TECHNICAL AND FURTHER EDUCATION COMMISSION OF NEW SOUTH WALES - SECURITY EMPLOYEES - WAGES AND CONDITIONS AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1768 of 2007)

 

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Contract of Employment

4.         Secure Employment Provisions in relation to Occupational Health and Safety

5.         Hours

6.         Rostered Days Off Duty

7.         Rates of Pay

8.         Additional Rates

9.         Shift Allowances

10.       Saturday and Sunday Work

11.       Payment of Wages

12.       General Conditions

13.       Travelling Time and Expenses

14.       Overtime

15.       Call Back

16.       Mixed Functions

17.       Public Holidays

18.       Leave

19.       Personal Carer’s Leave

20.       Other Forms of Leave

21.       Anti-Discrimination

22.       Dispute Resolution Procedure

23.       Changes to Existing Conditions

24.       Deduction of Union Membership Fees

25.       Area, Incidence and Duration

 

PART B

 

Monetary Rates

 

Table 1 - Weekly Rates of Pay

Table 2 - Wage Related Allowances

Table 3 - Expense Related Allowances

 

2.  Definitions

 

(i)         "Afternoon shift" means any shift finishing after 6.00p.m. and at or before midnight.

 

(ii)        "Broken shift" means the working of two shifts per day by an employee within the ordinary hours as specified in clause 4, Hours.

 

(iii)       "Casual employee" means an employee engaged and paid as such and who may be employed for a period of not more than 10 consecutive working days for each engagement but shall not include an employee required to work a constant number of ordinary hours each week.

 

(iv)       "College/Campus/Institute" means a TAFE establishment or other centre where instruction is provided by TAFE and includes any place designated as part of, or as an annexe to, such college/campus/institute.

 

(v)        "Day" means the period from midnight to midnight.

 

(vi)       "Early morning shift" means any shift commencing at or after 5.00a.m. and before 6.30a.m.

 

(vii)      "Employer" means the  Division Head of the New South Wales Department of Education and Training

 

(viii)     "Full-time employee" means an employee engaged for 152 ordinary hours in each roster period of 20 consecutive days.

 

(ix)       "Night shift" means any shift finishing after midnight and at or before 8.00a.m. or any shift commencing at or after midnight and before 5.00a.m.

 

(x)        "Non-rotating night shift" means a night shift within a rostered cycle of shifts where at least two-thirds of the shifts are night shifts.

 

(xi)       "Part-time employee" means an employee engaged by the week who is required to work a constant number of ordinary hours each week less than the ordinary number of hours prescribed for full-time employees.

 

(xii)      "Security Officer Grade 1" means a person employed in one or more of the following capacities:

 

(a)        as an employee stationed at an entrance and/or exit whose principal duties shall include the control of movement of persons, vehicles, goods and/or property coming out of or going into premises or property, including vehicles carrying loads of any description, to ensure that the quantity and description of such goods is in accordance with the requirements of the relevant document and/or gate pass and who also may have other duties to perform;

 

(b)        to monitor a single closed circuit television unit recording from a stationary camera;

 

(c)        to respond to basic fire/security alarms at their designated site;

 

(d)        to watch, guard or protect persons and/or premises and/or property;

 

(e)        provided that, a Security Officer Grade 1 may perform incidental duties which need not be of a security nature in order to ensure the good order of the college or premises;

 

(f)         to escort unauthorised persons from the premises and/or detain such persons until such time as responsibility for the persons concerned has been assumed by the relevant authorities.

 

(xiii)     "Security Officer Grade 2" means a person who is employed for the protection, good order and convenient use of TAFE premises. In addition to the duties performed by a Security Officer Grade 1, as defined in subclause (xii), a Security Officer Grade 2 may be required:

 

(a)        to operate, monitor and act upon electronic intrusion detection or security control equipment;

 

(b)        to patrol premises by means of a vehicle, including motorised vehicle;

 

and may be also required to:

 

(c)        ensure that the parking of vehicles on college grounds is in compliance with the requirements of the college;

 

(d)        perform minor or routine maintenance of college facilities, such as replacement of light globes or fluorescent tubes;

 

(e)        receive and distribute stores;

 

(f)         undertake minor tidying of college premises.

 

(xiv)     "Security Officer Grade 3" means a person who, in addition to the duties performed by a Security Officer Grade 2, as defined in subclause (xiii), is employed substantially in a security and/or data input and/or a monitoring function within a central station and principally occupied in one or more of the following duties:

 

(a)        monitoring, recording, inputting information or reacting to signals and instruments related to electronic surveillance of any kind; co-ordinating, checking or recording the activities of mobile patrol officers and static security officers; operating or monitoring any verbal communication devices; or

 

(b)        monitoring or acting upon computerised security systems that have the capacity for and require data input from the security officer.

 

(xv)      "Seven-day Shift Worker" means an employee whose ordinary working period includes Saturdays, Sundays and/or Public Holidays.

 

(xvi)     "TAFE" means the New South Wales Technical and Further Education Commission.

 

(xvii)    "Union" means The Australian Liquor Hospitality and Miscellaneous Workers Union, New South Wales Branch.

 

3.  Contract of Employment

 

(i)         Employees under this award shall be engaged either as full-time employees, part-time employees, or casual employees.

 

(ii)        The employer may direct an employee covered by this award to carry out such duties as are within the limits of the employee’s skill, competence and training, and which are within the scope of sub-clauses (xii), (xiii) and (xiv) of clause 2, Definitions.

 

(iii)

 

(a)        The employer shall clearly display at some place accessible to employees, the commencing and ceasing time of ordinary hours of work.  One week’s notice must be given for any changes to such hours, otherwise payment of overtime is incurred, except where the change in hours is due to an emergency.  Less than one week’s notice may be given by mutual agreement between the employer and the employee.

 

(b)        Any dispute over what constitutes an emergency shall be resolved after the emergency in accordance with clause 22, Dispute Resolution Procedure.

 

(iv)       The employment of any employee, other than a casual employee, shall be terminated by one week’s notice or by the payment or forfeiture, as the case may be, of one week’s wages in lieu thereof.

 

(v)        The employment of a resident security officer shall be terminated by three week’s notice or by the payment or forfeiture, as the case may be, of three week’s wages in lieu thereof.

 

(vi)       The employment of a casual employee may be terminated by one hour's notice.

 

(vii)      Notwithstanding the foregoing provisions, the employer may dismiss an employee at any time without notice where the employee commits a serious breach of discipline.

 

(viii)

 

(a)        Termination of employment by an employer shall not be harsh, unjust or unreasonable.

 

(b)        For the purpose of this subclause, termination of employment shall include termination with or without notice.

 

(c)        Termination on the ground of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction, social origin, homosexuality or age shall constitute a harsh, unjust or unreasonable termination of employment.  This definition, without limiting the above, applies except where a distinction, exclusion, or preference is based on the inherent requirements of a particular position.

 

(ix)       On the termination of employment the employer shall, at the request of the employee, give such employee a statement signed by the employer, stating the period of employment and when the employment terminated.

 

(x)        On the termination of employment, an employee shall return to the employer all items issued to that employee by the employer.

 

(xi)       Mechanisation and Technological Changes - Three months notice of termination of employment must be given to an employee who has been employed for at least twelve months and has had their services terminated on account of the introduction or proposed introduction by an employer of mechanisation or technological changes in the industry in which the employer is engaged.

 

(xii)      If there is a failure to give such notice in full -

 

(1)        the employee shall be paid for a period equal to the difference between three months and the period of the notice given;

 

(2)        the period of notice required by this subclause to be given shall be deemed to be service for the purpose of recreation leave or extended leave under the provisions of the Public Sector Employment and Management Act 2002; and .

 

(3)        an employer who gives an employee notice of the termination of employment on grounds as set out in subclause (xi), must within fourteen days thereafter, give notification of the fact in writing to the Industrial Registrar and the Branch Secretary of the Union.  The employer must state the employee's name, address and usual occupation and the date when the employment terminated or will terminate in accordance with the notice given.

 

4.  Secure Employment Provisions Relating to Occupational Health and Safety

 

(a)        Occupational Health and Safety

 

(i)         For the purposes of this subclause, the following definitions shall apply:

 

(1)        A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

(2)        A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

(ii)        Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

(1)        consult with employees of the labour hire business and/or contract business  regarding the workplace occupational health and safety consultative arrangements;

 

(2)        provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

(3)        provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

(4)        ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

(iii)       Nothing in this subclause (c) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

(b)        Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

(c)        This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

5.  Hours

 

(i)         Security Officers (other than casual employees) -

 

(a)        Subject to clause 6, Rostered Days Off Duty, the ordinary hours of security officers shall not exceed 152 in each roster period of 20 consecutive days.  Such hours shall be worked in not more than 20 shifts in each roster period. The shifts shall not be more than eight consecutive hours in duration within a period of 24 hours.

 

For the purpose of calculating the number of shifts worked during a roster period, a broken shift, as defined in subclause (ii) of clause 2, Definitions, shall count as one shift.

 

(b)        Except in the case of change of shifts, notice of which has been given in accordance with clause 3, Contract of Employment, of this award, not more than six consecutive shifts in any period of seven consecutive days shall be worked without the payment of overtime.

 

(c)        The arrangement of working hours may be altered by agreement between the employer and the employee.  Where agreement cannot be reached, the procedure in clause 22, Dispute Resolution Procedure, shall be followed.  Where the alteration to the arrangement of working hours is to be permanent, the agreement shall be in writing, with a copy sent to the employee and the Union.

 

(d)        In all cases shifts shall be continuous except where a broken shift is worked in accordance with subclause (ii) of clause 2, Definitions.

 

(e)        After four hours and no later than five hours from the commencement of each shift, a crib time of not less than thirty minutes shall be allowed, where it is reasonably practicable to do so.  Time allowed as crib time will be regarded as time worked.

 

(ii)        Casual Employees - For casual employees the ordinary working hours shall not exceed eight hours without the payment of overtime.

 

6.  Rostered Days Off Duty

 

(i)         Four-week Work Cycle - Accrual Provisions -

 

(a)        Full-time Employees on shift work or day work shall accrue 0.4 of an hour for each eight hour shift or day worked to allow one complete shift or day to be taken off as a paid shift or day during every roster cycle.

 

(b)        Part-time Employees - Where it is endorsed by the employer at a particular location, part time employees may accrue time towards a rostered day off by accruing one twentieth of all time worked. One complete shift may then be taken off as a paid shift during every rostered cycle.

 

(ii)        Accrual and Paid Leave - Each day of paid leave taken (excluding extended leave, workers' compensation (accident) leave and leave without pay) occurring during any cycle of four weeks shall be regarded as a day worked for accrual provisions.

 

(iii)       Rostering - Four-week Cycle:

 

(a)        Rostered days off shall be scheduled by mutual agreement between employees and the employer but may be varied by agreement between the employer and the individual employee.

 

(b)        Where the employer agrees, rostered days off may accumulate and, in the case of TAFE premises, may be scheduled during the vacation periods to suit the needs of the employer.

 

(iv)       Rostered Day Off Falling on a Public Holiday -

 

(a)        In the event of an employee’s rostered day off falling on a public holiday, the employee and the employer shall agree to an alternative day off duty as a substitute.  In the absence of agreement the substituted day shall be determined by the employer.

 

(b)        Special provisions apply for seven-day shift workers instead of the above as provided by subclause (iv) of clause 16, Public Holidays.

 

(v)        Work on Rostered Day Off Duty - Subject to subclause (iii), Rostering - Four week Cycle, of this clause, any employee required to work on their rostered day off shall be paid in accordance with the provisions of clause 13, Overtime, of this award.

 

(vi)       Sick Leave and Rostered Days Off - Employees are not eligible for sick leave in respect of absences on rostered days off.

 

(vii)      Casual employees shall not be entitled to accumulate time toward a rostered day off.

 

7.  Rates of Pay

 

(i)         Full-time Employees - A full time employee shall be paid according to the rate for the classification as set out in Table 1 of Part B of this award.

 

(ii)        Part-time Employees -

 

(a)        Part-time employees shall be paid the hourly equivalent of the appropriate weekly rate of pay plus an additional amount of ten per cent.  The hourly rate is as set out in Table 1 of Part B of this award.

 

(b)        The hourly equivalent is based on 38 hours where a part-time employee is not accruing credit towards rostered days off but is paid only for hours worked.

 

(c)        The hourly equivalent is based on 40 hours where a part-time employee is accruing credit for time worked towards rostered days off.

 

(d)        A minimum payment of three hours shall be paid for each start.

 

(iii)       Casual Employees -

 

(a)        A casual employee for working ordinary time as provided by subclause (ii) of clause 5, Hours, shall be paid per hour one thirty-eighth of the weekly wage prescribed by this award for the class of work performed, plus 15 per cent.

 

(b)        A minimum payment of four hours shall be made for each start.

 

(iv)       The wage rates as set out in Table 1 of Part B, Monetary Rates, shall be adjusted in line with the Crown Employees Wages Staff (Rates of Pay) Award or any variation to, or successor instruments to the said award.

 

8.  Additional Rates

 

(i)         Boiler Attendant's Certificate - An employee required by the employer to hold a Boiler Attendant's Certificate shall be paid a weekly allowance as set out in Item 1of Table 2 of Part B in addition to the ordinary rate of pay.

 

(ii)        First-aid Allowance - An employee, who is a qualified first-aid attendant and is required by the employer to carry out the duties of a qualified first-aid attendant, shall be paid an additional weekly amount as set out in Item 2 of Table 2 of Part B.

 

(iii)       Furniture Removal Allowance - Security officers required to be engaged in furniture removal for more than three hours on any day or shift shall be paid an additional allowance per shift as set out in Item 3 of Table 2 of Part B.

 

(iv)       Laundry Allowance - Overalls, coveralls and any uniform where supplied or required to be worn by the employer shall be laundered or dry-cleaned at the employer's expense.  In lieu of this, a laundry allowance as set out in Item 4 of Table 2 of Part B may be paid for each ordinary shift worked.

 

(v)        Leading Hands Allowance - Employees placed in charge of other employees shall be paid a weekly amount as set out in Items 5 to 10 of Table 2 of Part B.

 

(vi)       Motor Vehicle Allowance -

 

(a)        Employees authorised to use a private motor vehicle in the performance of their duties where no public transport is available, or where the use of public transport is not appropriate for the particular duty concerned, shall be paid the additional rates as set out in Items 1 to 3 of Table 3 of Part B.

 

(b)        Where public transport is available, employees may use such transport for approved travel and be reimbursed with the costs incurred or employees may elect to use a private motor vehicle (where the use of such is so authorised) and be paid additional rates as set out in Items 4 to 6 of Table 3 of Part B up to the cost of the available public transport.

 

(vii)      Refrigeration Driver's Certificate - An employee required by the employer to hold a Refrigeration Driver's Certificate of Competency, 1st or 2nd Class (Air conditioning) shall be paid a weekly allowance per week as set out in Item 11 of Table 2 of Part B.

 

(viii)     Torches - Where an employee is required to carry a torch, it shall be provided and maintained in full working order by the employer.  Employees providing their own torches shall be paid an allowance per shift to cover the replacement of torch globes and batteries as set out in Item 12 of Table 2 of Part B.

 

9.  Shift Allowances

 

(i)         The following additional allowances for shift work shall be paid to employees in respect of work performed during ordinary hours of shift as defined in this award.

 

Percentage

 

Early morning shift	10%
Afternoon shift	15%
Night shift, rotating with day or afternoon shift	17.5%
Night shift, non-rotating	30%

 

(ii)        Broken Shifts -

 

(a)        Employees working broken shifts shall be paid an additional daily amount as set out in Item 13 of Table 2 of Part B of this award for each day so worked.

 

(b)        Employees working broken shifts shall also be paid a weekly excess fares allowance as set out in Item 7 of Table 3 of Part B of this award.

 

(c)        An employee receiving broken shift allowance under the provisions of this subclause shall not receive any other allowance provided for under subclause (i) of this clause.  Where a broken shift commences between midnight and 6.00 a.m., however, an allowance of 30 per cent shall be paid for each hour worked between such hours.  Where a broken shift ceases after 9.00 p.m., an allowance of 15 per cent shall be paid for each hour worked after 9.00 p.m.

 

10.  Saturday and Sunday Work

 

(i)

 

(a)        Employees required to work their ordinary hours on a Saturday or a Sunday shall be paid for all time so worked at the following rates:

 

Saturday work	time and one-half
Sunday work	double time

 

(b)        An employee required to perform work on a Sunday shall be paid a minimum of four hours for each start.

 

(ii)        The shift work allowances provided by clause 9, Shift Allowances, are not payable for Saturday and Sunday work.

 

(iii)       The rates prescribed above apply to all employees, including casual employees. The rate for Saturday work applies in respect of ordinary hours of work only.

 

11.  Payment of Wages

 

(i)         All wages shall be paid fortnightly by electronic funds transfer not later than Thursday, and not more than forty-eight hours from the time when such wages become due.

 

(ii)        Wages may be paid into an employee’s bank or other account as specified by the employee.  The employer shall specify the day upon which wages shall be paid into such account.

 

(iii)       Where wages are not paid into an employee's bank or other account by the nominated day the employer, following notification by the employee, shall make every effort to ensure the appropriate credit to that account within two days or issue a cheque forthwith for the appropriate amount.  Unless circumstances exist which are beyond the employer's control, if two days elapse without payment, the employee shall be entitled to be paid at overtime rates for the next full day's work performed.

 

12.  General Conditions

 

(i)         Security Officers -

 

(a)        Security Licence - A security officer required to hold a Class 1A Security Licence pursuant to the provisions of the Security Industry Act 1997 shall have one fifth of the cost of such licence reimbursed by the employer on completion of each twelve months service.

 

(b)        Training -

 

(1)        All full time security officers who are required to undertake an approved training course, nominated by the employer and as required by the Security Industry Act 1997 and the  Security Industry Regulation 2007, or variations thereof, shall have the costs of such training (courses) reimbursed by the employer.  This is provided that the undertaking of the said training course is a requirement of the employee’s current position.

 

(2)        Reimbursable costs as referred to in paragraph (1) of this subclause shall include excess travelling expenses relating to the attendance at the said courses.

 

(3)

 

(A)       Employees shall be granted time-off without loss of pay during ordinary hours to attend training courses referred to in paragraph (1).

 

(B)       In cases where the courses are to be held outside the rostered shift of the employee required to attend the course, then:

 

(i)         the rostered shift should be altered so that the employee can attend during ordinary working hours; or

 

(ii)        for the time spent attending the course, the employee can be granted time off in lieu on an hour for hour basis at a time convenient to the employer; or

 

(iii)       the employee shall be paid for the necessary time attending the course at ordinary time rates.  Such attendance shall not form part of the employee's ordinary roster and the employee shall be required to work the ordinary roster.

 

(c)        The employee may elect which is the preferred option from the above.  The final determination regarding the option to be applied lies with the employer, having regard to the needs of the establishment.

 

(ii)        Resident Security Officer Grade 2 -

 

(a)        Where a security officer is provided with accommodation, a deduction of $10.00 per week may be made from the employee’s wages for rent, fuel and lighting.

 

(b)        An employer shall not require a resident security officer to vacate living quarters during the annual leave period for use by a relieving security officer unless such arrangements are mutually agreed to between the resident security officer and the relieving security officer.

 

(c)        Removal Expenses on Transfer - See Personnel Policy - Transfers (published in TAFE Gazette No. 28 of 24 July 1991), as varied from time to time.

 

(iii)       General -

 

(a)        Accommodation for Meals - Employees may take their meals, crib time or tea breaks in a suitable place protected from the weather.  Every such employee shall be provided by the employer with adequate facilities for tea making and for heating food.  This provision shall not apply to mobile security officers.

 

(b)        Dressing Accommodation - Where it is necessary or customary for employees to change their dress or uniform, suitable dressing rooms or dressing accommodation and individual lockable lockers shall be provided.

 

(c)        Means of Exit - Provisions shall be made for an exit for night employees in case of necessity.

 

(d)        Protective Clothing - The following clothing and equipment will be issued, which shall remain the property of the employer -

 

(1)        Wet weather coat and hood and trousers for employees who are required to work outdoors.

 

(2)        Broad brim hats for employees who are required to work outdoors.

 

(e)        Work Clothing - Uniforms and safety footwear shall be supplied by the employer where such is required in the performance of duty.

 

13.  Travelling Time and Expenses

 

(i)         Where an employee is sent to work at a place other than their employer's recognised place of business, the employer shall pay all travelling time from the place of business to the job.  If the employee is required to return the same day to the employer's place of business, the employer shall pay travelling time back to the place of business.  An employee sent for duty to a place other than the employee's regular place of duty or required by the employer to attend a court or inquiry in connection with the employee's employment shall be paid reasonable authorised expenses.

 

14.  Overtime

 

(i)         Subject to clause (ii) an employer may require and employee to work reasonable overtime at overtime rates.

 

(ii)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(iii)       For the purposes of clause (ii) what is unreasonable or otherwise will be determined by having regard to:

 

(a)        any risk to employee health and safety;

 

(b)        the employee’s personal circumstances including any family and carer responsibilities;

 

(c)        the needs of the workplace or enterprise;

 

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

 

(e)        any other relevant matter.

 

(iv)       Subject to clause 10, Saturday and Sunday Work, all work done outside ordinary hours the rates of pay shall be time and a half for the first two hours and double time thereafter.  In computing overtime, each day's work shall stand alone.  All overtime performed after 12 noon on a Saturday shall be paid for at the rate of double time.

 

(v)        Meal Allowance - An employee required to work overtime in excess of one hour shall be paid an allowance as set out in Item 8 of Table 3, for the first and each subsequent meal (time for the taking of which shall be granted in accordance with subclause (vi) below) unless notice to work has been given to such employee on or before the termination of the previous shift or day.

 

(vi)       Employees required to work one hour or more overtime after their normal shift are to receive a 20 minute crib break at the end of the normal shift at ordinary time rate of pay.  If overtime extends beyond a total of four hours, a further 20 minute crib break at overtime rates shall be granted.

 

(vii)      Where an employee is required to work overtime on a Saturday or Sunday, a paid crib time of 20 minutes shall be granted for each four hours of overtime worked.

 

(viii)

 

(a)        An employee who works so much overtime between the finish of ordinary work on one day and the start of ordinary work on the next day such that a rest period off duty cannot be had, shall be released after the completion of such overtime until the employee has had a rest period without loss of pay for the ordinary working time occurring during such absence.  The rest period shall be:

 

(i)         for shift workers - eight hours, including the normal changeover time, if any;

 

(ii)        for day workers - ten hours.

 

(b)        If the employer requires the employee to resume or continue work without having had the rest period off duty, the employee shall be paid at double time until released from duty for the rest period.  The employee shall be entitled to be absent until the employee has had the rest period off duty without loss of pay for ordinary working time occurring during the absence.

 

15.  Call Back

 

(i)         An employee required to return to work after leaving the place of employment shall be paid a minimum of four hours' pay at the appropriate rate for each such attendance.  This provision shall not apply to the normal rostered hours of an employee returning for the second part of a broken shift.

 

(ii)        This clause shall also not apply where a period of duty is continuous with the start of ordinary working time.  In such case, the provisions of clause 14, Overtime, apply.

 

(iii)       An employee to whom this clause applies shall be given at least eight hours off duty, excluding travelling time in excess of 30 minutes and a meal break of 30 minutes, before there is a requirement to resume ordinary hours.  An employee requested to resume duty before eight hours' rest is given shall be paid at double time until such employee has been relieved from duty for a period of eight hours.

 

16.  Mixed Functions

 

(i)         An employee engaged for at least two hours on any day or shift on duties carrying a higher rate of pay than the employee's ordinary classification shall be paid the higher rate for such day or shift.  Where an employee is engaged for less than two hours on any one day or shift, payment shall be at the higher rate for the time so worked.

 

(ii)        Any employee who is required to perform work temporarily in a classification for which a lower rate is paid, shall not suffer any reduction in wages whilst so employed.  Any work of less than one week’s duration shall be deemed temporary.

 

(iii)       This clause shall not apply in situations where the higher duties result from the absence of an employee on a rostered day off.

 

17.  Public Holidays

 

(i)         The days on which the following holidays are observed shall be holidays under this Award, namely New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day and any day which may hereafter be proclaimed a public holiday throughout the State.  The Picnic Day of the Union shall also be observed as an additional holiday under this Award, to be granted on one of the working days between Christmas and New Years Day.  The specific date is to be advised to employees prior to December each year.

 

(ii)        Except as provided by subclause (iv) of this clause -

 

(a)        Full‑time and part‑time employees shall be entitled to the above holidays without loss of pay.

 

(b)        Employees shall be paid at the rate of double time and one-half, with a minimum payment of four hours at such rate for all time worked on the above holidays.

 

(iii)       For the purpose of this clause any employee whose ordinary hours of work commence before and continue past midnight shall be regarded as working on a holiday only if the greater number of working hours fall on the holiday, in which case all the time worked shall be regarded as holiday work.  If the number of ordinary hours worked before and past midnight is equal, all ordinary time worked shall be regarded as time worked on the day on which the shift commenced.

 

(iv)

 

(a)        In the case of public holidays falling on the rostered day off of a seven-day shift worker -

 

(1)        If the seven-day shift worker is not required to work on that rostered day off, an additional day's pay will be made to the employee.

 

(2)        If the seven-day shift worker is required to work on that day, the employer, in addition to another day's pay, shall pay the employee at the rate of time and one-half for the first eight hours for those hours worked on the holiday.  A minimum payment of four hours at this rate shall be made.  If the employee works for more than eight hours on such a day, those extra hours shall be paid for at double time and one-half.

 

(b)        The employer may, instead of the additional payment of a day's ordinary pay prescribed in paragraph (a) of this subclause, add a day to the recreation leave credit.

 

18.  Leave

 

(i)

 

(a)        Annual Recreation Leave - All employees, other than casual employees, will be entitled to a minimum of 20 days recreation leave or pro-rata where employed for periods of less than the equivalent full time.

 

(b)        Seven-day shift workers -

 

(1)        In addition to the normal recreation leave provisions, a seven-day shift worker, at the end of each year of continuous employment shall be entitled to an additional one week’s leave:

 

If during the year of employment only a portion of it has been served as a seven-day shift worker, the additional leave shall be 3.25 hours for each completed month of employment. Where the additional leave is or comprises a fraction of a day, such fraction shall not form part of the leave period and shall be discharged by payment only.

 

(2)        Where the employment of a seven-day shift worker is terminated and the person thereby becomes entitled to payment in lieu of recreation leave for a period of employment, such person also shall be entitled to an additional payment of 3.25 hours at their ordinary rate of pay for each completed month of service.

 

(ii)        Sick Leave - All full-time employees shall be entitled to 15 days per annum with the unused component of the annual entitlement being fully cumulative.

 

(a)        A part-time or temporary employee’s sick leave entitlement shall be in that proportion of 15 days which their appointment bears to the proportion of the year that they work.

 

(b)        An employee shall, as soon as reasonably practicable and, in any case, within 24 hours of the start of the leave, inform the employer of the inability to attend for duty and, as far as possible, state the nature of the injury or illness and the estimated length of the absence.  A medical certificate must be provided to cover sick leave that is longer than three days or for a lesser period as may be required by the employer.

 

(iii)       Extended Leave - All employees, other than casual employees, shall be entitled to extended leave of 44 working days on full pay or 88 working days on half pay after completing ten years of services and a further 11 working days for each completed year of service after ten years.

 

(iv)       Family and Community Services Leave - The employer may grant all employees, other than casual employees, family and community services leave:

 

(1)        for reasons related to family responsibilities;

 

(2)        for the performance of community service; or

 

(3)        in cases of pressing necessity.

 

(a)        The maximum amount of family and community service leave on full pay which may be granted is whichever is the greater of:

 

(1)        Two and one half working days during the first year of service and five working days in any period of two years after the first year of service; or

 

(2)        One working day for each year of service after two years of continuous service, less any period of family and community service leave already taken.

 

(b)       The employer may grant employees up to a maximum of five days family and community services leave without pay in any year if the entitlement of paid family and community services leave has been used.  The amount of such leave granted in any one year is to be reduced by the amount of any paid family and community services leave already taken in that period.

 

(c)        Family and community services leave could be used for the following situations:

 

(1)        the illness of a relative;

 

(2)        where a child carer is unable to look after their charge;

 

(3)        to arrange or attend a funeral of a relative;

 

(4)        adverse weather conditions which prevent attendance or threaten life or property;

 

(5)        to accompany a relative to a medical appointment where there is no element of emergency;

 

(6)        parent and teacher meetings;

 

(7)        education week activities; and

 

(8)        to care for an elderly relative.

 

(d)       The employer may also grant family and community services leave for matters such as:

 

(1)        attending to accommodation;

 

(2)        citizenship;

 

(3)        motor vehicle accidents on the way to work;

 

(4)        representing Australia or the State in amateur sport other than in the Olympic games or the Commonwealth Games; and

 

(5)        office holders in local government (other than as Mayor) for attendance at meetings, conferences or other associated duties.

 

(e)        Employees are not to be granted family and community services leave for attendance at court to answer a criminal charge, except with the approval of the employer.

 

19.  Personal/Carer’s Leave

 

(i)         Use of Sick Leave

 

(a)        Any employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause (i)(c)(ii) below who needs the employee’s care and support shall be entitled to use, in accordance with this subclause, any current sick leave entitlement or sick leave accrued in the previous 3 years, as provided for in clause 18 (ii), of this award for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(1)        a spouse of the employee; or

 

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

 

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

 

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

 

(5)        a relative of the employee who is a member of the same household where, for the purposes of this section:

 

(i)         "relative" means a person related by blood, marriage or affinity;

 

(ii)        "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and

 

(iii)       "household" means a family group living in the same domestic dwelling.

 

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

 

(e)        Subject to the evidentiary and notice requirements in 19(i)(b) and 19(i)(c), casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 19(c)(ii) of 19, Personal/Carer’s Leave who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

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

 

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

 

(ii)        Unpaid Leave for Family Purpose

 

(a)        An employee may elect, with the consent of the employer to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (i) above, who is ill.

 

(iii)       Use of Annual (Recreation) Leave

 

(a)        An employee may elect, with the consent of the employer and subject to the Public Sector Employment and Management Act 2002, to take annual leave for personal/carer’s leave purposes not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties to care for a person prescribed in subclause 19(c)(ii) of 19. Personal/Carer’s Leave who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

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

 

(c)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any vacation period provided for elsewhere under this award.

 

(iv)       Time Off in Lieu of Payment for Overtime

 

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

 

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

 

(c)        If, having elected to take time as leave in accordance with subclause (iv) (a) above, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.

 

(d)        Where no election is made in accordance with clause (iv) (a) above, the employee shall be paid overtime rates in accordance with this award.

 

(v)        Make-Up time

 

(a)        To care for an ill family member, an employee may, with the employers consent, elect to work ‘make-up time’.  This means the employee takes time off during ordinary hours and works those hours at a later time, but during the spread of ordinary hours and at the ordinary rate of pay.

 

(vi)       Rostered Days Off

 

(a)        An employee may elect, with the consent of the employer, to take an accrued rostered day off for personal/carer’s leave purposes at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(vii)      Bereavement Leave

 

(a)        An employee other than a casual employee shall be entitled up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed for the purposes of Personal Carers Leave in subclause (i)(c)(ii).

 

(b)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

(c)        Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer’s Leave in subclause (i)(c)(ii) provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

(e)        Bereavement leave may be taken in conjunction with other leave available under (i), (ii), (iii), (iv), (v) and (vi) of this clause. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

(f)         Subject to the evidentiary and notice requirements in (b), casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 19 (i) (c) (ii) of 19. Personal/Carer’s Leave.

 

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

 

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

 

20.  Other Forms of Leave

 

Employees under this award shall be entitled to other forms of leave, including maternity leave, parental leave, adoption leave, jury service and special leave, as provided for in any TAFE policies, as varied from time to time.  The granting of any such leave shall be subject to any conditions contained in these policies.

 

21.  Anti-Discrimination

 

(i)         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.

 

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

 

(iii)       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.

 

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

 

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

 

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

 

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

 

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

 

(v)        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.

 

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

 

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

 

"Nothing in 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."

 

22.  Dispute Resolution Procedure

 

(i)         Subject to the provisions of the Industrial Relations Act 1996, the following procedures shall apply:

 

(a)        Should any dispute (including a question or difficulty) arise as to matters occurring in a particular workplace, then the employee and or the Union workplace representative shall raise the matter with the appropriate supervisor as soon as practicable.

 

(b)        The appropriate supervisor shall discuss the matter with the employee and or the Union workplace representative within two working days with a view to resolving the matter or by negotiating an agreed method and time frame for proceeding.

 

(c)        Should the above procedure be unsuccessful in producing resolution of the dispute or should the matter be of a nature which involves multiple workplaces, then the employee and or the Union may raise the matter with an appropriate officer of the Department of Education and Training or TAFE at the institute level with a view to resolving the dispute, or by negotiating an agreed method and time frame for proceeding.

 

(d)        Where the procedures in paragraph (c) do not lead to resolution of the dispute, the matter shall be referred to the Deputy Director General, Workforce Management and Systems Improvement of the Department of Education and Training and the Secretary of the Union.  They or their nominees shall discuss the dispute with a view to resolving the matter or by negotiating an agreed method and time frame for proceeding.

 

(ii)        Should the above procedures not lead to a resolution, then either party may make application to the Industrial Relations Commission of New South Wales.

 

23.  Changes to Existing Conditions

 

(i)         Security officers employed by the New South Wales Technical and Further Education Commission prior to 25 November 1992 may be requested to work broken shifts.  Where a security officer has a genuine difficulty working such a shift, the Dispute Resolution Procedure will be followed.

 

(ii)        Where, immediately prior to the making of this award, an employee was classified as a Security Officer Grade 2 (c) (Caretaker) under the Crown Employees (Security and General Services) Award, such employee shall, if required by the employer, continue to carry out any duties performed in that position.

 

24.  Deduction of Union Membership Fees

 

(i)         The Union shall provide the employer with a schedule setting out the Union’s fortnightly membership fees payable by members of the Union in accordance with the Union’s rules.

 

(ii)        The Union shall advise the employer 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 employer at least one month in advance of the variation taking effect.

 

(iii)       Subject to (i) and (ii) above, the employer shall deduct Union fortnightly membership fees from the pay of any employee who is a member of the Union in accordance with the Union’s rules, provided that the employee has authorised the employer to make such deductions.

 

(iv)       Monies so deducted from employees’ pay will be forwarded regularly to the Union together with all necessary information to enable the Union to reconcile and credit subscriptions to employees’ Union membership accounts.

 

(v)        Unless other arrangements are agreed to by the Department of Education and Training and the Union, all Union membership fees shall be deducted on a fortnightly basis.

 

(vi)       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.

 

25.  Area, Incidence and Duration

 

(i)         This award shall apply to all security officers employed by the Department of Education and Training assigned to work at TAFE premises in the classifications herein.

 

(ii)        The award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Technical and Further Education Commission of New South Wales - Security Employees - Wages and Conditions Award published 27 August 2004 (346 I.G. 119) and all variations thereof.

 

(iii)       The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 7 December 2007.

 

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

 

(iv)       To the extent that this award replaces, deals with the same subject matter or modifies TAFE NSW policy, the provisions of this award will prevail.

 

PART B

 

MONETARY RATES

 

Table 1 - Weekly Rates of Pay

 

 

Table 2 - Wage Related Allowances

 

 

Table 3 - Expense Related Allowances

 

 

 

 

I. TABBAA, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.