Australian Services Union - Central and Southern Queensland Branch

EBA 5 - The Proposed Agreement

CONTENTS

1. Title
2. Introduction
3. Objectives of this Agreement
4. Framework for the Agreement
5. Employee & Industrial Relationships
6. Consultative Processes
7. Enterprise Bargaining Unit

IMPROVING SERVICE DELIVERY & ACCESSIBILITY

8. No Forced Redundancies
9. Use of Internal Providers and Alternative Suppliers
10. 9-Day Fortnight Arrangements
11. Local Area Agreements
12. After Hours Remote Response Work

DEMONSTRATING VALUE FOR MONEY

13. Wage/Salary Outcomes
14. Business Growth through Partnering Arrangements & Alliances.
15. Performance Measurement

ENHANCING BUSINESS PROCESSES & ENCOURAGING INNOVATION

16. Improved Systems and Processes
17. Workplace Justice
18. Workers' Compensation
19. Recruitment and Selection Processes

DEVELOPING A CAPABLE & ADAPTIVE WORKFORCE

20. Achieving a Safety First Culture
21. Workload Management
22. Work and Life
23. Improved Parental Leave
24. Flexible (Personal) Work Arrangements
25. Flexible Permanent Part-Time
26. Use of Contingent Workforce
27. Learning and Career Development
28. Apprenticeships and Traineeships
29. Supporting Employees Through Periods of Illness
30. Improving Attendance
31. Superannuation.

32. Dispute Resolution
33. Administrative Arrangements

* Schedule 1: Rates of Pay
* Schedule 2: Unions
* Schedule 3: Awards Applying to Brisbane City Council Employees
* Schedule 4: Agreed Polices, Procedures and Common Conditions
* Schedule 5: Sick Leave and Rehabilitation Procedures
* Schedule 6: Charter of the Joint Consultative Committee
* Schedule 7: Brisbane Transport - Passenger Services Agreement

1. Title

This Agreement shall be known as the Brisbane (City Council Enterprise Bargaining Agreement 2003.

This Agreement supersedes and replaces all previous Enterprise Bargaining Agreements, which had application to employees of Brisbane City Council.

2. Introduction

Brisbane City Council serves the people of Brisbane and aims to make Brisbane a prosperous subtropical city, enjoyed by residents, admired by visitors, and respected nationally and internationally for its achievements. Employees of Council are dedicated to a better Brisbane and to delivering the vision for Living in Brisbane in 2010, by creating a city which is;

* Clean and Green
* Accessible
* Designed for Sub-tropical Living
* Smart and Prosperous
* Creative
* Inclusive
* Active and Healthy
* A Regional Leader and World City

To this end, Council is focused on meeting community and customer needs, improving business processes, developing employees and ensuring viable financial outcomes.

We are committed to refining and putting into practice Council's common values.

* Passion for Brisbane
* Responsive Customer Service
* Respect for People
* Courage to Make a Difference
* Working Together
* Getting Things Done
* Value for Money

We acknowledge Council's Corporate Plan and its outcomes as a tool to guide the direction of the organisation and recognise that continuously improved performance is essential to meeting growing competition and other organisational pressures. We are committed to the implementation of Council-wide policies, whilst providing the flexibility in employment arrangements to meet business needs and individual circumstances.

3. Objectives of this Agreement

We commit to develop and use Council's capable, competent and committed employees to provide competitive, value for money, quality services to our customers and the community through:

* secure and sustainable employment for employees
* employment relationships and working arrangements that meet community, employee and organisational needs into the future
* continuous improvement of Council's systems and processes
* development of alliances, partnerships, associated businesses and joint ventures to deliver integrated government and community services to the region
* skills development and sustainable employment for employees
* generating positive financial outcomes that can be shared by customers, the community and employees

4. Framework for the Agreement

This Agreement will assist Council to achieve its vision and reward its employees, by focussing on delivering tangible results in the following areas:

Achieving the BCC Vision

* Enhanced Livability
* Satisfied Community
* Regional Leadership

Improving Service Delivery St Accessibility

* Customer Service Excellence
* Integrating service delivery towards 2010
* Program outcome achievement

Demonstrating Value for Money

* Financial capability towards 2010
* Key financial outcomes
* Value from Council's businesses and services

Enhancing Business Processes St Encouraging Innovation

* Continuous process improvement
* Innovation and product development
* Strategic alignment

Developing a Capable & Adaptive Workforce

* Reshaping the Workforce to meet the needs of 2010
* Employee capability utilising emerging technologies and new ways of working
* Satisfied employees

5. Employee & Industrial Relationships

We recognise that employees appreciate the benefits of secure employment and sustainable conditions, committed and caring leadership, career development, and effective representation.

Council recognises the rights and responsibilities of unions and intends to build upon and reinforce the commitment to the relationship established in previous agreements through co-operative consultation. This commitment flows from the Lord Mayor and the Council to the Chief Executive Officer (CEO) and the Executive Management Team. It is demonstrated by a policy that encourages union membership and participation, involves unions and their delegates in regular consultation and resolves issues through effective joint problem solving and dispute avoidance procedures.

Employees and unions recognise the need to ensure Council remains financially responsible, utilising a flexible and adaptive workforce of capable, competent and committed employees to generate competitive performance.

Working together we aim to:
* continue to identify and meet customer and community needs
* create a workplace in which all -employees know they are providing value for money, quality services and want to be involved in continuing to improve our competitiveness
* generate competitive performance and improved rewards and working conditions
* strengthen communication and commitment to seeking shared solutions
* utilise and continue to improve effective consultative structures and arrangements
* promote life long learning and skill development and provide access to training and resources
* develop an inclusive, equitable, safe and healthy workplace culture
* encourage union membership by providing:
* advice of new employees; including name, role and work unit (subject to any requirements of Privacy Legislation that may apply at the time)
* opportunities to explain membership benefits to employees
* payroll deduction arrangements for union membership fees for parties to this agreement
* recognition, resourcing and support for union delegates
* Industrial Relations Education Leave

Industrial Relations Education Leave will be extended to provide for authorised delegates or nominees to attend accredited two-week courses not more than once every four years, in addition to the current five days per year

Special have will be available for elected (honorary) officials to attend union executive meetings and the annual conference of their union. Delegates may access TOIL, Flex-time or other leave to attend the annual conference of their union, or where IR education leave is not available, for which appropriate notice should be provided. Divisional Managers shall have discretion to approve additional special leave to nominated delegates and officials for specified Trade Union Training or other responsibilities.

We agree to review the current policy with respect to the number of employees that can be released simultaneously on any one occasion.

6. Consultative Processes

We reaffirm our commitment to consultative processes established under previous agreements and recognise that these processes need to be continuously improved with:

* clear guidelines and objectives for consultative committees
* effective induction and training of new committee members
* recognition for participation
* genuine consultation and consideration of management, employee and union contributions to decision making
* support for implementing changes which enhance employee and organisational goals

The Joint Consultative Committee (JCC) will meet at least once per quarter, be chaired by the CEO, and will include all Divisional Managers as well as one representative from each of the following union bodies:

* AMWU
* AWU
* ASU (Queensland Services Branch)
* ASU (Central & Southern Queensland- Branch) ARTBU
* QCU (representing all other relevant unions)

The Charter of the JCC is included in Schedule 6.

JCC will monitor the implementation of this Agreement and oversee the work of any sub-committees established for specific purposes under this Agreement.

The JCC may review and endorse changes required to HR policies and procedures listed in Schedule 4, and may endorse new policies and procedures with application to employees covered by the Agreement. Policies and Procedures endorsed by JCC shall be published on "CityWeb" and publicised as determined by JCC with a view to bringing the contents of such policies and procedures to the attention generally of employees who may be affected by the implementation of those polices and procedures.

A Policy or Procedure endorsed by JCC (and the Establishment & Co-Ordination Committee of Council, where applicable) shall operate in relation to the employment of employees covered by this Agreement as if such Policies and Procedures were set out in and formed part of this Agreement. The JCC may rescind or vary any Policy or Procedure determined in accordance with this Clause at any time, in accordance with the same procedures adopted for the making of the original Policy, Procedure or Decision. No policy or procedure adopted or varied by JCC under this Clause shall operate to contravene or circumvent the �No Disadvantage Tests" provided by relevant legislation.

Council will provide information to the JCC and each DCC, including workforce composition (Permanent, Full-time and Part-Time, Temporary, Casual, Labour Hire and Contractors), Safety and WorkCover Performance and workplace changes proposed, progressing and implemented on a Divisional basis.

Divisional, Work Unit and Local Consultative Committees will consider issues of workload management, staffing issues and excessive overtime, develop and implement strategies to address any issues identified, seeking assistance from HR Services if required.

7. Enterprise Bargaining Unit

This Agreement has been developed by an Enterprise Bargaining Unit (EBU) consisting of four (4) management representatives and six (6) union representatives as identified in Clause 6 above, representing all the unions in the Brisbane City Council, plus two nominees from union reference groups.

The JCC may review the format and composition of the EBU before commencing negotiations for the next agreement.

IMPROVING SERVICE DELIVERY & ACCESSIBILITY

8. No Forced Redundancies

Recognising efforts of employees to improve competitiveness, and their commitment to implement better systems and improve processes, there will be no involuntary redundancies during the life of this Agreement. Employees may be required to retrain and utilise their skills and capabilities in other areas of Council.

9. Use of Internal Providers and Alternative Suppliers

Council reaffirms its belief in the general principle of striving to deliver quality, value for money performance within a broader context of social responsibility.

We recognise that our competitive performance as an organisation requires us to provide relevant, efficient, quality and cost-effective services to the community and our customers in all current and future service areas. It is our preference to use our own capable, competent and committed employees in providing these services.

Council is committed to continuing the role for Council units as direct providers of services, provided that those services satisfy the needs of customers and provide value for money. The workforce is committed to improving work practices and ensuring our competitiveness. Working together, we will encourage and support internal providers to develop and maintain commercially viable and competitive service delivery capability.

Areas of Council not subject to National Competition Policy legislation are required to use internal service providers and Council business units, unless specific agreement to other arrangements is reached with the relevant parties. This requirement does not after previously agreed outsourcing arrangements existing at the time of signing this Agreement.

Business Units subject to NCP legislation (eg currently Brisbane Water, Brisbane Transport and City Parking) are encouraged to use internal service providers and other business units, subject to demonstration of service, quality, performance and value for money.

Should Business Units subject to NCP legislation seek to source externally from Council, the opportunity will be provided for internal providers to bid on equal terms and in a way which maintains the integrity of Council's purchasing mechanisms. There will be an obligation on management to deliver support, to the satisfaction of the bid team, which will achieve the best possible bid.

10. 9-Day Fortnight Arrangements

We recognise the intent and operation of the 1982 nine-day fortnight agreement (May 1982) in the areas specified. It is agreed that the most common current practice under the 1982 Agreement is to locate RDO's on Fridays and Mondays.

It is agreed that, where operational needs require, a genuine business case exists and is explained to employees and relevant unions, RDOs may be rostered or arranged on other days of the week through agreed rosters or LAA's.

11. Local Area Agreements

We commit to continue to review and update existing Local Area Agreements (LAAs) and to develop and implement new LAAs which will deliver greater flexibility in working arrangements and lower operating costs to meet customer, Council and employee needs.

A Local Ana Agreement (�LAA�) is a collective agreement about arrangement of working hours, particular work practices and/or conditions of employment in specified areas of Council activity, or relating to particular groups or classifications of employees. LAAs are negotiated on a local level between management, unions and relevant employees, and are formalised between Council and Unions who are parties to this Agreement and the relevant Award.

Subject to the entirety of Clause 11 , Council and any one or more of the Unions named in Schedule 2 may make, renew, vary or terminate an LAA at any time during the period that this Agreement is in force, in accordance with the procedures prescribed in this Clause.

An LAA made or continued in force under this Agreement shall have elect in accordance with its terms at all times while it remains in force, to the same effect as if the LAA was an express term of this Agreement, and shall prevail over any inconsistent term of this Agreement (including any Award terms incorporated into this Agreement) to the extent of any inconsistency.

An LAA made under an expired Enterprise Bargaining Agreement, which was recognised and treated by the parties thereto as remaining in force as at the date of certification of this Agreement, shall continue in force and effect for all purposes until the nominated expiry date of that LAA as if it had been made under this Agreement, and shall be deemed to have an expiry date 12 months after the date of certification of this Agreement if the LAA has no expiry date. If the expiry date has already passed, an LAA continues to operate unless any party exercises their rights pursuant to this Clause to renew, replace, terminate or withdraw from the LAA.

11.1 Principles Underpinning Local Area Agreements

11.1.1 LAAs are intended to provide local management the local workforce, and relevant Unions with the opportunity to reduce costs, improve productivity and meet employee needs by the development and introduction of more flexible working arrangements than are possible under the existing industrial instruments.

11.1.2 An LAA shall not be made or implemented that would result in a reduction in the overall entitlements of affected employees under this Agreement. Any changes to terms and conditions of employment effected under an LAA must satisfy the "no disadvantage" test prescribed in Part VIE of the Workplace Relations Act 1996 or Chapter 6 of the Industrial Relations Act 1999 (ad), in the same manner as K the LAA were a part of this Agreement when certified.

11.1.3 An LAA must provide mutual benefits for Council and employees, usually involving enhanced and more flexible working arrangements for employees which deliver greater efficiencies and/or cost savings to Council.

11.1.4 An LAA may cover a Division or discrete sections or work groups, and may be made for specific events or activities (such as particular major sporting events or public occasions).

11.1.5 An LAA shall not be used as a vehicle for formalising individual or personal working arrangements that are within the scope of existing Award provisions or Council policies. Such arrangements should be formalised by way of a letter of offer to the individual[s] concerned and incorporated in the Employment Contract of the individual[s].

11.1.6 LAAs are intended to operate within a framework which acknowledges and addresses the need for a balance between:

* benefits for Council�s operations such as reduced costs and/or improved customer service;
* benefits for employees such as payment and/or other benefits, which recognise their flexibility in meeting customer and community requirements;
* consideration of arrangements which support opportunities to grow Council's businesses into new areas; and
* consideration of workloads, Workplace Health and Safety issues and work and life balance.

11.2 Developing New Local Area Agreements
The steps for establishing Local Area Agreements (LAAs) are:

1. A Proposal to Develop a Local Area Agreement may be initiated by management, employees through LCC's /WUCC's or a union on behalf of a group of employees.
2. The Proposal (utilising the corporate template) shall be submitted to the Divisional Manager specifying the purpose, business objective to be achieved and benefits for employees arising from the proposed arrangements. The Manager - Employment Arrangements will be advised so that appropriate consultancy support can be arranged and corporate implications considered. The Divisional Manager will consider the resources required to develop the LAA before approving development and negotiation.
3. All relevant unions must be advised of any proposal to develop. a new LAA.
4. Relevant DCCs will be notified of work units where LAAs are being developed and will monitor progress to ensure finalisation of negotiations within three months.
5. The LAA must be drawn up in accordance with the corporate template provided by Council, specifying the area of application and period of operation (not exceeding three years).
6. LCCs/WUCCs are to discuss and propose options in relation to the proposed LAA with the involvement of local union delegates, employees, management and union officials. The Manager, .Employment Arrangements may nominate a consultant to support the development of a joint proposal, which could form the basis of a draft LAA.
7. A draft LAA is to be prepared and forwarded to the affected unions, Divisional Manager and Manager, Employment Arrangements within three months of the commencement of negotiations.
8. The parties may agree to seek the assistance of relevant industrial tribunals for conciliation to facilitate resolution of any issue that is a barrier to the development of a new LAA.
9. Local union delegates and management are to jointly endeavour to obtain majority workforce agreement by consensus within one month of finalisation of the draft, by means of local consultation with all relevant employees.
10. If consultation outlined in Steps 1 to 8 is followed and no agreement is reached, the LAA does not proceed. The No Extra Claims provision will operate, industrial action will not be taken in support of any part of the failed proposal, nor will any part of the failed proposal be implemented.
11. If agreement is reached as outlined in Steps 1 to 8, the relevant unions and Council will formalise and retain copies of the Agreement, and forward the original signed Agreement to the Manager, Employment Arrangements for inclusion in the register of all finalised and current Local Area Agreements.
12. The relevant DCC will men acknowledge and record the Agreement, and will monitor delivery of agreed outcomes for the life of the Agreement.

11.3 Renewing, Replacing or Terminating a Local Area Agreement

A Local Area Agreement will expire on the nominal expiry date but will continue to operate unless any party exercises their rights to renew, replace, terminate or withdraw as provided by this clause. Prior to the expiry of a Local Area Agreement, the following options will be considered and discussed by the parties to that LAA:

11.3.1 Renewing a Local Area Agreement

The parties may agree that the LAA is to be extended for a nominated period without modification. In this case, a replacement LAA should be drafted reflecting the change in operative dates, signed by the relevant union officials, local Manager and Divisional Manager, Divisional Consultative Committee Chairperson and forwarded to Manager-Employment Arrangements for signing and filing.

11.3.2 Replacing a Local Area Agreement

The parties may agree to negotiate a new LAA with arrangements more suitable to current business needs and employees involved. In this case the steps noted in 11.2 for Developing a New Local Area Agreement shall be followed.

Where there is no agreement to renew or replace a Local Area Agreement, the procedure noted in 11.4 Withdrawing from an Expired Local Area Agreement, should be followed.

11.3.3 Terminating a Local Area Agreement

All parties to an LAA may agree to terminate the LAA prior to its expiry date. When termination is confirmed, the DCC shall formally record the termination of the LAA and advise Employment Arrangements.

11.4 Withdrawing from an Expired Local Area Agreement

11.4.1 Any party which intends to withdraw from an LAA upon or after its nominal expiry date, and not seek any extension, renewal, or replacement thereof, shall give reasonable notice in writing to all other parties to the LAA, the Divisional Manager and DCC Chair, and to the Manager - Employment Arrangements. Reasonable notice shall be not less than two months but shall be appropriate to the circumstances and the impact of the potential change on the employees and business affected.

11.4.2 If any party to an LAA gives notice under (11.4.1), and any other party unsuccessfully seeks to renew, replace or re-negotiate the LAA, either or all parties may seek assistance by way of conciliation and/or mediation from the relevant Industrial Relations Commission to;

* Consider the options and implications of continuing the expired LAA until the expiry of the current Enterprise Bargaining Agreement or some other period; but if no agreement is forthcoming, then;
* Explore options for development of a replacement or new LAA; but if no agreement is forthcoming then;
* Clarify the impact and options in relation to withdrawal from the expired LAA.

11.4.3 If no agreement can be reached between the parties, then any party may confirm withdrawal from the LAA at the date of expiry or such later date as may have been agreed or be specified by the party giving notice. In such cases all parties retain their respective legal rights in relation to -the pursuit or refusal of the specific matters which were the subject of the expired LAA and the 'No Extra Claims" clause in this Agreement shall not operate in relation to those specific matters.

11.4.4 Where the process described in this clause is followed, the LAA will not expire on its nominal expiry date, and the terms of the relevant LAA will continue to operate until formal withdrawal from the LAA is given as provided in subclause (11.4.3) above. The DCC shall formally record the termination of the LAA and advise Employment Arrangements.

12. After Hours Remote Response Work

We recognise that remote response work (eg; responding to a contact by using phone and/or computer work at home not requiring attendance at a site, Council depot, office or facility) will be likely to increase in some areas with the increasing development and application of technology. We agree that payment for work in such circumstances is appropriate and should be clarified by agreement in LAA's, due to the differing circumstances in each relevant work area.

We also agree that JCC will oversee the process to ensure that all areas with current or potential requirements for remote working will develop LAA's within 4 months of certification of the Agreement, or as alternatively agreed when a new requirement becomes evident.

DEMONSTRATING VALUE FOR MONEY

13. Wage/Salary Outcomes

13.1 Increases to Pay Rates
In recognition of the implementation of commitments made under this Agreement, wage and salary rates will be increased in two parts.

13.1.1 First Pay Increase

From 1 July 2003, pay rates will be increased by 3.9% or $25 per week, whichever is greater

13.1.2 Second Pay Increase

From 1 July 2004, pay rates will be increased by 3.9% or $25 per week, whichever is greater.

13.2 Brisbane Transport Passenger Services Agreement

Schedule 7 specifies additional terms and conditions applicable -to Passenger Services Employees (Bus Operators & Conductors) only and supersedes the terms of the Local Area Agreement titled "Bus Operators Conditions of Employment Agreement" dated May 1998 (which was the subject of proceedings in the Queensland Industrial Relations Commission; Matter No. D212/2003).

13.3 Casual Loading

Casual employees shall be paid a 23% casual loading. Where necessary, relevant awards will be varied to reflect this rate.

13.4 Encouraging Use of Brisbane Transport

We are committed to developing a proposal to enable Council employees to utilise any allowable exemptions from Fringe Benefits Tax for purchasing of bus tickets. The proposal will need to be developed with the Department of Transport as part of the integrated public ticketing initiative, due for implementation from 1 July 2004. The final proposal will need to be approved by the Australian Taxation Office (ATO), including exemption from any FBT liability.

In the interim, Council will investigate alternative ticketing purchasing access arrangements on a salary sacrifice basis for council employees within the allowable ATO rulings. Options will be presented to the JCC within three (3) months of EBA5 certification.

14. Business Growth through Partnering Arrangements & Alliances

We agree to expand and develop new services for the community and other customers, especially in the South-East Queensland region, building on the skills of employees and current infrastructure, through joint ventures with government, businesses and community agencies. Strategic alliances, joint venture and partnering arrangements that supplement and complement Council's resources will help to secure jobs in Council, expand career opportunities and introduce new skills to our workforce. Some of these arrangements will be established to grow the businesses and will be conducted on the basis of extending Council's services and Council employment.

In cases where Council employees are seconded to Joint Venture enterprises and other similar arrangements for periods of up to two years, employees will:

* have their rights and entitlements preserved
* be paid at the relevant BCC rates (or better)
* be engaged under similar conditions
* not have their career options limited
* have the right to return to their previous role, or an equivalent role, at the conclusion of the secondment

15. Performance Measurement

We commit to monitoring the effectiveness of this Agreement and of changes in business performance by continuing to measure improvement through the use of Key Performance Indicators (KPIs), within the context of the corporate scorecard and BCC values. Performance will be measured through the establishment by management of KPIs relevant at the Corporate, Divisional or Business Unit level, in each of the key performance areas for Council:

* Achieving the BCC Vision
* Meeting Community and Customer Needs
* Improving Business Processes
* Developing Employees
* Ensuring Viable Financial Outcomes

Corporate and Divisional or Business Unit KPIs and targets will be established within the first three months of the operation of this Agreement. Divisions will report progress and performance against these KPIs to jCC on a six-monthly basis.

ENHANCING BUSINESS PROCESSES & ENCOURAGING INNOVATION

16. Improved Systems and Processes

We commit to support continuous improvement in the productivity of Council's business systems and processes.

Council will continue to improve business systems and processes to meet future needs and to:

* deliver more responsive customer service and enhance outcomes for community and customers
* demonstrate better value for money by implementing competitive and cost-effective systems
* encourage working together effectively and provide greater support for employees
* improve efficiency in data transfer, electronic commerce and knowledge management to more efficiently get things done

We recognise that implementation of new systems will involve changed workflows and work practices and may impact on staffing arrangement and skills needs in different areas (eg Employee Self Service associated with the new HR & Payroll system, Remote Tracking & Despatch Technology). Council will continue to inform and consult employees and their unions about these issues, to ensure effective implementation of systems and related changes.

17. Workplace Justice

We agree to review Workplace Justice procedures to recognise the practice and option for the matter to be referred to Divisional Manager HR&SM, or to peek the assistance of independent mediation at an early stage of the process. Changes to these procedures shall be presented to JCC within three months of certification of this Agreement.

18. Workers' Compensation

The parties agree to develop fact sheets for the information of employees and team leaders describing the responsibilities and requirements relating to the processing of workers' compensation claims. These shall be presented to JCC within three months of certification of this Agreement.

19. Recruitment and Selection Processes

We commit to ensuring fair and equitable processes aligned with business needs, legislation and non-discriminatory employment practices, including opportunities for employees to progress and/or move around the Organisation.

19.1 Simultaneous Advertising

Previously agreed arrangements for the simultaneous internal and external advertising of salaried staff roles will continue. That is,

* Roles in bands 1 to 4 may be simultaneously advertised internally and externally with the agreement of the relevant union/s.
* Any vacancy where the salary is greater than the maximum rate for band 4 may be simultaneously advertised internally and externally.
* The selection panel determines that simultaneous advertising is warranted and then contacts the relevant Union/s and advises why simultaneous advertising -is warranted.
* Unions may access the grievance procedure if they disagree with the decision of the panel to simultaneously advertise the role.

When a decision is made to advertise a vacant Salaried Staff role, and it is further decided that the role should be advertised externally on a simultaneous basis, advice will be provided to all the relevant unions by fax or email as soon as possible. Where it is proposed to advertise any role externally on the following Saturday, advice shall be given to all the relevant unions by fax or email before 12.00 noon on the preceding Monday.

Where a union disagrees with the intention to advertise externally, they shall advise the Vacancy Advertising Co-ordinator before 11.00am Wednesday. The Vacancy Advertising Co-ordinator will immediately advise the Chair of the Selection Panel and Employment Arrangements, and arrange for the external advertisement to be withheld pending resolution of the union's concerns in accordance with the Dispute Resolution Procedure. The union shall provide reasons for non-agreement to external advertising to the Chair of the Selection Panel. Where no response to the request or notification of intention to advertise is received from relevant unions by 11.00 am Wednesday the external advertisement will be placed.

19.2 Upgraded Roles

Under the agreed Recruitment and Selection Procedures, where a work role has been expanded to meet Council business needs, and has consequently been reclassified at a higher Band, the role must be advertised and merit based selection principles applied. Where the role is reclassified as a result of organisational restructuring or reassignment of roles and responsibilities within a section or work unit, then advertisement may be Quarantined' to that section or work unit.

We agree that the application of the Recruitment and Selection Procedures can be modified by the procedure outlined below. Where a rot is reclassified one band higher, the employee appointed to the role before reclassification may be appointed to the higher level role with the approval of the Divisional Manager, provided that the employee;

* had initially been appointed to the role in accordance with merit-based selection processes, and
* has occupied that role for at least two years prior to reclassification, and
* has achieved their goals as outlined in the Planning for Performance process, and
* has been assessed by a selection panel to meet the selection criteria and to have demonstrated capability to perform all the responsibilities of the reclassified role at the higher level. The selection panel will be convened in accordance with the Recruitment & Selection Procedure with the chair of the panel being external to the administrative unit.

Appointments under the above provisions shall be announced through the Divisional Consultative Committee.

An employee who is appointed to a higher band, in accordance with the above criteria following reclassification of a role as above will not be eligible for further advancement under this provision in the event the role is again reclassified.

19.3 Probationary Period

All employees upon permanent appointment to Council shall be subject to an initial probationary period of three months, or six months for Salaried Staff, during which time the achievement of learning objectives, commitment to safety and Council values, work quality, performance and attendance will be assessed.

DEVELOPING A CAPABLE & ADAPTIVE WORKFORCE

20. Achieving a Safety First Culture

We are committed to encouraging and promoting and active and healthy workforce.

We will continue to promote, and involve employees in developing, a safe, healthy and fair workplace, improving the Workplace Health and Safety (WH&S) Framework and implementing initiatives such as 'B-Safe' which encourage an attitude of "Safety First" and safe working behaviours at all levels.

Working together, Council management, employees and unions aim to again halve the number of lost time injuries over two years. To reduce the number of incidents, employees and managers will:

* undertake hazard identification and risk assessment
* implement and review control processes
* investigate all work caused incidents (including near misses), record and report all investigations and action taken. This should include any changes to processes, resources provided or behaviours modified to reduce the risks bf these incidents reoccurring.
* review relevant reports, statistics and trends, and benchmark to learn from others
* allocate resources, improve work processes, provide and participate in relevant WH&S training

Divisional Consultative Committees and local Workplace Health and Safety Committees will continue to review and improve WH&S Management Systems. The JCC will continue to monitor and improve the effectiveness of health and safety initiatives through its WH&S sub-committee.

21. Workload Management

We are committed to enhancing the health and wellbeing of employees and encourage a balance of work and lifestyle. We recognise the health and safety implications of excessive workloads and working arrangements and are committed to exploring opportunities to improve workload management practices across the organization to enhance effectiveness and efficiency.

Managers, Team Leaders and employees shall manage work times to meet operational requirements and cooperate to minimise the working of excess hours, contain the accrual of excessive flex-time or TOIL and to ensure that accrued time-off and leave can be accessed without disruption to business operation.

We are committed to ensuring a balance between the appropriate level of employees to meet operational and business needs, customer demand and community expectations, in the context of funding and revenue considerations.

Divisional and/or Work Unit Consultative Committees shall;

* identify any reasons for the working of excess hours,
* identify any impediments to employees accessing time off,
* investigate whether excessive overtime is being worked in any areas or by individuals,
* develop strategies to minimise the working of excess overtime

Where demonstrable evidence of a problem exists, the parties will conduct jointly sponsored research to assess the situation. Outcomes of this research will be represented in budget planning processes.

Where changes in technology, business trends or demand impacts the number of roles or employees required, the relevant consultative committees will be advised and the agreed Retraining, Placement and Separation procedures will be utilised to minimise the impact on affected employees.

22. Work and Life

Brisbane City Council seeks to retain its status as a preferred employer and reaffirms its commitment to equal opportunity, workplace diversity and a balance between work and life.

Recognising a diverse and capable workforce is essential to delivering outcomes for the City and its community, and the need to balance business needs and individual requirements, we will continue to demonstrate commitment through:

* developing and implementing leading-edge work and life and equity and diversity policies and practices that benefit both employees and the business
* applying flexible and innovative ways and enhancing the policies in daily business where possible
* undertaking proactive actions to attract, select, develop and retain employees from diverse backgrounds and abilities, so that the workforce mirrors the diversity in the Brisbane community and an enhanced customer service capability is achieved
* an expectation that managers, team leaders and employees will demonstrate respect and valuing of other employees through their behaviour
* liaising with the community to promote the principles of equity and diversity together with work and family/life friendly workplaces
* continually strengthening relationships between managers, team leaders and employees

23. Improved Parental Leave

We agree that 14 weeks paid Maternity Leave is an appropriate standard to work towards. Accordingly, paid Maternity Leave will increase to;

* 10 weeks from 1 July 2003,
* 11 weeks from 1 July 2004, and to
* 12 weeks from 30 June 2005.

It is further proposed that, through the operation of EBA6, paid Maternity Leave will increase to 14 weeks from 1 July 2006.

In the event that the mother of a child is incapacitated or deceased, the father as primary carer will be able to access similar levels of parental leave arising from the birth of a child (absorbing or in lieu of Paternity Leave).

We confirm previously approved arrangements for Maternity Leave, Accrued Annual and Long Service Leave to be taken at half pay (for twice the period) during periods that would otherwise be unpaid Parental Leave.

We further agree to increase paid Paternity Leave to 2 weeks from 1 July 2003.

24. Flexible Work Options for Parents and Carers

We recognise the need for employees to balance their work and family responsibilities. Where an employee has family or caring responsibilities that may require a change to the standard working arrangement in their work area, they are encouraged to discuss the matter with their team leader. The team leader is responsible for ensuring that the employee is aware of the range of available options including, but not limited to, part time work arrangements and changes to working hours. This will assist the employee to develop a. proposal that takes into account business and personal needs, and the impact on both the customer/clients and their work team, for consideration by the manager.

Arrangements for employees to participate in these flexible employment arrangements are entered into when it is considered to be a viable option. Equal consideration will be given to the achievement of business goals and the needs of the employee. Employees entering into flexible working arrangements should be made aware that if they work less than 15 hours per week they are not covered by the insurance provision of the superannuation scheme. If an application for flexible working arrangements is not approved, the Team Leader / Manager is required to discuss the reasons with the employee. If the employee is dissatisfied, they have the right of appeal through the Dispute Resolution procedure outlined in this Agreement.

25. Flexible Permanent Part-Time

Following successful trials of various arrangements in accordance with EBA4 provisions, we agree to confirm and make permanent the Flexible Permanent Part-Time arrangements and seek to have a clause included in the revised Salaried Staff Award.

Public Holidays will be paid to flexible permanent part-time employees on a pro-rata basis, based on minimum hours agreed at beginning of each quarter. Payment will be made in any week during which a public holiday occurs. Such payment VI be in addition to agreed rostered hours. Employees required to work on a public holiday will be paid at a rate of double time and a half for all time actually worked, in lieu of any pro-rata payment.

26. Use of Contingent Workforce

We will continue to reshape the workforce and improve workforce planning to ensure that Council develops and maintains critical skills within the organisation.

Council prefers to directly engage employees on a permanent full-time or part-time basis. It is agreed that under circumstances where permanent employment is not appropriate to business needs, or continued funding of activities cannot be guaranteed, other contingent modes of employment which meet the business needs of Council should be utilised.

It is expected that Council will normally secure contingent resources through the use of other modes of employment, including the following:

* Temporary employment
* Casual employment
* Labour hire
* Contractors (self-employed)
* Fixed Term Employment

After 12 months equivalent full-time employment, temporary and casual employees may apply for permanent employment in their role. In determining such an application for permanent employment, Council will consider the:

* on-going requirement for the work to be performed
* existence of on-going funding for the role
* suitability of the employee's skills and performance
* long term needs of Council

Where an employee's skills are considered not appropriate for permanent employment, but the employee's temporary or casual employment is maintained, access to learning and development opportunities will be provided. Further reviews of the status of temporary and casual employees may take place at 6-month intervals.

Situations where the use of contingent employees is required include:

* emergency or urgent work requirements;
* when professional or technical skills are required and cannot be obtained internally,
* for special projects that are time limited; or
* to meet peaks and troughs in workload.

Contingent employees will not be utilised to reduce the pay, award conditions or employment security of Council employees. Contingent employees will be paid not less than the relevant rate payable under this Agreement for the substantive role, or to Council employees performing a similar class of work.

Council will provide information to the JCC and each DCC, including workforce composition (Permanent, Full-time and Part-Time, Temporary, Casual, Labour Hire and Contractors), Safety and WorkCover Performance and workplace changes proposed, progressing and implemented on a Divisional basis.

DCCs will regularly review the practices and outcomes in the use of contingent employees. Where relevant unions believe an unnecessary level of contract and labour hie has been utilised for an extended period (ie. Clearly more than a seasonal peak situation), management will demonstrate reasons for any ongoing requirement for such labour.

Where budgetary or funding variations may have a negative impact on employment levels, the parties will confer in a timely fashion to consider options to manage such impact on individuals affected.

27. Learning and Career Development

We are committed to life long learning at both an Organisation and individual level.

To meet the changing needs of Council and the community, we agree to monitor, review and update approaches to the development of required skills; acquisition and sharing of knowledge; and continuing to build a workforce of capable, competent and committed employees. Employees commit to learn and apply new skills, adapt to new ways of working and participate in initiatives which assist Council to meet future needs.

We are committed to training and career development for all Brisbane City Council employees. Such training shall be consistent with the Australian Quality Training Framework, where appropriate, and subject to the requirements of relevant awards or other instruments.

We agree that DCC's are the appropriate vehicle to develop, oversee and review agreements for training, skills development and competency based career development.

28. Apprenticeships and Traineeships

Consistent with the above commitments, Council will continue to offer traineeships and apprenticeships. Such apprenticeships as are offered will be at a minimum AQF Certificate III level.

We agree to review arrangements for apprentices and trainees to maximise training opportunities for young people in the city entering the workforce, including partnering opportunities with other organisations and group apprenticeship schemes. This review may establish different employment arrangements and conditions, and may also develop arrangements to facilitate the transition from training roles to full-time work.

We agree that Council's traineeship program is a beneficial initiative for youth in the city. Accordingly, it is agreed that an LAA will be developed in relation to salaried staff within 6 months that addresses:

* minimum payments to be made to trainees working in Council
* transition and support arrangements to be used to maximise opportunities for trainees in finding on-going employment in Council.
* An appropriate competency based progression model for trainees who gain employment in Council covering their first 18 months of employment.

29. Supporting Employees Through Periods of Illness

We remain committed to Council's safety net sick leave arrangements and to support employees during times of illness. The sick leave and rehabilitation procedures have been refined to ensure continued access to these arrangements. The consolidated procedures are included in Schedule 5, and changes to previous arrangements include;

* Earlier notification of illness and absence, to assist Fostering and replacement of absent employees
* Notification to Council as soon as practical of illness during annual or long service leave and availability for rehabilitation where possible and appropriate
* Sick leave anniversary date to change from 1 July to employee's anniversary of start date with Council.

We recognise that people in our community and workforce can experience periods of psychological illness. We acknowledge that individual case management is required for long term situations involving psychological illness and that the operation of fixed rules does not always provide options for solutions in these cases. Within 12 months of certification of this Agreement we will jointly develop proposals for better practice in case management for consideration. by JCC. These proposals will aim to increase awareness and expertise in managing the impact of such conditions in the workplace.

30. Improving Attendance

We agree to continue analysis of absence and attendance to develop programs that will support both employees and team leaders and facilitate improvement in attendance.

31. Superannuation

Nominated JCC Union Officials will meet with the City Super Reference Group at least once per quarter to discuss issues arising with the management or implementation of superannuation matters. These JCC union officials will be consulted in relation to the preparation and evaluation of tenders for Death and Disability Insurance provided for members of City Super.

Superannuation benefits for all employees covered by this Agreement shall be provided from the Brisbane City Council Superannuation Plan (City Super). Employees are entitled to benefits calculated in accordance with the governing rules of City Super applicable to their category of membership, and must contribute to City Super if required under the governing rules. The Brisbane City Council will pay superannuation contributions for the benefit of employees as required by the governing rules of City Super

Salary Sacrifice arrangements will continue to be available to all employees, subject to legislative provisions and Australian Tax Office rulings.

32. Dispute Resolution

Through this procedure we aim to avoid industrial disputes, or where a dispute occurs, to provide a means of settlement based on consultation, co-operation and discussion and the avoidance of interruption to work performance.

During any dispute, other than a Workplace Health and Safety matter, the status quo existing immediately prior to the matter giving rise to the dispute will remain and work shall continue as it was prior to the. dispute without stoppage or the imposition of any ban, limitation or restriction.

No party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause.

Notwithstanding any other provisions having application to the Brisbane City Council, any grievance or dispute shall be handled as follows:

Stage 1 - Discussions between the employee/s and team leader and at the request of the relevant Union, shop steward/delegate.

Stage 2 - Discussions involving the employee/s, the shop steward/s and relevant Union Secretary/Organiser or nominated delegates with the relevant line manager and an HR Consultant or other person nominated by the Manager, Employment Arrangements.

Stage 3 - Discussions involving relevant Union Secretary/Organiser or nominated delegates with Divisional Manager and Manager, Employment Arrangements or nominated delegate.

A dispute shall not be referred to the next stage until a genuine attempt to resolve the matter has been made at the appropriate level.

There shall be a commitment by the parties to achieve adherence to this procedure, including the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute. Throughout all stages of the procedure, all relevant facts shall be clearly identified and recorded.

Sensible time limits shall be allowed for the completion of the various stages of the discussions. Discussions outlined in Stages (1) and (2) above should, if possible, take place within 24 hours after the request of the employee or the employee's representative. At least seven days should be allowed for all stages of the discussions to be finalised.

Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the relevant Industrial Relations Commission for resolution.

In order to allow for peaceful resolution of grievances, the parties shall be committed to avoid stoppages of work lockouts or any other bans or limitations on the performance of work, while the procedures of negotiation and conciliation are being followed.

The parties shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the workplace.

33. Administrative Arrangements

33.1 Application

This Agreement applies to the employment of all employees of Brisbane City Council whose employment .is subject to the Awards listed in Schedule 3, and whose employment is not the subject of any other certified agreement.

33.2 Parties Bound

The Parties bound by this Agreement are the Brisbane City Council and each of the unions who sign this Agreement after it has been approved by a valid majority of Council employees to whom the Agreement is intended to apply in accordance with Clause 33.1. A list of unions that will be invited to sign this Agreement after relevant voting procedures have been finalised is included in Schedule 2.

33.3 Date and Period of Operation

This Agreement shall operate on and from 1 July 2003 and shall remain in force for a period of two years from that date.

Subject to relevant legislation applying at that time, the Pates agree to begin developing the next Agreement no later than 1 March 2005.

33.4 Incorporation of Existing Awards

This Agreement shall be read and interpreted as incorporating each of the terms and conditions of the Awards listed in Schedule 3 as they applied at the date of certification of this Agreement, except for;

* Safety Net Adjustments
* General Rulings of the Queensland Industrial Relations Commission
* Variations to the Awards by consent of Council and the relevant union[s] in Schedule 2.
* Variations to the Awards which arise from arbitration, where referral of the matter to arbitration was agreed by the parties.
* Simplification or reformatting of Awards under Workplace Relations Act or Queensland Industrial Relations Act
* Variations arising from this Agreement

Those Award terms and conditions, varied only as specified in this clause, shall apply to the employment of employees covered by this Agreement to the same effect as if those terms and conditions were expressly set out in this Agreement; save and except that, where there is an intended inconsistency between any of the express written terms of this Agreement and a term of any of those Awards which are hereby incorporated into this Agreement, the express provision of this Agreement shall be applied and the inconsistent provision contained in the Award shall be disregarded.

33.5 Electrical Safety Allowance

We agree that leave is reserved to apply to vary Schedule 3 of the Engineering Award - State, either by consent or arbitration, to include an Electrical Safety Allowance for Electrical Fitters, Electrical Mechanics and Electrical Fitters/Mechanics. We further agree that the Award, as consequently amended, shall apply as if those terms and conditions were expressly set out in this Agreement.

33.6 Federal and State Standards

This Agreement shall not operate so as to cause an employee to suffer a reduction in Council Awards, ordinary time earnings or in Federal/State Standards such as hours of work, annual leave and long service leave.

33.7 Payroll Deduction Arrangements

We agree that the existing arrangements for deduction and remittance of Union membership fees shall remain in place for the life of this Agreement for members of unions which are party to this Agreement.

33.8 No Extra Claims

This Agreement contains the major agreed strategies to be pursued in the life of the Agreement.

In the event that there is a need to develop and implement additional or new strategies, we will discuss and agree implications for the workforce through the JCC and relevant DCC.

We agree that no party shall make any claim for any alteration to the terms and conditions of employment established by the certification of this Agreement, other than by the means specifically provided under this Agreement. This Agreement is intended by the parties to be a settlement of all claims, by all parties in relation to the terms and conditions of employment for persons covered by this Agreement for the term of this Agreement, irrespective of whether such matters are expressly mentioned in or dealt with by this Agreement. This clause shall not apply to General Rulings made by the Queensland Industrial Relations Commission and reclassification of roles under relevant award or other agreed processes, nor to the other matters exempted in clause 33.4.

Schedule 1: Rates of Pay

Salaried Staff (per year)