(731)

SERIAL C7457

South Sydney City Council Salaried Officers Award 2010

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

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

(No. IRC 1668 of 2008)

Before Mr Deputy President Grayson

7 April 2010

REVIEWED AWARD

1. Arrangement

PART A

Clause No. Subject Matter

1. Arrangement

2. Area Incidence and Duration

3. Statement of Intent

4. Anti-Discrimination

5. Grievance and Dispute Settlement Procedure

6. Classification Structure

7. Rates of Pay

8. Salary Sacrifice

9. Payment of Wages

10. Terms of Employment

11. Hours of Work (including shift work)

12. Part-time Employment

13. Casual Employment

14. Consultative Committee

15. Higher Grade

16. Penalty Rates

17. Overtime

18. Leave Entitlements

A. Annual Leave

B. Bereavement Leave

C. Personal Carer’s Leave

D. Long Service Leave

E. Parental Leave

F. Sick Leave

G. Other Leave

19. Public Holidays

20. Union Picnic Day

21. Calculation of Service

22. Uniforms, Clothing and Safety

23. Workplace Efficiency

24. Exemption from Industrial Action

25. Tool Allowance

26. Travelling Expenses

27. Meal Breaks

28. Payment to Dependants of a Deceased Employee

29. Delegates Rights and Duties

30. Termination of Employment

31. Workplace Change and Redundancy

32. Definitions

PART B -

MONETARY RATES

Table 1 - Rates of Pay

Table 2 - Tool Allowance

Table 3 - Performance Incentive Bonus

PART C

AWARD COVERAGE

TABLE 1 - Categories of Employees

Schedule A - Transitional Arrangements, Savings & Adjustments

2. Area, Incidence and Duration

(i) This award will be binding on:

(a) The Council of the City of Sydney;

(b) the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union;

(d) the Development and Environmental Professionals’ Association of New South Wales and

(e) all employees of the Council of the City of Sydney except those employed under the following awards:

The City of Sydney Wages / Salary Award 2010, as amended

South Sydney City Council Wages Staff Award 2010, as amended and

the Local Government (State) Award 2007, as amended.

(ii) This Award Shall be Known as the South Sydney City Council Salaried Officers Award 2010.

(iii) This Award shall cover positions and grades referred to in Part C - Table 1 of this Award and to any other subsequent positions created under this Award.

(iv) This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the South Sydney City Council Salaried Officers Award 2010 published 16 May 2003 (339 I.G. 484), as varied.

(v) 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 10 April 2010.

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

3. Statement of Intent

The parties to the Award are committed to:

(i) co-operating positively to increase the efficiency and achieve greater flexibility to workplace practices.

(ii) improving skill levels and removing impediments to multi-skilling and broadening the range of tasks that the employee may be required to perform.

(iii) eliminating discrimination.

4. Anti-Discrimination

(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

(4) Nothing in this clause is to be taken to affect:

(a) any conduct or act which is specifically exempted from anti-discrimination legislation;

(b) offering or providing junior rates of pay to persons under 21 years of age;

(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

NOTES -

(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:

“Nothing in this Act affects … any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”

5. Grievance and Dispute Settlement Procedure

(i) In the event of a grievance or dispute the following procedure shall apply;

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

(b) A meeting will then be held between the employee(s) and the supervisor at the earliest possible time to attempt to resolve the grievance or dispute.

(c) The grievance or dispute must initially be dealt with as close to the source as possible. If unresolved, the grievance or dispute may be referred to the next level of supervision for consideration.

(d) If the matter remains unresolved, the employee(s) may request that it be referred to their divisional Director. A further meeting between the parties shall take place as soon as possible.

(e) If the matter remains unresolved, the Director shall provide the employee(s) with a written response detailing the reasons for not implementing any proposed remedy.

(f) If the matter remains unresolved it may be referred to the employee's union representative and/or the Chief Executive Officer with the view to further discussion about the problem.

(ii) During this procedure:

(a) Reasonable time limits must be allowed for completion of the various stages of discussion.

(b) A union delegate or another employee may assist the employee(s) pursuing the grievance or dispute.

(iii) The parties to this award shall observe the Grievance and Dispute Settlement Procedure as set out in this clause where the emphasis shall be placed on achieving a negotiated settlement.

(iv) However, if the negotiated process is exhausted without the grievance or dispute being resolved, the parties may jointly or individually refer the matter to the Industrial Relations Commission of New South Wales for assistance.

6. Classification Structure

Categories of employees who may be employed under this Award are set out in Table 1 of Part C.

(i) Progression Grades 1 to 13

(a) The classification structure has as its foundation a consistent and rigorous process of determining relativities of positions. This process takes into account all the features of work performed by salaried employees at Council, including the nature of all conditions under which it is performed and any hazards that may inevitably be experienced.

(b) Movements through each of the Levels shall be based on the acquisition and application of additional skills over a prescribed period, which shall be a minimum of 12 months for any one Level. The minimum period is established to ensure that the skills acquired can be applied to the full range of conditions that may apply to the position and to an appropriate level of performance.

(c) Job Evaluation Policy - The consistent analysis and evaluation of each position within the grading structure shall be undertaken in compliance with the Job Evaluation Policy, as adopted by Council from time to time.

(ii) Leadership Criteria and Performance Incentive Bonus Scheme Grades 14-18

(a) Leadership Criteria is available to provide employees with the opportunity to receive recognition for meeting or exceeding these criteria. Employees shall complete the 12 months review cycle with Council prior to being eligible for the bonus payments.

(b) The rates of pay for Leadership Criteria are set out in Table 1 of Part B of this Award.

(c) Employees who have reached the Leadership Criteria pay rate will be eligible to participate for Performance Incentive Bonus Payments as follows:

1. New Employees - for employees commencing employment after 14 August 2002:

(i) Stage 1 : Performance bonus of up to 2.5% is available after a 12 month assessment process following successful completion of the leadership criteria. The process will start on 1 July 2003 with an assessment to take place between July and August 2004. The bonus of up to 2.5%, where achieved will be paid by 30 September 2004.

(ii) Stage 2: Performance bonus of up to 5% is available after a 12 month assessment process. This will begin on 1 July 2004 and subject to the completion of the stage 1 performance assessment process. The assessment will take place between July and August 2005. The bonus of up to 5%, where achieved will be paid by 30 September 2005.

2. Existing Employees - for employees commencing employment before 14 August 2002:

(i) Stage 1: Performance bonus of up to 5% is available after a 12 month assessment process following successful completion of the leadership criteria. The process will start on 1 July 2003 with an assessment to take place between July and August 2004. The bonus of up to 5%, where achieved will be paid by 30 September 2004.

(d) Bonus payments, where referred to in this clause are one off payments and do not form a permanent part of the base salary of the employee.

(e) The amounts of bonus payments for each stage are set out in Table 3 of Part B of this Award.

(f) Within 12 months of the making of this award the parties will negotiate to finalise the model for the performance incentive bonus scheme and an appropriate training agenda, for commencement of the process on 1 July 2003.

7. Rates of Pay

(i) The rates of pay are set out in Table 1 of Part B of this Award.

(ii) The rates of pay detailed at 'Entry' at each of the steps within each of the Grades include all skill based and disability allowances and other payments for accreditation which applied prior to the making of this Award and take into account the range of conditions under which all work is performed.

(iii)

(a) Salary steps are provided within grades 5 to 13 to encourage the development of positions within these grades.

(b) The relationship between the entry rates of pay and the subsequent steps is detailed as follows:

Grades 5 to 8	Entry to Step 1:	3.5%
	Step 1 to Step 2:	3.5%
	Step 2 to Step 3:	3.0%

Grades 9 to 13	Entry to Step 1:	2.5%
	Step 1 to Step 2:	2.5%
	Step 2 to Step 3:	2.5%

Grades 14 to 18	Appointment to
	Leadership Pay Rate:	2.5%

(iv) The rate of pay for positions at Grade 14 and above shall be inclusive of the overtime required to effectively undertake the range of duties required of the position.

8. Salary Sacrifice

An employee may agree to sacrifice a portion of pre-tax ordinary pay in accordance with Council’s Salary Sacrifice Policy.

9. Payment of Wages

(i)

(a) The Council will pay the weekly wage due to each employee directly into an account bearing the employee’s name at a mutually agreed financial institution (referred to as the nominated account) subject to the following;

(1) The Council reserves the right to limit the definition and number of financial institutions that can be nominated; and

(2) Employees must supply full details of the nominated account to the Council prior to commencing their employment.

(b) Time off during normal working hours will not be required by employees, or authorised by Council, for the purpose of obtaining cash or otherwise attending to the accounts at the nominated financial institutions.

(ii) An employee may authorise the Council to deduct payments on behalf of the employee, provided the employee has given written notification authorising the deduction(s).

10. Terms of Employment

(i) To be eligible for a permanent appointment a person must pass a full medical examination by Council’s Medical Officer.

(ii) An employee, who does not report for duty on any day for any reasons shall, as soon as practicable after normal starting time on that day, give notice to the Council or its authorised representative as to the reason for and prospective duration of the absence.

(iii)

(a) Where an employee is absent from duty for reasons which remove an entitlement to payment under this Award, the Council may deduct from the wage of the employee, payment for all time not worked.

(b) The Council shall not make any deduction from wages for time lost owing to wet weather, provided that the employee;

(1) shall continue working until such time as the supervisor orders work to cease,

(2) shall stand by as directed by the supervisor, and

(3) shall recommence duty as directed.

(iv) Where an employee is absent from duty without permission for a continuous period of one ordinary working week, and the employee fails within such period to furnish an explanation in writing for the absence satisfactory to the Council, the employee’s employment shall be deemed to have abandoned their employment.

(v)

(a) The Council may direct an employee to carry out such duties as are within the limits of an employee's skill, competence and training, provided that such duties are not designed to promote deskilling.

(b) An employee shall carry out such duties as directed, including duties of a higher grade position.

(c) Where an employee is directed to perform work for a lower grade, the employee shall not suffer any reduction in rate of pay as a result of this arrangement.

11. Hours of Work

(i) Spread of Hours - General

(a) Except as otherwise provided in paragraph (b), the ordinary working hours for employees shall be 36.25 per week, worked between 6.00am and 8.00pm, Monday to Friday inclusive, except for unpaid meal breaks.

(b) The ordinary working hours for employees engaged in the library function shall be 36.25 per week, worked between 6.00am and 8.00pm, Saturday to Friday, except for unpaid meal breaks.

(c) Where the job description requires an employee to supervise 38 hour per week worker(s), the employee shall also be required to work a 38 hour week.

(d) The ordinary hours of work shall not exceed 12 hours on any one day.

(e) Except in cases of emergency (to be determined by Council), the Council shall not alter the starting or finishing time of any employee without first giving 7 days notice of the change.

(ii) Arrangement of Hours

(a) In respect of 36.25 hours per week employees, the ordinary hours of work may be arranged so as not to exceed 72.5 hours within 2 weeks or 145 hours within 4 weeks.

(b) In respect of 38 hours per week employees, the ordinary hours of work may be arranged so as not to exceed 76 hours within 2 weeks or 152 hours within 4 weeks.

(iii) Spread of Hours - Shiftworkers

(a) The ordinary hours of a shiftworker shall be worked, in shifts as rostered, between Saturday and Friday inclusive, as follows;

(1) Cleansing Foreman on night shift shall work 32 hours per week. For the 32 hours per week prescribed by this paragraph a shift penalty of 11.5% shall apply, except for a shift worked on a public holiday.

This penalty is in lieu of the 30% night shift prescription, in accordance with the 32 hours per week arrangement (Clause 16 - Penalty Rates) carried over from the former Sydney City Council (as a result of boundary changes and or amalgamations prior to 8 May 2003).

(2) Employees engaged in the Community Resources function and Children’s Services shall work 36.25 hours per week, between 6.00am and 10.30pm.

(3) Ordinance Inspector and Parking Enforcement Officers shall work 38 hours per week, between 6.00am to 8.00pm.

(4) All other shiftworkers shall work 36.25 hours per week between 6.00am and 8.00pm.

(iv) Shiftwork - General

(a) A shiftworker shall not be required to work;

(1) in broken shifts, or

(2) more than 11 shifts in 14 consecutive days without payment of overtime.

(b) All shift work shall be rostered and the starting and ceasing time of ordinary hours working hours shall be shown in this roster.

(c) There shall be an interval of at least 8 hours between termination of any shift and commencement of the next succeeding shift.

(d) Changes in Hours Arrangements by Agreement - A different arrangement or spread of hours to those set out in subclauses (i), (ii), (iii) and (iv) may be agreed upon by the Council and the employee(s) concerned. Any such agreement will be genuine with not compulsion to agree. At any stage of the negotiations, either the employee(s) or Council may seek assistance from the appropriate Union, Association or Council’s Joint Consultative Committee.

(v) Transfer of Employees to Shift Work

(a) In order to meet the needs of the industry, the Council may introduce shift work or transfer a day worker to shift work, provided;

(1) agreement is reached with the Union concerned, or

(2) in the absence of agreement, the dispute is referred to the appropriate Conciliation Commissioner. In this case a day worker shall not be transferred to shift work until the dispute has been resolved.

(b) The provisions of paragraph (a) of this subclause shall not apply to;

(1) shift work already in operation as at the date of making the Award, or

(2) Council’s right to transfer a day worker to shift work to perform the duties of a shift worker temporarily absent from duty.

(vi) Redistribution of Daily Working Hours - The Chief Executive Officer and the Secretary of the Union concerned may enter into an agreement for the adoption of a scheme for working a nine day fortnight or nineteen day month. Time worked during these periods shall be treated as the ordinary hours of duty for the employee(s) concerned.

12. Part-Time Employment

(i) A part time employee shall mean an employee who is employed to work regular days and regular hours, either of which are less than the number of days or hours worked by weekly employees employed by the Council, but such days shall not be less than 1 day per week and such hours shall not be less than 4 hours per week and shall be worked in accordance with Clause 11, Hours of Work of this Award.

(ii) Prior to commencing part-time work, Council and the employee shall agree upon the conditions under which the work is to be performed including:

(a) The hours to be worked by the employee, the days upon which they shall be worked and the commencing times for the work; and

(b) The nature of the work to be performed; and

(iii) The conditions may also stipulate the period of part-time employment

(iv) The conditions may be varied by consent

(v) The conditions or any variation to them must be in writing and retained by Council. The Council must provide the employee with a copy of these conditions.

(vi) A part-time employee may work more than their regular number of hours at their ordinary hourly rate by agreement.

(vii) Part-time employees shall receive all conditions prescribed by the Award on a pro-rata basis of the regular hours worked.

(viii) Where a public holiday falls on a day where a part-time employee would have regularly worked the employee shall be paid for the hours normally worked on that day.

13. Casual Employment

(i) A casual employee shall mean an employee engaged on a day to day basis.

(ii) A casual employee shall be paid an hourly rate for ordinary hours worked in accordance with Clause 11, Hours of Work.

(iii) Overtime shall be paid where a casual employee works outside the ordinary hours for that position.

(iv) Loading - In addition to the amounts prescribed by subclause (ii) of this Clause, a twenty five percent loading, calculated on the ordinary hourly rate, shall be paid. This loading shall be paid in lieu of all leave and public holidays prescribed by the Award.

14. Consultative Committee

(i) The Joint Consultative Committee comprising of employee and management representatives, will continue to provide a forum for consultations between the Council and its employees on matters effecting efficiency and productivity, award restructuring and career opportunities for employees.

(ii) All members of the Joint Consultative Committee should undergo appropriate training to ensure effective participation in the Joint Consultative Committee.

15. Higher Grade

(i) Temporary Appointments - An employee, required to perform the normal duties of a position which is at a higher grade within the salary system, shall be paid the entry level for that grade, provided;

(a) the payment in the higher grade position shall be a minimum increase of 2.5%, provided any payment does not exceed the rate set for step 3 of the grade of the temporary appointment

(b) the payment shall be made for the time actually spent relieving in the higher position, and

(c) where an employee acts higher grade for a period of 4.5 hours, the higher grade will be paid for the full day subject to a formal direction from a director in advance of the employee acting in the higher grade.

(ii) Promotions - Permanent appointments/ promotions to a position at a higher level within the salary system shall be made at the entry level of the grade, provided:

(a) the minimum salary adjustment shall be an increase of 2.5%;

(b) the calculation of any increase provided for in paragraph (a) does not place the employee's new pay rate in excess of step 3 of the grade of the new position.

(iii) An employee who is appointed to a higher position shall be paid the rate of the higher classification from and inclusive of the date of appointment.

(iv)

(a) Where a vacant position has been filled by a higher grade appointment for a period of three months, the Council shall take the necessary steps to make a permanent appointment to the position.

(b) This provision shall not apply to a position vacated on approved leave.

(v) On-the-job-training - The provision of this clause shall not apply to an employee who performs the whole or part of the duties of a higher grade position for the purpose of gaining experience or training, provided that the appointed occupant remains on duty and retains the responsibilities of the position during this time.

(vi) Where an employee does not assume the entire duties of a higher grade the employee may be paid a proportionate rate.

16. Penalty Rates

(i) Except as otherwise provided, all employees are entitled to the following penalty rates:-

(a) Rotating shifts, Monday to Friday inclusive:-

(1) Morning Shifts - For all ordinary time worked which commences after 4.00am and before 5.30am - ordinary rates plus 15%.

(2) Afternoon Shifts - For all ordinary time worked which finishes after 8.00pm and at or before midnight - ordinary rates plus 15%.

(3) Night Shifts - For all ordinary time worked which finishes after midnight and at or before 8.00am - ordinary rates plus 15%.

(4) Day Shifts - For all ordinary time worked other than in (1), (2) and (3) above - ordinary rates.

(b) Permanent Shifts, Monday to Friday inclusive:-

(1) Morning Shifts (as defined in subclause (a) (1)) - ordinary rates plus 15%.

(2) Afternoon Shifts (as defined in subclause (a) (2)) - ordinary rates plus 15%.

(3) Night Shifts (as defined in subclause (a) (3)) - ordinary rates plus 30%.

(1) Saturday Shifts - For all ordinary time worked, the major portion of which falls between midnight Friday and midnight Saturday - ordinary rates plus 50%.

(2) Sunday Shifts - For all ordinary time worked, the major portion of which falls between midnight Saturday and midnight Sunday - ordinary rates plus 100%.

(3) Public Holiday Shifts - For all ordinary time worked, the major of which falls on a public holiday - ordinary rates plus 150%.

(d) Prescribed 32 Hour Week Workers:-

(1) Permanent night shift (as defined in subclause (a) (3)), Monday to Friday - ordinary rates plus 11.5%.

(2) Saturday Shifts (as defined in subclause (c) (1)) - ordinary rates plus 25%.

(3) Sunday Shifts (as defined in subclause (c) (2)) - ordinary rates plus 75%.

(4) Public Holiday Shifts (as defined in subclause (c) (3)) - ordinary rates plus 150%.

(ii)

(a) Transfer of Employee to Shift Work - Except as provided for in paragraph (b) of this subclause, a day worker required by the Council to transfer to shift work shall be paid for all morning, afternoon and night shifts worked in the first week after transfer, as follows;

(1) if transferred to a 38 or 36.25 hour week roster - ordinary rates plus 50%.

(2) if transferred to a 32 hours week roster - ordinary rates plus 25%.

(b) A day worker engaged upon day work, who requests and obtains a transfer to shift work, or as a result of having applied for and obtained a position involving shift work, shall not be entitled to the additional payments prescribed by this subclause.

(iii) Notice for Change in Roster - Where the employer changes the roster of a rostered shift worker, other than a shift worker rostered for relief work, without having first given the employee 48 hours clear notice of the change, the employee concerned shall be paid for the first shift worked on the altered roster at the rate of ordinary time plus 100%.

(iv) The provisions of this Clause shall not apply to a Caretaker in receipt of free quarters.

17. Overtime

(i) The Council may require an employee to work reasonable overtime.

(ii) All time worked by direction before the commencement of ordinary hours, or later than the completion of ordinary hours, shall be paid at the rate of time and a half for the first two hours and double time thereafter.

(iii) Saturday - Overtime worked on Saturday shall be paid for at the rate of time and a half for the first two hours and double time thereafter, provided any overtime worked after 12 noon on Saturday shall be paid for at the rate of double time.

(iv) Sunday - Overtime worked on Sunday shall be paid for at the rate of double time.

(v) Public Holidays

(a) Overtime worked on a Public Holiday as prescribed by this award shall be paid for at the rate of double time during those hours which would be ordinary hours of work.

(b) Any portion of overtime worked on a Public Holiday outside the employee's ordinary working hours of work will be paid for at the rate of triple time.

(c) The payments prescribed in (a) and (b) of this subclause will be in addition to the employee's normal pay for the holiday, where such an entitlement arises under the award.

(vi) Overtime worked on any day, whether in broken periods or otherwise, shall be regarded as continuous.

(vii) Where the major portion of a period of overtime worked extends into a Sunday or Public Holiday, the whole of the overtime shall be deemed to have been worked on the Sunday or Public Holiday, as the case may be.

(viii) Where overtime commences or terminates at an hour where the usual means of transport are not available, the Council shall provide, or pay for, suitable transport direct to the employee's home.

(ix) Minimum Payment - an employee who has ceased work and returned home shall, if required to resume and cease work before the employees normal starting time, receive a minimum payment equivalent to four (4) hours work at the appropriate overtime rates. The provisions of this Clause shall not apply to the following;

(a) To a Caretaker residing on premises at the place of employment.

(b) Where an employee ceases work without permission or at the request of the employee, before normal ceasing time for such work.

(x) Ten Hour Break

(a) Overtime required to be worked by Council shall be arranged so that the employee has at least a ten consecutive hour break between the completion of work on one day and the commencement of work on the next.

(b) Where overtime is not arranged as set out in paragraph (a) of this subclause, the employee upon completion of such overtime, shall be granted ten (10) consecutive hours off duty without loss of pay for ordinary working time. If an employee is instructed to resume work without having had ten consecutive hours off duty, the employee shall be paid at double ordinary rates until such time as the ten hour break is granted.

(xi) Exemption from Overtime - The provisions of this clause shall not apply to employees whose salary is set at a rate equivalent to the entry level of Grade 14 and above.

(xii) Time Off in Lieu of Overtime - Where there is prior agreement between the Council and the employee, an employee directed to work in excess of ordinary hours may elect either to be paid the appropriate overtime rate or be granted time off in lieu equivalent to the actual hours worked. This paragraph shall not apply to employees who are on call or called back to work. Such time must be taken within three (3) calendar months of accrual otherwise overtime rates will be applied.

(xiii) Shiftworkers

(a) Non continuous overtime - a shift worker called back to work overtime shall be paid at the rate of double time.

(b) Public Holidays

(i) Overtime worked by a shiftworker on a Public Holiday shall be paid at the rate of double time and one half.

(ii) Any time worked by a shift worker on a Public Holiday that falls between the employees ordinary rostered working hours shall not be regarded as overtime and shall be paid for at the appropriate penalty rates.

18. Leave Entitlements

A. ANNUAL

(i) Annual Leave shall accrue to full-time employees at the rate of 20 days per annum and part time employees at the rate of one and two thirds days per month on a pro-rata basis.

(ii) If any special or public holiday for which an employee is entitled to payment occurs during the period of their annual leave, the leave period will be extended to account for such paid holidays.

(iii) If both parties agree, the leave may be taken in any combination of separate periods, provided the leave is due and taken in whole days.

(iv) If both parties agree, annual leave may be taken wholly or partly in advance.

(v) If employed for a full year, a part time employee shall be entitled to annual leave calculated on a proportionate basis.

(vi) Rostering - Council may roster the taking of annual leave and, unless otherwise agreed between both parties, the date fixed for this purpose will be within a period of twelve months after the annual leave became due.

(vii)

(a) Notice by Council - The Council shall give employees at least one month’s notice of the date upon which they are to proceed on annual leave. In the case where annual leave is rostered, notice of at least two months will be given.

(b) Notice by Employee - The employee is required to give 2 weeks notice of the intention to take leave.

(viii)

(a) Employees are entitled to receive their ordinary pay for the holiday period in full prior to proceeding on annual leave.

(b) Higher Grade - Where an employee performs duties of a higher grade for a continuous period of at least three calendar months immediately proceeding the taking of annual leave, and the employee has not ceased to do such work for an aggregate period of more than five working days, the employee shall be paid for the annual holiday at the rate applicable to the higher classification.

(c) Loading - In addition to the payment prescribed in paragraphs (a) and (b) of this subclause, an employee shall be paid a loading equivalent to 17.5% of four weeks ordinary wage in respect of each four weeks annual leave accruing. However, in the case of an employee engaged on rostered shift work for a period of twelve months prior to the taking of annual leave, the employee shall continue to be paid the penalty rates relevant to the existing or projected roster, or the loading prescribed by this paragraph, whichever is the greater.

(ix) On resignation or termination of employment, the Council shall pay to the employee, or the duly authorised legal representative of the employee, all annual leave due to the employee. This shall include payment for any annual leave due to the employee on a proportionate basis. The amount payable shall be calculated at the employee’s ordinary rate of pay applicable at the date of termination.

B. BEREAVEMENT LEAVE

(i) Where an employee, other than a casual employee, is absent from duty because of the death of a person in accordance with paragraphs (a) to (e) below and provides satisfactory evidence to council of such, the employee shall be granted two days leave with pay upon application. Persons in respect of whom bereavement leave may be claimed shall include;

(a) a spouse of the employee; or

(b) a de-facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

(c) a child or an adult child (including an adopted child, step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(e) a relative of the employee who is a member of the same household where for the purposes of this paragraph:

‘relative’ means a person related by blood, marriage or affinity;

‘affinity’ means a relationship that one spouse because of marriage has to blood relatives of the other; and

‘household’ means family group living in the same domestic dwelling.

(ii) Bereavement leave shall be taken within a reasonable period as soon as practicable from the date of the death of the individual.

(iii) Employees will be entitled to an additional three days bereavement leave following the death of a parent (including foster and step-parent), spouse (including de-facto partner and same sex partner) or child (including step, foster child).

(iv) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

(iv) Bereavement Entitlements for Casual Employees

a. Subject to providing satisfactory evidence to Council, casual employees are entitled to not be available to attend work, or to leave work upon the death of a person prescribed in sub-clause 23.1 paragraphs (a) to (e) above.

b. Council and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

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

C. PERSONAL CARER’S LEAVE

(i) Personal Carer’s leave is available to:

(a) provide care and/or support for sick members of the employee’s family or household when they are ill or require care due to an unexpected emergency; or

(b) provide for the flexible use of other entitlements.

The personal carer’s leave described in this section C is available to full time and part time staff - but not casual staff.

(ii) The entitlement to use leave in accordance with this section C is subject to the employee being responsible for the care and support of the Person Concerned.

For the purposes of this section C and section C(A), a ‘Person Concerned’ refers to a person who needs the employee’s care and support and is:

(a) a spouse of the employee; or

(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(e) a relative of the employee who is a member of the same household where for the purposes of this paragraph:

’relative’ means a person related by blood, marriage or affinity

‘affinity’ means a relationship that one spouse because of marriage has to blood relatives of the other: and

‘household’ means family group living in the same domestic dwelling.

(iii) An employee, other than a casual or other employee that receives a loading in lieu of sick leave, with responsibilities in relation to a person who needs their care and support shall be entitled to use the untaken sick leave, from that year’s annual sick leave entitlement, to provide care and support for such persons when they are ill or require care due to an unexpected emergency.

(iv) Sick leave accumulates from year to year. In addition to the current year’s grant of sick leave available under (ii) above, sick leave untaken from the previous year may also be accessed by an employee with responsibilities in relation to a person who needs their care and support.

(v) The Council may, in special circumstances, make a grant of additional sick leave. This grant can only be taken from sick leave untaken prior to the period referred in (iv) above.

(vi) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person or establish by production of documentation the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

(vii) The employee shall, wherever practicable, give the Council notice prior to their absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the Council by telephone of such absence at the first opportunity on the day of absence.

(viii) In normal circumstances, the employee must not take leave under this section C where another person has taken leave to care for the same person.

(ix) An employee may elect, with the consent of the Council, to take:

(a) annual leave, including annual leave not exceeding ten days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties;

(b) an employee may elect with the Council’s agreement to take annual leave at any time within a period of 24 months from the date at which it falls due;

(d) leave without pay for the purpose of providing care and support to the person concerned as defined in (ii)

(x) Personal carers entitlements for casual staff:

(a) Subject to the evidentiary and notice requirements in (vi) to (ix), casual employees are entitled to not be available to attend work, or to leave work if they need to care for a Person Concerned (as defined in (ii)) who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

(b) The Council and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (ie two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

(c) The Council must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this part. The rights of the Council to engage or not to engage a casual employee are otherwise not affected.

FLEXIBLE WORK PRACTICE ALTERNATIVE TO PERSONAL CARER’S LEAVE

(i) Time off in Lieu of Payment of Overtime:

(a) An employee may elect, with the consent of the Council, to take time off in lieu of payment of overtime at a time or times agreed with the Council within 12 months of the said election.

(b) Overtime taken as time off during ordinary time shall be taken at the ordinary time rate, that is, one hour off for each hour of overtime worked.

(c) If, having elected to take time as leave in accordance with (i)(a) above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12 month period from the date the overtime was worked, or earlier by agreement, or on termination.

(a) Where no election is made in accordance with (i)(a) the employee shall be paid overtime rates in accordance with the relevant industrial instrument.

(ii) Use of make-up time:

(a) An employee may elect, with the consent of the Council, to work "make up time". "Make-up time" is worked when the employee takes time off during ordinary hours for family or community service responsibilities, and works those hours at another time, during the spread of ordinary hours provided in the relevant industrial instrument, at the ordinary rate of pay.

(b) An employee on shift work may elect, with the consent of the Council, to work "make-up time" (under which the employee takes time off during ordinary hours and works those hours at another time) at the shift work rate which would have been applicable to the hours taken off.

D. LONG SERVICE LEAVE

(i)

(a)

(1) An employee shall be entitled to long service leave at their ordinary rate of pay as follows:

Length of Service	Entitlement
	Prior to 22/8/83	Since 22/8/83
After 5 years of service	NA	6.5 weeks
After 10 years of service	13 weeks	13 weeks
After 15 years of service	19.5 weeks	21.5 weeks
After 20 Years Service	30.5 weeks	35 weeks
For every completed period of 5 years service	11 weeks	13 weeks
thereafter

(2) Long service leave shall accrue in accordance with the above table and proportionately for each completed month of service.

(b) Where an employee has completed more than 5 years service with the Council and is terminated for any cause, the employee or the authorised or legal representative of the employee, shall be paid the monetary equivalent of all long service leave accrued but not taken by the employee at the date of termination. The entitlements shall be calculated in accordance with the table set out in part (a) of subclause (i) of this Clause.

(ii) Notice

(a) The Council must give the employee at least one month’s notice of the granting of long service leave.

(b) The employee is required to give 2 weeks notice of the intention to take long service leave.

(iii) If both parties agree, accrued long service leave may be taken in separate periods of not less than one week.

(iv) Employees are entitled to receive their ordinary pay for the period of long service leave prior to taking leave.

(v) The period of long service leave will be extended by any public holidays or award holidays that may fall during the period of long service leave.

(vi)

(a) For the purpose of calculating long service leave entitlements in accordance with subclause (i)(a) of this clause all prior continuous service with any other Council within New South Wales shall be deemed to be service with Council.

(b) Continuity of service shall be deemed not to be broken by transfer or change of employment from another Council provided the period between cessation of service and the date of employment with South Sydney City Council does not exceed three months.

(vii) Where an employee is employed in accordance with the provisions of this Award and transfers to another Council and the employee elects to transfer accrued long service leave entitlements, Council will pay to the newly employing Council the monetary equivalent of all long service leave accrued by the employee at the time of transfer. However, an employee who at the time of transfer has completed at least five years continuous service may elect to be paid the monetary equivalent of the entitlement.

E PARENTAL LEAVE

(i) Parental Leave will be interpreted consistent with the provisions of Part 4, Parental Leave of the Industrial Relations Act 1996 as amended and the (NSW) Family Provisions Case 2005.

(ii) Parental Leave includes maternity leave, paternity or partner leave or adoption leave.

(iii) An employee is only entitled to parental leave if the employee has had at least 12 months continuous service.

(iv) Parents cannot take parental leave at the same time except periods of short paternity or partner leave or periods of short adoption leave.

(v) Entitlement

(a) an employee is entitled to a total of 52 weeks parental leave in connection with the birth or adoption of a child; and

(b) parental leave is not to extend beyond 1 year after the child was born or adopted.

(vi) Paternity or Partner Leave

(a) Paternity or partner leave is leave taken by an employee in connection with the birth of a child of the employee or the employee’s spouse (being a child born as a result of the pregnancy of that spouse).

(b) Paternity Leave consists of up to 2 weeks leave on full pay or 4 weeks on half pay at the time of birth of the child or termination of pregnancy (short leave in accordance with Clause E (iv); and

(c) a further unbroken period including 4 weeks on full pay or 8 weeks on half pay in order to be the primary care-giver of the child

(d) Paternity or partner leave is subject to the employee providing a certificate from a qualified medical practitioner confirming the employee’s spouse or partner is pregnant and the expected date of birth. In addition, in the case of paternity or partner leave taken in accordance with (c) above, the employee must, before the start of leave, provide a statutory declaration by the employee stating:

(i) If applicable, the period of any maternity leave sought or taken by the employee’s spouse or partner, and

(ii) That the employee is seeking that period of extended paternity or partner leave to become the primary care-giver of their child

(vii) Maternity Leave

(a) An employee who has completed 12 months continuous service and who produces a medical certificate from a legally qualified medical practitioner stating that she is pregnant and specifying the expected date of delivery shall be entitled to:

18 weeks full pay; or

36 weeks half pay from the date maternity leave commences;

(b) The employee will provide at least 10 weeks written notice of the intention to take leave

(viii) Adoption Leave

(a) Adoption Leave is leave taken by a male or female employee in connection with the adoption by an employee, or a partner of an employee, of a child under the age of 18 years. Adoption leave consists of:

an unbroken period of up to 3 weeks unpaid leave at the time of the placement of the child with the employee; and a further unbroken period in order to be the primary care-giver of the child

An employee, entitled to adoption leave, who adopts a child under the age of 5 years shall be entitled to:

18 weeks full pay; or

36 weeks half pay

(b) Adoption leave is subject to the employee providing:

a statement from an adoption agency or another appropriate body of the expected date of placement of the child with the employee for adoption purposes and

a statutory declaration by the employee stating, where applicable, the period of any adoption leave sought or taken by the employee’s spouse or partner, and that the employee is seeking that period of extended adoption leave to become the primary care-giver of their child

(ix) Notice of Intention to Take Parental Leave

(a) The employee should give at least 10 weeks’ written notice of their intention to take leave.

(b) In the case of maternity leave and paternity leave the employee must give 4 weeks’ written notice of the dates on which the leave will commence and end.

(c) In the case of adoption leave the employee must give written notice of the dates on which the employee proposes to start and end the period of leave as soon as practicable but at least 14 days before proceeding on leave.

(x) Right to Request

(a) An employee entitled to parental leave may request the Council to allow the employee to:

(i) extend the period of simultaneous parental leave use up to a maximum of eight weeks;

(ii) extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

(iii) return from a period of parental leave on a part-time basis until the child reaches school age;

to assist the employee in reconciling work and parental responsibilities.

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

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

(xi) Communication during parental leave

(a) Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Council will take reasonable steps to:

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

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

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

(c) The employee shall also notify the Council of changes of address or other contact details which might affect the employer's capacity to comply with paragraph (a) above.

F. SICK LEAVE

(i) Definition - Sick Leave - Sick Leave is paid leave of absence (payable at the ordinary rate) which is granted to an employee when the employee is unable to perform his/her duties on account of illness or injury.

(ii) Entitlements

(a) Upon appointment - 15 days

(b) Upon completion of each 12 months of service subsequent to appointment - 15 days.

(d) Part-time employees shall have pro-rata entitlement to sick leave calculated upon the number of hours worked per year.

(iii) Notification of absence

(a) An employee unable to attend work through illness or injury shall contact their supervisor or designated person as soon as practicable.

(b) Where possible the employee shall advise their supervisor of the anticipated length of their absence from work.

(iv) Provision of Medical Certificates

(a) When an employee is absent from work owing to illness or injury for a period in excess of two consecutive working days (inclusive of weekends) the employee must provide a certificate from a qualified medical practitioner, confirming that the employee was unfit to attend work for the period claimed as sick leave. This certificate must be dated within 3 days from and inclusive of the first day of absence.

(b) When an employee has three (3) absences (including carer’s leave absences) not supported by a medical certificate in a year, the employee is required to furnish a medical certificate for all future absences for the balance of that service year.

(c) When an absence of sick leave is likely to extend for a period longer than 5 days, the employee shall provide a medical certificate to their supervisor which shows the anticipated date of return.

(d) When the absence extends beyond the date shown on the initial certificate issued, the employee shall submit a new certificate which shows the anticipated date of return and will continue to provide such certificates until the employee returns to work.

(e) Requests for payment of sick leave shall be submitted on the appropriate form supplied by the Council.

(v) Direction to attend a Medical Examination

Council may direct an employee to attend a medical practitioner nominated by the Council:

(a) when it appears unlikely that the employee will resume their employment; or

(b) when the absence is likely to be for a period which will exhaust the employees entitlements to be paid sick leave; or

(c) the employee is ill so frequently as to raise the question of fitness to carry out the duties of their substantive position.

(d) when an explanation for illness contained in a medical certificate is vague or insufficient.

(vi) Sick Leave Without Pay

(a) Where an employee has exhausted all accrued sick leave entitlements and the employee is unable to attend for duty owing to illness or injury, the period of absence shall be regarded as sick leave without pay.

(b) An employee’s entitlement to sick leave without pay will be 60 days.

(i) the maximum period or periods of sick leave without pay does not exceed a total of 60 days.

(vii) Public holidays occurring during a period of absence due to sick leave, shall not be counted as sick leave.

(viii) Higher Grade - Where an employee performs duties of a higher grade for a continuous period of at least three (3) calendar months immediately proceeding the taking of sick leave, and the employee has not ceased to do such work for an aggregated period of more than five (5) working days, the employee shall be paid for the sick leave at the rate applicable to the higher classification for a maximum of 20 days for any one absence.

(ix) Illness when on Annual/Long Service Leave - If an employee becomes sick or is injured whilst on annual leave or long service leave, the employee may elect to have the period of illness treated as sick leave and at a time convenient to the Council take additional holiday leave equivalent to the period of illness, provided:-

(a) the period of illness or injury is at least 7 days

(b) the illness or injury is supported by medical evidence satisfactory to the Council confirming that the employee was housebound.

(x) Refund of Sick Pay - Where an employee obtains a verdict for damages or an amount of money in settlement of a claim for damages against a third party in respect of an injury or illness for which the employee has received sick pay in accordance with the provisions of this Clause, the employee shall refund to the Council any such sick pay paid by the Council insofar as the verdict or settlement includes an amount in respect of such sick pay.

(xi) Council’s liability under this clause in respect of one continuous absence of sick leave is limited to 315 days for staff employed as at 11 February 1980 and 260 days for those employees commencing employment on and after the 12 February 1980.

G. OTHER LEAVE

(i) Jury Leave

Full time or part time employees required to attend jury service will be paid an amount equal to the difference between what you are paid for jury service and what an employee would have been paid if they had worked their rostered hours.

19. Public Holidays

(i) New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day and any other days proclaimed as public holidays by the New South Wales State Government will be holidays under this Award.

(ii) In addition to the days provided for in subclause (i), employees who are Aboriginal and Torres Strait Islanders shall be entitled to one day during NAIDOC week so that they can participate in National Aboriginal and Islander Day celebrations.

(iii) Where a holiday occurs on a day on which an employee is rostered off while employed on a rotating roster system, the employee shall be paid an ordinary day’s pay for that day. This payment shall be in addition to an ordinary week’s pay, provided that the additional amount paid for the public holiday does not exceed eight hours pay.

(iv) Where an employee is required to perform higher grade duties for the full day proceeding or following a public holiday, the employee shall be paid for the holiday at the higher grade rate.

(v) An employee who is absent without pay on the working days immediately before and following a public holiday shall not be entitled to payment for the holiday.

20. Union Picnic Day

(i)

(a) Union Picnic Day shall for the purposes of this Award be regarded as a holiday for employees who are financial members of the union(s). The Union Picnic Day shall be held on a day that is agreed to by the Council and the Union(s).

(b) The union(s) shall advise the Council of financial members as at the time of the Union Picnic Day. Such advice must be given at least two weeks prior to the Union Picnic Day.

(ii) Where an employee, who is not a financial member of the union(s), is required to work on Union Picnic Day, the employee shall be paid ordinary pay for the normal working day.

(iii) Employees who are not financial members of the Union(s) and who are not required by Council to work on Union Picnic Day may apply to the Council to take annual leave, time off in lieu of overtime, leave without pay, such other leave as may be approved by Council, or may be required by Council to make up overtime.

21. Calculation of Service

(i) For the purpose of this award, the following periods shall be taken into account in calculating service with the Council;

(a) any leave of absence with pay approved by Council,

(b) any leave of absence without pay approved by Council General Manager but not exceeding one ordinary working week,

(d) previous periods of service which were not terminated by resignation or dismissal, and

(e) any period of service with the Australian Military Forces provided that the employee enlisted or was called up direct from the service of the South Sydney City Council and the employee subsequently returned to Council’s service.

(ii) Sick Leave without Pay - where sick leave has been approved by Council, the period of leave shall count as service, provided;

(a) the maximum period or periods of leave without pay to count as service does not exceed a total of 60 days,

(b) any periods of sick leave without pay approved to count as service shall be aggregated so that the maximum available throughout the employee’s employment with Council shall be limited to a total amount of 60 days, and

(c) where the incapacity is due to war caused disabilities accepted by the Department of Veteran’s Affairs, the employee shall be entitled to have counted as service one additional week for each year of the employee’s service.

22. Uniforms, Clothing and Safety

(i) Where the Council provides an employee with a uniform or safety/protective clothing, including safety footwear;

(a) The Council shall pay for the cost of clothing.

(b) The employee shall wear and use such clothing (including footwear) as directed.

(c) Lost or damaged clothing due to an employee’s misuse or negligence shall be replaced or paid for by the employee to whom the clothing was issued.

(ii)

(a) All employees will comply with safety regulations and wear all safety equipment and clothing at all times.

(b)

(1) An employee who fails or refuses to wear safety clothing (including footwear) will not be permitted to commence work and will be sent home to collect the clothing. The employee shall receive no pay for the absence.

(2) An employee who continues to breach the provisions of this clause will be subject to disciplinary action.

23. Workplace Efficiency

(i) The union(s) and employees concerned will cooperate in relation to the introduction of mechanisation or technological changes in the Council, depending on prior consultation. This is to enable advantage to be taken of new or improved technology so as to achieve efficiency gains, both monetary and otherwise, by enabling the most suitable plant and equipment to be used, and to facilitate the introduction of mechanisation or technological changes.

(ii) Where the Council does not have specialised equipment or plant, or where purchase of such equipment could not be financially justified, or where work involves expertise beyond Council’s staff, or in special circumstances, contractors may be used to perform work concerned.

(iii) The Council may reintroduce time clocks and/or attendance books for all personnel with no loss of privilege to current individual staff exempted at present.

(iv) The Council may rearrange lunch breaks to increase effective working time and reduce disruption to the workforce.

(v) To achieve increases in effective working time, existing practices shall be altered so that;

(a) Morning/afternoon tea breaks are to be taken where the employee is working; and

(b) The maximum period of 10 minutes changing, showering and washing time, allowed as a concession to those employees whose normal duties necessitate that they have a shower or a wash before departing, shall not be exceeded.

(vi) To shorten the waiting time for stores and materials, to obtain more effective use of working time and to facilitate faster completion of jobs, employees concerned will cooperate with management in the early planning of stores acquisitions and related matters.

(vii) Trades staff are to cooperate with management in improving, where feasible, the orderly and economical scheduling of work to be done by the various trades concerned in jobs where more than one trade is involved.

(viii) Employees will co-operate in the introduction of future improvements in working practices and procedures and improved and more efficient working methods where reasonable and will cooperate in reducing costs where practicable.

24. Exemption from Industrial Action

The unions agree that the following permanent exemptions shall apply in relation to all industrial action:

(i) Council may engage contractors to provide security services in relation to the Administrative Offices and Council Chambers complex, if Council deems it necessary for public safety and/or the protection of property;

(ii) Emergency Services Officers are exempt from all industrial action;

(iii) community services, including meals-on-wheels and other services to aged persons, the food cooperative service, the tenants’ support service, shall be exempt from all industrial action;

(iv) watering and care of all horticultural material, including nursery stock, seedlings, specialised turf sporting areas and complexes shall be exempt;

(v) at the Administrative Offices and Council Chambers, the following shall be exempt from all industrial action;

(a) the staffing of the Administrative Offices’ vehicular entrances;

(b) the staffing of the Administrative Offices’ pedestrian entrances;

(d) the work of the roving patrols of the Administrative Offices and Council Chambers;

(e) the Mayor’s Officer;

(f) Council’s Pest Controller and their plant and equipment;

(g) watching services required by law at Council’s depots shall be exempt from all industrial action.

25. Tool Allowance

(i) Where Council requires a tradesperson such as a working Foreman and Team Leader to use tools as part of the performance of their duties the employee shall be paid a tool allowance.

(ii)

(a) The rate per week for tool allowances is set out in Table 2 of Part B of the Award.

(b) The allowance paid shall be deemed to apply in respect to the full range of tools ordinarily used in the performance of the employee’s trades, occupation and duties.

(iii) The Council shall;

(a) Provide a suitable and secure weather proof lock-up for the purpose of storing employees’ tools on the job.

(b) Insure and keep insured against loss or damage by fire or theft while on Council’s premises, such tools of employees as are necessary and used during the course of their employment.

(iv) The employee shall, if requested to do so, provide the Council with a list of tools used.

(v) The Council shall provide tools, other than those expected to be provided by a Tradesperson and for which the allowance is paid. Any argument about this matter is to be dealt with in accordance with the dispute procedure of the Award or referred to the Joint Consultative Committee for consideration.

26. Travelling Expenses

(i) An employee may apply for a monetary advance to cover those costs which can be determined prior to the required travel.

(ii) Upon presentation of receipts or other accepted documentation, the employee may claim for reimbursement of all reasonable expenses incurred (less any advance paid) in connection with the employee’s duties as directed.

(iii) Travel arrangements, including accommodation, shall be arranged mutually between the employee and the appropriately authorised Council employee.

27. Meal Breaks

(i) Unpaid Breaks - An unpaid break of a minimum of 30 minutes shall be given and taken within the first 5 hours of continuous work.

(ii) Payment when meal break not able to be taken -

(a) Overtime - An employee required to work overtime for 2 hours or more immediately after the agreed finishing time shall be granted a meal break not exceeding 20 minutes. Where an employee is required to work a further 4 hours following the first two hours of overtime a break of 20 minutes shall be taken each subsequent 4 hours worked.

(b) Shiftwork - An employee working shiftwork shall be granted a paid break of 30 minutes in each shift.

(iii) All meal breaks shall be taken at the direction of the Council.

(iv) Meal breaks shall not be regarded as an interruption to overtime.

(v)

(a) Except in cases of extreme emergency, an employee shall not be required to work continuously for more than 5 hours without a meal break.

(b) Where this is required, an employee shall be paid at the rate of double ordinary rates for all ordinary time worked after the expiry of the 5-hour period. This payment will continue until the meal break is granted or until normal finishing time, whichever is earlier.

(c) Extension of Meal Break - Where there is prior agreement between the Council and the employee(s), the taking of meal breaks may be extended beyond 5 hours without the payment of overtime. Agreements reached in relation to the extension of meal breaks must be genuine.

28. Payment to Dependants of a Deceased Employee

Where the service of an employee is terminated by death and the employee has an entitlement to payment for annual and/or long service leave, then the amount to which the employee would have been entitled shall be paid by the Council to the estate of the deceased employee.

29. Delegates Rights and Duties

(i) The parties agree that the following procedures shall be followed to ensure that issues taken up by delegates on behalf of union members do not interfere or disrupt workplace operations or efficiency.

(ii) Notification of Delegates - The union shall notify the Council in writing the name(s) of delegate(s) elected to represent their union within 48 hours of their election.

(iii) Conducting Union Business

(a) Before attending union business or meetings arranged with Council management, delegates shall notify their supervisor prior to leaving and immediately upon their return to the workplace. Delegate(s) shall also advise their supervisor of the estimated time they will be absent from the workplace.

(b) Failure to follow the provision set out in (a) above may result in the delegate concerned not being paid for the period of absence away from the workplace.

(c) Supervisors will not unreasonably withhold permission for a delegate to carry out union business on behalf of the members they represent.

(d) Delegates will also observe these procedures and recognise the need to balance their absence from the job on union business with the requirement for acceptable work performance.

(iv) It is the duty of union delegates in performing their functions to follow all requirements lawfully imposed by the Council.

(v) Annual Conference - Council will allow delegates, who are elected to attend the union’s annual conference, paid leave of absence for the duration of the conference, provided that where there is more than one accredited delegate per union, such leave with pay shall be at the discretion of the Chief Executive Officer.

30. Termination of Employment

The Council will apply the Industrial Relations Act, 1996 if it terminates the employment of an employee.

(i) In circumstances which might lead to the Council terminating an employee’s employment, the Council will apply the provisions of Part 6 of the Industrial Relations Act, 1996. It will also apply the matters set out in this clause.

(ii) The Industrial Relations Act, 1996 sets out the employee’s rights if their employment is terminated by the Council. The Council is committed to applying the Act. However, the Act does not become part of this Award. Therefore an employee’s rights are not frozen if the Act changes.

(iii) Instead of giving the employee notice set out in this clause, the Council can pay the employee for the notice period or can reduce the notice period and pay the employee for that reduction. If the Council chooses to pay the employee instead of allowing her/him to work for the full notice period, it will calculate the amount it pays the employee at their ordinary rate of pay for the ordinary hours he/she worked during the period of notice.

(iv) If the employee decides to leave the Council’s employment, then they must give to the Council two weeks notice. If the employee does not give the Council the correct amount of notice the Council can deduct from any money it owes to the employee the amount they would have earned if they had worked their ordinary hours for the period of notice they have given.

(v) The employment of a full time or part time employee may be terminated by the giving of notice or the forfeiture by the employee of payment in lieu of notice. This shall not affect the right of the Council to dismiss an employee without notice in the case of an employee guilty of serious misconduct, that is, misconduct of such a nature that it would be unreasonable to require the Council to continue the employment of the employee concerned during the required period of notice.

(vi) The Council shall give to an employee a period of notice of termination in accordance with the following table.

Employee's Period of Continuous Service	Period of Notice
Less than 2 years	2 weeks
2 years and less than 3 years	3 weeks
3 years and less than 5 years	3 weeks
5 years and beyond	4 weeks

(vii) For the purpose of this Clause "serious misconduct" includes:

(a) wilful, or deliberate, behaviour by an employee that is inconsistent with the continuation of the contract of employment; and

(b) conduct that causes imminent, and serious, risk to:

(i) the health, or safety of a person; or

(ii) the reputation of the Council

(viii) For the purposes of subsection (vii) of this Clause, conduct that is serious misconduct includes:

(a) the employee, in the course of the employee’s employment, engaging in:

(i) theft; or

(ii) fraud; or

(iii) assault; or

(b) the employee being intoxicated at work; or

(c) the employee refusing to carry out a lawful and reasonable instruction that is consistent with the employee’s contract of employment; or

(d) the employee is guilty of a breach of the Council’s Code of Conduct and/or disciplinary code as may be varied by the Council from time to time.

(ix) If an employee is unhappy about how the Council applies this clause to an employee, he or she can use the dispute settlement procedure set out in Clause 5 - Grievance and Disputes Settlement Procedure.

(x) If the Council has given notice, it will give the employee up to one day off without loss of pay so that he or she can look for other employment. The employee can take time off when it is convenient for he or she and the Council, after the employee has consulted with the Council.

(xi) In any case where it has been established to the satisfaction of the Chief Executive Officer, or a duly authorised representative, that an employee has been guilty of serious misconduct or breach of discipline, the Chief Executive Officer may do the following instead of terminating the employee’s employment:

(a) suspend the employee for a period not exceeding one ordinary working week; and/or

(b) defer payment of a wage increment and/or

(xii) An employee with more than two months service on leaving or being discharged shall, upon request, be given a certificate of service in writing. Such certificate of service shall contain information as to the length and nature of the employment of the employee.

(xiii) Council shall, provide an employee whose employment has been terminated, an "Employment Separation Certificate" in the form required by the relevant government department or agency.

31. Workplace Change and Redundancy

(i) Council's Duty to Notify

(a) Where the Council has made a definite decision to introduce major workplace changes, such as restructuring or technology, that is likely to have a significant effect on its employees, Council shall notify the employees who may be affected and the union to which they belong.

(b) A 'significant effect' could include:

Termination of employment,

Major changes to the composition, operation, skill requirements or size of Council's workforce,

The elimination or diminution of job opportunities, promotion or job tenure

The alteration of hours of work,

The need for retraining or transfer of employees to other work or locations, and

The restructuring of jobs

(ii) Council's Duty to Discuss Change

(a) In addition to providing notification, Council will discuss the introduction of major workforce changes with affected staff and their union representatives, including the likely impact the changes may have on employees, and measures that may be implemented to avert or mitigate any adverse affects.

(b) Council shall commence discussions and provide all relevant information about the proposed changes as early as possible.

(iii) Discussion before Termination

(a) Where Council has made a definite decision that it no longer wishes the job being performed by an employee to be done by that individual or any other employee and, as a consequence of this decision, the individual's employment may be terminated, discussions will be held with that employee and their union representatives.

(b) The Council will also provide all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of staff likely to be affected and the number of employees normally employed by the Council, as well as the period over which the terminations are likely to be carried out.

(iv) Notice to Government Agencies

In the event of termination(s), the Council will provide the relevant government agencies, such as Centrelink, with information regarding the redundancies as soon as possible. The information will include the number and categories of employees likely to be affected and the period over which the terminations will be carried out.

(v) Notice to Employee

(a) Council will provide five weeks notice to terminate, or payment in lieu of such notice, except in circumstances where a redundancy has arisen due to the introduction of new technology.

(b) Where an employee is to be terminated because of the introduction of new technology, the employee shall be entitled to three months notice of termination or payment in lieu of such notice.

(c) Notice or payment of notice under this subclause shall count as service for the purposes of calculating leave entitlements.

(vi) During a period of notice of termination given by Council, an employee shall be allowed up to one day off without loss of pay during each week of notice for the purpose of seeking other employment. Where required by Council the employee shall provide proof of attendance at an interview.

(vii) Redundancy Entitlements

(a) In addition to any required period of notice as provided in subclause (v) of this Clause, an employee shall be entitled to the following;

Year of Service	Payment
0-1 year	2 weeks
1-2 years	6 weeks
2-3 years	10 weeks
3-4 years	14 weeks
4-5 years	16 weeks
5-6 years	18 weeks
6 years and beyond	20 weeks + 2 weeks for each additional year of service up to a maximum of 34 weeks

(b) In addition, an employee shall be entitled to any other benefits determined by Council policy, to apply in relation to redundancy arrangements.

(viii) Council shall, upon receipt of a request from an employee to show employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification or the type of work performed by the employee.

(ix) Council shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by the relevant Government department or agency.

(x) Wherever practical and reasonable, voluntary redundancy remains Council's preferred option for managing staff who, firstly have been identified as surplus to needs as a result of workplace change and secondly, wish to leave Council.

(xi) Redeployment

(a) Wherever practical and reasonable, redeployment remains Council’s preferred option for management of surplus staff.

(b) Salary Maintenance - Where an employee has been identified for redeployment and is transferred in accordance with Council’s policy, salary maintenance to the level of the employee’s substantive position will be provided for a period limited to 12 months from the date of redeployment. Thereafter the employee will receive the rate applicable to their redeployed position. Future award increases will be absorbed until parity to the new redeployed rate is achieved.

32. Definitions

(i) Afternoon Shift means ordinary daily working hours that finish after 8.00pm and at or before midnight, Monday to Friday inclusive, except a public holiday.

(ii) Child means a child of the employee or the employee’s spouse under the age of one year.

(iii) Clerical Positions means those positions whose duties are administrative and clerical in nature and have been classified within the Clerical Scale.

(iv) Dismissal means termination of the services of an employee.

(v) Employee means a person appointed to a classification prescribed by this Award.

(vi) Employer means the Council of the City of Sydney and includes the Chief Executive Officer or any person authorised to act on the Council’s behalf.

(vii) Holiday Shift means the ordinary daily working hours of a shift worker, the major portion of which fall on a public holiday.

(viii) Hourly Rates shall be calculated by dividing the appropriate weekly wages by the ordinary weekly hours.

(ix) Maternity Leave is leave taken by a female employee in connection with the pregnancy or the birth of a child of the employee. Maternity leave consists of an unbroken period of leave.

(x) Morning Shift means ordinary daily working hours that commence after 4am and before 5.30am, Monday to Friday inclusive, except a public holiday.

(xi) Night Shift means ordinary daily working hours that finish subsequent to midnight and at or before 8.00am, Monday to Friday inclusive, except a public holiday.

(xii) Ordinary Rate means the weekly rate of wages prescribed for a classification in this Award.

(xiii) Paternity or Partner Leave is leave taken by a male employee or same sex partner in connection with the birth of a child of the employee or the employee’s spouse.

(xiv) Primary Care Giver means a person who assumes the principal role of providing care and attention to a child.

(xv) Resignation means voluntary termination of employment by the employee in accordance with this Award.

(xvi) Salaried Division means that division of the service consisting of employees appointed to classifications prescribed by this Award.

(xvii) Saturday Shift means ordinary daily working hours the major proportion of which fall between midnight Friday and midnight Saturday.

(xviii) Shift Work means work performed during ordinary working hours in continuous morning, afternoon or night shifts, in rotating shifts or in rostered shifts that include a Saturday or Sunday. An employee engaged upon such work shall be deemed to be a shift worker.

(xix) Spouse includes a de facto or former spouse.

(xx) Sunday Shift means ordinary daily working hours the major proportion of which falls between midnight Saturday and midnight Sunday.

(xxi) Union means an organisation of employees registered under the New South Wales Industrial Relations Act 1996.

PART B

MONETARY RATES

Table 1

Clause 7 - Rates of Pay

Annual Pay rates



Grade	Entry	Step 1	Step 2	Step 3
Trainee Grade 1	$25,545
Trainee Grade 2	$29,392
Trainee Grade 3	$33,549
Trainee Grade 4	$37,787
1	$38,591

2	$40,268
3	$42,828
4	$44,184
5	$45,377	$46,965	$48,610	$50,066
6	$46,581	$48,215	$49,903	$51,398
7	$48,170	$49,859	$51,604	$53,155
8	$50,185	$51,944	$53,765	$55,377
9	$53,387	$54,725	$56,093	$57,494
10	$56,595	$58,009	$59,459	$60,946
11	$61,386	$62,918	$64,494	$66,107
12	$66,597	$68,260	$69,968	$71,719
13	$71,846	$73,639	$75,479	$77,369

Grade	On Appointment	Leadership Criteria in
		accordance with Clause 6 (ii)
		of this award
14	$79,410	$81,393
15	$85,172	$87,301
16	$90,949	$93,222
17	$98,928	$101,401
18	$107,364	$110,052

Table 2

Clause 25 - Tool Allowance


Annual Tool Allowances
Classification	Annual Rate
Bricklayer	$969
Carpenter and Plumber	$1,305
Metal and Mechanical Trades	$1,305
Painter and Signwriter	$394
Plasterer	$1,108
Electrician	$871
Stonemason	$1,305

Table 3

Clause 6 - Performance Incentive Bonus Scheme

(i) Employees employed after 14th August 2002			Performance Incentive Bonus (Clause 6(ii) )
Grade	On Appointment	Leadership Criteria

14 - 18	Refer to Table 1	Refer to Table 1	Stage 1 (Bonus, where applicable to be paid by 30^th September 2004)
			0 to 2.5% using the baseline of the salary listed in the leadership criteria column.	Stage 2 (Bonus, where applicable to be paid by 30^th September 2005)





				0 to 5% using the baseline of the salary listed in the leadership criteria column.

(ii) Employees employed before 14th August 2002			Performance Incentive Bonus (Clause 6(ii) )
Grade	On Appointment	Leadership Criteria

14 - 18	Refer to Table 1	Refer to Table 1	Stage 1 (Bonus, where applicable to be paid by 30^th September 2004)
			0 to 5% using the baseline of the salary listed in the leadership criteria column.	Stage 2 (Bonus, where applicable to be paid by 30^th September 2005)





				0 to 5% using the baseline of the salary listed in the leadership criteria column.

PART C

AWARD COVERAGE

Table 1 - Categories of Employees

Categories of employees who may be employees under this Award.

Categories	Rates of Pay
Trainees	Rates of Pay as specified

Cadets	Grade 1 (entry) to Grade 5 (entry)

Clerical Operational / Library Assistants	Grade 1 (entry) to Grade 5 (Step 2)

Parking Enforcement Officer	Grade 4 (entry); Grade 6 (entry);
	Grade 6 (entry)

Ordinance Inspectors	Grade 4 (entry); Grade 5 (entry);
	Grade 6 (entry) to Grade 6 (Step 2)
Clerical Officers	Appointments as made within the respective
	grades, Grade 6 to Grade 13.
Library Technicians

Technical Officers

Administrative Officers

Librarians

Team Leaders & Supervisors

Customer Service Officers

Town Planners

Engineers

Architects

Draftspersons

Environmental Health & Building Compliance

Community & Social Workers Managers &
Coordinators
Specialist Categories & Senior Managers	Appointments as made within the respective
	grades, Grades 14 to 18.

Schedule A

Transitional Arrangements, Savings and Adjustments

South Sydney Salaried Staff Award 2010

1. Paid Paternity or Partner Leave provisions in accordance with Clause 18 E vi b and 18 E vi c will apply where the child referred to in Clause 18 E is born on or after 10 April 2010. The employee shall, if required, establish by either production of a copy of the birth certificate or certification from a medical practitioner, the date of birth of the child.

2. Paid Maternity Leave provisions in accordance with Clause 18 E vii a will apply where the child referred to in Clause 18 E is born on or after 10 April 2010. The employee shall, if required, establish by either production of a copy of the birth certificate or certification from a medical practitioner, the date of birth of the child.

3. Paid Adoption Leave provisions in accordance with Clause 18 E viii a will apply where the child referred to in Clause 18 E is adopted on or after 10 April 2010. The employee shall, if required, establish by the production of a statement from an adoption agency or another appropriate body, the date of adoption of the child.

4. The weekly rate of pay referred to in Clauses 18 E vi, vii and viii will be based on the employee’s substantive hourly salary times the average number of ordinary weekly hours worked over the preceding 12 months.

5. Paid Bereavement Leave in accordance with Clause 18 B iii will only apply in relation to the death, of a parent, spouse or child, on or after 10 April 2010.

6. Notwithstanding any other provisions of this Award, the rate of pay to an employee under this provision:-

a. shall not be less than the rate payable to the employee under the Award, as varied, rescinded and replaced by this Award for the classification of the said rescinded Award, as varied, to which the employee was substantively appointed immediately prior to the date of the making of this Award; and

b. the increases in pay rates provided in this award have been varied to incorporate all increases in pay rates flowing from State Wage Case decisions.

J. P. GRAYSON D.P.

____________________

Printed by the authority of the Industrial Registrar.

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