3392
Aisbett R.G. & J.M. P.O. Box 574 Horsham 3400
Alexander R.J. & J.A. 82 Progress St Kaniva 3419
Allambee Educational Tours P.O. Box 52 Yarragon 3523
Allen W.G. 17 Seaview Rd Somerville 3912
Allen I. (Mrs.) P.O. Box 66 Lakes Entrance 3909
Alpine Coaches P.O. Box 474 Myrtleford 3737
Altamore R. Gembrook Road Cockatoo 3781
Anderson Bus Lines P.O. Box 80 Cobram 3644
Anderson R.G. & D.F. P.O. Box 249 Echuca 3625
Anglesea Bus Service 26 Hillcrest Rd Anglesea 3230
Ansett Motors Pty Ltd 210 Gray St Hamilton 3300
Antonoff V. & G. P.O. Box 13 Swifts Creek 3896
Apollo Bay Coaches Moore St Apollo Bay 3233
Arentz F.H. & E.E. Manangatang 3546
Arica Pty Ltd P.O. Box 10 Yarrawonga 3730
Armstrong S.W. & D.C. 86 Cochranes Rd Moorabbin 3189
Arney M.J. (Mrs.) P.O. Box 1 Werrimull 3496
Australian Rambler Coaches 58 Lexton Rd Box Hill 3128
Bailey C.W. & I.J. 4 Blackmore Ave Leongatha 3953
Bailey E.A. (Mrs.) P.O. Box 3 Werrimull 3496
Bailey's Motor Service P.O. Box 15 Maldon 3463
Baker C.W. & G.A. Charter 22 Glenlyon Ave Shepparton 3630
Baker D.D. & F.C. P.O. Box 2 Moyhu via Wangaratta 3732
Baker R.W. (trading as Glenroy Bus Co) 492-498 Pascoe Vale Rd North Essendon 3041
Ballarat Explorer Shuttlebus 234 Victoria St Ballarat 3350
Balsarini B.R. P.O. Box 9 Ultima 3544
Balsarini G.W. P.O. Box 69 Ultima 3544
Barker B.A. Glenelg Hwy Glenthompson 3293
Barton R.J. & B.E. RMB 4314 Invergordon 3636
Baxter K.G. P.O. Box 129 Mooroopna 3629
Beattie M. & J.. R.S.D. Chinkapookvai Manangatang 3546
Beattie R. & M. 21 Barclay St Port Fairy 3284
Bell Street Bus Co Pty Ltd 326 Bell St Preston 3072
Benders Busways Pty Ltd Edols St North Geelong 3215
Bennett A.F. & R.G. 2 Church St Coleraine 3315
Bennett Linsay Wandiligong 3744
Bennett's Bus & Coach Service 15 Menzies St Charlton 3525
Bentleigh Buslines Pty Ltd 559 Centre Rd Bentleigh 3204
Bentleigh Charter Service 559 Centre Rd Bentleigh 3204
Benton R.A. & P.E. Boes Rd Tyabb 3913
Berryman E.D. & P.L. P.O. Box 14 Fish Creek 3959
Bertacco V.F. & F. 6 Dowling St Wonthaggi 3995
Berino F.M. 22 Anderson St Bairnsdale 3875
Baerwick Buslines (trading as Lerwick Park) Pound Rd "Lerwick Park" Clyde 3978
Blake G.R. & M.I. Pty Ltd 21 Strachan St Hamilton 3300
Bland's Bus Service (trading as Goroke) P.O. Box 131 Goroke 3412
Blue & Silver Bus Lines Pty Ltd P.O. Box 343 Mentone 3194
Blythmam A.W. Patchewollock 3491
Bono Pty Ltd (trading as Firefly Coaches Pty Ltd) 79 Emu Rd Maidstone 3012
Bosica Dion Nominees P.O. Box 65 Inverlock 3996
Bowman R.F. 9 Ogilvil Ave R.S.D. Echuca Village Echuca 3625
Boyle I.L. & F.L. 34 Alfred St Maffra 3860
Brain K.M. & M. Stavely Wayside Delivery Willuara 3291
Brammall C. Gibbo River Benambra 3900
Brewster G.L. & Maddern J.E. 7 Anderson St Kyabram 3620
Brewster K.D. 35 Dutton St Portland 3305
Brien J.H. & Co Pty Ldt 2 Whitehall St Footscray 3011
Briggs C.G. 22 Muntz St Wangaratta 3677
Bristow J.W.R. & M.M. P.O. Box 62 Melton 3337
Britton K. Main St Derrinallum 3325
Broadmeadows Bus Service Pty Ltd 145 Lynch Rd Fawkner 3060
Brown W.J. & M.I. Lot 1, Brown St Wonthaggi 3995
Broz A. & V. 4 Thomas St Myrtleford 3737
Bryant Motors Pty Ltd 1011 Main St Eltham 3095
Bryces' Beulah Buses 84 Henty Hwy Beulah 3395
Buandik Grampians tours Pty Ltd 1 Heath St Halls Gap 3381
Buchanan W.G. & D.A. Derrinallum 3325
Burtonclay R. & L. 1 Owen St Bendigo 3550
Butler G.E. & R.S.D. Murraydale via Swan Hill 3585
Cain J.L. 11 Margaret Ave Black Hill 3350
Cairns L. & A. Barker St Flinders 3929
Camden Bus Service Pty Ltd 211 South Rd East Brighton 3187
Cameron P.J. Majorica Rd Talbot 3371
Cambell C.J. & V.H. P.O.Box 23 Balmoral 3407
Campe A.G. & M.R. 6 Clifford St Hamilton 3300
Camperdown Bus Lines 8 McArthur Street Camperdown 3260
Carracher B.J. P.O. Box 42 Rutherglen 3684
Carrison R. 16 Omeo Hwy Bairnsdale 3875
Carter P.R. P.O. Box 994 Mildura 3500
Cartwright M.G. & T.M. Box 482 Merrbein 3505
Casey L.G. Toole St Hopetown 3396
Casey's Coaches 250 Boundary Rd East Bentleigh 3165
Cassidy P.A. & C.E. 12 Holloway St Boort 3537
Castlemaine Bus Lines Pty Ltd 40 Forest St Castlemaine 3450
Cavanagh B.J. & C.E. 12 Akuna Ave Tallanatta 3700
Caygill C. & L.G. 47 Railway St Stanhope 3623
Cecil G.L. Drouin Rd Poowong 3988
Chalet Lorne Senior Citizen's Holiday Centre The Chalet, Smith St Lorne 3232
Chapple J.L. 18 King St Korumburra 3950
Chilton K.M. (Mrs.) 11 Sands Ave Jeparit 3423
Chilton T.S. & Hargreaves R.F. P.O. Box 182 Jeparit 3423
Chrisbus Pty Ltd P.O. Box 41 Yea 3717
[S8456] Chris’s Coaches Pty Ltd 90 Turner Street PORT MELBOURNE VIC 3207
Clark G.W. (trading as Bus Lines Pty Ltd) 29 Yarrima Rd Cressy 3322
Clark J.A. & R.S.D. Darlington Rd Gnotuk 3260
Clavarino L.L., G.M. & G.L. 99 Station Rd Foster 3960
Cleeland D. & K. Glenelg Hwy Westmere 3351
Clement A.R. & S.J. North Murchison 3610
Clyne's Bus Service Pty Ltd 18 Ashbury St Ocean Grove 3226
Coaster Bus Rental 10 Pennell St Eltham North 3095
Cohuna Bus Co Pty Ltd 52 Market St Cohuna 3562
Coldebella H.J. & L. Cape Paterson Rd Wonthaggi 3995
Coles Jeff (trading as Mortlake Bus Lines Pty Ltd) P.O. Box 13 Mortlake 3272
Collings R.E. P.O. Box 5 Edenhope 3318
Commeford D.L. Buses Clarence St Loch 3945
Cook & Green Pty Ltd 281 Timor St Warrnambool 3280
Cook I.J. & Son Pty Ltd 321 Autumn St Geelong 3218
Cook K.J. & N.F. P.O. Box 46 Hopetown 3396
Cook K.J. & P.A. 273 Ogilivie Ave Echuca 3625
Coon L.J. & M.M. 256 Hunffray St Ballarat 3350
Cooper N.J. & B.A. Mount Lookout Rd Bairnsdale 3875
Cordery K.L. 15 Jemmerson St Lakes Entrance 3903
Corio-U-Drive Bus Rentals P.O. Box 137 Corio 3214
Corner J.W. & D.J. Myall via Kerang 3579
Costigan J.W. & V.J. P.O. Box 37 Ultima 3544
Cottee K.R. & B.J. P.O. Box 75 Meeniyan 3956
Coucill J.M. Buses Drive Inn House Melbourne Rd Kialla 3631
Cozen W.R. & C. 70 Sterling Dr East Keilor 3033
Cramp G. & C. Main St Speed 3488
Cramp K. & N. Box 1709 Mildura 3500
Cranage G. J. & P.J. P.O. Box 72 Edenhope 3318
Crane D. & P. 61 Omeo Hwy Bairnsdale 3875
Crocombe G.J. P.O. Box 6 Foster 3960
Cronin P.D. Estate of the Late Victoria Park Dalesford 3460
Crossman E.M. & M.D. 427 Kotta Rd Echuca 3625
Crowe J.T. & R.S.D. Tyntynder South 3586
Croydon Bus Service Pty Ltd P.O. Box 95 Croydon 3136
Culton K.F. & V.G. 64 Victoria St Cobden 3266
Culton R.L.Princes Hwy Colac West 3250
Cummins M. & Sons Wycheproof 3527
Cunningham A.W. Pty Ltd 100 Broomfield St Colac 3250
Cunningham Bus Lines 3-5 Knighton Ave Airprt West 3042
Cupit O.D. 17 Harriet St Toora 3962
Curthoys G.W. Box 22 Lalbert 3542
Curtis Bus Service Ibis Caravan Pk Bendigo Rd Kerang 3579
Daniels Tours 14 Scott St Warracknabeal 3393
Danks G.A. Coupes Rd Vesper via Noojee 3833
Davidson C.C. & J.M. 102 Wallace St Bairnsdale 3875
Davies L.W. Walpa R.M.B. 4290 Bairnsdale 3875
Davies Self Drive Cnr Southern & Bamfield Rds Heildelberg West 3081
Davis H.A. (trading as Motor Service Pty Ltd) 804 Norman St Ballarat North 3350
Davis J.D. & N.C. Heriot St Lismore 3324
Davis R.J. & V.C. Strathbogie Garage Main St Strathbogie 3666
Dawson G.L. 5 Collins St Kangaroo Flat 3555
Dean H.F. Bram-Leigh Receptions 383 Mt Dandenong Rd Croydon 3136
Dellevedova A.J. & J.B. 22 Kars St Maryborough 3465
Dickinson E.N., T.A., P.C. & V.N. 42 Tocumwal Rd Numurkah 3636
Dickson W.A. & Son P.O. Box 17 Manangatang 3546
Disney C.C. P.O. Box 108 Omeo 3898
Dixon R.M. & Sons Swann St Brim 3391
[PR923689] Domino River Pty Ltd, 174 Gladstone Street, South Melbourne Vic 3205
Donnelly G.J. & P.M. 36 High St Rutherglen 3685
Doyle P. 118 Vaughan St Shepparton 3630
Driver Bus Lines Pty Ltd 108 Glen Iris Rd Glen Iris 3146
Dwyer J.E. Margaret St Edenhope 3318
Dyer J. & H. 142 Camerson Parade Bundoora 3083
Dyson's L.C. (trading as Bus Service Pty Ltd) 753 Plenty Rd Reservoir 3073
Du Bois C.R. R.M.B. 1430 Dookie 3646
Earles B.J. 9 Rupert St Bairnsdale 3875
East West Bus Co Pty Ltd 889 High St Reservoir 3073
Eastern Suburbs Omnibus Service Pty Ltd 649 Glenhuntly Rd Caulfield 3162
Eastick S.J. (Mrs) Steatham 3351
Edis G.J. P.O. Box 25 Katamatite 3649
Edney N.F. & J.C. 28 Giles St Mirboo North 3871
rds F.J. & A.C. 70 Edgar St Heywood 3304
Egan T.M. (Mrs) Whitefield 3733
Elborough R.B. & N.F. 37 Henderson Rd Tongala 3621
Eldred P.J. 63 Mc Kitterick St Meeniyan 3953
Eldred R.A. & J.M. Parr St Leongatha 3953
Elliott K.M. P.O. Box 111 Quambatook 3540
Elliott N.R. & M.V. R.M.B. 4015 Bairnsdale 3875
Elliss C.R. & M. Manks Rd Balmore 3981
Enbom N.W. 4 Bridge St Korumburra 3950
Endeavour Coaches Pty Ltd 41 Esplanade North shore 3214
Eppelstun P.K. & W. Pretty Pines Giffard West via Sale 3850
Erwin D.M. 10 Reigate Rd Highton 3216
Eyre R.T. Mercer St Shelford 3329
F.M.B. Pty Ltd 39 Pirce St Nathalia 3638
Falla D.E. P.O. Box 14 Marnoo 3387
Fallon F.W. P.O. Box 34 Nerrim South 3931
Farnsworth W., M.A. & W.W. 23 Dawes Rd Kyabram 3620
Ferguson's Coaches 207 Stawell St Sale 3850
Fern Valley Guest House Balook 3971
Ffrench W.G. Ensay East Gippsland 3895
Fidge & Combs P.O. Box 183 Minyip 3392
Fielding W. & Sons Market St Lockington 3563
Fin L. & M. 1 Conifer St Myrtleford 3737
Finch N.W. & C.F.L. 27 Warburton St Beaufort 3373
Fitzpatrick P.J. 143 San Mateo Ave Mildura 3500
Floods Motor Service Pty Ltd 157 Arnold St Bendigo 3550
Fontana R.M. & R.J. Barnawartha 3688
Forbes & Summers Girgarre Engineers Winter Rd Girgarre 3624
Ford F.K. Nominees Pty Ltd 70 Graham St Shepparton 3630
Ford G.L. & D.L. 12 Ferndale Parade Lakes Entrance 3909
Ford Major J.E. Ferndale Tantararboo Kilmore R.S.D.3601
Ford R.A. Lock-Earn Baldock St Dookie 3646
Ford's Shepparton Bus Services 7 Lockwood Rd Shepparton 3630
4A's Services Pty Ltd C.J. & A.J. Foura P.O. Box 223 Kangaroo Flat 3555
Fowler C.G. & E. Wandabar Rokewood 3330
Francis T.C. & E.M. 35 Macrae St East Bairnsdale 3875
Frankston Passenger Services 24 Tooyal St Frankston 3199
Freeman G. & D. 94 Digby Rd Hamilton 3300
Freeman's Buslines Pty Ltd 144 Waverley Ave Merrigum 3618
French L.W. & E.J. Main St Derrinallum
Fun Decker Coachlines 42 Olive Grove Boronia 3155
Futreial & Spril c/- G. Ryan Power Creek Rd Edenhope 3318
G. & A. Bus Service 82 Commercial Rd Kaniva 3419
Gallagher P.B. & S.J. 25 Elizabeth St Nathalia 3638
Gardner J.W. Snake Valley via Ballarat 3351
Gazelle G.E. & E.F. 4 Acacia St Dimboola 3414
Gebert G.L. P.O. Box 199 Rainbow 3424
Geographical Educational Tours 40 McIntosh St Airport West 3042
Gervasi J.M. P.O. Box 343 Robinvale 3549
Gervasoni B.C. Main St Smeaton 3364
Giblett R.A. & J.M. 19 Sandy St Bruthen 3885
Gibson G.D. & A. Millar Rd Yanakie 3960
Giles K.R. & P.A. P.O. Box 14 Glenorchy 3385
Gladigau F.V. & L.M. 20 Alexander Ave Horsham 3400
Gloster A.J. & Sons P.O. Box 16 Underbool 3509
Godkin A.E. & F.J. 52 McIvor Rd Bendigo 3550
Goldsworth J.L. (trading as Kaniva Bus Service) Eglington St Kaniva 3419
Gordon W.S. R.M.B. 185 Streatham 3351
Goulding H.E. P.O. Box 95 Cohuna 3568
Graham B.L. P.O. Box 37 Lalbert 3542
Grant D.H. & E.F. 124 Harris St Corryong 3707
Grant R.H.B. & E.M. 6 Kurewa St Tallangatta 3700
Gray L.E., V.C., & D.E. Alkira Morkalla c/- P.O. Box 34 Meringur 3496
Greaves G.R. & H.J. 163 Ballarat Rd Hamilton 3300
Green H.B. & D.M. Dorans Rd Toora 3962
Greenham B.F. P.O. Box 310 Swan Hill 3585
Greenline Coaches Pty Ltd 42-46 Advantage Rd Highett 3190
Gregory W.G. & B.J. 51 Stradbroke Ave Swan Hill 3585
Grenda's Bus Services Pty Ltd P.O. Box 1007 Dandenong 3175
Grieve H.R. 23 Fahey St Wonthaggi 3994
Grieve John, Nominees Pty Ltd Melbourne Rd Sheparton 3630
Grogan J.B. 21 Jeffrey St Elmore 3558
[S8456] Gull Enterprises Pty Ltd t/as Gull Tours 45 McKillop Street, Geelong VIC 3220
Gunn D.C. & R.D. Post Office Axedale 3551
Gutteridge L & E.M. Sale Rd Yarrum 3971
Guy M.J. & J.E. Swanpool Motors Swanpool 3673
Hadden R.J. & B.A. Gymbowen 3401
Hall C. (Mrs.) Wilson St Cann River 3889
Hall Fred, Bus Lines Buckworth St R.S.D. Kialla 3630
Hall J.A. & J.E. 19 O'Briens Rd Cohuna 3568
Hall M.J. & N. Buckland Lower 3740
Ham R.D. & C.H. 66 Warrnambool Rd Terang 3264
Hamilton Alf & Son 36 Alma St St Arnaud 3478
Hamley E.B. 30 Caledonia St Bendigo 3550
Hampton Green Bus Lines Pty Ltd 2 Willis Lane Hampton 3188
Hampton Red Bus Service 1 Wanrua St Cheltenham 3192
Hams G.F. & M.P. P.O. Box 194 Leongatha
Handley J.E. & L.E. Tideways Cnr Browns & Boneo Rds Boneo 3939
Harley T.V. Tours Pty Ltd P.O. Box 61 Korumburra 3950
Harper R.J. & Cockcroft, D.E. Main St Goroke 3412
Harris J. & A. Masons Rd Tarwin Lower 3956
Harrison Coaches 141 Northern Hwy Echuca 3625
Harrison F. & M. 2 Mackay St Rochester 3561
Hart P.G.J. 312 Church St Cowes 3922
Hateley V.J. & A.N. 58 Patrick St Stawell 3380
Haw G.E. & M.E. 95 Fenaughty St Kyabram 3620
Hawking G. & C. Lot 123 McMeikan St Whittlesea 3757
Hawthorn Bus Service P.O. Box 264 Camberwell 3124
Hayes R. & M. R.M.B. 300 Launcefield Rd Tooborac 3604
Heap F.A. P.O. Box 25 Cohuna 3568
Heard N.M. R.M.B. 7472 Horsham 3400
Heath P. 7 Aquarius Ct Wheelers Hill 3150
Hedwards C.J. & V.J. Pty Ltd P,O. Box 708 Swan Hill 3585
Heenan M.V. & P.M. Greenham St Dartmoor 3304
Hetherton W.J. P.O. Box 7 Piangil 3597
Heywood Garage 27 Edgar St Heywood 3304
Hibbins R.W. & R.E. 110 Powerscourt St Maffra 3860
Hickey A.H, & B.L. Church St Murrabit 3579
Hider I.K. 4 Couch St Timboon 3268
Hildred G. & S. R.M.B. 1160 via Wodonga 3690
Hill G.W. Old Sale Rd Drouin West 3818
Hill M.J. Inverlock Rd Wonthaggi 3995
Hillas S.H. & P.A. R.M.B. Tallangatta 3700
Hitchcock S.G. P.O. Box 7 Shoreham 3916
Hogan R.J. &. L.A. P.O. Box 50 Lake Bolac 3351
Holidaymakers Pty Ltd P.O. Box 882 Mildura 3500
Holland G.E. P.O. Box 27 Avoca 3467
Holmberg J.E. & N.M. 43 Michie St Elmore 3558
Holmes D.E. & G. P.O. Box 30 Numurkah 3636
Holt N. & C. P.O. Box 72 Tresco 3583
Houlden's Tours 15 Charing Cross Bendigo 3550
Hoy's Roadline Pty Ltd Mackay St Wangaratta 3677
Hulm's Passenger Services 24 Henty St Portland 3305
Hunt L.G. & K.A. 9 Williamson St Fish Creek 3959
Hunter J. Winchelsea 3241
Hurst T.C. 32 King St Kurumburra 3950
Hurstbridge Bus & Taxi Service Pty Ltd 833 Main Rd Hurstbridge 3099
Hutchinson G.J. & P.R. Roadknight St Birregurra 3242
Ingram J.E. (Mrs.) Avonleigh Tubbut 3888
Inverlock Bus Lines Pty Ltd 11 Edgar St Inverloch 3996
Invicta Coaches P.O. Box 95 Croydon 3136
Irvin D.E. (Mrs.) Post Office Nandaly 3533
Ivanhoe Bus Co. Pty Ltd 599 Waterdale Rd Heidelberg West 3081
Ivone F.A. & T. P.O. Box 474 Myrtleford 3737
Izard K.D. & J. Byrne St Moyhu 3732
Jackson F.J. & Sons 48 James St Yarrum 3971
Jaensch M.R. & M.G. 7 Carey St Heywood 3304
Jasper D.R. & E.J. Besiebelle R.S.D. 711 Heywood 3304
Jeffrey Bros P.O. Box 70 Casterton 3311
Jennings I.F. 22 Queens Ave St Arnaud 3478
Jess D.J. & G. R.M.B. 442 Minyip 3392
Johns J. Racecourse Rd Wedderburn 3518
Johnson W.C. Marnoo 3387
Johnston J.D. & G.J. P.O. Box 54 Rupanyup 3388
Jolly W.S. & B.J. 18 Broadway St Jeparit 3423
Jones E.M. P.O. Box 627 Lakes Entrance 3909
Jones S.V. High St Wedderburn 3518
Kafritsas C. & T. 6 Gordon St Essendon 3040
Kangaroo Flat Bus Lines Pty Ltd P.O. Box 146 Kangaroo Flat 3555
Kastoria Bus Lines Pty Ltd 42 Marshal