Crown
Employees (Roads and Traffic Authority of New South Wales - Traffic Signals
Staff) Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Correction to Serial
C5410 published 20 April 2007
(362 I.G. 588)
(No. IRC 247 of 2007)
CORRECTION
1. Delete the
award published 20 April 2007 (362 I.G. 588) and substitute the following:
AWARD
Table of contents
1. Title
2. Definitions
3. Purpose
of this Award
4. Terms of
Employment
4.1 General terms
4.2 Part-time employment
4.3 Working hours
4.4 Shiftwork
4.4.1 General
4.4.2 Short term shiftwork
4.5 Promotion criteria
5. Payments
5.1 Salaries
5.2 Minimum and maximum payments
5.3 Incremental progression
5.4 Overtime
5.4.1 General
5.4.2 Call-outs
5.5 Higher duties relief
5.6 Salary and grade appeals
5.7 Allowances and expenses
5.7.1 Meals on Journeys that do not require Overnight Accommodation
5.7.2 Meals on overtime
5.7.3 Private motor vehicle allowances
5.7.4 Residential course allowances
5.7.5 Lodging and travelling allowances
5.7.6 Fares to temporary work location
5.7.7 Location expenses
5.8 Provision of tools
5.9 Compensatory travel leave and payments
6. Leave
6.1 Public holidays
6.1.1 Local public holidays
6.1.2 Public service holiday
6.2 Recreation leave
6.3 Long Service Leave
6.3.1 General
6.3.2 Effect of approved Leave Without Pay (LWOP) on Long Service
Leave Entitlements
6.3.3 Taking of long service leave
6.3.4 Sick leave while on long service leave
6.3.5 Public Holidays while on long service leave
6.3.6 Payment or transfer of long service leave on termination
6.4 Sick leave
6.5 Maternity leave
6.6 Adoption leave
6.7 Parental Leave1
6.7A Communication during Maternity, Adoption and Parental Leave
6.7B Rights of request during Maternity, Adoption or Parental Leave
6.8 Study leave
6.8.1 Examination and pre-examination leave 6.9 Military leave
6.10 Special leave
6.11 Leave without pay
6.12 Family and community service leave
7. Other
Conditions
7.1 Deduction of Union Membership Fees
7.2 Grievance resolution and dispute settlement 7.2.1 Grievance resolution
7.2.2 Dispute settlement
7.2.3 Disputes relating to OH&S
7.3 Anti-Discrimination
8. Leave
reserved
PART B
MONETARY RATES
Salary Increases
APPENDIX A -
WORKPLACE REFORM
A1 Parties to
the award
A2 Enterprise
bargaining infrastructure
A2.1 RTA's Single Bargaining Unit (SBU)
A2.2 Project teams
A2.3 Staff task groups
A2.4 Regional consultative groups
A2.5 General principles
A3 Commercialisation
A4 Process
improvement
A5 Competency
based training
A6 Performance
planning and feedback
A7 Conditions
of employment
A8 Work
environment
A9 Consultation
on excess staff
A10 Contractors'
protocol
A11 Agreed
procedures for market testing and contracting out
A12 Unplanned
absenteeism (Sick leave)
A13 Spread of
hours
A14 Consultation
A15 Communication
A16 Casual and
limited duration employment
A17 HIAB,
Driving and compressor allowances
A18 Meal
allowances
A19 Austel
licence
A20 First aid
A21 Work apparel
APPENDIX B -
IMPLEMENTATION
B1 Rescinding
of previous awards
B2 Duration
of the award and operative dates for future salary increases
B3 Negotiating
the next award
APPENDIX C -
GRIEVANCE RESOLUTION
Policy
Guidelines
Definitions
General Principles of Grievance Resolution
Interpreters
External Referral Sources
Protection
Documentation
Training
Assessing Grievance Resolution
Appeal Right
Grievance Resolution Procedures
APPENDIX D -
MARKET TESTING AND CONTRACTING OUT
Principles
Selection of an Area of Work to Market Test
Conduct of Market Testing Projects
Management of an Area of Work After Market Testing
Definitions
Consultative Process
APPENDIX E -
GLOSSARY OF TERMS
Traffic Signals Group
Electronic Equipment Group
Part A
1. Title
This Award will be known as the Crown Employees (Roads and
Traffic Authority of New South Wales - Traffic Signals Staff) Award 2007. The terms of this Award will apply to
Traffic Signals Staff employed by the Roads and Traffic Authority.
2. Definitions
(a) "RTA"
shall mean the Roads and Traffic Authority Division of the Government Service
of New South Wales, established under Chapter 1A of the Public Sector
Employment and Management Act 2002 (NSW).
(b) "Staff"
shall mean the Traffic Signals classifications set out in Part B, Monetary
Rates, employed by the Roads and Traffic Authority Division of the Government
Service of New South Wales, established under Chapter 1A of the Public
Sector Employment and Management Act 2002 (NSW).
(c) "ETU"
shall mean the Electrical Trades Union of Australia, New South Wales Branch.
3. Purpose of This
Award
(a) The main
purpose of this Award is to ensure that the following parties:
- RTA
management;
- Staff; and
- the ETU
are committed to continually improving all areas of the
RTA to achieve lasting customer satisfaction and increased productivity.
(b) The RTA is
totally committed to improving the way in which it performs its operations to
ensure it meets customers' needs. This
is being done by means of the RTA Continuous Improvement Strategy.
(c) This award is
made on the understanding that the salaries and conditions existing for
employees at the date on which this award takes effect shall not be reduced
merely as a consequence of the coming into operation of this award.
4. Terms of
Employment
4.1 General terms
(a) Employment is
by the fortnight for full-time and part-time staff.
(b) The RTA will
pay all staff fortnightly by electronic funds transfer into a bank or other
approved financial institution.
(c) The RTA and
the ETU recognise that all Staff will perform work as specified by the
RTA. The RTA will regard any
unreasonable failure to perform this work requirement as a refusal to perform
duties. The RTA's disciplinary policy
will be followed in such cases.
(d) Staff must
carry out duties that:
(i) they have the
skills, competence, training and qualifications to undertake;
(ii) are within
the classification structure of this Award;
(iii) do not
promote de-skilling.
(e) The RTA will
not require a staff member to work in an unsafe or unhealthy environment or in
breach of any statutory or regulatory requirement.
(f) Employment of
full-time and part-time staff can be terminated by the RTA with the following
periods of notice dependent upon the years of "continuous service":
(i) up to three
years' service 2 weeks' notice;
(ii) more than
three years' but less than five years' service at least 3 weeks' notice;
(iii) more than 5
years' service at least 4 weeks' notice with a loading of one week on the
applicable period where the staff member is over 45 years and has at least 2
years' completed years of continuous service with the RTA as at the date of
termination.
4.2 Part-time
employment
(a) Staff may be
employed on a part-time basis subject to the needs of the RTA and in accordance
with its policies and procedures for permanent and part-time staff.
(b) Staff may
apply to work part-time and the decision to do so is voluntary. No person can be directed or placed under
any duress to move from full-time to part-time work, or vice versa.
(c) Part-time
staff will be employed as required.
(d) If it is
essential that part-time staff work extra hours, the extra hours will be paid
at the following rates:
(i) ordinary
rates of pay plus a loading of 4/48ths in lieu of recreation leave for work
performed up to the normal daily working hours of full-time staff performing
similar duties;
(ii) appropriate
overtime rates for work performed in excess of the normal working hours of
full-time staff performing similar duties.
(e) Individual
working arrangements will be:
(i) agreed
between the RTA and the staff member concerned;
(ii) set out in a
written agreement signed by both parties and approved by the appropriate Branch
Manager;
(iii) able to be
varied at any time by negotiation between the parties.
(f) The salaries
and conditions of employment for part-time staff will be based on a pro rata
application of salaries and conditions of employment contained in this Award
for full-time staff performing similar duties.
(g) The RTA will
notify the ETU prior to the employment of part time staff.
4.3 Working hours
(a) A normal
working week for workers other than continuous shift workers will consist of 38
hours worked as follows:
- a 20 day, 4
week cycle
- Monday to
Friday inclusive
- 19 working
days of 8 hours each
- working hours
each day between 6.00am and 5.30pm.
(b) The commencing
times operating at the various RTA offices at the time of implementing this
clause shall not be changed without consultation with the ETU.
(c) For each day
worked 0.4 hours per day accrues as an entitlement to take the fourth Monday in
each work cycle as a Paid Accrued Day Off ("ADO").
(d) Staff required
to work on their ADO, will be given at least 24 hours' notice, or failing such
notice, will be paid for all time worked at double time.
(e) Staff who
attend RTA conferences, attend training organised by the RTA or who sit for an
examination on their ADO will have another day off in lieu.
(f) By agreement
with the RTA, staff may be required to substitute the fourth Monday with
another day (nominated in advance) in the working cycle. The conditions of this Award will apply to
the alternate nominated ADO.
(g) Where the
fourth Monday (or ADO) falls on a public holiday, the next working day is taken
in lieu of the ADO. By agreement with
the RTA an alternate day of the four week cycle may be taken as the ADO.
(h) Each day of
paid, sick or recreation leave taken and any public holidays occurring during
any cycle of four weeks is regarded as a day worked for accrual purposes.
(i) Staff who are
ill or incapacitated on their ADO are not entitled to paid sick leave on that
day, nor is the staff member’s sick leave entitlement reduced.
(j) Staff who
have either:
(i) not worked a
complete four-week cycle; or
(ii) are regarded
has not having worked a complete four-week cycle according to (a) above
receive pro rata entitlements on the ADO for each day
(or fraction of day) worked, or regarded as having been worked. On termination of employment staff receive
pro rata accrued entitlements on the ADO.
(k) Staff may be
required to work on their ADO for the following reasons:
(i) to allow
other staff to be employed productively to carry out maintenance outside of
ordinary working hours;
(ii) because of
unforeseen delays to a particular project (or part);
(iii) emergency or
other unforeseen circumstances on a project.
Staff required to work on their ADO will be paid at
Saturday rates.
(l) Staff
required to work on their ADO may elect, where practicable, to have another day
off instead. This day off must be taken
before the end of the succeeding work cycle.
In such cases, the accrued entitlements are transferred to the
substituted day off.
(m) Staff on
continuous shift work accrue 0.4 hours for each eight hour shift work to allow
one complete shift to be taken off for every 20 shift cycle.
(n) The conditions
in (b) to (k) above also apply to continuous shift workers.
(o) Staff on shift
work shall have their 20 minute crib break, at the workplace rather than return
to their headquarters for this purpose.
4.4 Shiftwork
4.4.1 General
(a) For the
purpose of this clause:
"Afternoon shift" means a shift on which
ordinary time finishes after 6.00pm and at or before midnight.
"Night shift" means a shift on which ordinary
time finishes after midnight and at or before 8.00am commences at or before
4.00am.
(b) Staff engaged
on shift work will be allowed a minimum of 10 hours between shifts except:
(i) at change of
shifts when a minimum of 8 hours will be allowed; or
(ii) in cases of
unavoidable necessity.
(c) If the RTA
instructs staff to resume or continue work without having 10 consecutive hours
off duty, they will be:
(i) paid double
time until they are released from duty;
(ii) entitled to
be absent, without loss of pay for ordinary working time, until they have
completed 10 consecutive hours off duty.
(d) The conditions
in (c) above also apply to shift workers except that 8 hours will be
substituted for 10 hours when overtime is worked:
(i) for the
purpose of changing shift rosters;
(ii) where shift
workers do not report for duty and day workers or shift workers are required to
replace them;
(iii) where a shift
is worked by arrangement between staff themselves.
(e) In addition to
salaries to which they are entitled under this Award, staff on afternoon and/or
night shift are paid an additional 15 per cent for each ordinary afternoon or
night shift performed on week days.
(f) All time
worked:
(i) between
11.00pm and 12.00 midnight Friday;
(ii) between 12.00
midnight Sunday and 7.00am Monday
is paid a shift loading of 15 per cent of the ordinary
rate of pay.
(g) Sunday time
"Sunday time" is:
(i) time worked
between 12.00 midnight on Saturday and 12.00 midnight Sunday;
(ii) paid at
double time rate.
(h) Saturday time
Saturday time is:
(i) time worked
between 12.00 midnight on Friday and 12.00 midnight on Saturday;
(ii) paid at the
rate of time and a half (the time which forms part of the ordinary hours of the
week continues to be taken into consideration for the calculation of overtime).
(i) Staff
employed under this clause and working a six or seven-day week three-shift
roster are credited with an additional five days recreation leave per
annum. This leave accrues at the rate
of 5/12 of a day for each complete month that an officer so works.
4.4.2 Short term
shiftwork
Where shiftwork for construction or maintenance works
is of up to 2 weeks' duration the following will apply:
(a) Staff required
to work shift work will be given at least 48 hours' notice. If shift hours are changed, staff will be
notified by the finishing time of their previous shift.
(b) Shift work will
be worked between:
(i) Sunday to
Thursday inclusive; or
(ii) Monday to
Friday inclusive.
(c) Working hours
and payment for shifts are:
Single shifts:
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no longer than 8 hours, and
paid at time and a half.
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(i) Single shifts
are worked after 6:00pm and finish before 6:00am.
(ii) For shifts
worked between Sunday and Thursday, Sunday shifts are normal shifts that start
before midnight Sunday.
(iii) For shifts
worked between Monday and Friday, Friday shifts are normal shifts that start
before and end after midnight Friday.
Two shifts:
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worked between 6.00am and
midnight or as agreed with the RTA, and
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paid at time and a quarter
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Three shifts:
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with the third (night) shift
being seven hours and 17 minutes paid at
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time and a quarter.
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(d) Staff who are
employed during normal working hours are not allowed to work afternoon or night
shifts except at overtime rates.
(e) Work in excess
of shift hours, Sunday to Thursday or Monday to Friday (other than public
holidays) will be paid double time.
(f) Time worked on
a Saturday, Sunday or public holidays will be paid at overtime rates, provided
that:
(i) Friday shifts
referred to in clause 4.4.2 (d) will be paid at ordinary shift rates;
(ii) Sunday shifts
referred to in clause 4.4.2 (d) will be paid at ordinary shift rates after
midnight Sunday.
(g) If staff work a
shift of less than five continuous days and:
(i) it is not due
to the actions of staff they will be paid overtime rates;
(ii) it is due to
the actions of the staff they will be paid normal shift rates.
(h) If a shift
exceeds four hours, staff will be allowed and paid 30 minutes' crib time on
each shift.
(i) 0.4 of one
hour for each shift worked will be accrued, entitling staff to one shift off
without pay, in every 20 shift cycle, known as the Accrued Day Off (ADO). Wages for the accrued time will be paid in
the wages period during which it has been worked.
(j) Each shift of
paid leave taken and any public holidays occurring during a four week cycle
will be counted as a shift worked for accrual purposes.
(k) Staff who do
not work a complete four week cycle will receive pro rata accrued entitlements
for each shift (or part of a shift) worked.
(l) Local
management and staff will agree on the:
(i) arrangements
for ADO's during the 20 shift cycle;
(ii) accumulation
of ADO's (maximum of five).
(m) Once ADO's have
been rostered they must be taken unless the RTA requires a staff member to work
in emergencies.
4.5 Promotion
criteria
(a) All promotion
from one grade to another will be on the basis of merit and be subject to the
existence of a vacancy.
(b) Selection
shall be in accordance with the RTA Selection Policy in force from time to
time.
5. Payments
5.1 Salaries
(a) For a detailed
list of the salaries of staff, refer to Part B, Monetary rates.
(b) For the
purposes of this Award:
(i) the weekly
rate will be calculated by dividing the annual salary by 52.17857;
(ii) the hourly
rate will be calculated by dividing the weekly rate by 38;
(iii) the salary
rates listed in Part B are inclusive of a 1.35% annual leave loading.
5.2 Minimum and
maximum payments
Staff who attend for duty and:
(a) who are not
required shall receive five hours' pay unless 12 hours' notice was given personally
that they were not required;
(b) who commence
work shall receive 7 hours' pay.
5.3 Incremental
progression
(a) Staff will be
entitled to incremental progression within a grade after 12 months'
satisfactory service and conduct on each step-in grade.
(b) The RTA may
withhold an increment or reduce a staff member’s salary on the basis of the
staff member’s:
(i) inefficiency;
(ii) misconduct in
an official capacity.
(c) The RTA will
provide staff with written reasons for withholding an increment or reducing
their salary within 30 days of the increment being due, or of the reduction
taking effect.
(d) Periods of
leave without pay where the total period of absence in any one year is greater
than 5 days will not count as service when determining increments.
5.4 Overtime
5.4.1 General
(a) Overtime will
be paid only for work performed in excess of the normal working hours per day
which is specifically directed by an authorised officer.
(b) Overtime is
used to allow essential work to be carried out which, due to its character or
special circumstances, cannot be performed during normal working hours. It is not an optional work pattern.
(c) Overtime will
be kept to a minimum and other work arrangements such as shift work should be
considered before overtime is undertaken.
(d) If staff work
flexible working hours, overtime will only be paid for approved overtime worked
outside the bandwidth.
(e) Overtime will
be paid at the following rates:
(i) first two
hours - time and a half;
(ii) after the
first two hours - double time;
(iii) all work on
Saturday -
(1) time and a
half for the first two hours; and
(2) double time
after the first two hours;
(iv) all work on
Sunday - double time;
(v) all work on a
public holiday - double time and a half.
(f) Staff who are
required to attend work on a Saturday, Sunday public holiday, picnic day or ADO
will be paid for at least four hours work at the appropriate overtime rate.
(g) Overtime is not
payable for:
(i) any period of
work that is less than a quarter of an hour;
(ii) time taken as
a meal break (except as provided for in 5.4.1(j));
(iii) time spent
travelling outside normal hours.
(h) If staff work
overtime on a Saturday, Sunday or public holiday, they may apply for leave in
lieu of payment for all or part of their entitlement calculated at the
appropriate overtime rate. This is
provided that:
(i) the
application for leave in lieu of payment is made within two working days of
their work on a Saturday, Sunday or public holiday;
(ii) leave in lieu
is taken at the convenience of the RTA;
(iii) leave in lieu
is taken in multiples of a quarter of a day;
(iv) the maximum
period of the leave in lieu for a single period of overtime is one day;
(v) leave in lieu
is taken within one month of approval to take leave in lieu, except for work
performed on a public holiday which may, at the election of staff, be added to
annual leave credits.
Staff are paid for the balance of any entitlement not taken as
leave in lieu.
(i) Overtime will
not be paid for attending activities which principally benefit the staff member
concerned and only indirectly benefit the RTA. Such activities may include:
(i) conferences
of professional bodies;
(ii) lectures
conducted by educational institutions;
(iii) self-nominated
training activities.
(j) Staff
required to work two hours or more overtime after their normal ceasing time are
entitled to:
(i) 30 minutes
for a meal or crib break without loss of pay, after the first 2 hours; and a
similar time allowance for each additional 4 hours of overtime worked.
(ii) To qualify
for the above allowance, staff must continue to work after their allowed break.
(iii) Staff
required to work past 12 noon on Saturday are entitled to a 30 minute meal
break, without loss of pay between 12 noon and 1pm.
(k) Staff working
overtime and supervising other staff will be paid the same penalties as those
under their control.
(l) The RTA may
require staff to work reasonable overtime at overtime rates. An officer may refuse to work overtime in
circumstances where the working of overtime would result in staff working hours
which are unreasonable. For the
purposes of this paragraph what is unreasonable or otherwise will be determined
having regard to:
(i) any risk to
the staff member’s health and safety;
(ii) the staff
member’s personal circumstances including any family and carer
responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the Authority regarding the working of overtime, and by the
officer of their intention to refuse the working of overtime; or
(v) any other
relevant matter.
5.4.2 Call-outs
(a) Staff recalled
to work overtime:
(i) having ceased
normal duty (whether notified before or after leaving the premises) are paid
for a minimum of four hours' work at the appropriate rate for each time they
are recalled will not be required, except in unforeseen circumstances, to work
the full four hours if the job is completed within a shorter period.
(ii) This
subclause does not apply where:
1. it is customary
for staff to return to the workplace to perform a specific job outside ordinary
working hours;
2. the overtime
is continuous (subject to a reasonable meal break) with the completion or
commencement of ordinary working time.
(b) Overtime worked
on a call-out where the actual time worked is less than three hours on such
recall or on each of such recalls shall not be regarded as overtime for the
purposes of 10 consecutive hours off duty as outlined in 5.4.3 below.
(c) (i) Despite 5.4.2(b), where a staff member:
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is called out on two or more
occasions; and
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each recall is less than
three hours duration; and
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the
timing of the callouts means that the staff member does not have a sufficient
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amount
of sleep meaning that he or she will not be in a fit state to attend work.
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The staff member should discuss with their supervisor
to delay their commencement of duty to ensure that the staff member has
sufficient rest.
(ii) The staff
member should be given sufficient additional rest time except in cases of
emergency where the staff member is required for duty.
(iii) When
additional rest time is granted to a staff member, he or she will be paid at
ordinary rates for the period that they are absent from work.
(iv) Should the RTA
not be able to grant the staff member additional rest time in accordance with
5.4.2(c)(i) and the staff member is required to attend for duty, no additional
penalty payment will be made. Penalty
payments will only be made where sub clause 5.4.3 comes into operation.
5.4.3 Rest break
between shifts after overtime
(a) Staff required
to work after finishing a shift without a break of 10 consecutive hours before
their next starting time are entitled to be absent from duty for 10 consecutive
hours without deduction of pay.
(b) Staff required
to commence duty before the expiration of the 10 hour break will be paid double
time for the time worked.
(c) The provisions
of (a) and (b) above also apply to shift workers who rotate from one shift to
another by substituting "10 hours" with "8 hours":
(i) for the
purpose of changing shift rosters;
(ii) where a shift
worker does not report for duty;
(iii) where the
shift worked by arrangement between staff.
5.5 Higher duties
relief
(a) When the RTA
has directed a staff member to relieve in a higher graded position and the
staff member performs the normal duties of the position, the staff member will
be paid an allowance to the first year salary rate of the position for the full
period of relief.
(b) If a staff
member performs the duties of a higher graded position for 260 days either
continuously or not he or she shall:
(i) be paid the
next higher rate of pay for the position;
(ii) be paid the
next higher rate of pay for the position on the completion of a further 260
days' relief either continuously or non-continuously.
(c) Periods of
relief of less than 5 working days shall not be counted in the above.
(d) All time
acting in a higher grade position, except when less than 5 continuous working
days, shall be recognised for determining the appropriate salary when promoted
to that grade.
(e) If a staff
member acts in a position more than one grade above his or her position the
period of relief will only be recognised in determining the appropriate salary
when promoted to the grade immediately above them.
(f) Public
holidays falling within the period of relief shall be paid at the higher rate
provided the staff member works in the higher grade on the day before and after
the public holiday.
5.6 Salary and
grade appeals
(a) Staff may
apply to the RTA, through their Branch/Section Manager, for an:
(i) increase in
salary in excess of the rate of salary provided in this Award;
(ii) alteration in
the grade to which the staff member is appointed.
(b) Staff may
appeal to the RTA if they are dissatisfied with a decision of the RTA:
(i) in respect of
the staff member’s salary or grade;
(ii) in respect of
any other matter under the Government and Related Employees Appeal Tribunal
Act 1989, as amended (Part 3, Division 1, Promotion Appeals, or Part 3,
Division 2, Disciplinary Appeals)
do not exercise their rights before the Government and
Related Employees Appeal Tribunal, by forwarding a Notice of Appeal to the RTA
within 30 days of being advised of the decision to be appealed. The Notice will
set out the grounds for appeal.
(c) The RTA will
hear the appeal and allow the staff member to either:
(i) attend the
appeal and present the case; or
(ii) arrange for
their representative to present the case.
5.7 Allowances and
expenses
5.7.1 Meals on
journeys that do not require overnight accommodation
(a) Staff who
travel on official business and who do not need to stay temporarily at a place
other than their home, will be paid an allowance of $22.50 for:
(i) breakfast -
when the RTA requires them to start travelling at or before 7.00am and return
after 9.00am;
(ii) an evening
meal - when the RTA requires them to travel before 6.30pm and return is after
6.30pm;
(iii) lunch - when,
due to the journey, travel commences before 1pm and return is after 2pm.
(b) The allowances
will not be paid to staff unless:
(i) travel is
outside their headquarters in the Sydney, Newcastle, Wollongong transport
districts;
(ii) other staff
travel at least 25 km from their headquarters.
(c) A meal allowance
of $22.50 will be paid when:
(i) on the first
day a staff member transfers from one work location to another more than 25 km
from their headquarters in the same Transport District Headquarters;
(ii) a staff
member attends an evening meeting at a location in the same Transport District
25 km from their headquarters.
(d) The hours
referred to above shall read one hour earlier in respect of staff working at
offices or depots which start work at 6.00am.
5.7.2 Meals on
overtime
(a) A meal
allowance of $22.50 will be paid when working overtime:
(i) for longer
than one and half hours;
(ii) for working
each additional four hours.
(b) When recalled
to work a meal allowance will be paid:
(i) after working
four hours;
(ii) after each
additional four hours worked.
(c) When recalled
to work overtime, a crib time of 20 minutes without loss of pay will be allowed
for each four hours worked if work continues after the break.
5.7.3 Private motor
vehicle allowances
(a) If staff do
not wish to use their private motor vehicles for RTA business, under no
circumstances can they be required to do so.
(b) Staff may use
their private motor vehicle on official RTA business only if:
(i) there is no
RTA vehicle, or public or other transport available;
(ii) the
use of the private motor vehicle is essential for the economic performance of
the staff member’s duties; and
(iii) the use is
authorised in advance.
(c) Staff will be
paid the:
(i) RTA business
rate for use of a private vehicle on RTA business;
(ii) Specified journey
rate.
1. for use of
private vehicle for transport to a temporary work location;
2. for the
approved use of a private vehicle on RTA business when a RTA vehicle or public
transport is available, but the staff member chooses and prior approval is given
to use the private vehicle.
(d) The rates of
motor vehicle allowances will be published separately by the RTA.
(e) If staff are
entitled to the cost of rail travel, but choose to use their private motor
vehicle, they will be reimbursed the equivalent cost of the rail fares
(including sleepers where appropriate).
5.7.4 Residential
course allowances
Staff who attend residential courses are entitled to
allowances.
5.7.5 Lodging and
travelling allowances
(a) If the RTA
requires staff to journey away from their headquarters and stay overnight at a
place other than home, they are eligible for the prescribed rate and allowances
for travel and lodging expenses.
(b) If expenses
exceed the prescribed rate, reasonable and actual expenses plus an incidental daily
expense rate may be paid.
(c) Full expenses
shall be paid in all cases irrespective of claims made.
5.7.6 Fares to
temporary work location
Staff who take up duty temporarily at a location
different than their regular place of work will receive the amount of any
additional fares reasonably incurred in travelling to and from the temporary
location.
5.7.7 Location
expenses
(a) Staff shall
not have their headquarters changed when it is known they will be relocated for
less than six months unless they are surplus and have to be absorbed.
(b) Staff who are
relocated to new headquarters are entitled to reimbursement for necessary costs
actually incurred in relocating themselves, their dependants and their
household to the new headquarters. Unless approved by an RTA Director, this
does not apply to staff who relocate:
(i) at their own
request within two years of starting duty at their previous headquarters;
(ii) to a new
headquarters within 34km of their previous headquarters;
(iii) due to
official misconduct;
(iv) at their own
request because of ill health or other hardship.
(c) The
reimbursement of actual and necessary relocation costs will include:
(i) travel and
temporary accommodation on relocation;
(ii) temporary
accommodation at the new headquarters;
(iii) removal or
storage of furniture and effects;
(iv) conveyancing
costs for the sale of the residence at the former location where a new
residence or land for a residence is purchased at the new location;
(v) rental subsidy
for increased rental costs at the new location;
(vi) education
costs for dependent children;
(vii) relocation
costs on a staff member's retirement;
(viii) relocation
costs for a staff member's spouse and/or dependant on the death of a staff
member (to the point of recruitment or equivalent).
5.8 Provision of
tools
The salary rates of Traffic Signals staff in Part B
takes into account that the tools listed below are provided and adequately
maintained by such staff:
Centre punch
|
Diagonal cutting nippers (insulated, 150mm)
|
Measuring tape (3m)
|
Allen keys, metric
|
Hacksaw
|
Insulated screwdriver (Phillips No 2, 100mm)
|
Ball pien hammer (250g)
|
Screwdriver (Phillips No 0, 75mm)
|
Multigrips or vise-grip
|
Insulated screwdriver (Square, 250x10mm)
|
Knife (Stanley)
|
Screwdriver (Square, 200 x 8mm)
|
Universal adjustable wire stripper
|
Screwdriver (Square, 130 x 6mm)
|
Combination pliers (insulated)
|
Screwdriver (Square, 100 x 3mm)
|
Long-nose pliers (insulated, 150mm)
|
Shifting spanner (100mm)
|
|
Shifting spanner (200mm)
|
5.9 Compensatory travel
leave and payments
(a) Staff are
entitled to claim ordinary time payment or compensatory leave (if the RTA
approves) when the RTA directs them to travel in connection with official
business:
(i) to and/or
from somewhere other than their normal headquarters;
(ii) outside
normal working hours.
(b) Staff
travelling on a day where they are not required to work may claim for time
spent in travelling after 7.30am.
(c) Staff
travelling on a day where they are required to work may claim for time spent travelling
before the normal start time or after the normal finishing time, provided that:
(i) the normal
time for the trip from home to headquarters and return is deducted from
travelling time;
(ii) periods of
less than ¼ hour on any day are disregarded;
(iii) travelling
time does not include any travel between 11.00pm on one day and 7.30am on the
following day when staff have travelled overnight and accommodation has been
provided;
(iv) travelling time
is calculated on the basis of reasonable use of the most practical and
economical means of transport;
(v) travelling time
does not include travelling for a permanent transfer which:
1. has increased
salary;
2. is for
disciplinary reasons;
3. is made at
the staff member's request.
(vi) travelling time
does not include travel by ship on which meals and accommodation are provided.
(d) Staff are
entitled to claim waiting time as follows:
(i) Where no
overnight stay is involved:
1. one hour
shall be deducted from the time of arrival and the commencement of work;
2. one hour
shall be deducted from the time of ceasing work and the time of departure for
home, headquarters or another work centre.
(ii) Where
overnight accommodation is provided:
1. Any time from
the completion of arrival until the time of departure shall not count as
travelling time unless:
- work is
performed on the day of departure
- waiting time
less one hour shall be allowed.
2. Where no work
is done on the day of departure waiting time less one hour after normal
starting time until time of departure shall be allowed.
6. Leave
6.1 Public
holidays
(a) This section
covers the following gazetted public holidays:
New Year’s Day
Australia Day
Good Friday
Easter Saturday
Easter Monday
Anzac Day
Queen’s Birthday
Labour Day
Christmas Day
Boxing Day
Proclaimed State public holidays
Proclaimed local public holidays do not qualify.
(b) If the holiday
falls on a weekend, no additional payment will be made unless the RTA requires
staff to work on that day. For further
details, refer to Section 4.4, Shiftwork, and Section 5.4, Overtime.
6.1.1 Local public
holidays
(a) Staff in
country areas may observe up to two local public holidays (or four half days)
each year. This applies regardless of whether the local public holidays are:
(i) proclaimed
(gazetted);
(ii) locally
agreed.
(b) Recreation
leave, study leave and flexible leave may be taken in conjunction with local
public holidays.
6.1.2 Public service
holiday
(a) Staff observe
the Union Picnic Day instead of the Public Service Holiday.
(b) Staff are
entitled to a day's leave with pay on the first Monday in December to attend an
annual union picnic. If they are
required to work on that day they will be granted a leave day in lieu.
6.2 Recreation
leave
(a) Recreation
leave accrues at 1 2/3 days for each completed month of service, up to a
maximum of 20 working days per year.
(b) Leave is
granted at the discretion of the RTA.
(c) The minimum
period of leave that may be claimed is one hour. Any leave claimed in excess of
one hour is to be claimed to the nearest one minute.
(d) Staff employed
on seven day continuous shift basis will accrue recreation leave of 2 1/12 days
for each completed month to a maximum of 25 days.
(e) Subject to
paragraph (ga) of subclause 6.12 - Family and Community Service Leave, staff
shall wherever practicable, take their annual leave within six months of it
becoming due.
(f) Subject to
paragraph (ga) of subclause 6.12 - Family and Community Service Leave, the RTA
may direct staff to take leave for which they are eligible, provided that:
(i) the RTA gives
the staff member at least four weeks’ notice of the starting date of the leave;
(ii) as far as
practicable, the RTA takes the staff member’s wishes into account when fixing
the time for the leave.
6.3 Long Service
Leave
6.3.1 General
(a) The
entitlement to long service leave is set by the Transport Administration Act
1988 (NSW).
(b) Staff who have
completed 10 years' service recognised by the RTA, are entitled to long service
leave of:
(i) 44 working
days at full pay; or
(ii) 88 working
days at half pay; or
(iii) 22 working
days at double pay.
(c) For each
additional calendar year of service completed in excess of 10 years, staff
accrue 11 working days' long service leave.
(d) From 1 January
2005, staff who have completed at least 7 years' continuous service with the
RTA, or as recognised in accordance with paragraphs (g) and (h) below, are
entitled to access the long service leave accrual indicated in b) above on a
pro rata basis of 4.4 working days per completed year of service.
(e) Staff who are
employed part-time are entitled to long service leave on the same basis as that
applying to full-time staff but payment for the leave is calculated on a pro
rata basis.
(f) Staff who are
employed as shift workers are debited the number of working days that fall
during the period of leave, which may include a Saturday or Sunday that forms a
part of the ordinary roster.
(g) All previous
full-time and part-time service with the RTA, the former Department of Main
Roads, Department of Motor Transport or the Traffic Authority are to be taken
into account as service when determining the appropriate rate of accrual of
long service leave for staff employed on a full-time or part-time basis with
the RTA.
(h) Permanent
service with other NSW government bodies will also be recognised by the RTA in
accordance with the Transferred Officers Extended Leave Act 1961 (NSW).
(i) Nothing in
paragraphs (g) or (h) above entitles staff to payment for previous service
recognised, where the accrual for that service has previously been taken as
long service leave or paid out on termination.
6.3.2 Effect of
approved Leave Without Pay (LWOP) on Long Service Leave Entitlements.
(a) To determine
if staff have completed the required 10 years of service:
(i) any period of
approved leave taken without pay before 13 December 1963 counts as service to
determine whether or not staff have completed 10 years of service;
(ii) any period of
approved leave taken without pay after 13 December 1963 does not count towards
the 10 years of service.
(b) Where staff
have completed 10 years' continuous service with the RTA, or as recognised in
accordance with paragraphs 6.3.1 (g) and (h) above, approved LWOP for the
reasons listed below counts as service for long service leave accrual:
(i) military
service (e.g. Army, Navy or Air Force);
(ii) major
interruptions to public transport;
(iii) periods of
leave accepted as workers compensation.
(c) For staff who
have completed 10 years continuous service, or as recognised in accordance with
paragraphs 6.3.1 (g) and (h) above, any period of approved leave without pay
not exceeding 6 months counts for the purpose of calculating length of service.
6.3.3 Taking of long
service leave
(a) Subject to RTA
approval, staff may take long service leave:
(i) at a time
convenient to the RTA;
(ii) for a minimum
period of one hour;
(iii) at full pay,
half pay or double pay.
(b) If staff take
leave at double pay:
(i) the long
service leave balance is debited the actual number of working days/hours of
leave at full pay, plus the equivalent number of working days/hours at full pay
necessary to make up the additional payment;
(ii) the
additional payment is made to staff as a taxed, non-superable allowance;
(iii) all leave
entitlements will accrue based on the actual number of working days/hours
absent from work on long service leave.
(c) If staff take
leave at half pay:
(i) the long
service leave balance will be debited at the rate of half the days/hours taken
as long service leave;
(ii) recreation
leave entitlements will accrue at half the ordinary rate for the days/hours
absent from work;
(iii) all other
entitlements will accrue based on the actual number of working days/hours
absent from work on long service leave.
(d) For staff whose
ordinary hours of work are constant, payment is made at the current rate of
pay.
(e) For part-time
staff whose ordinary hours are not constant, payment is made based on the
substantive rate of pay averaged over:
(i) the past 12
months; or
(ii) the past 5
years
whichever is the greater.
(f) Payment
includes all allowances in the nature of salary but does not include any
amounts normally paid for shift work, overtime or penalty rates.
(g) Payments will
be increased to reflect any increment action that staff become eligible for
while absent on long service leave.
(h) Staff who take
long service leave while in service may choose to be paid fortnightly or in one
lump sum in advance of taking leave.
6.3.4 Sick leave
while on long service leave
(a) Staff are only
entitled to claim sick leave that occurs during an absence on long service
leave when sick for five or more consecutive working days.
(b) To claim sick
leave, staff must provide a medical certificate for the period claimed as soon
as possible.
(c) If sick leave
is approved, the long service leave balance is re-credited with:
(i) the
equivalent period of sick leave if taking leave on a full or half pay basis; or
(ii) the
equivalent period of sick leave and the extra amount of long service leave
entitlement accessed to make up the double pay allowance if taking leave on a
double pay basis.
(d) If long service
leave is taken at double pay, the RTA will recoup any allowance already paid
for the period being claimed as sick leave.
(e) The above
apply if staff take long service leave prior to retirement but not long service
leave prior to resignation or termination of services.
6.3.5 Public holidays
while on long service leave
(a) Public
holidays that fall while staff are absent on long service leave are not
recognised as long service leave and are not deducted from the long service
leave balance.
(b) Payment for a
public holiday is calculated on the ordinary hours of work and paid at single
time even if staff have chosen to take long service leave at half-pay or double
pay.
6.3.6 Payment or
transfer of long service leave on termination
(a) Staff who are
entitled to long service leave on termination of employment, including
retirement, are paid the monetary value of the leave as a gratuity, in lieu of
taking the leave.
(b) For staff
employed on a full-time basis, payment is calculated at the substantive rate of
pay on the last day of service.
(c) Staff who have
at least five years’ service as an adult but less than seven years’ service,
are paid pro rata long service leave if employment is terminated:
(i) by the RTA
for any reason other than serious and intentional misconduct; or
(ii) by staff
request in writing on account of illness, incapacity or domestic or other pressing
necessity.
(d) In the event
(c) applying, any period of leave without pay taken does not count as service.
(e) Staff who
resign to join another Government Department, and ‘transfer’ as defined by the Transferred
Officers Extended Leave Act 1961 (NSW) are entitled to have their long
service leave accrual accepted by their new employer.
6.4 Sick leave
(a) Staff are
eligible for sick leave where it is established that leave is necessary due to
ill health.
(b) Staff are
eligible for 15 days, fully accumulative, sick leave in each calendar year
subject to compliance with the following, if required by the RTA:
(i) notifications;
(ii) the
completion of applications;
(iii) the
submission of medical certificates.
(c) Part time
staff are entitled to pro rata ordinary sick leave.
(d) Staff are
eligible for additional special sick leave if they:
(i) have at least
ten years' service recognised by the RTA;
(ii) have been or
will be absent for more than three months; and
(iii) have
exhausted or will exhaust available paid sick leave.
(e) Staff who are
eligible for additional special sick leave may be granted:
(i) one calendar
month additional special sick leave for each ten years of service; and
(ii) an additional
ten calendar days less all additional special sick leave previously granted.
(f) If any
special sick leave is taken during service, the entitlement to special sick
leave will be reduced by the amount of special sick leave already taken.
6.5 Maternity
leave
(a) Female staff
are entitled to maternity leave to enable them to retain their position and
return to work within a reasonable time after the birth of their child.
(b) Unpaid
maternity leave may be granted on the following basis:
(i) up to nine
weeks before the expected date of birth;
(ii) up to 12
months after the actual date of birth.
(c) Permanent
staff may be granted paid maternity leave if they have completed at least 40
weeks’ continuous service in the NSW public sector prior to the expected date
of birth of their child at the ordinary rate of pay for:
(i) fourteen
weeks at full pay; or
(ii) 28 weeks at
half pay; or
(iii) a combination
of the two options above.
(d) The equivalent
pay for the period of leave can be requested as a lump sum, paid in advance of
starting maternity leave.
(e) The lump sum
payment will be made up to the maximum period indicated or for the period of
leave actually taken, whichever is the lesser.
(f) Staff who
choose to take paid maternity leave as a lump sum and request to return to work
before the period of leave is completed, must repay the remainder of the lump
sum amount.
(g) Staff who
receive payment under this clause are not entitled to any payment under clause
6.7. Parental Leave.
(h) Where staff
are on one form of leave and their child is born before the expected date of
birth, maternity leave commences from the date of birth of the child.
6.6 Adoption leave
(a) Staff are
entitled to adoption leave if they are the person who assumes the primary role
in providing care and attention to the child.
(b) Adoption leave
starts from the date of taking custody of the child.
(c) Unpaid
adoption leave is available to all permanent staff and may be taken as:
(i) short
adoption leave, being three weeks on leave without pay;
(ii) extended
adoption leave up to 12 months on leave without pay including any short or paid
adoption leave.
(d) Paid adoption
leave may be granted to permanent staff who have completed at least 40 weeks’
continuous service in the NSW public sector prior to taking custody, at the
ordinary rate of pay for:
(i) fourteen
weeks; or
(ii) 28 weeks at
half pay; or
(iii) a combination
of the two options above.
(e) The equivalent
pay for the period of leave can be requested, as a lump sum, paid in advance of
starting adoption leave.
(f) Payment will
be made up to the maximum period indicated or for the period of leave actually
taken, whichever is the lesser.
(g) Staff who
choose to take paid adoption leave as a lump sum and request to return to work
before the period of leave is completed must repay the remainder of the lump
sum amount.
(h) Staff who
receive payment under this clause are not entitled to any payment under clause
6.7. Parental Leave.
(i) Where both
partners are employed in the public sector, adoption leave will only be granted
to one partner for each adoption.
6.7 Parental Leave
(a) Staff who are
not entitled to maternity or adoption leave may be entitled to unpaid parental
leave to enable them, as a parent, to share in the responsibility of caring for
their child or children.
(b) Staff employed
on a full-time or part-time basis who have completed at least 40 weeks
continuous service in the NSW public sector, are entitled to paid parental
leave of:
(i) one week at
full ordinary pay; or
(ii) two weeks at
half ordinary pay
with the remainder of the requested leave being unpaid
leave.
(c) Unless
otherwise agreed, the entitlement to paid parental leave will be paid at full
ordinary pay for the first five days of approved leave as set out in (b).
(d) Parental leave
approved by the RTA may be taken as:
(i) short
parental leave for an unbroken period of up to five working days at the time of
the birth or other termination of their spouse’s or partner’s pregnancy or, in
the case of adoption, from the date of taking custody of their child or
children;
(ii) extended
parental leave for a period not exceeding 12 months, less any paid or short
parental leave already taken as outlined above.
(e) Extended
parental leave may commence at any time within two years from the date of birth
of the child or the date of placement of the adopted child and leave may be
taken:
(i) full-time for
a period not exceeding 12 months; or
(ii) part-time
over a period not exceeding two years; or
(iii) partly
full-time and partly part-time over a proportionate period of up to two years.
6.7A Communication
during Maternity, Adoption and Parental Leave
(a) Where an
employee is on maternity, adoption or parental leave and a definite decision
has been made to introduce significant change at the workplace, the RTA shall
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 maternity, adoption or parental leave;
(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 maternity, adoption or parental leave.
(b) The employee
shall take reasonable steps to inform the RTA about any significant matter that
will affect the employee’s decision regarding the duration of maternity,
adoption or 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 RTA of changes of address or other contact details which
might affect the RTA’s capacity to comply with paragraph (a).
6.7B Rights of request
during Maternity, Adoption or Parental Leave
(a) An employee
entitled to maternity, adoption or parental leave may request that the RTA
allow the employee:
(i) to extend the
period of unpaid maternity, adoption or parental leave for a further continuous
period of leave not exceeding 12 months;
(ii) to return
from a period of maternity, adoption or 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 RTA 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 refuse the request only on reasonable grounds related to
the effect on the workplace or the RTA’s business. Such grounds might include
cost, lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
(c) The employee’s
request and the RTA decision in writing.
The employee’s request and the RTA’s decision made
under paragraph (a) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
paragraph (a), dot point 2, 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 maternity, adoption or parental leave.
6.8 Study leave
(a) Staff are
entitled to paid study leave if they are studying a course which:
(i) is
appropriate to their present classification; or
(ii) provides
progression or reclassification opportunities relevant to the RTA.
(b) Study leave
will be granted on the following basis:
(i) face-to-face
students:
1. half an hour
for every hour of lectures, up to a maximum of four hours per week; or
2. 20
days per academic year, whichever is the lesser.
(ii) correspondence
students:
1. half an hour
for every hour of lecture attendance involved in the corresponding face-to-face
course, up to a maximum of four hours per week; or
2. 20 days per academic
year, whichever is the lesser.
6.8.1 Examination and
pre-examination leave
(a) To assist
staff attempting final examinations in courses for which study leave has been
approved and to free them from work immediately prior to an examination, staff
will be given a maximum of:
(i) five days'
paid examination leave per calendar year for time occupied in travelling to and
from and attending the examination;
(ii) half a day
for pre-examination leave on the day of examination, up to a maximum of five days
per calendar year.
6.9 Military leave
(a) Staff who are
part-time members of naval, military (including 21st Construction Regiment) or
air force reserves will be eligible for military leave each 12 months
commencing 1 July on the following basis:
(i) Military
forces:
14 calendar days annual training;
14 calendar days instruction school, class or course.
(ii) Naval
forces:
13 calendar days annual training;
13 calendar days instruction school, class or course.
(iii) Air force:
16 calendar days annual training;
16 calendar days instruction school, class or course.
(iv) an additional
grant of up to four calendar days for additional obligatory training.
6.10 Special leave
(a) Staff will be
granted special leave for jury service.
(b) In accordance
with Human Resources Policy 8.14, Special Leave, staff may also be granted paid
special leave for certain activities which are not regarded as being on duty
and which are not covered by other forms of leave. Activities may include:
(i) transfer
(ii) as a witness
when called or subpoenaed by the Crown
(iii) emergency
volunteers
(iv) emergency or
weather conditions
(v) trade union
activities/training
(vi) ex-armed
services personnel: Medical Review Board etc.
(vii) National
Aborigines' Day
(viii) miscellaneous:
- graduation
ceremonies
- returning
officer
- local
government - holding official office
-
superannuation seminars
-
naturalisation
- bone marrow
donors
- exchange
awards - Rotary or Lions
- professional
or learned societies
6.11 Leave without
pay
Staff may be granted a maximum of three years’ leave
without pay. Leave without pay is
calculated in calendar days.
6.12 Family and
community service leave
(a) Staff may be
granted family and community service leave:
(i) for reasons
related to the family responsibilities of the staff member; or
(ii) for reasons
related to the performance of community service by the staff member; or
(iii) in a case of
pressing necessity.
(b) The maximum
amount of family and community service leave payable at ordinary rates that may
be granted to a staff member is:
(i) in the first
12 months of service - 19 hours for staff working a 38 hour week; or
(ii) after
completion of 12 months' service - in any period of two years, 38 hours after
the first year of service; or
(iii) 7.6 hours for
each completed year of service after 2 years’ continuous service, less any
family and community service leave and short leave already taken by the staff
member, whichever is the greater.
(c) Family and
community service leave is available to part-time staff on a prorata basis,
based on the number of hours worked.
(d) Where family
and community service leave has been exhausted, additional paid family and
community service leave of up to 3 days may be granted on a discrete, ‘per
occasion’ basis to a staff member to cover the period necessary to arrange or
attend the funeral of a family member or relative.
(e) For the
purposes of this subclause, ‘family’ means a staff member’s:
spouse;
de facto spouse, being a person of the opposite sex who
lives in the same house as their husband or wife on a bona fide basis, although
they are not legally married;
child or adult child (including an adopted child, step
child, foster child or ex-nuptial child);
parent (including a foster parent or legal guardian);
grandparent or grandchild;
sibling (including the sibling of a spouse or de facto
spouse);
same sex partner who they live with as a de facto
partner on a bona fide domestic basis; or
relative who is a member of the same household where,
for the purposes of this definition:
'relative' means a person related by blood, marriage,
affinity or Aboriginal kinship structures;
'affinity' means a relationship that one spouse or
partner has to the relatives of another; and
'household' means a family group living in the same
domestic dwelling.
(f) Subject to
approval, accrued sick leave may be accessed when family and community service
leave has been exhausted, to allow staff to provide short-term care or support
for a family member who is ill.
(g) Access to
other forms of leave is available to staff for reasons related to family
responsibilities or community service, subject to approval. These include: accrued recreation leave,
leave without pay, time off in lieu of payment for overtime and make up time.
(ga) Other forms of
leave and carer's responsibilities
A staff member may elect, with the RTA’s agreement, to
take annual leave at any time within a period of 24 months from the date at
which it falls due.
(h) Depending on
the circumstances, an individual form of leave, or a combination of leave
options may be taken. It is the RTA’s
intention that each request for family and community service leave be
considered equitably and fairly.
(i) A staff
member appointed to the RTA who has had immediate previous employment in the
NSW Public Sector may transfer their family and community service leave
accruals from the previous employer.
7. Other Conditions
7.1 Deduction of
Union Membership Fees
(a) The ETU shall
provide the RTA with a schedule setting out union fortnightly membership fees
payable by members of the ETU in accordance with the ETU’s rules.
(b) The ETU shall
advise the RTA of any change to the amount of fortnightly membership fees made
under its rules. Any variation to the
schedule of union fortnightly membership fees payable shall be provided to the
RTA at least one month in advance of the variation taking effect.
(c) Subject to (a)
and (b) above, the RTA shall deduct union fortnightly membership fees from the
pay of any employee who is a member of the ETU in accordance with the ETU's
rules, provided that the employee has authorised the RTA to make such
deductions.
(d) Monies so
deducted from employees’ pay shall be forwarded regularly to the ETU together
with all necessary information to enable the ETU to reconcile and credit
subscriptions to employees' union membership accounts.
(e) Unless other
arrangements are agreed to by the RTA and the ETU, all union membership fees
shall be deducted on a fortnightly basis.
(f) Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
7.2 Grievance
resolution and dispute settlement
7.2.1 Grievance
resolution
(a) A grievance is
defined as a personal complaint or difficulty.
A grievance may:
(i) relate to a
perceived denial of an entitlement;
(ii) relate to a perceived
lack of training opportunities;
(iii) involve a
suspected discrimination or harassment.
(b) The RTA has
grievance resolution policy, guidelines and procedures which should be observed
when grievances arise because of this Award.
(c) The policy,
guidelines and procedures are detailed in Appendix C.
(d) While the
policy, guidelines and procedures are being followed, normal work will
continue.
7.2.2 Dispute
settlement
(a) A dispute is
defined as a complaint or difficulty which affects more than one staff member.
A dispute may relate to a change in the working conditions of a group of staff
which is perceived to have negative implications for those staff.
(b) It is essential
that management and the ETU consult on all issues of mutual interest and
concern, not only those issues that are considered likely to result in a
dispute.
(c) Failure to
consult on all issues of mutual interest and concern to management and the ETU
is contrary to the intention of these procedures.
1. If a dispute
arises in a particular work location which cannot be resolved between a staff
member or their representative and the supervising staff, the dispute must be
referred to the RTA's Manager of the Industrial Relations Section or another
nominated officer who will then arrange for the issue to be discussed with the
ETU.
2. If the issue
cannot be resolved at this level, the issue must be referred to senior
management.
3. If the issue
cannot be resolved at this level, the issue must be referred to the Industrial
Relations Commission of New South Wales.
4. While these
procedures are continuing, no work stoppage or any other form of work
limitation shall occur and the status quo existing prior to the dispute shall
remain.
5. The ETU
reserves the right to vary this procedure where a safety factor is involved.
7.2.3 Disputes
relating to OH&S
(a) The RTA and
Traffic Signals Staff are committed to the Occupational Health and Safety
Act 2000 and other relevant statutory requirements at all times.
(b) When an
OH&S risk is identified or a genuine safety factor is the source of
dispute:
1. staff have a
duty to notify the RTA of the risk through their Occupational Health and Safety
Committee and to allow the RTA a reasonable amount of time to respond;
2. the RTA has a
duty to address the issue identified and report on the issue within a
reasonable timeframe.
(c) the
notification to WorkCover without allowing the RTA a reasonable amount of time
to respond to the issue is a breach of the legislative provisions.
(d) The RTA respects
the right of staff to refuse to continue work owing to a genuine safety issue.
(e) The unions and
wages staff acknowledge that the creation of an industrial dispute over an
OH&S matter that is not legitimate is a breach under s.25 of the Occupational
Health and Safety Act.
7.3 Anti-Discrimination
(a) 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.
(b) 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 the effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provisions of the award, which by its terms or operation, has a direct
or indirect discriminatory effect.
(c) 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.
(d) Nothing in
this clause is to be taken to effect:
1. Any conduct or
act which is specifically exempted from anti-discrimination legislation;
2. Offering or
providing junior rates of pay to persons under 21 years of age;
3. Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
4. A party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(e) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(1) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(2) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the 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."
This award is made on the understanding that the
salaries and conditions existing for employees at the date on which this award
takes effect shall not be reduced merely as a consequence of the coming into
operation of this award.
8. Leave Reserved
Leave is reserved for the parties to discuss the operation
and quantum of the on call allowance during the life of this Award.
Part B
MONETARY RATES
SALARY INCREASES
Classification
|
|
+4% Operative
1/7/2007
|
|
|
($)
|
Grade 4
|
|
|
|
Year 1
|
50,365
|
|
Year 2
|
52,341
|
|
Year 3
|
54,398
|
|
|
|
Grade 5
|
|
|
|
Year 1
|
56,269
|
|
Year 2
|
58,084
|
|
Year 3
|
59,134
|
|
|
|
Grade 6
|
|
|
|
Year 1
|
60,432
|
|
Year 2
|
6,2264
|
|
Year 3
|
64,304
|
|
|
|
Grade 8
|
|
|
|
Year 1
|
72,187
|
|
Year 2
|
75,116
|
|
Year 3
|
77,463
|
|
|
|
Appendix A
Workplace reform
A1 Parties to the
award
The parties bound by the Award are the:
- Roads and
Traffic Authority of New South Wales; and
- Electrical
Trades Union of Australia, New South Wales Branch
A2 Enterprise
bargaining infrastructure
Implementation of continuous improvement will be based
on consultation. The following bodies will assist in facilitating a
consultative and participative approach.
A2.1 RTA's Single
Bargaining Unit (SBU)
A joint advisory group, to be called the Single
Bargaining Unit, consisting of nominated representatives from the ETU and RTA
management will meet regularly and continue to oversee the development,
negotiation and implementation of an agreed enterprise bargaining agenda to
ensure:
-
|
a consistent approach;
|
-
|
an effective implementation
process in order to achieve the agreed outcomes within the
|
|
allotted time frames;
|
-
|
the achievement of sustainable
and measurable productivity improvements.
|
A2.2 Project teams
Project teams will be established, if required to
oversee the technical development and implementation of the RTA’s workplace
reform agenda items.
Project teams will be under the managerial control of
an RTA Project Manager and will include both RTA and ETU nominated staff
representatives.
The project teams will provide regular reports to, and
as requested by, the SBU and will refer any problems which cannot be resolved
at the project level to the SBU for determination.
A2.3 Staff task groups
Staff task groups will be established as required to
research and provide recommendations in line with the agreed terms of
reference.
A2.4 Regional
consultative groups
Regional consultative groups will continue in each
region of the Operations Directorate and will include both RTA nominees and ETU
nominated staff.
The groups' role will continue to promote positive
co-operation in overseeing the implementation of each of the RTA’s workplace
reform agenda areas within the directorates and to resolve any localised issues
including industrial problems that arise during the implementation process.
The groups will provide regular minutes/reports to, and
as requested by, the SBU and will refer any problems which cannot be resolved
at the directorate level to the SBU for determination.
A2.5 General
principles
(a) The SBU,
project teams and regional consultative groups will circulate to these groups
minutes of their respective meetings.
(b) Staff assigned
to a project team, task group or regional consultative group will be released
from their normal duties, as required to carry out the responsibilities to
which they have been assigned. Should any problems arise related to such
release, they will be referred to the SBU.
(c) Regional
consultative groups will:
-
|
be chaired (to be shared) by
the ETU and RTA staff representatives
|
|
|
-
|
develop and implement a
communication plan to ensure that directorate staff are kept
|
|
fully informed of the work of
the group and the ongoing implementation of the
|
|
enterprise bargaining process
across the directorate.
|
(d) The SBU,
project teams and regional consultative groups will be able to second a staff
member to the respective body if such staff member has special expertise
relevant to the issue(s) being considered.
(e) Nominated
representatives and group members will have relevant training to assist them in
their roles.
(f) The SBU,
project teams, task groups and regional consultative groups will be
appropriately resourced in regard to clerical backup, time, provision of
information and other identified needs.
A3 Commercialisation
The ETU and staff agree to co-operate in the
implementation of a commercialisation focus as the basis for the RTA’s business
principles and practices to ensure the most efficient utilisation of resources,
by adopting the RTA’s business rules and by developing achievable performance
and productivity measurement targets.
A4 Process
improvement
The RTA, the ETU and staff are committed to ensuring
effective and efficient customer service and product delivery by analysing and
recommending changes in processes, systems or procedures which will result in
improvement in productivity and/or the elimination of duplication and waste.
The regional consultative groups will under the
direction of the SBU:
-
|
monitor the development and
implementation of process improvement at the directorate and
|
|
regional level;
|
|
|
-
|
provide appropriate updates,
reports and recommendations to the SBU.
|
A5 Competency based
training
The parties recognise the need for greater efficiency
and productivity improvements which require a greater commitment to training
and skill development. This commitment
includes:
-
|
acknowledgement of skills
held;
|
|
|
-
|
developing a more highly
skilled and flexible workforce;
|
|
|
-
|
providing staff with the
opportunity to acquire additional skills through appropriate training,
|
|
thereby improving career
opportunities;
|
|
|
-
|
ensuring equality and
fairness of access to training for all Staff based on organisational need
|
|
to increase flexibility and
productivity;
|
|
|
-
|
removing barriers to the use
of skills acquired, thus providing greater flexibility and
|
|
efficiency for the
organisation and greater variety and job satisfaction for Staff.
|
To ensure that staff meet the required agreed
competencies for their classification, RTA organised training programs will be
conducted in paid time and within ordinary working hours, where practicable.
A6 Performance
planning and feedback
The RTA will implement a performance planning and
feedback scheme that applies to all Staff and is:
-
|
implemented in consultation
with the ETU that will link performance in the work place with
|
|
the goals of the RTA, its
regions and work units;
|
|
|
-
|
supported by appropriate
training;
|
|
|
-
|
evaluated and monitored by
the SBU.
|
This scheme recognises and reflects the increasing
importance of teams in the RTA and their contribution to service and quality.
The parties are committed to:
-
|
ensuring teams and staff
understand the relationship or interdependence of their role with
|
|
other teams and staff;
|
|
|
-
|
clearly defining expectations
for each team and staff member against the agreed goals of the
|
|
RTA and productivity
standards;
|
|
|
-
|
ensuring each team and staff
member clearly understands the RTA’s objectives, their work
|
|
unit's goals and how their
role is integral to the achievement of these objectives and goals;
|
|
|
-
|
obtaining feedback from teams
and Staff on the RTA's work practices, management practices
|
|
and possible innovations;
|
|
|
-
|
encouraging teams and Staff
to participate in their work unit’s decision making process.
|
A7 Conditions of
employment
(a) The parties
are committed to the development and implementation of changes in conditions of
employment that are customer focused and are equitable in application. Any changes will be:
-
|
developed and implemented in
consultation with the ETU to link performance in the work
|
|
place with the goals of the
RTA;
|
|
|
-
|
evaluated and monitored by
the SBU.
|
(b) In making this
commitment, the parties accept, in principle, the need to:
-
|
review current work practices
to ensure that they are customer focused and maximise the
|
|
effective and efficient use
of resources;
|
|
|
-
|
review and rationalise
administrative procedures;
|
|
|
-
|
reduce and update
documentation;
|
|
|
-
|
ensure, where possible,
consistent working conditions for all Staff;
|
|
|
-
|
provide opportunities for all
Staff to better manage their working and personal lives;
|
|
|
-
|
review current work patterns
to investigate flexible work arrangements which better meet
|
|
Staff and customers’ needs.
|
A8 Work environment
(a) Occupational
health and safety
The RTA is committed to achieving and maintaining an
accident free and healthy workplace.
This will be achieved by:
-
|
implementation of appropriate
health and safety practices and procedures;
|
|
|
-
|
appropriate management
policies and practices;
|
|
|
-
|
the active and constructive
involvement of all Staff; and
|
|
|
-
|
management and staff member
representatives participation on safety committees.
|
The RTA and Staff will seek to comply with the Occupational
Health and Safety Act 2000 and other relevant statutory requirements at all
times.
The RTA will encourage Staff to take a constructive
role in promoting improvements in occupational health, safety and welfare to
assist the RTA in achieving a healthy and safe working environment.
(b) Equality of
employment
The RTA is committed to providing employment which
promotes the achievement of equality in employment as an effective management
strategy.
(c) Harassment
free workplace
Harassment on the grounds of sex, race, marital status,
physical or mental disability, sexual preference or age is unlawful in terms of
the Anti-Discrimination Act 1977.
The RTA is committed to ensuring that Staff work in an
environment free of harassment.
Staff are required to refrain from, or being a party
to, any form of harassment in the workplace.
For further details, refer to the RTA’s policy and
guidelines for an harassment free workplace as set out in the Human Resources
Manual.
A9 Consultation on
excess staff
The RTA is committed to managing excess staff through a
consultative approach in accordance with Government policy and continuous
improvement strategies.
The parties are committed to the development and
implementation of a process which will ensure equitable treatment of excess
staff throughout the RTA.
Such a process will include appropriate training,
career and financial assistance counselling, provision of equipment and
participation in the RTA's Job Assist Scheme.
The implementation of any clause in this Award is not
intended to cause any forced redundancies.
It is not the intention that any clause in this Award
will prevent the RTA managing excess staff in accordance with Government policy
and through a consultative process with staff and the ETU.
A10 Contractors'
protocol
Where work is to be carried out by contract, including
sub-contract, the RTA will:
-
|
abide by the provisions of
the Industrial Relations Management Guidelines, December 1999, as
|
|
developed by the NSW
Government’s Construction Policy Steering Committee;
|
|
|
-
|
ensure that all tenders are
properly scrutinised to ensure that prospective tenderers would, if
|
|
successful, be paying award
rates, providing award conditions and complying with other statutory
provisions and RTA specified standards including but not limited to the RTA's
safe working procedures, RTA's traffic control procedures and RTA's quality
standards and the provisions set out in A8, Work environment;
|
|
|
-
|
on being advised or otherwise
becoming aware that a contractor or sub-contractor is not paying
|
|
award rates, providing award
conditions or complying with any other statutory provisions and RTA standards
including but not limited to RTA's safe working procedures, RTA's traffic
control procedures and RTA's quality standards, as set out in clause 1.9 Work environment, will take necessary
action to ensure that the situation is immediately rectified. Should the contractor or sub-contractor
continue to breach the provision then appropriate action including
termination of contract will, if appropriate, be implemented.
|
A11 Agreed procedures
for market testing and contracting out
Where work is presently carried out by RTA staff, the
parties agree that the Government's policy on Market Testing and Contracting
Out will be observed. If increased
efficiency through contracting out is to be considered, full consultation on
all aspects, including the contracting out process and the capacity of Staff to
perform the work to contractual specifications, will take place between the RTA
and the ETU before initiating any change to operations presently carried out by
RTA staff.
This is to ensure that all parties are informed of
plans and Staff can offer input, seek clarification of issues and be kept
abreast of major developments. (See
Appendix D for Principles, Definitions and Consultative Process).
A12 Unplanned
absenteeism (Sick leave)
The parties are committed during the life of the Award
to finalising the development and implementation of strategies to identify the
underlying causes of unplanned absenteeism, develop staff awareness of the
problem(s) and to introduce initiatives to address the causes.
Staff who have a good employment and sick leave record
and who have been suffering from a genuine prolonged illness will continue to
be entitled, by Chief Executive approval, to paid sick leave should they
exhaust their paid sick leave entitlement.
A13 Spread of hours
The hours and patterns of work for Staff may be
reviewed during the life of this Award, if required, to better suit the needs
and operational requirements of the RTA’s traffic signals undertakings. Such
considerations may include:
- occupational
health and safety issues;
- quality of
working life;
- recognition
of family responsibilities;
- shift work
patterns;
- adequate
remuneration for Staff who undertake shift work;
- rostering
arrangements; and
- programmed
overtime.
A14 Consultation
The parties agree that in order to maximise the
benefits that can be obtained through the consultative process there is a need
for full and open consultation on all relevant issues affecting Staff and the
ETU.
The parties are committed to timely and effective consultation
which will provide Staff and the ETU with the opportunity for input into such
matters that impact upon them prior to their implementation.
A15 Communication
The parties agree to continue to implement initiatives
designed to ensure that there are structured communication processes between
the RTA’s corporate and other directorates, regional and frontline areas to
ensure timely and accurate upward and downward feedback.
A16 Casual and
limited duration employment
The parties agree to enter into negotiations concerning
the employment and conditions of casual and limited duration staff.
A17 HIAB, Driving and
compressor allowances
The parties agree to enter negotiations concerning the
payment of allowances for operating a HIAB and a compressor and an allowance
for driving vehicles.
A18 Meal allowances
The parties agree to enter negotiations concerning the
payment of meal allowances for staff when travelling outside their headquarters
in the Sydney, Newcastle and Wollongong Transport Districts.
A19 Austel licence
The parties agree to enter into negotiations concerning
staff gaining the appropriate Austel License.
A20 First aid
The parties agree to enter negotiations concerning the
provision of first aid training and entitlements.
A21 Work apparel
The RTA agrees to provide staff with work apparel. The
style and quantum of work apparel issued to supervisory staff will be
commensurate with the work apparel provided to Works Supervisors and
Surveillance Officers. Any final application of work apparel to supervisory
staff will be agreed by a working party consisting of representatives of the
RTA and the ETU.
Appendix B
IMPLEMENTATION
B1 Rescinding of
previous awards
This award rescinds and replaces the Crown Employees
(Roads and Traffic Authority of New South Wales - Traffic Signals Staff) Award
published 9 September 2005 (353 I.G. 803) and substitutes for the award
erroneously published on 20 April 2007 (362 I.G. 588).
B2 Duration of the
award and operative dates for future salary increases
(a) This Award
will take effect from 1 July 2007 and will operate for a period of one year.
(b) Staff covered
by this Award will receive a 4% increase in base rates of pay payable from the
first full pay period to commence on or after 1 July 2007.
(c) The increases
in base rates will be paid in consideration of the acceptance of this
Award. The new base rates are set out
in the table Salary Increases, of Part B Monetary Rates.
B3 Negotiating the
next award
The parties agree to begin negotiations for a new award
at least six months prior to the expiration of this Award.
Appendix C
GRIEVANCE
RESOLUTION
Policy
The RTA's grievance resolution policy provides a system for
managing internal grievances which:
-
|
recognises the right of an
individual to raise any concern about work-related issues and expect a
|
|
prompt and fair response;
|
|
|
-
|
encourages appropriate
behaviour in the workplace;
|
|
|
-
|
raises and maintains high
standards of morale and work satisfaction by providing a work
|
|
environment where the full
potential of each staff member can be realised.
|
All managers have a responsibility to identify and resolve,
as far as possible, causes of stress to workers under their control without
waiting for a grievance to be expressed first.
Every staff member has a responsibility to avoid treating
co-workers in a way that will cause distress.
Guidelines
Definitions
(a) Grievant
The grievant is the person who raises the
grievance. There may be more than one
grievant involved in a grievance.
(b) Respondent
The respondent is the staff member who is alleged to:
-
|
have acted unfairly or in a
discriminatory manner;
|
|
|
-
|
be the instigator of the
cause of the grievance.
|
There may be more than one respondent involved in a
grievance.
(c) Grievance
Adviser
The Grievance Adviser:
-
|
is the person who listens to
a grievance, offers advice and clarifies the facts of the issue in
|
|
question to enable the
grievant to decide what the appropriate action is;
|
|
|
-
|
may also participate in any
discussions or mediation as a support person but not as an
|
|
advocate for the grievant;
|
|
|
-
|
does not have responsibility
for resolving grievances through either action or decisions.
|
The person responsible for resolving grievances through
action or decision is the appropriate supervisor or manager.
To provide individuals with increased flexibility in
seeking advice regarding any work-related problem, staff members in the
following positions within the RTA have been nominated as grievance advisers:
-
|
Human Resources Managers
|
-
|
EEO Manager
|
-
|
Spokeswomen
|
-
|
Women's Liaison Officer
|
-
|
Director of Affirmative
Action
|
-
|
Grievance Contact persons
|
-
|
Aboriginal Liaison Officer.
|
General Principles of Grievance Resolution
(a) The grievance
resolution guidelines are based on the following general principles:
-
|
staff involved in grievance
resolution should have access to training;
|
|
|
-
|
the immediate supervisor or
manager should be informed in the first instance of the grievance,
|
|
wherever possible, so that
appropriate action can be taken;
|
|
|
-
|
staff members must have an
appropriate degree of choice about whom to approach and,
|
|
ideally, have a choice of
actions;
|
|
|
-
|
grievances can be raised
either orally or in writing;
|
|
|
-
|
grievances are to be resolved
as promptly as possible;
|
|
|
-
|
where a grievance
legitimately requires time for investigation:
|
·
|
an initial response advising
of the proposed actions is to be made to the grievant within
|
|
two days of the grievance
being made;
|
|
|
·
|
the investigation is to be
completed within a reasonable time frame (usually no longer
|
|
than four weeks);
|
-
|
all functional managers will
manage grievances with understanding, care and consideration;
|
|
|
-
|
the rights of every person
involved are protected;
|
|
|
-
|
the grievant has control of
the resolution process except in certain cases eg where the RTA
|
|
may be liable or where
criminal charges may be laid;
|
|
|
-
|
other staff may become
involved in grievance resolution:
|
·
|
as and when required;
|
|
|
·
|
in order to provide specialised
assistance;
|
|
|
·
|
to meet the special needs of
EEO target group members;
|
-
|
the confidentiality and the
integrity of every person involved will be maintained;
|
|
|
-
|
victimisation of any person
involved is totally unacceptable;
|
|
|
-
|
resolution should be
determined in a way that is satisfactory to those involved and especially
|
|
to the grievant wherever
possible.
|
Interpreters
(a) Language and
sign interpreters are available and should be used where necessary at any stage
of the grievance process.
(b) Use only
professional interpreters to minimise the risk to privacy and of error. Where a
non-professional interpreter raises a grievance on behalf of another person eg
a friend or colleague, limit the amount of information being given to the fact
that the grievant is making a complaint.
(c) The
non-professional interpreter may only continue to contribute to the situation
as a support person if requested to do so by the grievant.
External Referral Sources
(a) Staff members
have the right to choose whether to use:
- the internal
grievance mechanism;
- an external
body.
(b) They may
approach either or both at any time during the course of the grievance.
(c) The list of
sources of external assistance detailed below is not exhaustive and is a guide
only:
- the ETU;
-
Anti-Discrimination Board of NSW;
- Government
and Related Employees Appeal Tribunal (GREAT);
- Industrial
Relations Commission (with representation by the appropriate
association/union);
- Ombudsman;
- Privacy Committee
of NSW.
(d) The RTA must
be advised if a staff member approaches an external body during the course of a
grievance.
Protection
(a) A grievant is
protected against any action for defamation by the defence of qualified
privilege, provided:
-
|
the grievance is raised in
accordance with these established procedures;
|
|
|
-
|
the grievant does not
intentionally make a malicious or substantially frivolous complaint;
|
|
|
-
|
the grievant does not publish
or make information about the grievance available to persons
|
|
who have no legitimate
interest in receiving it.
|
(b) Any staff
member who carries out grievance resolution in accordance with established
procedures or who is required to prepare a report concerning another member of
staff is protected against any action for defamation by the defence of
qualified privilege provided that he or she:
-
|
is not actuated by malice;
|
|
|
-
|
does not publish or make
information about the grievance available to persons who have no
|
|
legitimate interest in
receiving it.
|
Documentation
(a) Grievance
resolution should be managed as simply as possible. Keep informal notes brief
and factual and do not include personal opinions.
(b) All parties
involved must be given the opportunity to sight and endorse all material.
(c) The Grievance
Adviser should retain all documentation until twelve months after the grievance
has been resolved. Keep the material confidential and separate to personal
files.
(d) Do not make
any notations on personal files unless a disciplinary charge has been found
proved. In this case place only the results of the charge on the personal file
of the person charged.
Training
(a) Training
courses concentrating specifically on the resolution of grievances will be made
available to grievance advisers and as many staff members likely to be involved
in grievance resolution as possible.
Assessing Grievance Resolution
(a) A grievance
should only be regarded as satisfactorily resolved when the outcome is fair
with regards to:
- any damage
and suffering sustained;
- the prognosis
for the future;
- improvement
of the immediate circumstances which gave rise to the grievance.
(b) The resolution
to a grievance must be lawful.
(c) In some cases
a final determination may be reached which does not fully resolve the grievance
or there is no possible action which can be taken but the parties accept this.
The grievance is therefore considered concluded but not resolved.
(d) A grievance is
also considered to be concluded but not resolved when a grievant chooses to
withdraw.
(e) In the terms
of this policy, a respondent has a right to expect that any penalty or
disciplinary action will be appropriate to the degree of culpability or fault
if proven or substantiated, taking into consideration any damage or suffering sustained
by the grievant, and the potential for future problems.
Appeal Right
(a) Any staff
member who is dissatisfied with his or her treatment in terms of these
procedures may appeal to the Director or Chief Executive for a re-examination
of the decision.
(b) This appeal
right does not in any way diminish a staff member's right to seek the
assistance of representative of his or her trade union or association in the
matter.
Grievance Resolution Procedures
(a) Any manager,
supervisor or Grievance Adviser consulted by a grievant should:
-
|
listen and be sympathetic to
any distress exhibited by the grievant;
|
|
|
-
|
be aware of their own
limitations and the grievant's insecurity and fears as to the possible
|
|
repercussions of lodging a
grievance:
|
-
|
clarify the facts of the
grievance;
|
|
|
-
|
ensure the confidentiality
and protection of all parties involved;
|
|
|
-
|
wherever possible, take into
account the grievant's wishes regarding the process of
|
|
resolution;
|
|
|
-
|
ensure the right of the
respondent to be heard before any decision is made;
|
|
|
-
|
if resolution is not
possible, conclude the grievance by advising the grievant of the:
|
·
|
reasons;
|
|
|
·
|
right of appeal;
|
|
|
·
|
external options.
|
(b) In addition,
if you are:
- acting as a
Grievance Adviser:
·
|
offer counsel and advice;
|
|
|
·
|
refer the grievant to an
appropriate functional manager. Usually this is the grievant's
|
|
immediate supervisor or
manager unless there is a good reason for the referral to be made to a more
senior manager eg the immediate supervisor/manager is absent or is the
respondent;
|
- the
supervisor or manager, take the appropriate steps to investigate and resolve
the grievance.
Appendix D
Market Testing and
Contracting Out
Principles,
Definitions and Consultative Process
Principles
Selection of an Area of Work to Market Test
The following principles underlie the selection of an area
of work for market testing:
(a) The area of
work should be capable of being defined precisely. It should allow clear boundaries to be specified and
relationships with other areas of work to be defined.
(b) The area of
work should be capable of being expressed in terms of outcomes rather than the
RTA having to define how the work is to be done.
(c) The
performance of an in-house team or contractor completing the work should be
capable of being accurately measured so that cost and quality are able to be
clearly determined.
(d) There should
be clear competition among bidders for the area of work.
(e) If the work is
contracted out, there should be clear opportunity to penalise or replace
contractors for poor or non-performance without causing significant
interruption to RTA business.
(f) There should
be a reasonable expectation that cost-effectiveness improvements are possible.
(g) The Market Testing
process need be applied only when the scope and nature of the project is such
that there would be "value for money" in doing this. That is, the financial and other costs of
running the process should be justifiable in terms of the expected financial
and non-financial benefits.
Conduct of Market Testing Projects
The following principles underlie the conduct of a market
testing project:
(a) Consultation
with staff and their representatives must be an integral part of the process
(see definition of consultation below).
(b) Market testing
of an area of work will not necessarily lead to contracting out of that
work. The decision to contract out an
area of work or retain it in-house must be based on a robust analysis of costs,
benefits and risks, both financial and non-financial. Issues to be considered include but are not limited to:
·
|
track record of performing
work of that type and quality of past work, including consideration
|
|
of any examples of
non-performance in the past
|
·
|
reports from reference sites
|
|
|
·
|
past performance in
management of sub-contractors
|
|
|
·
|
fitness and quality of the
process proposed by the bidder
|
|
|
·
|
financial stability of the
firm
|
|
|
·
|
ability to meet statutory
requirements, including occupational health and safety requirements,
|
|
and
|
|
|
·
|
calibre of the key people
involved in delivery of the work.
|
(c) Fair and
effective competition must be maintained among all bidders, including in-house
bid teams. Probity processes must be in
place to ensure no advantage is gained by one bidder over and others but care
must be taken to ensure that probity processes are not so onerous that they
disadvantage any bidders or place heavy costs on the process.
(d) The market
testing process used should facilitate innovation by bidders (including
in-house bidders) and support the pursuit of "best practice". This implies that internal bid teams should
be adequately resources and have access to the relevant expertise in
formulating their bids. (NB. The terms "innovation" and "best
practice" refer to the achievement of technical and process improvement
and not merely cost cutting.)
(e) Equity
objectives should be pursued in addition to efficiency and effectiveness
objectives. This means that equity in
dealing with the RTA’s clients and employees must be maintained or
enhanced. Equity in workplace
relationships extends to safety and EEO aspects, as well as consultation with
employees and their representatives.
Workplace equity also implies management should demonstrate appropriate
leadership and support or employees, especially those involved in internal bid
processes.
Management of an Area of Work After Market Testing
The following principles underlie the management of a work
area after market testing, irrespective of whether the work is contracted out
or retained in-house:
(a) The work area
should be managed on an "outcome" basis, allowing room for innovation
and continuous improvement in the way work is performed.
(b) A contract
and/or service level agreement(s) must be negotiated which allows cost and
quality indicators to be monitored and compared over time.
(c) Clear
accountabilities must be established and understood by all parties - the team
undertaking the work and the people responsible for managing the performance or
the work area on behalf of the RTA.
(d) Clear lines of
communication must be defined, including processes for remedying performance
discrepancies and resolution of disputes.
Definitions
(a) "Consultation"
means a process of sharing information and requiring input on key decisions
before they are taken and utilising that input in formulation of the decision
outcome. In a rational decision model,
it may include input to and/or feedback on:
· the identification of decision alternatives;
· the identification of decision criteria; and
· the outcome of evaluation of alternatives against the
criteria.
(b) In an
incremental decision model it may include preparation and dissemination of a
discussion document on a proposed change, gaining feedback on the proposal and
modifying the proposal where appropriate.
(c) Consultation
does no imply a right to veto decisions nor does it imply a right to access
confidential material of a commercial or personal nature. Where a need arises to provide access to
confidential information, a confidentiality control process will be
implemented.
(d) "Market
Testing" is a rational approach to deciding the best value-for-money
method (taking into account cost, benefit and risk) of delivery of an area of
work. It does not refer to
"contracting." Contracting is one possible outcome of a market
testing process.
(e) "Major
Works" are defined as works valued at $500,000 or greater unless approved
as a "Minor Works" by a Regional Manager. Only major works are suitable for market
testing and usually only where it is an area of work that is already performed
within the RTA. The RTA may proceed
directly to a contract for minor works in circumstances where in-house
resources are unavailable and/or the RTA no longer performs work of that type.
Consultative Process
Step 1
|
(a)
|
Local management required to
identify projects to be considered for Market Testing and
|
|
|
Contracting Out.
|
|
|
|
|
(b)
|
Agreement to proposals sought
from Director
|
|
|
|
|
(c)
|
Opinions of other directors on
proposed project sought by relevant Director. Director
|
|
|
Corporate Services initiates
preliminary consultation with relevant unions and notification
|
|
|
to SBU and Labour Council.
|
|
|
|
|
(d)
|
Relevant unions advised by
Director Corporate Services and input sought. (Two weeks to
|
|
|
respond from date of advice).
|
|
|
|
|
(e)
|
Responses considered by
relevant Director and proposals modified where appropriate.
|
|
|
|
Step 2
|
(a)
|
Board advised of nominated
projects by relevant Director.
|
|
|
|
|
(b)
|
Nominations considered by
Board and which project should proceed to market testing
|
|
|
determined.
|
|
|
|
|
(c)
|
Relevant unions, SBU and
Labour Council advised of project approvals by Director
|
|
|
Corporate Services.
|
Step 3
|
(a)
|
Project initiated by local
management.
|
|
|
|
|
(b)
|
Nominations called for and, in
consultation with relevant unions, in-house bid team
|
|
|
appointed by relevant
Director.
|
|
|
|
|
(c)
|
In-house bid team advised of
targeted savings/areas for improvement.
|
|
|
|
|
(d)
|
Evaluation committee appointed
by relevant Director.
|
|
|
|
|
(e)
|
In-house bid team given time
and resources (including appointment of relevant advisers)
|
|
|
to identify and implement
processes to achieve target savings and improvements.
|
|
|
|
|
(f)
|
Evaluation committee reviews
improvements made by internal bid team and
|
|
|
recommendation as to whether
to proceed to full market testing made to Director.
|
|
|
|
|
(g)
|
If recommendation to proceed
to market testing approved, market testing team set up by
|
|
|
local management.
|
|
|
|
|
(h)
|
Relevant probity processes
established by local management.
|
|
|
|
|
(i)
|
If determined necessary (i.e.
to gauge size of market, identify options, etc.) Expression of
|
|
|
Interest called.
|
|
|
|
|
(j)
|
Expressions of interest
evaluated and short list prepared.
|
|
|
|
|
(k)
|
Request for Proposal/tender
documents prepared by market testing team and reviewed.
|
|
|
Review team to include
evaluation committee and representation from relevant unions.
|
|
|
|
|
(l)
|
RFP/tender documents modified
where appropriate by market testing team.
|
|
|
|
|
(m)
|
Evaluation model prepared by
market testing team and reviewed.
Review team to include
|
|
|
evaluation committee and
representation from relevant unions.
|
|
|
|
|
(n)
|
Evaluation model modified
where appropriate by market testing team.
|
|
|
|
|
(o)
|
RFP/tender documents issued.
|
|
|
|
Step 4
|
(a)
|
Evaluation conducted by
evaluation committee using internal bid team improvements
|
|
|
as a "benchmark".
|
|
|
|
|
|
of comments requested with a
minimum of two weeks to respond from date of
|
|
|
dissemination of report.
|
|
|
|
Step 5
|
(a)
|
Union submissions received and
report finalised by evaluation committee and submitted to
|
|
|
relevant Director.
|
|
|
|
|
(b)
|
Approval of evaluation report
recommendations sought from Board by relevant Director.
|
|
|
|
Step 6
|
(a)
|
Relevant unions and bidders
advised by Relevant Director of decision of Board.
|
|
|
|
|
(b)
|
Staff advised and in-house bid
team debriefed by local management.
|
Appendix E
Glossary of Terms
Traffic Signals Group
(a) RTA Officer
(Traffic Signals) Grade 4
Initial appointment following completion of an
apprenticeship with the Department, or on appointment to the Department.
Duties: Assist a more senior Technician as required.
Essential: Possession of A1 grade electrical mechanic's
licence.
(b) RTA Officer
(Traffic Signals) Grade 5
The level at which a qualified and experienced trades
person is expected to perform. At this
grade, the technician would be capable of working independently, and taking
responsibility for the work of a gang.
Duties (typical):
· In charge of a gang/crew engaged on any of the following:
- Routine
maintenance
- Emergency
maintenance
- Accident
repair
-
Construction/Reconstruction
- Miscellaneous
activities.
· Member of a team engaged in development, maintenance or
repair of traffic signal equipment.
· Tasks might include:
-
|
Supervision and control of
other employees
|
|
|
-
|
Assisting a trades person in
a gang where more than one trades person is deployed
|
|
|
-
|
Inspection checking and
repair or replacement of traffic signal equipment
|
|
|
-
|
Report writing
|
|
|
-
|
Servicing of printed circuit
assemblies, relay circuits, etc
(discrete components and integrated
circuits)
|
|
|
-
|
Diagnosis of equipment faults
with appropriate remedial action.
|
Essential: Possession of 'A' grade electrical
mechanic's licence.
Desirable: Demonstrated knowledge of traffic control
equipment - Level 1
(c) RTA Officer
(Traffic Signals) Grade 6
A level of technician who is experienced and
technically proficient in all aspects of traffic control equipment. The technician would be expected to be
capable of working independently, dealing with complex equipment problems at a
level not normally expected of a grade 2 technician. Supervision of the work of other trades persons would be
required.
Duties:
·
|
In charge of a gang where the
size of a gang or complexity of work is such that appointment of a
|
|
grade 2 technician is
considered inappropriate.
|
|
|
·
|
Engaged in traffic systems
work.
|
|
|
·
|
Leader of a group of
technicians engaged in development, maintenance or repair of traffic signal
|
|
equipment.
|
|
|
·
|
Typical tasks would include
those listed of grade 2 level, and where additional complexity exits
|
Essential: Possession of 'A' grade electrical
mechanic's licence.
Desirable: Demonstrated knowledge of traffic control
equipment - Level II.
(d) Leading
Technician
This level of technician is expected to be responsible
for the repair, testing and preparation of traffic signal equipment and other
electric/electronic equipment, as well as provide leadership for a group of
traffic signal technicians engaged on such work.
Duties:
·
|
Provide technical advice an
support to the Equipment Service Manager.
|
|
|
·
|
Guide and co-ordinated the
work of a group of traffic signals technicians.
|
|
|
·
|
Monitor fault records of
equipment to be repaired by the group so as to assist in identification of
|
|
fault patterns.
|
|
|
·
|
Repair, overhaul, modify and
test microprocessor based controllers and other complex electronic
|
|
equipment.
|
|
|
·
|
Preparation and testing of
controller personalities against design plans.
|
|
|
·
|
Liaison with Divisional TEO's
on adaptive engineering matters.
|
Essential: Criteria will include possession of
"A" grade electrical mechanic's licence and qualified in electronics
to post trade level or higher.
Progression from 3rd year to thereafter is after three
years at the 3rd year level and subject to satisfactory staff reports and
attendance at prescribed seminars, workshops etc.
(e) Supervising
Technician
This level of technician is expected to provide
leadership to a group of trades and non-trades staff, in assisting line
management to fulfil specific objectives.
The supervising technician provides the link between management and
field staff, deputising for management where required. The supervising technician is expected to
maintain a high degree of technical knowledge and to impart skills as necessary
to other personnel, by formal or informal means. The supervising technician is accountable for the quality and
quantity of work performed. The Supervising Technician will provide expert advice
on the technical aspects of traffic control and advisory systems using advanced
electrical and electronic technologies, eg traffic control signals, variable
message signs, tidal flow systems, traffic monitoring units.
Duties (typical):
·
|
Supervise and direct the
activities of traffic signal construction, reconstruction or maintenance in a
|
|
specified area.
|
|
|
·
|
Maintain knowledge of current
technology and development, maintenance and repair of traffic
|
|
signal equipment.
|
|
|
·
|
Supervise the work of
contractors as required.
|
|
|
·
|
Supervise and provide
technical leadership to groups of technicians engaged in development,
|
|
maintenance or repair of
traffic signal equipment.
|
|
|
·
|
Acceptance testing and
quality control duties.
|
Essential: Possession of 'A' grade electrical
mechanic's licence.
Desirable: Qualified at Level II for promotion. Post-trade or certification level
qualifications in areas relevant to the classification. Demonstrated knowledge of current technology
and diagnostic / repair techniques for
traffic control equipment.
Progression from 3rd year to thereafter is after three
years service at the 3rd year level and subject to satisfactory staff reports
and attendance at prescribed seminars, workshops, etc.
(f) General
·
|
Incremental progression to be
subject to satisfactory service.
|
|
|
·
|
Duties of particular
positions to be determined within the broad guidelines provided above and
|
|
having regard to Job and
Person Specifications.
|
|
|
·
|
Knowledge of traffic control
equipment to be demonstrated by the satisfactory completion of an
|
|
internal course of
instruction. Subject to further
discussion, it is envisaged that the following would
|
|
be included.
|
Level I: General controller and equipment operation,
basic SCATS and communication theory.
Level II: Advanced controller operation, detailed SCATS
and communication theory.
All courses would include elements of traffic
engineering principles, safety practice and industrial relations.
·
|
Officers who have previously
passed parts 1, 2 and 3 will be regarded as possessing a demonstrated
|
|
knowledge of traffic control
equipment at Level II.
|
|
|
·
|
The requirement for a supervising
technician to keep up-to-date would be satisfied by attendance at
|
|
seminars, workshops, etc, for
which supervising and grade 3 technicians would be eligible to nominate. Content would be determined having regard to
current technology and developments generally.
|
Electronic Equipment Group
(a) No person,
excepting one who has completed an apprenticeship involving training in
electronics, or has reasonable practical experience in electronics, including
electronics construction, maintenance and fault repair, and has completed or is
currently undertaking the Post-Trades Electronics Course (1039) or equivalent,
shall be appointed as an electronic equipment technician.
(b) Initial appointment
will be at the salary level of electronic equipment technician grade c.
(c) Progression
from grade c to d shall be dependent upon:
(i) the
successful completion of the Post-Trades Electronic Course (1039), or
equivalent, and
(ii) 12 months' satisfactory
service on the rate for electronic equipment technician grade c.
(d) A staff member
who is directed to lead other personnel in the Electronic Workshop shall be
paid the rate for electronic equipment technician grade.
D. S. McKENNA, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.