Goldenfields Water County Council Enterprise Award 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 695 of 2008)

 

 

REVIEWED AWARD

 

Arrangement

 

Clause No.       Subject Matter

 

7.        Overtime

14.      Superannuation

9.        Leave

2.        Definitions

4.        Expenses and Allowances

10.      Consultative Committee

5.        Salary Packaging

8.        Award Holidays

11.      Grievance and Dispute Procedures

6.        Hours of Work

3.        Rates of Pay

13.      Workplace Change and Redundancy

1.        Statement of Intent

12.      Occupational Health and Safety

15.      Savings & Transitional Arrangements

16.      Area, Incidence and Duration

 

PART B

 

Annexure - 1

 

Tab1e 1 - Monetary Rates Per Week

Table 2 - Allowances

 

Annexure - 2

 

1.  Statement of Intent

 

1.1      It is the intention of the parties that both the "Goldenfields Water County Council Enterprise Award 2004" and the "Local Government (State) Award 2007", shall apply to all non-contract employees of Goldenfields Water County Council.

 

1.2      The Goldenfields Water County Council Enterprise Award 2004 ("this Award") shall prevail over the provisions of the Local Government (State) Award 2007 ("the State Award") to the extent of any inconsistencies.  Where this award is silent in respect to provisions contained in the State Award, the provisions of the State Award shall apply.

 

1.3      The agreed objectives of this Award are:

 

Co-operation between Council and Employees to achieve:

 

Management Plan objectives and strategies;

 

Improved productivity, including taking action to reduce water wastage and ensuring pump power usage efficiency;

 

Early fault detection and efficient repair methods;

 

Ensuring Customer Relations and Level of Service strategies are met by delivering high quality attention and action in service to customers;

 

Action to reduce operating and maintenance costs; and

 

Responsibility in environmental matters.

 

2.  Definitions

 

2.1      "Association" means - the Shires Association of New South Wales.

 

2.2      "Council" means - Goldenfields Water County Council. This definition shall be read subject to allocation of responsibilities as specified in the Local Government Act 1993.

 

2.3      "State Award" means - the New South Wales Local Government (State) Award 2007 as may be varied and/or replaced from time to time.

 

2.4      "Union" means - the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union; Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, Electrical Trades Union (N.S.W.) of Australia and Local Government Engineers Association.

 

3.  Rates of Pay

 

3.1      Council shall introduce a salary system to complement the skills-based structure and rates of pay of the State Award.

 

3.2      The actual weekly rates of pay applying to all non-contract employees of Goldenfields Water County Council are set out in Table 1, of Part B, of this award (i.e. the rates applicable under the Council’s salary system).

 

3.3      The actual weekly rates of pay applying to all non-contract employees of Goldenfields Water County Council set out in Table 1 of Part B of this award (i.e. the rates applicable under council’s salary system) shall be increased as follows:

 

on the first full pay period commencing on or after 1 October 2007, by 4%; and

 

on the first full pay period commencing on or after 1 November 2008, by 4%.

 

3.4      At the cessation of this Award on 31 October 2007, the parties agree that increases in weekly rates of pay under the State Award shall be automatically incorporated into Council’s Salary System and will have the same operative date as the State Award increases (such increases are not to be absorbed into Council’s salary system). It is acknowledged that these increases represent the minimum increases to be awarded at the enterprise level and that the Union(s) may seek to negotiate over Award payments once this award has expired.

 

3.5      Increases in rates of pay under the State Award and increases arising under State Wage Case decisions may be absorbed into enterprise increases granted since 29 May 1991 provided that the following increases shall not be absorbed:

 

(a)      placement or progression within the council’s salary system;

 

(b)      increases in hours of work: and

 

(c)      incorporation of penalty rates and shift or other allowances into the employee’s rate of pay.

 

3.6      The current weekly rate of pay of an employee for the purposes of the Workers Compensations Act 1987, shall be the rate paid to the employee under the salary system.

 

4.  Expenses and Allowances

 

4.1      Telephones

 

An employee who is required to have a telephone at their home for Council purposes shall be compensated as follows:

 

4.1.1   Reimbursed the annual rental fees and charges plus either:

 

an allowance of $5.00 per week for the cost of calls in connection with Council’s business, or

 

in the event of the actual cost of outgoing calls made in connection with Council’s business being, for any particular week, demonstrated to exceed $5.00, the actual cost of such calls;

 

Or alternatively, at the discretion of the Council:

 

4.1.2   Where required, a mobile telephone will be provided by Council with all associated business usage costs including rental, message bank, etc. being met by Council.  Private usage of the phone will be charged to the employee at the applicable Council plan rate.

 

4.2      Living Away from Home

 

4.2.1   Accommodation

 

An employee required to work at a distance from the employee’s usual residence, and who is required to remain at the location overnight shall be provided with accommodation of at least an NRMA rating of three stars in single accommodation, or if such standard of accommodation is not available, other accommodation as may be agreed to between Council and the affected employee/s, and a monetary compensation will be paid to the employee/s which will be the difference between the nearest three star accommodation and the actual accommodation provided.

 

4.2.2   Incidentals

 

In addition to 4.2.1 above, Council shall pay for breakfast, evening meals and all reasonable incidental expenses (as approved by the General Manager) incurred as a result of the requirements to live away from home. This shall include but not be limited to reasonable costs incurred for carer’s responsibilities such as:

 

Child Care - After school care

 

Relative's costs to provide assistance due to the spouse's absence.

 

5.  Salary Packaging

 

Employees may participate in a salary packaging scheme. A salary packaging arrangement will be cost neutral to Goldenfields Water.

 

Benefit options available under the Salary Packaging Scheme will be determined and reviewed from time to time by Golden Fields Water and can include 100% private vehicle use, motor vehicles, lap-top computers, superannuation as per Clause 11 of the Local Government (State) Award 2007.

 

6.  Hours of Work

 

6.1      General

 

6.1.1   Spread of Hours

 

Council and its employees agree that the following fundamental objectives shall be considered in determining how an employee's working hours are to be structured under this Award:

 

the most efficient means of delivery of services;

 

the most effective way of servicing the customer; and

 

the most effective way of meeting employees' needs for satisfying work, personal development, health and workplace safety.

 

Except as otherwise provided for in Clause 6.2, Shift Work, the ordinary hours for all employees shall be 38 hours per week, worked between 6:00a.m. and 6:00p.m., Monday to Friday.

 

6.1.2   Starting and Finishing Times

 

The starting and finishing times within the spread of hours provided by this clause shall be determined by Council in consultation with the employees concerned.

 

6.1.3   Ordinary Hours of Work

 

6.1.3.1           Unless otherwise agreed to by Council following application from an employee (with such agreement being, inter alia, dependent on any alternative arrangement having no adverse effect on Council’s operations) the ordinary hours of work for all employees shall be seventy six per fortnight, to be worked on nine weekdays in any two week cycle.

 

Management will, in conjunction with the employees concerned, arrange rosters which will ensure that both Council and employees are able to derive maximum benefit from rostered days off; and to ensure that conflicts between rostered days and public holidays do not occur.  It is, however, acknowledged that, in order to meet anticipated customer service commitments and minimum staffing levels, it may not always be possible to schedule all rostered days for all employees on Mondays or Fridays; and that there may be occasions when Council will seek to negotiate and implement mutually acceptable arrangements with individual employees for an alternative day off during a particular period.

 

6.1.3.2           Employees, either at Council’s request or on their own request and with the approval of Council, may defer up to two rostered days off per annum.  Such deferred days shall be added to and taken from the employee's annual leave.

 

Alternatively where, at Council’s request and with the concurrence of the employee concerned, an employee works on a rostered day off, such employee may elect to be paid for such day in lieu of its deferral.  Payment for any "rostered day off" worked in accordance with this subclause shall be made at the same rates as provided in this Award for working on an ordinary Saturday; without further entitlement following such payment.

 

6.1.3.3           Employees called out to perform duties either in their capacity as an on call officer or just as a call-out and require a ten hour break on the following day, and the following day is an RDO, then the employee/s shall have the right to defer their RDO to another mutually agreed time.

 

6.2      Water Treatment Plant Work

 

6.2.1   Jugiong Plant - Existing Employees

 

The following provisions shall apply, on a "Present Occupant Only" basis, to the two employees currently employed on a Shift Work basis at the Jugiong Water Treatment Plant.  In the event of either of the two positions becoming vacant, it is agreed that any new Shift and/or Weekend Work arrangements which may be required at that time may, if not covered by provisions elsewhere in this Award, be subject to alternative provisions to be negotiated at such time.

 

6.2.1.1 Shift Work

 

6.2.1.1.1        Shift workers are required to work a five plus four day, two shift system, spread over nine weekdays and, except as provided hereunder, generally in accordance with the provisions of Clause 6.1.

 

6.2.1.1.2        The ordinary working hours of such employees shall not exceed 76 hours in any 14 consecutive days.

 

6.2.1.1.3        A shift allowance of 15% of the ordinary daily rate of pay shall be paid to shift workers provided for in this subclause for work on any shift which starts or finishes outside the times of 7:00 am and 5:00 pm.

 

6.2.1.1.4        The method of working shifts may in any case be varied by agreement between the Council and the affected employee(s) to meet the circumstances of the establishment.  The times of commencing and finishing shifts may be varied by agreement between the Council and such employees to meet the circumstances of the establishment or, in the absence of agreement, by seven days’ notice of alteration given by the Council to the affected employee(s).

 

6.2.1.1.5        In agreement with their Supervisor, occasional exchanging of daily shifts between employees covered by this clause (to meet family commitments, for example) is allowed, provided there is no disruption to normal Plant operations.

 

6.2.1.1.6        The shift roster is to commence on a weekday for a seven day period, of which the ordinary weekdays will be worked on a shift work basis and weekend days (and any public holidays) shall be worked and paid for in accordance with subclause 6.2.1.2 hereunder.  Employees will continue to rotate duties between "operation" and "maintenance" each alternate week.

 

6.2.1.2 Weekend Work

 

6.2.1.2.1        An employee required to undertake pre-arranged duties at the Plant on Saturdays, Sundays and/or Award Holidays will be paid the amount set out in the Annexure to this Award for each day so worked, with such payment being inclusive of payment for the first four hours of overtime work performed during each rostered day.  These four hours shall be calculated on an hour-for-hour basis for all time worked in accordance with this subclause.

 

6.2.1.2.2        Normal overtime penalty rates will accrue after four hours of work performed on any such Saturday, Sunday or Award Holiday.

 

6.2.1.2.3        For each Award Holiday on which an employee is required to undertake pre-arranged overtime, the employee shall be granted one day additional annual leave.

 

6.2.1.3 Meal Times - Shift Workers

 

Shift workers shall be allowed, in each ordinary working shift, a meal crib time of twenty minutes, which shall be treated as part of the shift and paid for accordingly.

 

6.2.1.4 Overtime Meal Breaks - Shift Work

 

Meal breaks during periods of overtime and the payment of meal allowances shall apply to shift workers required to work overtime outside the hours of their ordinary rostered shift, except where, by an approved arrangement made between employees or at their request, excess time is incurred in changed shifts or in their ordinary rostered shifts.

 

6.2.2   Pre-Arranged And Emergent Work (All Plants)

 

The following provisions shall apply to employees other than those to whom Clause 6.2.1 above applies, whether usually engaged on a "shift work" or "normal hours" basis; whose place of residence (whether or not it is supplied by Council) is within 400 metres of a major Water Supply Headworks and/or Treatment Facility (i.e. Oura or Jugiong) and who are required to undertake pre-arranged overtime duties at such Facility.

 

6.2.2.1           An employee required to undertake pre-arranged duties at a Plant on Saturdays, Sundays and/or Award Holidays, together with incidental  duties outside working hours throughout the week, will be paid the amount set out in the Annexure to this Award for each week so worked, with such payment being inclusive of payment for the first four hours of overtime work performed during each week.  These four hours shall be calculated on an hour-for-hour basis for all time worked in accordance with this subclause.

 

6.2.2.2           Normal overtime penalty rates will accrue after four hours of work performed in any such week.

 

6.2.2.3           For each Award Holiday on which an employee is required to undertake pre-arranged overtime, the employee shall be granted one day additional annual leave.

 

6.2.2.4           The requirement of this Clause to undertake incidental emergent duties is not a requirement to be available for "on call" duties pursuant to Clause 7.2 of this Award; and the provisions of Clause 6.2.2 are specifically excluded from any application under this Clause.

 

6.2.2.5           In the event of Council requiring an employee to work concurrently under both the provisions of this Clause and the "on call" Clause (7.2), all time worked on, and conditions stipulated for, each set of duties shall stand separately and be paid separately and cumulatively.

 

7.  Overtime

 

7.1      General

 

7.1.1   It shall be a condition of employment that employees shall be available to work reasonable overtime to meet the needs of Council.

 

7.1.2   Except to the extent that, either under or prior to the making of this Award, a supplementary or annualised payment has been incorporated into the ordinary pay of individual employees, overtime shall be worked and paid for in accordance with the State Award.

 

7.2      On Call

 

7.2.1   An employee is "On Call" if Council requires the employee to be available, outside the employee’s usual ordinary hours, for emergency and/or breakdown work and associated responsibilities as detailed in Council’s Policies (and which formed an annexure to the former Goldenfields Water County Council Enterprise Award).  The On Call period will commence on a weekday for a seven day period.  No employee will be required to participate in an On Call roster for any more than seven weeks in any thirteen week period.

 

On Call work shall not include overtime which has been pre-arranged prior to the employee’s normal ceasing time.

 

7.2.2   An On Call employee must be able to be contacted and commence duty in response to a call out within fifteen minutes.

 

7.2.3   An employee required to be On Call will be paid the amount set out in the Annexure to this Award each rostered week, with such payment being inclusive of payment for the first four hours of call out work performed during each rostered period.  These four hours shall be calculated on an hour-for-hour basis inclusive of Saturday, Sunday and Award Holidays.

 

7.2.4   Normal overtime penalty rates will accrue after four hours of work performed during the On Call period.

 

7.2.5   For each Award Holiday on which an employee is On Call, the employee shall be granted one day additional annual leave.

 

7.2.6   When an On Call officer has performed duties, a minimum rest period of ten hours will be provided following the completion of actions and prior to the resumption of normal work.

 

7.3      Duty Officer

 

7.3.1   An employee is "Duty Officer" if Council requires the employee to be available, outside the employee’s usual ordinary hours, for the purpose of being the principal point of contact for water supply matters and associated responsibilities as detailed in Council’s Policies (and which formed an annexure to the former Goldenfields Water County Council Enterprise Award).  The duty period will commence on a weekday for a seven day period.  No employee will be required to participate in a duty roster for any more than seven weeks in any thirteen week period.

 

7.3.2   Duty Officer work shall not include overtime which has been pre-arranged prior to the employee’s normal ceasing time.

 

7.3.3   A Duty Officer must be able to be contacted at all times while on roster.

 

7.3.4   An employee required to perform the role of Duty Officer will, except to the extent that an annualised amount has been incorporated into the ordinary pay of an individual employee prior to the making of this Award (in which case such individual employee shall retain such arrangement on a "present occupant only" basis), be paid the amount set out in the Annexure to this Award each rostered week which is in lieu of:

 

any claim for payment for being available, during the rostered period, outside of the employee’s usual ordinary hours of work, and

 

any claim for payment for work performed, outside the employee’s usual ordinary hours of work, in their capacity of Duty Officer.

 

7.3.5   For each Award Holiday on which an employee is Duty Officer, the employee shall be granted one day additional annual leave.

 

7.3.6   Employees performing Duty Officer work shall be entitled to all other allowances prescribed by this Award, where applicable.

 

7.3.7   When a Duty Officer has performed substantial evening or overnight duties a minimum rest period of ten hours will be provided following the completion of said duties and prior to the resumption of normal work.

 

7.4      Duty Officer - "Second Call"

 

7.4.1   In order to assist in the provision of after hours responses at peak times, Council may require any employee to be available to assist the Rostered Duty Officer in the event of demand exceeding the Rostered Duty Officer’s capacity to deal with same.  An employee required to undertake such duties will be paid the amount set out in the Annexure to this Award each rostered week, with such payment being subject to all of the relevant provisions of Clause 7.3 above; with the exception of Clause 7.3.5.

 

7.4.2   The rostering of employees to undertake "second call" duties will be arranged by Council at the same time and in the same manner as applies to all other arrangements for rostering of "on call", "duty officer" and "rostered days off".

 

8.  Award Holidays

 

All Holidays prescribed under Clause 18 of the State Award shall apply to employees of Council.

 

It is, however, agreed that locally proclaimed holidays shall only apply to employees whose permanent place of work is within the area of such local proclamation.

 

9.  Leave

 

In addition to the Provisions of the State Award, the following supplementary Leave Provisions shall apply to employees of Council.

 

9.1      Sick Leave

 

9.1.1   Sick leave credits shall accrue annually from July 01, 1997 on the following basis:

 

Employees with less than ten years service with Goldenfields Water County Council since July 01, 1997 - fifteen days,

 

Employees with more than ten years service with Goldenfields Water County Council since July 01, 1997 - eighteen days,

 

9.1.2   An employee shall, wherever possible, notify their supervisor, within one hour of the employee’s usual starting time, of the employee’s inability to attend on account of illness or injury and advise the employer of the estimated duration of their absence.

 

9.1.3   Illness During Annual and Long Service Leave

 

If an employee becomes sick or is injured for a period of at least seven consecutive days whilst on annual or long service leave and produces at the time satisfactory medical evidence that the employee is unable to derive benefit from such leave, then the employee’s leave balances will be adjusted by:

 

Re-crediting the number of annual or long service leave days shown in the medical evidence, and

 

Debiting the employee’s sick leave balance by the corresponding number of days.

 

9.2      Long Service Leave

 

9.2.1   Rate of Accrual

 

Except as otherwise provided in this Clause, employees shall accrue and Council shall credit each employee long service leave on ordinary pay after each period of continuous service with Goldenfields Water County Council on the following basis:

 

On completion of five years service, 6.5 weeks

 

On completion of ten years service, a further 6.5 weeks

 

After completion of each of the eleventh to fifteenth years, 1.7 weeks per year

 

After completion of each of the sixteenth to twentieth years, 2.7 weeks per year

 

After completion of each subsequent year, 2.6 weeks per year

 

9.2.2   Termination of Service

 

Where an employee has completed more than five years service and is terminated for any cause, long service leave shall be deemed to have accrued for the employee’s total length of service and an amount equivalent to such long service leave, less such leave already taken, computed in monthly periods and equivalent to 1.3 weeks for each year of service up to ten years; and thereafter at the annual rates stipulated in Clause 9.2.1 above; shall be paid to such employee on termination.

 

9.2.3   Continuous Service shall be the period from the date of commencement to the date of termination of employment and shall include:

 

9.2.3.1           All approved paid leave

 

9.2.3.2           Subject also to subclauses 9.2.4, previous employment with Great Southern Energy, Northern Riverina County Council or Department of Public Works and Services which was terminated by compulsory transfer to Goldenfields Water County Council on or after July 01, 1997.

 

9.2.3.3           Employment as a part-time employee

 

9.2.3.4           Service with any other Government Department or Local Government Body shall be service for the purpose of long service leave accrual under this Award provided that:

 

the former employer pays to Council the monetary value of the long service leave which the employee has accrued at the time of transfer, and

 

the period between cessation of service with the former employer and appointment to the service of Goldenfields Water County Council does not exceed three months and such period is covered by accrued annual and long service leave standing to the credit of the employee at the time of the transfer, and

 

the employee concerned does not engage in work of any kind during the period of paid leave between the cessation of service with the former employer and appointment to the service of Goldenfields Water County Council.

 

9.2.3.5           Service in the armed forces, enlisted or conscripted, shall be service for the purpose of long service leave accrual provided that the employee was an employee of Council, its predecessors or a Local Government Council in New South Wales at the time of commencing the service.

 

9.2.4   For those employees whose continuous service, as defined at Clause 9.2.3, is comprised of a combination of service with Great Southern Energy, or Northern Riverina County Council, or the Department of Public Works and Services; and Goldenfields Water County Council, Council shall credit each employee long service leave on ordinary pay as follows:

 

9.2.4.1           For that period of service with Great Southern Energy, Northern Riverina County Council or the Department of Public Works and Services; at the amount of leave accrual prescribed within the relevant Award or Industrial Instrument governing the employee’s long service leave entitlements during that period of service, and

 

9.2.4.2           For that period of service with Goldenfields Water County Council; at the amount of leave prescribed at Clause 9.2.1 of this Award.

 

9.3      Jury Service Leave

 

An employee required to attend for jury service during a period of annual leave shall, on application and on production of satisfactory evidence, be credited with annual leave at a subsequent date, for the period during which the employee would have been on annual leave had the employee not been on jury service.

 

9.4      Bereavement Leave

 

In addition to the provisions of the State Award, an employee shall be entitled to leave with pay in respect of part of any unworked day upon notification of death.

 

9.5      Emergency Service Leave

 

9.5.1   Council recognises the valuable contribution which emergency service volunteers make to the community, whether they are working within Goldenfields’ Service Area or elsewhere.  Equally, employees recognise that Council’s operations may, at times, provide essential support in the management of a particular emergency; and that certain employees may not be able to be released from duty by Council without jeopardising Council’s ability to maintain such essential support.

 

9.5.2   Council will grant additional amounts of annual leave on full ordinary pay, of up to one week per annum, or such greater amount in any specific case as may be deemed to be warranted, to enable any registered volunteer attached to an Emergency Service Organisation which is recognised by the New South Wales Government to assist such Organisation in its participation in an actual emergency situation (whether or not such situation is actually subject to a disaster declaration by the relevant Government Authority) and, if necessary, to recuperate following such participation.

 

9.5.3   The granting of such leave shall be subject to the following:

 

The release of the employee from duty, either by the appropriate supervisor or, when such supervisor cannot be contacted, the rostered Duty Officer.

 

The subsequent submission of appropriate certification of participation in a particular emergency situation in response to a call out by the Organisation to which they belong; with such certification being issued by an Officer of the relevant Emergency Service Organisation who holds a rank superior to the released employee and is responsible for the activities of the employee in the provision of services by the Organisation.

 

10.  Consultative Committee

 

10.1    The size and composition of the Consultative Committee shall be representative of Council’s workforce and agreed to by Council and the local representatives from the unions listed in subclause 2.4.

 

10.2    Employees shall nominate employee representatives on the Consultative Committee.

 

11.  Grievance and Dispute Procedures

 

11.1    At any stage of the procedure, the employee(s) may be represented by their union or its local representative and the Council represented by the Shires’ Association.

 

11.2    The union delegate shall have reasonable opportunity to discuss disputes with management.

 

11.3    A grievance or dispute shall be dealt with as follows:

 

11.3.1 The employee(s) shall notify the supervisor of any grievance or dispute and the remedy sought, in writing.

 

11.3.2 A meeting shall be held between the employee(s) and the supervisor to discuss the grievance or dispute and the remedy sought within two working days of notification.

 

11.3.3 If the matter remains unresolved, the employee(s) may request the matter be referred to the head of the department or other authorised officer for discussion. A further meeting between all parties shall be held as soon as practicable.

 

11.3.4 If the matter remains unresolved the General Manager shall provide the employee(s) with a written response. The response shall include the reasons for not implementing any proposed remedy.

 

11.3.5 Where the matter remains unresolved, it may be referred to the employee's union or representative and by the General Manager or other authorised officer to the Association for further discussion between the parties.

 

11.4    The Industrial Registrar may be advised of the existence of a dispute at any stage of this procedure.

 

11.5    During this procedure and while the matter is in the course of negotiation, conciliation and/or arbitration, the work practices existing prior to the dispute shall as far as practicable proceed as normal.

 

12.  Occupational Health and Safety

 

12.1    All safety equipment and compulsory uniforms will be provided by Council free of charge and be replaced on the basis of fair wear and tear.

 

12.2    Council will provide all employees required to work outdoors in wet weather with suitable wet weather clothing.  Council further undertakes to provide gainful employment for staff at all times; and guarantees that no employee will be stood down as a result of inclement weather.

 

12.3    Council and Employees recognise the sparsity of development and settlement across much of Council’s area of operations, and the importance of maintaining appropriate levels of monitoring and/or communication as a key component of Council’s obligations in ensuring that its Occupational Health and Safety obligations are met.

 

Accordingly, it is agreed that the parties will continue to cooperate in maintaining and improving all available levels of contact and/or communication, particularly involving employees working in remote areas; and noted that such may include some forms of satellite, radio, mobile telephone and/or other electronic surveillance.

 

It is, however, further agreed that any surveillance or similar system will primarily be directed at maintaining employee safety and security whilst continuing to provide high levels of customer service; and that any relationship between any such system (should it be introduced) and any disciplinary procedures will, should it ever occur, only be incidental in nature.

 

Furthermore, Council accepts that the introduction of radical new technology to give effect to the above concepts will need to be managed appropriately, and undertakes to, in conjunction with the relevant unions, establish appropriate policies and procedures prior to such implementation.

 

13.  Workplace Change and Redundancy

 

In the event of an employee’s service being terminated due to redundancy, Severance Pay shall be calculated on the basis of the following:

 

Completed Years Of Service With Council	Entitlement
Less than one year	Nil
One year and less than two years	Five weeks pay
Two years and less than three years	Nine weeks pay
Three years and less than four years	Thirteen weeks pay

 

Completed Years Of Service With Council	Entitlement
Four years and less than five years	Sixteen weeks pay
Five years and less than six years	Nineteen weeks pay
Six years and less than seven years	Twenty two weeks pay
Seven years and less than eight years	Twenty five weeks pay
Eight years and less than nine years	Twenty eight weeks pay
Nine years and less than ten years	Thirty one weeks pay
Ten years and less than eighteen years	Thirty four weeks pay
Eighteen years and thereafter	Two weeks pay for each year of service,
	with no maximum

 

14.  Superannuation

 

Subject to the provisions of the Industrial Relations Act 1996, Council shall make superannuation contributions to any current employees nominated Superannuation Fund as at the commencement of this Award.  For any new employees clause 12 of the Local Government (State) Award 2007 shall apply.

 

15.  Savings and Transitional Arrangements

 

15.1    No Net Detriment or Reduction in Ordinary Rate of Pay

 

No employee shall suffer a net detriment as a result of implementation of this Award nor shall an employee suffer a reduction in their ordinary rate of pay as a result of any transfer to Council’s salary system.

 

15.2    Commuted Overtime

 

The practice of commuted overtime by way of a salary loading will continue for employees currently receiving this benefit for the duration of their employment with Council or until such practice is ceased by mutual agreement.

 

15.3    Salary System Implementation

 

In the event that, at the date of Approval of this Award, there remain any incomplete placements or movements in Council’s Salary System, such placements and/or movements shall be completed and retrospective payments made at the appropriate rates of pay back to the date on which such placement or movement is agreed to take effect.

 

16.  Area, Incidence and Duration

 

16.1    This Award shall apply to Goldenfields Water County Council (elsewhere referred to as "Council") and all employees except the General Manager.

 

16.2    This Award, together with the State Award, governs employment, wages and conditions of the employees and supersedes the provisions of any Award or Agreement that previously applied to any employees of Council.

 

16.3    In the event of any inconsistent terms or conditions existing between the State Award and this Award, this Award shall at all times prevail; however, in the absence of any particular terms or conditions in this Award, the provisions of the State Award shall apply.

 

16.4    The parties to this Award are The Shires Association of New South Wales; Goldenfields Water County Council; the New South Wales Local Government, Clerical, Administrative, Energy, Airlies & Utilities Union; the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; and the Electrical Trades Union (N.S.W.) of Australia; Local Government Engineers Association.

 

16.5    The parties agree to commence negotiations for a replacement Enterprise Award no later than six months prior to the nominal expiry date of this Award.

 

16.6    This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Goldenfields Water County Council Enterprise Award 2004 published 29 July 2005 (352 I.G. 955), as varied.  First increase provided by this Award has been administrative paid by Goldenfields Water from 1 November 2004.

 

16.7    The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 23 January 2009.

 

This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

ANNEXURE 1

 

Table. 1- Monetary Rates Per Week

 

Band	Rate per Week $
	First Pay	First Pay	First Pay	First Pay	First Pay
	Period after	Period after	Period after	Period after	Period after
	01	01	01	01 October	01
	November	November	November		November
	2004	2005	2006	2007	2008
	$	$	$	$	$
Operational Band, Level 1 (Note:
"T" stands for Trainee)
T1 at 15 years of age	270.00	279.50	287.80	305.00	317.20
T2 at 16 years of age or School	337.00	348.70	359.20	380.80	396.00
Certificate
T3 at 17 years of age	396.60	410.40	422.80	448.00	465.90
T4 at 18 years of age or over or	463.60	479.80	494.20	523.80	544.80
HSC
T5	530.70	549.30	565.80	599.80	623.80
T6	573.10	593.20	610.90	645.40	671.20
T7	601.30	622.30	641.00	675.60	702.60
T8	630.30	652.40	672.00	707.00	735.30
T9	659.30	682.40	702.90	738.40	767.90
T10	689.30	713.40	734.90	764.90	795.50
Operational Band, Level 2	544.00	564.10	583.20	615.30	639.90
Operational Band, Level 3	596.80	617.70	636.80	670.80	697.60
Operational Band, Level 4	666.70	690.00	710.70	746.30	776.20
Administrative/Technical/Trades	659.30	682.40	702.90	738.40	767.90
Band, Level 1
Administrative/Technical/Trades	756.10	782.50	806.00	838.20	871.70
Band, Level 2
Administrative/Technical/Trades	904.90	936.60	964.70	1003.30	1043.40
Band, Level 3
Professional/Specialist Band,	756.10	782.50	806.00	838.20	871.70
Level 1
Professional/Specialist Band,	904.90	936.60	964.70	1003.30	1043.40
Level 2
Professional/Specialist Band,	1053.70	1090.60	1123.40	1168.30	1215.00
Level 3
Professional/Specialist Band,	1277.40	1322.10	1361.80	1416.30	1473.00
Level 4
Executive Band, Level 1	1202.70	1244.80	1282.20	1333.50	1386.80
Executive Band, Level 2	1500.70	1553.20	1599.90
Executive Band, Level 3	1872.90	1938.40	1996.60
Executive Band, Level 4	2245.00	2323.60	2393.30

 

Table 2 - Allowances

 

Band	Rate
	First Pay		First Pay	First Pay	First Pay	First Pay
	Period after		Period after	Period after	Period after	Period after
	01		01	01	01	01
	November		November	November	October	November
	2004		2005	2006	2007	2008
Part 1 - Allowances Specifically Provided for in this Award
Weekend Work (Existing	171.50		177.50	182.80	190.10	197.70
Employees - Jugiong
Treatment Plant)
(Clause 6.2.1.2.1)
Pre-Arranged & Emergent	171.50		177.50	182.80	190.10	197.70
Work (Water Treatment
Plants)
(Clause 6.2.2)
On Call (Clause 7.2)	266.10		275.40	283.70	295.00	306.80
Duty Officer (Clause 7.3)	425.70		440.60	453.80	472.00	490.90
Duty Officer - "Second
Call" (Clause 7.4)	33.30		34.50	35.50	36.90	38.40
The following is provided for information only It is current at the date of approval of this award but will
vary in the event of any state award increases in such allowances
Part 2 - Allowances Pursuant to State Award with relevance to Employees of this Council (All other
Allowances under State Award do, however, apply if appropriate, unless supplanted by the above
allowances specific to this Award)
Disability Allowance - per		0.28	0.29	0.29	0.30	0.31
hour
State Award Clause
13(i)(a)
Tool Allowance (per		22.10	22.10	22.10	24.20	24.70
week)						(from 8
						July
						2008)
State Award Clause 13
(v)(a)
Meal Allowance (per		8.10	8.40	8.70	9.00	9.40
meal)
State Award Clause 13 (xii)
Community Language		15.10	15.60	16.10	16.60	17.10
Allowance (per week)
State Award Clause 13(xi)(a)
First Aid Allowance (per		10.10	10.50	10.80	11.10	11.50
week) - (if not paid for in
accordance with Salary
System) State Award
Clause 13 (xi)(b)

 

ANNEXURE 2

 

Pay Increases On Approval Of 2004 Award

 

(Note: Council’s Salary System as referred to hereunder is current at the time of Approval of this Award, but does not form part of this Award; and may be varied or modified at any future time, subject to such variation or modification being in accordance with the provisions of this Award, the State Award, and/or other applicable Law.)

 

Band	Level	Council	Weekly Rate	GWCC Award	GWCC Award	GWCC Award
		Salary	(From State	Weekly Rate	Weekly Rate	Weekly Rate
		System	Award effective	(From Nov	(From Nov	(From Nov
		Grade	Nov 2003)	2004)	2005)	2006)
			$	$	$	$
1	T1	T1	258.40	270.00	279.50	287.80
	T2	T2	322.40	337.00	348.70	359.20
	T3	T3	379.40	396.60	410.40	422.80
	T4	T4	443.60	463.60	479.80	494.20
	T5	T5	507.80	530.70	549.30	565.80
	T6	T6	548.30	573.10	593.20	610.90
	T7	T7	575.30	601.30	622.30	641.00
	T8	T8	603.10	630.30	652.40	672.00
	T9	T9	630.80	659.30	682.40	702.90
	T10	T10	659.50	689.30	713.40	734.90
1	2	S1	519.30	544.00	564.10	583.20
		S2	535.90	560.70	580.80	599.90
		S3	553.00	578.00	598.20	617.30
1	3	S4	571.00	596.80	617.70	636.80
		S5	590.40	617.10	638.70	657.90
		S6	610.50	638.10	660.40	680.20
1	4	S8	637.90	666.70	690.00	710.70
2	1	S7	630.80	659.30	682.40	702.90
		S9	652.90	682.40	706.30	727.50
		S10	675.70	706.20	730.90	752.80
		S11	699.30	730.90	756.60	779.30
2	2	S12	723.40	756.10	782.50	806.00
		S13	749.80	783.70	811.10	835.50
		S14	777.20	812.30	840.80	866.00
		S15	805.60	842.00	871.40	897.60
		S16	835.00	872.70	903.30	930.40
2	3	S17	865.80	904.90	936.60	964.70
		S18	899.60	940.30	973.10	1002.30
		S19	934.70	977.00	1011.10	1041.50
		S20	971.10	1014.90	1050.40	1082.00
3	1	S12	723.40	756.10	782.50	806.00
		S13	749.80	783.70	811.10	835.50
		S14	777.20	812.30	840.80	866.00
		S15	805.60	842.00	871.40	897.60
		S16	835.00	872.70	903.30	930.40
3	2	S17	865.80	904.90	936.60	964.70
		S18	899.60	940.30	973.10	1002.30
		S19	934.70	977.00	1011.10	1041.50
		S20	971.10	1014.90	1050.40	1082.00
3	3	S21	1008.20	1053.70	1090.60	1123.40
		S22	1042.00	1089.10	1127.20	1161.00
3	3	S23	1077.00	1125.70	1165.10	1200.10
		S24	1113.00	1163.30	1204.00	1240.10
		S25	1150.70	1202.70	1244.80	1282.20
		S26	1185.90	1239.50	1282.90	1321.40
3	4	S27	1222.10	1277.40	1322.10	1361.80
		S28	1264.90	1322.10	1368.30	1409.30
		S29	1309.20	1368.40	1416.30	1458.90
		S30	1355.00	1416.20	1465.80	1509.80
		S31	1402.40	1465.80	1517.00	1562.60
		S32	1451.50	1517.10	1570.20	1617.30
		S33	1502.30	1570.20	1625.20	1673.90
4	1	S25	1150.70	1202.70	1244.80	1282.20
		S26	1185.90	1239.50	1282.90	1321.40
		S27	1222.10	1277.40	1322.10	1361.80
		S28	1264.90	1322.10	1368.30	1409.30
		S29	1309.20	1368.40	1416.30	1458.90
		S30	1355.00	1416.20	1465.80	1509.80
		S31	1402.40	1465.80	1517.00	1562.60
		S32	1451.50	1517.10	1570.20	1617.30
4	2		1435.80	1500.70	1553.20	1599.90
4	3		1791.90	1872.90	1938.40	1996.60
4	4		2147.90	2245.00	2323.60	2393.30

 

Allowances	Disability
	(per hour)	0.27	0.28	0.29	0.29
	Tool (per	21.50	22.10	22.10	22.10
	week)
	Weekend
	(per week)	164.90	171.50	177.50	182.80
	Meal	7.80	8.10	8.40	8.70
	On Call	255.85	266.10	275.40	283.70
	Duty	409.35	425.70	440.60	453.80
	Duty - 2nd
	Call	32.00	33.30	34.50	35.50

 

 

 

 

D. S. McKENNA, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.