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New South Wales Industrial Relations Commission
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Rural Lands Protection Boards Salaries and Conditions Award 2007
  
Date02/08/2008
Volume364
Part5
Page No.1069
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C6253
CategoryAward
Award Code 4059  
Date Posted02/08/2008

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(4059)

(4059)

SERIAL C6253

 

Rural Lands Protection Boards Salaries and Conditions Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales, Industrial Organisation of Employees.

 

(No. IRC 1125 of 2007)

 

Before Commissioner Cambridge

24 September 2007

 

AWARD

 

Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Basic Wage

1A       Parties

1B        Demarcation

2.         Definitions

3.         Industry and Scope of Award

4.         Contract of Employment

5.         Classifications and Salary Structures

6.         Competency and Training

7.         Hours of Work

8.         Overtime

9.         Recreation Leave

10.       Recreation Leave Loading

11.       Long Service Leave

12.       Public Holidays

13.       Special Leave

14.       Short Leave

15.       Sick Leave

15A.    State Personal and Carer’s Leave Case - August 1996

16.       Parental Leave

17.       Dissolution of a Board

18.       Change, Redundancy and Termination

19.       Removal Expenses

20.       Conference Attendance and Industrial Leave

21.       Living Allowance

22.       Travelling Allowance

23.       Accommodation Allowance

24.       Camping Allowance

25.       Protective Clothing and Equipment

26.       Horse Allowance

27.       Dog Allowance

28.       Flying Allowance

29.       Motor Vehicle Usage and Allowance

30.       Telephone Expenses

31.       Home Office Allowance

32.       Deduction of Association & Union membership fees

33.       Indexation of Allowances

34.       Dispute Settling Procedures

35.       No Extra Claims

36.       Anti-Discrimination

37.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

Table 2 - Allowances

Table 3 - Long Service Leave Accrual

 

PART A

 

1.  Basic Wage

 

This award, in so far as it fixes rates of wages, is made by reference and in relation to the adult basic wage as set out in Part B, Monetary Rates.

 

The said basic wage may be varied by the Industrial Relations Commission of New South Wales under subclause (2) of clause 15 of Division 4 of Part 2 of Schedule 4, Savings, Transitional and Other Provisions, of the Industrial Relations Act 1996.

 

A reference in this award to the adult basic wage is to be read as a reference to the adult basic wage currently in force under the said clause 15.

 

1A.  Parties

 

The parties to this award are:

 

(i)         The Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales.

 

(ii)        The State Council of Rural Lands Protection Boards, and

 

(iii)       The Australian Workers’ Union, New South Wales.

 

1B.  Demarcation

 

It is recognised by the parties to this award that the Union shall have coverage of the Level 1, Level 2, and Senior Field Assistant classifications and that the Association shall have coverage of all other classifications under the award being Customer Service Officers, District Veterinarians, Executive Officers, Managers, Office Coordinators, and Rangers.

 

2.  Definitions

 

2.1        "The Board" shall mean those Rural Lands Protection Board(s) in which the employee serves.

 

2.2        "Headquarters Board" shall mean the Board in whose district the headquarters of an employee is situated.

 

2.3        "Chairperson" shall mean the Chairperson of the Rural Lands Protection Board.

 

2.4        "Director" shall mean those persons duly elected or appointed as Directors under the Rural Lands Protection Act.

 

2.5        "Department" shall mean the NSW Department of Primary Industries.

 

2.6        "Council" shall mean the State Council of Rural Lands Protection Boards

 

2.7        "Industrial Committee" shall mean the Rural Lands Protection Boards (State) Industrial Committee

 

2.8        "Association" shall mean the Public Service Association and Professional Officers’ Association Amalgamated Union.

 

2.9        "Union" shall mean The Australian Workers’ Union, New South Wales

 

2.10      "Joint Consultative Committee" shall be a committee comprising one member of each vocational group and a nominee of the Association and the Union and not more than an equal number of members of the State Council Industrial Committee.

 

2.11      "Legal Training Courses" shall mean those Legal Training Courses conducted by the Department or State Council.

 

2.12      "Administrative Officer" shall mean that category of employee qualified and appointed to serve the administrative requirements and duties of a Rural Lands Protection Board.

 

2.13      "Customer Service Officer" shall mean that category of employee qualified and appointed to assist in the administrative requirements and duties of the Rural Lands Protection Board.

 

2.14      "District Veterinarian" shall mean that category of employee employed to carry out duties under section 43 of the Rural Lands Protection Act 1998, qualified and appointed to a district.

 

2.15      "Executive Officer" shall mean that category of employee qualified and appointed under clause 5.2 of this Award.

 

2.16      "Field Assistant" shall mean that category of employee qualified and appointed to assist in the field operations of the Rural Lands Protection Board.

 

2.17      "Manager" shall mean that category of employee qualified and appointed under clause 5.2 of this     Award.

 

2.18      "Office Coordinator" shall mean that category of employee qualified and appointed under clause 5.4.4 of this Award.

 

2.19      "Ranger" shall mean that category of employee qualified and appointed to perform duties as Ranger in a Board’s district.

 

2.20      "Temporary Employee" is one who is employed for a fixed term.

 

2.21      "Casual Employee" is one who is employed from time to time to do work as and when required with employment being a series of hourly or daily hirings. The employment ends at the completion of each engagement.

 

2.22      "Month" shall mean calendar month.

 

3.  Industry and Scope of Award

 

This award shall apply to the employment relationship between Rural Lands Protection Boards and the employees of Boards for whom terms and conditions of employment are included in this award, in the performance of work within each Board’s district in or in connection with or incidental to the Rural Lands Protection Act, the Stock Diseases Act, and any other relevant legislation, including the following:

 

(a)        the levying and collection of general and animal health rates in respect of rateable land;

 

(b)        the provision of animal health services;

 

(c)        the care, control and management of travelling stock reserves and camping reserves;

 

(d)        the care, control and management of stock watering places;

 

(e)        the suppression and destruction of pest animals and pest insects;

 

(f)         registering stock brand designs, earmark designs, ear tattoo designs, tail tags and other means prescribed by the relevant regulations for identifying stock on holdings; and

 

(g)        any other duties as required by a Board that are relevant to such legislation.

 

4.  Contract of Employment

 

4.1        Wherever possible, full-time employment should be implemented.

 

4.2        Part-time Employees -

 

(a)        Boards may employ persons on a part-time basis in any area of operation of the Board.  A part-time employee is, for all purposes of the award, entitled to the same terms and conditions as a full-time employee, provided that in all cases entitlement is determined on a pro rata basis.

 

(b)        The number of hours per week to be worked by a part-time employee shall be mutually agreed between the employee concerned and the Board and such agreement shall be set out in writing, provided that, in the absence of an agreement, the minimum number of hours worked shall be seven hours 36 minutes (i.e. one day).

 

(c)        Once the hours to be worked are agreed upon, any time worked at the direction of the Board by part-time employees in excess of 38 hours per week shall be deemed to be overtime and the overtime provisions of this award shall apply.

 

(d)        A part-time employee may work less than five days per week.

 

(e)        Part-time employment shall not act to the detriment of full-time employees and no full-time employee shall be required to work part-time.

 

(f)

 

(i)         A person who is initially employed to work part-time may elect to work full-time at any time, subject to the Board’s convenience and the availability of work for the classification and grade of the position.

 

(ii)        A full-time staff member who, with the approval of the Board, elects to work part-time for a set period will be guaranteed the right of return to full-time work at the end of the period, provided that this is specified, negotiated, and agreed in writing by the Board at the outset.

 

(iii)       Full-time staff members who elect to work part-time and who have not specified that they wish to return to full-time work may elect to return to full-time work at any time, subject to the Board’s convenience and the availability of work for the classification and grade of the position.

 

(g)        Job sharing - The policy of job sharing is agreed. Procedures will be as agreed between the parties to this award.

 

(h)        If any dispute arises in relation to the application or operation of this clause, the dispute settling procedures contained elsewhere in this award shall be used.

 

4.3        Temporary Employees -

 

(a)        Boards may employ persons on a temporary basis.

 

(b)        The period of employment shall be notified in writing to the employee at the commencement of the employment and any extensions thereof.

 

(c)        Such persons shall be entitled to the appropriate award salary rate and conditions during the term of the employment.

 

4.4        Casual Employees - Boards may employ persons on a casual basis.

 

Such persons shall be paid the appropriate salary rate on a pro rata basis, plus 15 per cent, together with 1/12 of 115 per cent pro rata salary in accordance with the Annual Holidays Act 1944.

 

5.  Classifications and Salary Structures

 

The award is a paid rates award and the salaries set out in Part B - Monetary Rates, are the maximum salaries payable to the classifications unless the Council, pursuant to Section 24 (2) (g) of the Rural Lands Protection Act otherwise determines. Individual staff of a Board are entitled to salary sacrifice that part of their salary as agreed between the staff member and the Board. A Board shall, on the request in writing of a member of the Association or Union, deduct fortnightly membership fees from the salary of that employee, in accordance with State Council policy.

 

The parties objectives in this Award are to give employees access to fair pay increases; and improve the cost effectiveness of Boards in New South Wales.

 

5.1        District Veterinarians

 

The salaries of District Veterinarians shall be as set out in (1) of Table 1 - Salaries, of Part B, Monetary Rates.

 

5.1.1     An additional per annum allowance of the amount set out in 1.1 of the said Table 1 shall be paid to those District Veterinarians serving the Albury, Armidale, Bathurst, Casino, Deniliquin, Gloucester, Maitland, Moss Vale, Tamworth, Wagga and Young Districts as at 1 January 1995 until such time as those employees leave those districts. No further increases to apply to the allowance set out in this subclause.

 

5.1.2     First year of service in the Board system on a continuous basis is probationary and shall be reviewed and assessed by the Manager, in consultation with the Chairman of the Board in accordance with Guidelines issued by State Council.

 

5.1.3     New appointments to be at the level and grade appropriate for the experience and skill of the appointee.

 

5.1.4     Progression between years in Grades 1, 2 and 3 is subject to 12 months’ satisfactory service at the previous level and the successful preparation of an animal health plan which has been approved by State Council as provided by policies and guidelines issued from time to time by State Council. It is also subject to:

 

(i)         Demonstrating to the Manager, in consultation with the Chairman of the Board the achievement of the animal health plan goals, with due consideration of any changed circumstances.

 

(ii)        Demonstrating to the Manager, in consultation with the Chairman of the Board flexibility in meeting the Board and Ratepayer requirements in the previous year.

 

(iii)       Demonstrating to the Manager, in consultation with the Chairman of the Board working as part of a team with other staff of the Board.

 

(iv)      The Manager is to coordinate items (i) (ii) and (iii) above.

 

5.1.5     Progression from Grade 1 to Grade 2 shall be by application by the District Veterinarian to the Board and assessment (which shall be organised by the Manager), by the Board and the Senior Field Veterinary Officer for the district, or in their absence, another district, that the following criteria have been satisfied:

 

(i)         Satisfactory completion of 12 months service at maximum level of Grade 1.

 

(ii)        Authority as Inspector under the Stock Diseases Act.

 

(iii)       Completion of the following training courses:

 

(a)        Stages 1,2 and 3 Legal Training courses.

 

(b)        Communications Skills Training course.

 

(c)        Training in Supervision of 1080.

 

(d)        Infringement Notice Training.

 

(iv)      Familiarity with and ability to interpret NSW Agriculture Animal Health Policy.

 

(v)       Familiarity with and ability to exercise appropriate functions in accordance with policy under:

 

(a)        Stock Diseases Act 1923.

 

(b)        Rural Lands Protection Act 1998.

 

(c)        Interstate requirements for movement of livestock.

 

(d)        Natural disaster relief policies.

 

(e)        Stock (Chemical Residues) Act 1975.

 

(f)         Veterinary Surgeons Act 1986.

 

(g)        Prevention of Cruelty to Animals Act 1979.

 

(h)        Exotic Diseases of Animals Act 1991.

 

(vi)      Demonstrated the following:

 

a.          An animal health plan (AH plan) has been submitted each year which meets core requirements of State and National programs

 

b.         Core State and National program goals as outlined in the AH plan are satisfactorily addressed.

 

c.          Core reporting requirements in the AH plan are met in a timely manner

 

d.         Supervisor of Rangers in Animal Health regulatory duties

 

e.          Executive Officer to the AH Committee of the Board

 

f.          Ability to locate and interpret relevant AH policy documents

 

g.         Ability to locate and interpret interstate movement requirements

 

h.         Competency in basic computer skills to meet requirements of the AH system

 

i.           Attended Emergency Management one day course or equivalent

 

j.           Meeting  standards for recording AH events within the district for certification and surveillance

 

k.          Undertaking Continuing Professional Education to meet guidelines of the Veterinary Surgeons Board

 

l.           Regular attendance at Regional AH meetings

 

m.         Obtain accreditation under EADP training program to Field Surveillance Veterinarian standard.

 

5.1.6     Progression from Grade 2 to Grade 3 shall be by application by the District Veterinarian with supporting documentation to the Board. The Board shall comment on the application and the Manager shall organise an assessment by a panel comprising a nominee of the Board, a Senior Field Veterinary Officer from another district, and a nominee of the Association of District Veterinarians of at least Grade 3, that the following criteria are satisfied:

 

(i)         Satisfactory completion of 12 months at maximum level of Grade 2.

 

(ii)        Demonstrated the following:

 

a.          The AH plan is integrated into a budgeted and resourced format

 

b.         All major goals for local, state, and national programs as outlined in the AH plan have been satisfactorily addressed.

 

c.          As Executive Officer, provide formalised documentation of regular AH committee meetings.

 

d.         Coordination of training and development of staff for AH duties.

 

e.          Attended training at Veterinarians course at the Australian Animal Health Laboratory.

 

f.          Regular contribution to Regional Animal Health meetings.

 

g.         Involvement in discussions of policy changes at Regional Health meetings.

 

h.         Contribution to the Animal Health system as a whole.

 

(iii)       Competence in the following fields:

 

a.          Epidemiology - having attended a workshop or obtained skills equivalent to those offered by Epidemiology for Field Veterinarians.

 

b.         Diagnosis of diseases of important livestock species.

 

c.          Gross pathology of livestock species.

 

d.         Knowledge of the economic impact of diseases of important livestock species.

 

e.          Advising on diseases important to livestock systems within the district.

 

f.          Livestock management systems of significance within the district.

 

5.1.7     Accelerated Progression

 

(i)         The Industrial Committee of State Council may grant accelerated progression in Grades 2 and 3 from one year to any other year in the same Grade, on written application from the District Veterinarian to the Board, who shall forward it, together with their comments, to the Animal Health Manager of State Council.

 

Such application is to demonstrate that:

 

a)         General duties within the Board are being performed by the District Veterinarian at a superior level (to be assessed by the Manager of the Board, after consultation with the Chairman of the Board and the Senior Field Veterinary Officer),

 

b)         A major or significant contribution to a Board, Regional, or State-wide issue affecting the industry has been made by the District Veterinarian since the last progression (to be assessed by the Animal Health Committee of State Council).

 

(ii)        The progression shall take effect from one (1) month after the date of lodgement of a successful application to the Board.

 

(iii)       In all cases where an application is refused, the District Veterinarian must receive a written explanation from the Industrial Committee.

 

5.1.8     Progression from Grade 3 to Grade 4 shall be by application (in triplicate) by the District Veterinarian with supporting documentation to the Board. The Board will comment on the application and the Manager shall forward the application to the CEO of State Council.  The CEO will arrange an assessment by a panel comprising a nominee of the Chief Veterinary Officer, a nominee of the State Council and a nominee of the Association of District Veterinarians at Grade 4 level.  At least one panel member should have sat on a previous panel.  A Board Director may sit as an observer.

 

(i)         The following criteria must be satisfied:

 

a.          Satisfactory completion of 12 months on maximum level of Grade 3.

 

b.         The AH committee has been heavily involved in the planning, budgeting and evaluation of the plan.

 

c.          Provided Board or AH committee with briefings on AH issues that have local, Regional or State implications.

 

d.         Demonstrate that, where appropriate, a team approach with leadership by the DV is utilised to achieve AH plan objectives.

 

e.          Membership of the Australian College of Veterinary Scientists in a subject relevant to the duties of a DV or equivalent post-graduate qualification.

 

f.          Competencies sufficient to be accredited under the EADP to perform a Control Centre role.

 

g.         Demonstrated continuing, active and high quality contribution to the State AH system as a whole, with major or significant contributions to State-wide animal health programs.

 

h.         Demonstrate continuing and active contribution to debate and progression of Regional Animal health issues through the Regional Animal Health meetings and other means.

 

i.           Briefing of Directors and staff on changes to AH policy changes and implications and where appropriate, provide training required by such changes.

 

j.           High level of skill in the diagnosis, treatment, control, prevention, and management of Animal Health problems in the important livestock enterprises in the district.

 

k.          Major input into the adoption of improved Animal Health practices by industry with evidence of substantial benefit.

 

l.           Substantial high output of high quality advisory material.

 

m.         Demonstrated cooperation with other functional areas, other disciplines, and other agencies.

 

n.         High level of input into the planning and achievement of the Board’s corporate goals.

 

5.1.9     Progression from Grade 4 year 1 to Grade 4 years 2 and 3 shall follow 12 months’ satisfactory service at the previous level and the successful preparation of an animal health plan which has been approved by State Council as provided by policies and guidelines issued from time to time by State Council.

 

5.1.10   Progression between the years in Grade 4 shall be subject to the applicant demonstrating to the Manager, in consultation with the Chairman of the Board and the Senior Field Veterinary Officer, that they are performing at the level that resulted in their progression to Grade 4.

 

5.1.11   For District Veterinarians who, at the commencing date of this Award were receiving Grade IV year 1 salary, progression to Grade 4 years 2 and 3 shall be subject to the applicant undertaking and meeting the criteria and process as set out in clause 5.1.10.

 

5.1.11.1            For District Veterinarians who, at the commencing date of this Award, were receiving Grade II year 3 salary under the previous award, progression to Grade 3 year 2 of this Award shall be subject to the person undertaking and meeting the criteria and process as set out in clause 5.1.6.

 

5.1.11.2            For District Veterinarians who, at the commencement of this award, were receiving Grade I year 3 salary under the previous Award, progression to Grade 2 year 2 of this Award shall be subject to the person undertaking and meeting the criteria and process as set out in clause 5.1.5.

 

5.1.12   In all cases where an application for progression is refused, the District Veterinarian shall receive a written explanation of the reasons for the decision.

 

5.1.13   If any officer feels that any application for progression has not been reasonably treated, an appeal may be made to a tribunal consisting of one member of State Council, a Senior Field Veterinary Officer and a District Veterinarian who has reached the grade being applied for.

 

5.1.14   The effective date of progression from Grade 3 to Grade 4 shall be one (1) month after the date of lodgement of a successful application.

 

5.2        Executive Officers and Managers

 

The salaries of Executive Officers and Managers shall be as set out in (2) of Table 1-Salaries, of PART B, Monetary Rates

 

5.2.1     First year of service in the Board system on a continuous basis is probationary and shall be reviewed and assessed by the Chairman of the Board in accordance with Guidelines issued by State Council. Initial appointments are to be made at 1st year salary of the position. Grades 1, 2, and 3 Managers are full-time positions.

 

5.2.2.    Establishment of Positions

 

(i)         Managers appointed under the previous award shall be appointed Manager under this Award and shall be paid the salary applying to their Board as listed in PART B - Monetary Rates at the first (1st) year of service effective from 1 July 2004.

 

(ii)        All Boards who have not appointed a Manager or Executive Officer as at the commencing date of this Award shall, by 31 December 2004, apply to State Council for approval to establish the position of Manager or Executive Officer as indicated in PART B - Monetary Rates. A Board may make application to the Industrial Committee for a 12 months extension of time in which to establish the position of Manager or Executive Officer based on special circumstances.

 

(iii)       After approval by State Council the Board is responsible for obtaining a written application within six months of the commencement of this Award from the Administrative Officer or Executive Officer (if any) for an interview and assessment for the appropriate position by an assessment panel.

 

(iv)      Should there be no existing Administrative Officer or Executive Officer the Board shall advertise the position externally and a selection committee shall assess applications.

 

(v)       For internal applicants the assessment panel will consist of:

 

(a)        a Board Director appointed by State Council (who shall be Chairman).

 

(b)        a nominee of the Managers Association.

 

(c)        up to two (2) persons with special skills appointed by State Council.

 

(d)        a Director of the applicant’s Board may sit as an observer at the interview.

 

(vi)      The assessment panel will report their findings to the Industrial Committee of State Council or a delegate of the Industrial Committee, for determination.

 

(vii)     The salary level of successful applicants shall be the first year rate of the relevant grade effective from 1 April 2005, providing they pass the initial assessment.

 

(viii)    If a salary increase at any one time exceeds $9,000, then

 

(a)        the initial increase shall be reduced to $4,000 plus any general percentage (%) increase applying to all categories at that time, and

 

(b)        subsequent progression shall be limited to $4,000 plus any general percentage (%) increase applying to all categories at that time, until such time as the salary equals the salary for the relevant Board as set out in (2) of Table 1 - Salaries of PART B,  Monetary Rates.

 

(ix)       If an existing employee is appointed Manager or Executive Officer under this Award and the relevant salary is lower than their existing salary, the existing salary shall continue to be paid until such time as the Award prescribes an amount greater than the existing salary figure.

 

(x)        If a Manager or Executive Officer is paid their existing salary, in accordance with (viii) above, the salary shall continue to be calculated to include any general percentage (%) increases that are received by all categories under the Award.

 

(xi)       For external applicants to a vacant position, the selection committee will consist of up to two (2) nominees of the Board; a nominee of State Council; and a nominee of the Managers Association. At least one (1) member of the selection committee should have sat on a previous panel. The selection committee will report their recommendations to the Board for approval to appoint.

 

(xii)      All assessment and selection panels shall have at least one member who has attended a course on selection of staff and that member shall chair the panel.

 

5.2.3     Unsuccessful Applications

 

(i)         If an existing employee is unsuccessful in passing the assessment to meet the requirements to be appointed to the position of Manager or Executive Officer as prescribed by this Award then the panel shall advise of an appropriate training course to enable the employee to reach the required skill level to carry out the requirements of the position.

 

(ii)        The employee shall be re-assessed by an assessment panel within a twelve-month period to ascertain whether they have reached the required standard to be appointed to the position of Manager or Executive Officer as the case may be.

 

If an employee passes a subsequent assessment, the salary shall be payable     at the first (1st) year rate from the date of the successful assessment.

 

(iii)       If an employee is again unsuccessful in passing an assessment for the relevant position at their Board, the Industrial Committee may grant up to another twelve (12) months to qualify.  If at the end of that period the employee fails to pass an assessment, then the employee shall become redundant and shall receive Severance Pay of two (2) weeks pay for every year of service, to a maximum of 26 weeks pay.

 

(iv)      The Industrial Committee of State Council may approve an application from an existing Administrative Officer for a redundancy payment of two (2) weeks pay for every year of service, to a maximum of 26 weeks pay at any time during the assessment process, unless they are appointed as Manager or Executive Officer of their Board.

 

(v)       If an Administrative Officer is not appointed as Manager or Executive Officer, then their salary shall only be increased by the first percentage increase applying on or after 1 July 2004 and no  further increases shall apply during the term of this Award.

 

5.2.4     Appeal

 

(i)         If an applicant considers that an application for appointment to the position has not been treated reasonably on the grounds of merit, they may request a review by the interview panel.

 

(ii)        If an applicant considers that an application for appointment to the position has not been treated reasonably on procedural grounds, the applicant may appeal to the State Council Industrial Committee.

 

5.2.5     Executive Officer

 

Responsibilities:

 

(1)        Responsible for the Boards management accounting and financial accounting to audit.

 

(2)        Responsible for the systems administration of the Boards computer networks and resources.

 

(3)        Responsible for maintenance of all policy documents of the Board.

 

(4)        Responsible for ensuring that all staff comply with the OH&S policy of the Board.

 

(5)        Co-ordination of all Board resources.

 

(6)        Coordination of policy development and planning by Directors and staff.

 

(7)        Coordination of policy advice from staff to Board.

 

(8)        Coordination of reporting on management and operational plan performance.

 

(9)        Coordination of training for Directors and staff.

 

(10)      Management of all staff personnel matters including salary and allowances, leave, other entitlements, problems, counselling and complaints.

 

(11)      Providing all staff with relevant advice on Board decisions, State Council matters and Board requirements for advice or action by staff.

 

(12)      Assisting staff to draft management and operational plans that comply with requirements.

 

(13)      Facilitation of regular staff meetings and management meetings with the Chairman and staff.

 

(14)      Management Planning.

 

"Coordination" means the bringing together of the relevant Directors, staff, material and resources to achieve harmonious progress to the targeted outcome.

 

"Resources" means the physical and financial assets of the Board and includes staff.

 

Qualifications:

 

Financial Services Certificate IV from TAFE or demonstrated practical experience considered by the Board to be equivalent.

 

Progression

 

(i)         After initial appointment, progression to year 2, 3,and 4 shall be made on application to the Board.

 

(a)        The Board shall certify whether the applicant has satisfactorily performed the annual assessment criteria.

 

(b)        The Board shall certify whether it has received a satisfactory audit management letter in the year preceding the progression.

 

(ii)        Progression to year 2 is subject to attending and completing courses on OH&S and conflict resolution as approved by State Council.

 

(iii)       Progression to year 3 is subject to attending and completing two (2) legal training courses approved by State Council.

 

(iv)      Progression to year 4 is subject to attending and completing a course on Human Resource Management as approved by State Council.

 

(v)       Employees appointed to year 4 on commencement of this Award shall be required to attend and complete a course as approved by State Council, within a time approved by State Council.

 

5.2.6     Manager

 

Responsibilities

 

1.         Responsible for the Board’s financial management through to Audit.

 

2.         Responsible for the systems administration of the Board’s computer networks and resources.

 

3.         Responsible for maintenance of all policy documents of the Board.

 

4.         Responsible for ensuring that all staff comply with OH&S policy of the Board.

 

5.         Co-ordination of policy development and planning for Directors and staff and subsequent      implementation.

 

6.         Co-ordination and implementation of training on management and operational plan performance.

 

7.         Co-ordination and implementation of training of Directors and staff.

 

8.         Human Resource Management including but not limited to salary and allowances, leave, other entitlements, problems, counselling and complaints.

 

9.         Providing all staff with relevant advice on Board decisions, State Council matters and Board requirements for advice or action by staff.

 

10.       Co-ordination and Assisting Directors and staff to prepare management and operational plans and subsequent review and measurement of these plans.

 

11.       Facilitation of regular staff meetings and management meetings with Chairman and senior staff.

 

12.       Provide guidance and support to administrative and other staff in customer relations.

 

13.       Management of activities of all staff, to ensure that the Board is operating efficiently, recognising that individual staff in certain circumstances are responsible for the technical and regulatory requirements of their position under the Veterinary Surgeons Act, Stock Chemical Residues Act, and Stock Diseases Act.

 

14.       Monitoring staff performance against agreed targets of all staff. 

 

15.       Provide leadership to the staff of the Board to promote an harmonious and professional workplace.

 

Qualifications:

 

(i)         Financial Management Skills at a high level.

 

(ii)        Supervision qualifications; or demonstrated skills in supervision; or relevant quality experience in supervision.

 

(iii)       Special skills in an area which significantly assists the Board in its functions.

 

(iv)      Knowledge of the Award, its application, and relevant industrial relations practices, including dispute settling procedures and disciplinary procedures.

 

(v)       Management qualifications or quality experience in management.

 

(vi)      Knowledge of management strategies.

 

(vii)     Organisational skills.

 

(viii)    Advanced written and oral presentation skills.

 

(ix)       Knowledge of Information Technology systems.

 

(x)        External applicants for the position of Manager Grade 3 would be expected to have an appropriate tertiary qualification in either business, finance, management, human resource management, or some other qualification deemed equivalent by the selection committee.

 

Progression

 

(i)         After initial appointment, progression to years 2 and 3 shall be made on application to the Board.

 

(a)        The Board shall certify whether the applicant has satisfactorily performed the annual assessment criteria.

 

(b)        The board shall forward the application and certificate to State Council for approval to progression.

 

(c)        State Council shall certify whether the Board has received a satisfactory audit management letter and the statutory report, function management plans and annual report of the Board have been satisfactorily completed and lodged on time in the year preceding the progression.

 

(ii)        Progression to year 2 is subject to attending and completing courses on supervision and conflict resolution approved by State Council.

 

(iii)       Progression to year 3 is subject to attending and completing a course on Human Resource Management that adds to management ability, as approved by State Council.

 

5.3        Customer Service Officers

 

The salaries of Customer Service Officers shall be as set out in (3) of Table 1-Salaries, of Part B, Monetary Rates.

 

5.3.1     The first three (3) months of service in the Board system on a continuous basis is probationary and shall be reviewed and assessed by the Manager in accordance with Guidelines issued by State Council.

 

5.3.2     Initial appointments may be made to any Grade that is appropriate to the qualifications, competence and duties of the appointee.

 

5.3.3     Conditions for Normal Progression -

 

(i)         Progression from Grade 1 through to Grade 4 shall be by way of completion of the number of years service at each level. The progression shall be subject to satisfactory conduct and performance, as assessed by the officer’s supervising officer, and subject to approval by the Board.

 

(ii)        Staff who complete one year of service on Grade 1 shall be eligible to progress to Grade 2, year 1 subject to meeting progression criteria in subclause (i).

 

(iii)       Staff who complete one year of service on Grade 2 year 1 shall be eligible to progress to Grade 2 year 2, subject to meeting progression criteria in subclause (i).

 

(iv)      Staff who complete one year of service on Grade 2 year 2 shall be eligible to progress to Grade 3 year 1, subject to meeting progression criteria in subclause (i).

 

(v)       Staff who complete one year of service on Grade 3 year 1 shall be eligible to progress to Grade 3 year 2, subject to meeting progression criteria in subclause (i).

 

(vi)      Staff who complete one year of service on Grade 3 year 2 shall be eligible to progress to     Grade 4 year 1, subject to meeting progression criteria in subclause (i), and subject to completing the following training courses as approved by State Council:

 

(a)        Customer Focus for Supervisors Training.

 

(b)        Legislation Training.

 

(c)        Conflict Resolution Training.

 

(vii)     Staff who complete one year of service on Grade 4 year 1 shall be eligible to progress to Grade 4 year 2, subject to meeting the progression criteria in subclause (i).

 

(viii)    Staff who complete one year of service on Grade 4 year 2 shall be eligible to progress to Senior Customer Service Officer Level 1, subject to meeting progression criteria in subclause (i), and subject to completing the following as approved by State Council:

 

(a)        Leadership for Supervisors Training or equivalent training as determined by State Council.

 

(b)        Records Maintenance Training.

 

(c)        OH&S Basic Training, and

 

(d)        Thorough knowledge of Board Policy and Procedures as assessed by a written assessment task by the officers supervising officer.

 

(ix)       Staff who complete one year of service on Senior Customer Officer Level 1, shall be eligible to progress to Senior Customer Service Officer Level 2, subject to meeting progression criteria in subclause (i), and subject to completing the following as approved by State Council:

 

(a)        Financial Services Certificate III from TAFE or such other qualifications             and experience as State Council considers equivalent.

 

5.3.4     The assessment of an employee’s conduct and performance may be on an annual basis; however, the assessment shall be carried out no less than one month prior to the incremental date. The employee must be notified in writing by the Board of any decision and the reasons for such a decision if it is a deferment of the increment.

 

5.3.5     Accelerated Progression -

 

A Board may grant accelerated progression to any year of any Grade if the Board certifies,     after consultation with the Manager or Executive Officer, that the employee is performing above expectation in their current grade and work is available to perform at the higher level.

 

5.3.6     Conditions for Accelerated Progression -

 

(i)         An application for accelerated progression may be made by an employee who may have relevant qualifications and experience and who, by the nature and manner of the work performed, demonstrates high levels of performance.

 

(ii)        An application for accelerated progression must be made in writing through the Manager or Executive Officer to the Board. The application will be accompanied by a recommendation from the Manager or Executive Officer giving the reasons for support or non-support of the application.

 

(iii)       The accelerated progression shall take effect from one month after the date of lodgement of a successful application.

 

(iv)      If, on receipt of an application, a Board makes a decision not to approve the accelerated progression, it shall, as soon as practicable, notify the applicant in writing of the decision, setting out the reasons for the decision.

 

5.3.7     If a Customer Service Officer is dissatisfied with the decision of the Board on the question of progression or accelerated progression they may invoke the procedures outlined in clause 34, Dispute Settling Procedures.

 

5.3.8     A Senior Customer Service Officer must supervise other staff if required by the Board.

 

5.3.9     Acting as Office Coordinator, Executive Officer, or Manager.

 

(i)         Customer Service Officers who are directed by the Board to act as Executive Officer for five consecutive working days or more shall receive the first year rate of pay as Executive Officer for the period of relief.

 

(ii)        Senior Customer Service Officers who are directed by the Board to act as Office Coordinator for five consecutive days or more shall receive the first year rate of pay as Office Coordinator for the period of relief.

 

(iii)       Senior Customer Service Officers who are directed by the Board to act in any position of Manager (whether graded or ungraded) for five consecutive days or more, shall receive the first year rate of pay as Manager (ungraded).

 

(iv)      No allowance is paid for less than five consecutive working days’ relief.

 

(v)       The Board will direct who will act in the position, and for how long, each time this is necessary, consistent with E.E.O. principles.

 

5.4        Office Coordinators

 

The salaries of Office Coordinators shall be as set out in (4) of Table 1 - Salaries, of Part B, Monetary Rates.

 

5.4.1     Responsibilities

 

1.         Coordinate the functions of the RLPB office including customer service, information systems, land database, transfers, stock identification, sales, accountable books, generation of rates and returns, reminders and follow up action on rates and returns.

 

2.         Responsible for the supervision of all Customer Service Officers (CSO), including assessing, recommending, and coordinating training requirements.

 

3.         Coordinate regular CSO meetings.

 

4.         Implementation of the Board’s customer service charter, responsible for maintaining high standard of internal and external customer service.

 

5.         End of month financial processing and generation of financial reports for the Manager.

 

6.         Responsibility for payroll.

 

7.         Executive support to the Manager

 

8.         Delegated authority of District Registrar, other delegations as approved by the Board eg: annual stock movement permits, searches, drought claims.

 

9.         Act in higher duties when the Manager is absent including executive secretary to the Board. Coordinate board papers, meetings, take and action minutes.

 

10.       Training of Senior Customer Service Officers to act in the position of Office Coordinator (OC) during absences of the OC and when the OC is acting in higher duties during the Manager’s absences.

 

5.4.2     Establishment of Position.

 

(i)         A Board that has a Grade 3 Manager may establish a position of Office Coordinator.

 

(ii)        A Board that has a Grade 2 Manager may apply to State Council for approval for the establishment of a position and comply with any criteria determined by State Council.

 

(iii)       After establishment of the position, the Board is responsible for calling for applications for the position from Customer Service Officers employed by the Board.

 

(iv)      The Board shall appoint a selection committee, including one independent person, which shall recommend to the Board the most suitable applicant for the position.

 

(v)       If there is no suitable applicant from the Board employees, then the Board may advertise outside the Board.

 

5.4.3     The first three (3) months of service in the Board system on a continuous basis is probationary and shall be reviewed and assessed by the Manager in accordance with Guidelines issued by State Council. Initial appointment is to be made at the 1st year salary of the position.

 

5.4.4     Conditions for Appointment and Progression.

 

(i)         Appointment is subject to the applicant being capable of performing the duties and responsibilities of the position.

 

(ii)        Progression shall be by way of completion of years service in the position and subject to satisfactory conduct and performance, as assessed by the Manager, and subject to approval by the Board.

 

(iii)       Staff who complete year 1 shall be eligible to progress to year 2, subject to meeting progression criteria in subclause (ii), and subject to completing the following courses as approved by State Council:

 

(a)        Financial Services Certificate IV from TAFE or such other qualifications and experience as State Council considers equivalent.

 

(b)        Legislation training

 

(c)        Team Development for Supervisors

 

(iv)      Staff who complete year 2 shall be eligible to progress to year 3, subject to completing the following courses as approved by State Council:

 

(a)        Records Maintenance Training

 

(b)        OH&S Basic Training

 

(c)        Frontline Management Certificate IV Course

 

5.4.5     The assessment of an employee’s conduct and performance may be on an annual basis, however, the assessment shall be carried out no less than one month prior to the incremental date. The employee must be notified in writing by the board of any decision and the reasons for such decision if it is a deferment of the increment.

 

5.4.6     If an Office Coordinator is dissatisfied with the decision of the Board on the question of progression they may invoke the procedures outlined in clause 34, Dispute Settling Procedures.

 

5.4.7     Acting as Manager

 

Office Coordinators who are directed by the Board to act as Manager for five consecutive working days or more shall receive the first year rate of pay of Manager, at the appropriate grade, for the period of relief. No allowance is paid for less than five consecutive working days’ relief.

 

5.5        Rangers

 

The salaries of Rangers shall be as set out in (5) of Table 1 - Salaries, of Part B, Monetary Rates.

 

5.5.1

 

(i)         First year of service in the Board system on a continuous basis is probationary and shall be reviewed and assessed by the Manager or Executive Officer after consultation with the Chairman of the Board, the District Veterinarian or Veterinary Officer, and the Managing Ranger (if any) or the supervising Ranger in accordance with Guidelines issued by State Council.

 

(ii)        Initial appointment may be to any step in Grades 1 and 2, subject to being qualified and passing a Performance Assessment, if applicable.

 

(iii)       A person must continue to hold certification as Authorised Control Officer or Inspector of Stock to qualify holding the position of Ranger.

 

(iv)      The positions of Grade 3 Ranger, Grade 4 Ranger, and Managing Ranger Grade 5 require current certification as Authorised Control Officer and Inspector of Stock. Loss of certification as an Authorised Control Officer or Inspector of Stock disqualifies a person from holding those positions.

 

5.5.2     Allowances

 

(i)         A weekly supervisor’s allowance as set out in Item 1of Table 2 - Allowances, of Part B, Monetary Rates, is payable to Field Assistants, Senior Field Assistants, and Rangers, who are directed by a Board to supervise the work of a Ranger or Field Assistant or contractor.

 

(ii)        The weekly allowance is payable for supervising for part of a week. The allowance is not payable during the weeks that supervision is not directed; during 5 days leave or more; nor on termination payment.

 

(iii)       If a Ranger or Managing Ranger holds a Diploma or Degree, which State Council considers relevant, then an amount set out in (5) of  Table 1- Salaries, of Part B, Monetary Rates, shall be paid as salary to the employee.

 

5.5.3     Conditions for Normal Progression

 

(i)         Progression from Grade 1 through to Grades 2, 3 and 4 shall be by way of completion of the number of years of service at each Grade and subject to certification by the Manager or Executive Officer, after consultation with the Chairman of the Board, the District Veterinarian or Veterinary Officer and the Managing Ranger (if any) or the supervising Ranger that the Ranger is performing satisfactory service, and has completed all the required Units of study.

 

(ii)        The effective date of progression from Grade 1 through to Grades 2, 3, and 4 shall be the anniversary of the commencement date of employment, except for progression to Level 2 for persons employed at the commencement date of this award.

 

(iii)       Progression to Grade 2 Year 1 Level 2 shall be subject to passing the following units of study:

 

(a)        OH&S Greencard

 

(b)        RLPB - Organisation, policy, structure & functions

 

(c)        Legislation principles

 

(d)        Rangers role, Saleyard duties & functions

 

(e)        Chemical Application & Risk Management (AQF 3 or 4)

 

(f)         1080 Authority and Authorised Control Officer

 

OR Specimen Collection (for Animal Health Specialist Rangers)

 

(g)        Vertebrate Pests course, or passing the examination on the Rangers Manual

 

OR Introduction to Anatomy & Physiology (for Animal Health Specialist Rangers)

 

(iv)      Progression to Grade 2 Year 2 Level 2   shall be subject to passing the following units of study:

 

(a)        OH&S

 

(b)        Compliance Principles

 

(c)        Interstate Health Requirements

 

(d)        Livestock recognition, handling & tracing

 

(v)       Progression to Grade 2 Year 3 Level 2 shall be subject to passing the following units of study:

 

(a)        Communication and Interpersonal Skills

 

(b)        Client Services

 

(c)        Self Enforcement Infringement Notice Training

 

(d)        Prograze OR Introduction to Pathology (for Animal Health Specialist Rangers)

 

(vi)      Progression to Grade 3  shall be organised by the Manager or Executive Officer and shall be subject to:

 

(a)        Two (2) years service as a Ranger

 

(b)        Passing all the units of study for Grades 1, 2, and 3 at level 2 standard

 

(c)        Passing an examination on the Rangers’ Manual as conducted by the District Veterinarian

 

(d)        Passing a progression review by a panel consisting of a nominee of the Board; the Managing Ranger (if any) or the supervising Ranger; the Senior Field Veterinary Officer; and an Agricultural Protection Officer of the Department certifying that all of the following criteria have been met:

 

1.          Demonstrated suitable experience and ability to a standard required by the Board to perform the functions of an Authorised Control Officer, a Stock Inspector, and a Ranger carrying out duties in connection with Travelling Stock reserves as appropriate.

 

2.          Ability to exercise all appropriate functions under:

 

(a)        Stock Diseases Act 1923.

 

(b)        Rural Lands Protection Act 1998.

 

(c)        Interstate Stock Movements.

 

(d)        Disaster Relief.

 

3.          Ability to advise on and implement programs in:

 

(a)        Animal Welfare.

 

(b)        Noxious Weed Control as it relates to Travelling Stock Reserves if applicable, and Pest Animal harbour.

 

(c)        Pest Control if applicable.

 

(d)        Integrated Pest Management.

 

(e)        Animal Health Programs for the District.

 

4.          Demonstrated experience and ability to:

 

(a)        Work without supervision.

 

(b)        Have input into Board Policy formulation.

 

(c)        Prepare adequate reports to the Board.

 

(d)        Maintain adequate documentation of files and records.

 

(e)        Represent the Board and the Department in prosecutions if required by the Board.

 

(f)         Organise Field Days for ratepayers.

 

(g)        Perform general duties in a competent manner

 

(vii)     If a Board requires the services of a Specialist Animal Health Ranger, then as an alternative to subclause 5.5.3 (vi), the Board may approve following criteria for progression to grade 4:

 

(a)        Passing an examination for Specialist Ranger on the Ranger’s Manual as conducted by the District Veterinarian

 

(b)        Two (2) years service as a Ranger (providing that State Council may approve a lesser period in a special case);

 

(c)        Passing a progression review by a panel consisting of a nominee of the Board; the Managing Ranger (if any) or the supervising Ranger; the Senior Field Veterinary Officer or their representative and a nominee of the Department certifying that all of the following criteria have been met:

 

(d)        Demonstrated suitable experience and ability to a standard required by the Board and the Department to perform OJD functions or Footrot functions or any other functions which the State Council approves on a     case by case basis.

 

(e)        Demonstrated that the Specialist Ranger is performing at a high level of skill in the speciality; and achieving a sustained high output of advisory work.

 

(viii)    Progression to Grade 3 Level 2 shall be subject to passing the following units of study:

 

(a)        Office systems practice

 

(b)        Train Small Groups

 

(ix)       Progression to Grade 4 shall be organised by the Manager or Executive Officer and shall be subject to:

 

(a)        Five (5) years continuous service as a Ranger

 

(b)        One (1) year service on Grade 3

 

(c)        Passing an examination on the Rangers’ Manual as conducted by the District Veterinarian.

 

(d)        Demonstrating to the Manager or Executive Officer, who shall consult with the Chairman of the Board, the District Veterinarian or Veterinary Officer and the Managing Ranger (if any) or the supervising Ranger, that they are performing at a level that resulted in their progression to Grade 3.

 

(x)        Progression to Grade 4 Level 2 shall be subject to passing the following units of study:

 

(a)        Legislation Practices

 

(b)        Compliance Practices

 

(c)        Financial Planning and Budgeting

 

(d)        Infected Premises Security Coordinator OR Infected Premises Site Supervisor

 

(e)        Chemical Application & Risk Management (AQF 3 or 4)

 

5.5.4     Appointment of Managing Ranger Grade 5

 

(a)        Appointment to Managing Ranger Grade 5 depends on:

 

(i)         Establishment of the position by the Board.

 

(ii)        Supervising at least two other Rangers.

 

(iii)       Being required by the Board to perform all of the duties in paragraph 5.5.4 (b) (ii) of this subclause.

 

(iv)       Passing the Performance Assessment. The position must be established before application can be made for assessment.

 

(v)        Salary is paid from date of appointment by the Board.

 

(b)       Appointment to Managing Ranger Grade 5 shall be subject to:

 

(i)         Meeting all the requirements of the position of Ranger Grade 4; and

 

(ii)        Passing an assessment on the following duties by a panel consisting of a nominee of the Board (other than a Director or staff member of that Board); a nominee of State Council; and a current Managing Ranger. At least one (1) panel member should have sat on a previous panel.

 

(a)        Supervise all field staff and contractors (excluding District Veterinarian and specialist animal health staff).

 

(b)        Manage the Board’s Vertebrate Pest Control Policy and responsibilities.

 

(c)        Develop and manage the Board’s land management plans, operations, reporting policies and responsibilities as appropriate.

 

(d)        Budgeting and financial management of the Board’s field operations (excluding animal health).

 

(e)        Co-ordination with other Board staff and staff of other Boards and Agencies.

 

(f)         Manage the training of field staff.

 

(g)        Being actively involved in the recruitment of field staff and contractors.

 

5.5.5     Progression to Managing Ranger Grade 5 Level 2 shall be subject to passing the following units of study:

 

(i)         Selection Techniques

 

(ii)        Team Development for Supervisors (Frontline Management )

 

(iii)       Innovation for Supervisors

 

(iv)      Operational Management

 

(v)       Customer focus for Supervisors

 

(vi)      Leadership for Supervisors

 

(vii)     OHS for Supervisors

 

(viii)    Restricted Area Movement and security  OR Infected Premises Operation Manager

 

5.5.6     Accelerated Progression -

 

The Board may grant accelerated progression from Grades 1 and 2 to any year in Grade 2 at any time if the Board certifies that the Ranger is qualified for the progression; has completed all the required Units of study; and is performing above expectation.

 

Accelerated progression shall take effect from one (1) month after the date of lodgement of a successful application for accelerated progression.

 

5.5.7     Progression Dates

 

(i)         The effective date of progression to each Grade or year within a Grade shall be the anniversary of the commencement date of employment.

 

(ii)        If an employee is granted accelerated progression the employee shall have a progression date one year after the accelerated progression date.

 

(iii)       If progression date is subject to passing a course, and the course is not available at the date of normal progression, and an application for progression has been made one (1) month before the normal progression date, and if the course is successfully completed, then the progression date is 1 month after a successful written application for progression.

 

(iv)      The effective date of progression to Level 2 in each Grade is the date that the employee passes all the required units of study, completed the required years of service, is performing satisfactorily as certified by the Manager, and approved by the Chairman of the Board, provided that progression to Level 2 in all Grades shall not be before 1 July 2005.

 

Appeal

 

5.5.8     If a Ranger is dissatisfied with the decision of the Manager or Executive Officer or Board on the question of progression or accelerated progression they may invoke the procedures outlined in clause 34 Dispute Settling Procedures.

 

5.5.9     The State Council may, with the agreement of the Executive of the Rangers Association, substitute a Unit of study for another Unit of study.

 

5.6        Field Assistants - The salaries of Field Assistants shall be as set out in (6) of Table 1 - Salaries, of Part B, Monetary Rates.

 

5.6.1

 

(i)         First year of service in the Board system on a continuous basis is probationary.

 

(ii)        Initial appointment may be to Level 1 Field Assistant or Level 2 Field Assistant, depending on the duties required to be performed.

 

Classification Structure for Appointment of Field Assistants:

 

5.6.2     Level 1 Field Assistant

 

Appointment to the position of Level 1 Field Assistant depends on the following:

 

(i)         establishment of the position by the Board; and

 

(ii)        the person being capable of and required by the Board to perform the following duties:

 

(a)        Carry out work in connection with the maintenance of travelling stock routes and reserves and stock watering places, including windmills, fencing, yard building, timber treatment, water storage tanks, troughing and pipelines.

 

(b)        Carry out weed control using chemicals, boomsprays, handsprays, misters, hoes and ploughs and spread cochineal and cactoblastis insects.

 

(c)        Carry out pest insect control using chemicals, boomsprays, misters and hand sprays.

 

(d)        Assist in any other tasks as reasonably required by the Board.

 

5.6.3     Level 2 Field Assistant

 

Appointment to the position of Level 2 Field Assistant depends on the following:

 

(i)         establishment of the position by the Board; and

 

(ii)        the person being capable of and being required by the Board to perform the following duties:

 

(a)        Assist Ranger carrying out pest animal control programs, for example:

 

preparation of bait material, bait deliveries, bait laying, area surveillance, spreading of myxomatosis and Rabbit Calicivirus Disease, use of fumigation equipment, dogging of rabbits.

 

(b)        Assist Ranger carrying out pest insect control programs if applicable in employing Board.

 

(c)        Assist Ranger in saleyard monitoring of stock.

 

(d)        Assist Ranger in lice inspections.

 

(e)        Assist Ranger in impounding of stock.

 

(f)         Assist District Veterinarian, Ranger or Footrot Advisory Officer in footrot eradication programs.

 

(g)        Keep a daily diary and records on weed control, windmill repairs, water pumping repairs, maintenance on holding yards and any other records as required by the Board.

 

(h)        Assist Board staff at Field Days.

 

(i)         Fixes repair and maintenance vehicles, plant and equipment and carries out basic workshop duties.

 

(j)         Carry out work in connection with the maintenance of travelling stock routes and reserves and stock watering places, including windmills, fencing, yard building, timber treatment, water storage tanks, troughing and pipelines.

 

(k)        Carry out weed control using chemicals, boomsprays, handsprays, misters, hoes and ploughs and spread cochineal and cactoblastis insects.

 

(l)         Carry out pest insect control using chemicals, boomsprays, misters and handsprays.

 

(m)       Assist in any other tasks as reasonably required by the Board.

 

5.6.4     Senior Field Assistant

 

Appointment to the position of Senior Field Assistant depends on the following:

 

(i)         Establishment of the position by the Board;

 

(ii)        Two (2) years service as a Field Assistant or such other experience as the Board deems equivalent;

 

(iii)       The person being capable of and being required by the Board to perform the following duties:

 

(a)        All the duties of a Level 2 Field Assistant at a superior level as determined by the Board.

 

(b)        Ability to work without supervision.

 

(c)        Capable of carrying out the OH&S policies of the Board

 

6.  Competency and Training

 

6.1        The Board may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of the Rural Lands Protection Boards Conditions (State) Award published 2 December 1994 (282 I.G. 946), as varied, provided that such duties are not designed to promote de-skilling.

 

6.2        The Board may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment.

 

6.3        Any direction issued by a Board pursuant to subclauses 6.1 and 6.2 shall be consistent with the Board's responsibilities to provide a safe and healthy working environment.

 

7.  Hours of Work

 

7.1        Hours of work, exclusive of meal breaks, shall not exceed an average of 38 hours per week. Wherever possible, regularised hours of work should be maintained and rosters should be mutually agreed between the Board and the employee.  A lunch break of at least 30 minutes must be given to and taken by all employees.  No employee shall be required to work continuously for more than 5 hours without a break.

 

7.2        Where an employee, by agreement with the Board, works in excess of 38 hours in any one week, the employee shall be entitled to equivalent time off at a later time, that time to be mutually agreed between the Board and the employee concerned so that, over the period of time concerned, the average number of hours per week the employee works equals 38.

 

7.3        In the absence of an agreement to the contrary, time off in lieu of excess hours shall be acquitted within a four-week period of the excess hours being worked, so that over the four-week cycle the employee works a total of 152 hours.

 

7.4        Provided that, in the absence of an agreement to the contrary, time off in lieu of excess hours not acquitted within a four-week period of the excess hours being worked shall be forfeited.

 

7.5        Provided that an employee and a Board may agree to either:

 

(a)        defer the taking of time off in lieu to a date beyond the four-week cycle; or

 

(b)        defer the taking of the time off in lieu to be taken in conjunction with annual or other leave.

 

7.6        Provided that all excess time shall be acquitted within one year of its being worked so that, over the 52 weeks of any year, the average ordinary hours worked per week equal 38.

 

7.7        Rangers, Executive Officers, Managers and District Veterinarians are on call for 24 hours each day when it is a reasonable request.

 

7.8        A person leaving the service of a Board with leave in lieu in credit at the date of ceasing duty is not entitled to the monetary value of the hours in credit.

 

7.9        The method to be used to calculate the hourly rate shall be as follows:

 

Fortnightly Salary = Annual Salary divided by 26.0714

 

Hourly Rate = Fortnightly Salary divided by 76.0000

 

8.  Overtime

 

8.1        Overtime shall mean one continuous hour or more in excess of 38 hours per week worked at the direction of the Board which, from its character or from special circumstances, cannot be performed in accordance with arrangements under clause 7, Hours of Work.

 

8.2        Payment for overtime worked shall not be made under this award without:

 

(i)         Board approval for the overtime worked; and

 

(ii)        Board approval for the payment of overtime.

 

8.3        Approved paid overtime shall be paid at the following rates:

 

(i)         For all overtime, other than on Sundays and public holidays, worked in excess of 38 hours per week - at the rate of time and a half for the first two hours and double time thereafter.

 

(ii)        For all overtime worked on Sunday - double time for each and every hour; (for overtime worked on public holidays see clause 12).

 

(iii)       Overtime rates are not fixed for meal times.

 

(iv)       If an employee is absent from duty on any working day during any week in which overtime has been worked by them, the time so lost may be deducted from the total value of overtime worked by them during the week unless there has been granted leave of absence for recreation or on account of illness or unless, in the opinion of the Board, their absence has been caused by circumstances beyond their own control.

 

(v)        An employee who works overtime which is not continuous with ordinary working hours shall be paid a minimum payment as for two hours work at the appropriate rate as prescribed by this award.

 

8.4        After completion of the first continuous hour, overtime shall not be paid for periods of less than one-quarter of an hour.

 

8.5        The method to be used to calculate overtime shall be as follows:

 

Fortnightly Salary = Annual Salary divided by 26.0714

 

Hourly Rate = Fortnightly Salary divided by 76.0000

 

which shall determine the ordinary-time (single) hourly rate.

 

8.6        To determine appropriate rates, the rate determined in 8.5 above shall be multiplied by 3/2 or 2 as the case may be.

 

8.7        Rangers, Field Assistants, Managers, Executive Officers, Administrative Officers, Administrative Assistants and District Veterinarians accept the system of leave in lieu of overtime as provided in this award.

 

9.  Recreation Leave

 

9.1        Employees shall be entitled to paid recreation leave at the following annual rates:

 

(a)        20 working days where the employee's headquarters is in a district in the Eastern Division.

 

(b)        26 working days where the employee's headquarters is in the Central or Western Division.

 

(c)        Not more than 40 days recreation leave shall be allowed in any period of 12 months, except with the approval of the Board.

 

9.2        Recreation leave shall not accrue for a period in excess of 50 working days except with the approval of the Board and any excess will be forfeited, provided the Board had not prevented the employee taking their leave when due or approval to accumulate more than the 50 working days had been granted by the Board.

 

9.3        Recreation leave hereunder shall be deemed to accrue from month to month and leave so accrued or any portion thereof may be granted to any employee by the Board at such time as the Board deems convenient.

 

9.4        Where the employment of an employee terminates for any reason whatsoever the employee or their spouse, children, or other dependent relative or legal representative shall be paid the monetary value of accrued recreation leave due, calculated at the rate of remuneration which the employee was receiving  at the date when the employee's services terminated. It shall not be paid to another Board..

 

9.5        Recreation leave shall accrue to employees in respect of any period of absence from duty on long service leave. However, recreation leave only accrues at 50% in respect of any long service leave at half pay.

 

9.6        Rangers, Field Assistants, Managers, Executive Officers, Administrative Officers, Administrative Assistants and District Veterinarians will take a minimum of ten consecutive working days as recreation leave during each period of one year after the first year of service.

 

9.7        An employee cannot be paid for recreation leave and also be paid a wage by the Board for working during that period.

 

10.  Recreation Leave Loading

 

10.1      Employees shall be paid an annual leave loading at the rate of 17.5 per cent for a maximum of four (4) weeks of recreation leave or part thereof.

 

10.2      There shall be an annual leave loading year ending 30 November in every year.

 

10.3      The full entitlement to the annual leave loading that the employee has accrued over the previous 12 months is to be paid to the employee on 30 November in every year (except there is no entitlement to accrual in the first year of service) up to a maximum of four weeks; Provided the employee has taken a minimum of 10 consecutive working days as recreation leave in the previous 12 month period, unless prevented by the Board.

 

10.4      The annual leave loading is payable on a pro-rata basis when an employee is granted recreation leave to their credit, (or the monetary value thereof); maternity leave; on transfer to another board; resignation; retirement; or termination of employment; PROVIDED the employee has taken a minimum of 10 consecutive working days as recreation leave in the previous 12 month period, unless prevented by the Board

 

10.5      Broken service during the year does not attract the annual leave loading, e.g., if an employee resigns and is subsequently re-employed during the same year, only the service from the date of re-employment attracts the annual leave loading, subject to the foregoing conditions.

 

10.6      For the purpose of this clause the services of an employee shall be deemed to have commenced at the date of the person first being employed by a Board and the person's period of service shall not be deemed to have been interrupted:

 

(1)        by the person ceasing to be employed by one Board and immediately thereafter, except for a period of any award leave to which the person was entitled, commencing employment with another Board; or

 

(2)        by the person having served or trained in the defence of the Commonwealth.

 

10.7      Rate of Payment - The annual leave loading is to be calculated on the salary as at November 30, or the granting of maternity leave, resignation, retirement or termination of employment, whichever is applicable.

 

10.8      On appointment to another Board, the annual leave loading is payable on a pro-rata basis to that Board and any leave taken while at the previous Board is taken into account at the new Board.

 

11.  Long Service Leave 

 

11.1      Long Service Leave

 

(a)        Every employee who has had ten years service shall be entitled to 44 working days leave on full pay or, with the approval of the board, 88 working days on half pay. After service in excess of ten years the employee shall be entitled to further leave proportionate to their length of service after ten years, calculated on the basis of 110 working days on full pay or, with the approval of the Board, 220 working days on half pay for ten years served after initial service of ten years. The approval of the Board shall not be unreasonably withheld.

 

(b)        Three months notice shall be given by the employee to the Board for long service leave of 4 weeks or more, and reasonable notice shall be given for long service leave of less than 4 weeks, unless special circumstances exist for the taking of such leave.

 

(c)        The Board shall give to the employee, and the employee shall take the leave having regard to the needs of the Board.

 

11.2      If a public holiday falls within the period of long service leave, the period of leave is extended by one working day in respect of that holiday.

 

11.3      Where service of an employee with at least five years service and less than ten years service terminates for any reason other than the employee's serious or wilful misconduct, the employee shall be entitled to proportionate payment of such leave, calculated on the basis of two months leave for ten years of service.

 

11.4      Where the service of an employee with at least ten years of service terminates by reason of resignation, retirement or dismissal for any cause, the employee shall be entitled to leave pursuant to subclause 11.1 of this clause, if not already taken and in addition to the amount of leave proportionate to the employee's length of service after ten years calculated on the basis of five months on full pay after service of ten years; provided that resignation for the purpose of immediately commencing employment  with another Board shall not be deemed to be resignation for the purpose of this subclause.

 

11.5      Where the service of an employee with at least five years service and less than ten years service terminates by reason of their death, their next of kin or nominated beneficiary shall be entitled to receive the monetary value to which the employee would have been entitled, had the person's services been terminated for any of the reasons set out in subclause 11.4 of this clause, computed at the rate of salary such employee received at the time of death.

 

11.6      When an employee who is entitled to long service leave with pay dies before entering upon such leave or after entering upon such leave dies before its termination, their next of kin or nominated beneficiary shall be entitled to receive the monetary value of the leave not taken or not completed.

 

11.7      When an employee who is entitled to long service leave resigns or has retired, such employee shall be entitled to receive forthwith the monetary value of such leave.

 

11.8      In case of necessity, the Board may grant leave of absence without salary.

 

11.9      For the purpose of this clause the services of an employee shall be deemed to have commenced at the date of the person first being employed by a Board and the person's period of service shall not be deemed to have been interrupted:

 

(a)        by the person ceasing to be employed by one Board and immediately thereafter, except for a period of any award leave to which the person was entitled, commencing employment with another Board; or

 

(b)        by the person having served or trained in the defence of the Commonwealth Employment with another Board.

 

11.10    When an employee is immediately employed by another Board, the former employing Board shall pay to the newly employing Board a pro-rata payment of the cash equivalent of the contingent liability based on 44 working days for 10 years service.  Example for 2.5 years service, payment will be 11 working days pay as per Table 3, Long Service Leave Accrual.

 

11.11    In addition, where the employee has had more than 10 years service, the former employing Board shall pay the newly employing Board a pro-rata payment based on 110 working days per 10 years after the initial service of 10 years.

 

11.12    Long service leave is calculated on the basis of a 5 day week in accordance with Table 3.

 

11.13    "Service" for the purposes of this award means continuous service as defined in Section 4 clause (11) of the Long Service Leave Act 1955.

 

12.  Public Holidays

 

12.1      In addition to recreation leave provided for in clause 9, Recreation Leave, employees shall be entitled to the following 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, next working day after Boxing Day and any days appointed by the Governor by proclamation in the Gazette to be observed as a public holiday within the town in which the Board's office is situated.

 

12.2      A Board may allow an employee to accrue sufficient excess hours to enable the employee to take time off in lieu during the days between the next working day after Boxing Day and New Year’s Day.

 

12.3      All time worked on a public holiday at the direction of the Board shall be paid for at the rate of double time and a half. Alternatively, employees who work on a public holiday may, by mutual agreement, perform such work at ordinary rates, provided that leave at the rate of time and a half is added to the employee's annual leave, or one working day and a half in lieu of such public holiday shall be allowed to the employee within 28 days of such holiday falling due.

 

12.4      If an employee is requested by the Board to work on a Saturday or Sunday at a Field Day, the employee is entitled to leave-in-lieu at 1.5 hours for each hour on duty.

 

13.  Special Leave

 

Special leave with pay shall be granted to employees in certain circumstances as listed below. A Board may, from time to time, specify other purposes for which special leave may be granted. Special leave applies to activities which are not regarded as being on duty covered by other forms of leave.

 

13.1      Jury Service

 

(a)        An employee is to be granted special leave for the purpose of attending a court for jury service, subject to the employee presenting a certificate of attendance from the Registrar or Sheriff and paying all jury fees, other than travelling expenses, to the Board.

 

(b)        Special leave is not available if jury service falls during a period of absence on recreation leave or long service leave, etc.

 

(c)        When special leave is not applied for, i.e., where a person elects to take recreation leave, leave without pay, etc., the jury fee may be retained by the employee.

 

13.2      Acting as a member of an industrial committee - An employee appointed as a member of an industrial committee under the provisions of the Industrial Relations Act 1996 is to be granted special leave for such time as is necessary for committee deliberations.

 

13.3      Travelling to another centre for medical examination - Employees required to travel to another centre for medical examination at the direction of the Board are to be granted special leave for the time they are necessarily absent from duty.

 

13.4      First-aid officers attending courses to train or retrain first-aid officers - Special leave is available for attendance at courses conducted to train or retrain first-aid officers in order to meet Board needs. In such cases the cost of the course will be met from Board funds, provided that the person is nominated by the Board to attend the course.

 

13.5      Blood Donors - Employees shall be granted special leave to give blood, with such leave being restricted to the time reasonably necessary.

 

13.6      Defence Forces Reserves - Special leave is available to employees who are members of the Defence Forces Reserves for the purpose of travelling to annual camp and attendance at medical examinations.

 

14.  Short Leave

 

14.1      An employee, other than a casual employee, shall be entitled to up to three working days short leave without deduction of pay on each occasion of the death of a person prescribed in subclause 14.3 below.  If such leave in any case exceeds three working days in any 12-month period, the excess shall be deducted from any recreation leave due to the employee, or the Board may grant leave of absence without salary.

 

14.2      The employee must notify the Board as soon as practicable of the intention to take short leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

14.3      Short 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 15A.1 (c) (ii), provided that for the purpose of short leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

14.5      Short leave may be taken in conjunction with other leave available under subclauses 15A2, 15A.3, 15A.4, 15A.5 and 15A.6 in clause 15A. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

14.6      An employee being an ex-service person may be granted special leave of absence with full pay in one or more periods up to a maximum of seven working days in any period of 12 months for the following purposes:

 

(a)        to Attend a Hospital Or Visit a Medical Officer for a Pension Application, Appeal Or Review;

 

(b)        to attend a hospital or medical officer for periodical examination or attention;

 

(c)        to attend a hospital, medical practitioner, specialist, artificial limb maker, maker of surgical appliances or factory for the supply, replacement or repair of an artificial limb or surgical appliance.

 

15.  Sick Leave

 

15.1      Where the Board is satisfied that an employee is unable to perform their duties on account of ill health, it may grant absence on full pay for the relevant period set out in paragraph (a) of this subclause or the period set out in paragraph (b) of this subclause, whichever is the longer:

 

(a)        during the first year of service, at the rate of twelve (12) working days per year accrued pro-rata; during the second year of service and thereafter,  20 working days in any period of 12 months

 

or, alternatively:

 

(b)        by accumulating a period calculated by allowing ten (10) working days for each completed year of service and deducting therefrom the period of sick leave on full pay taken by an employee during the person's period of service, provided that:

 

(i)         leave under this clause shall not be granted for a continuous period in excess of 120 working days;

 

(ii)        the maximum period of sick leave on full pay which may be granted to an employee during their service shall not exceed 400 working days, unless specially approved by the employing Board.

 

(c)        The benefits conferred by this clause shall be deemed to accrue as from the date of the employee being first employed by a Board and there has been no interruption of service except for a period of any award leave to which the person was entitled.

 

15.2      The employee shall, as soon as practicable from the commencement of such absence, inform the Board or the Board's representative of the employee's inability to attend for duty and the estimated duration of absence.

 

15.3      The Board, on being satisfied that further leave in addition to that provided for in subclause 15.1 of this clause is necessary on account of illness, may grant such further leave on such terms as it may consider appropriate in the circumstances of the case.

 

15.4      Any employee absent on account of illness for any period exceeding three consecutive working days shall submit to the Board a medical certificate, and the Board may require provision of a medical certificate in respect of absence for a shorter period owing to illness.

 

15.5      The Board may send a medical practitioner or may send an employee to a medical practitioner to examine any employee who is absent from duty on account of illness and, if the Board is satisfied by the report of such medical practitioner that the illness of such employee has been caused by the person's own misconduct, the fee of the medical practitioner and the employee's salary for each working day of absence shall be deducted from any monies due or to become due to the employee. Any employee aggrieved by any such deduction may appeal in accordance with the procedures in clause 32, Dispute Settling Procedures.

 

15.6

 

(a)        If the Board has reason to believe an employee is in such a state of health as to render them a danger to their fellow officers or to the public, it may require the employee to obtain and furnish a report of the person's condition from a duly qualified medical practitioner for examination either by a Government medical officer or by a medical practitioner named by the Board.  The required report is to be provided at the Boards expense.

 

(b)        Upon receipt of the medical report the Board may direct the employee to absent themself from their duties for a specified period and the employee's absence shall be regarded as absence on leave owing to illness and such leave shall be granted on terms and conditions set out in this clause.

 

15.7      If the absence from duty of an employee arises from circumstances which may give rise to a claim for payment under the Workers' Compensation Act 1988, the employee concerned may be paid salary to the extent of the sick leave for which the person is eligible in accordance with this clause and such payment shall be regarded as being made pending determination of the conditions on which leave shall be granted and shall be adjusted when such determination has been made.

 

15.8      Payments made in accordance with subclause 15.7 of this clause shall be regarded as inclusive of compensation (other  than medical expenses) to which the employee may be entitled under the said Act.

 

15.9      Where the employee is injured or becomes ill under circumstances which may render the person eligible to claim compensation under the said Act and such employee states that they do not intend to claim workers compensation, leave with pay shall not be granted to such employee.

 

15.10    Where the circumstances of any injury to or illness of an employee may give rise to a claim for damages or compensation otherwise than under the said Act, sick leave may be granted by the Board in accordance with this clause, upon completion by the employee of an undertaking in a form approved by the Board that, in the event of the person's recovering damages or compensation in respect to the injury or illness, the person shall repay to the Board the monetary value of any sick leave granted in respect of such injury or illness.

 

15.11    All accumulated sick leave is to be transferred to another Board where the employee is appointed from one Board to another Board without a break in service, except for accumulated leave under this award.

 

15A.  State Personal and Carer's Leave Case - August 1996

 

15A.1  Use of Sick Leave:

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) of this subclause who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 15, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single working 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:

 

(A)       a spouse of the employee; or

 

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

 

(C)       a child or an adult child (including an adopted child, 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

 

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

 

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

 

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

 

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

 

(3)        "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 prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

15A.2  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 15A.1 who is ill.

 

15A.3  Annual Leave:

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five working days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

 

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

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.

 

15A.4  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 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 paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

15A.5  Make-up Time:

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

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

 

15A.6  Rostered Days Off:

 

(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

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

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise, of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

16.  Parental Leave

 

16.1      Subject to the terms of this clause, employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

 

16.2      Definitions - For the purpose of this clause:

 

(a)        "Employee" includes a part-time employee but does not include an employee engaged upon casual or seasonal work.

 

(b)        "Paternity Leave" means leave of the type provided for in subclause 16.4.

 

(c)        "Maternity Leave" means leave of the type provided for in subclause 16.3 (and includes special maternity leave).

 

(d)        "Child" means a child of the employee under the age of one year.

 

(e)        "Spouse" includes a de facto spouse.

 

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

 

(g)        "Continuous service" means service under an unbroken contract of employment with a Board or Boards and includes:

 

(i)         any period of leave taken in accordance with this subclause;

 

(ii)        any period of leave or absence authorised by the Board or by the award.

 

16.3      Maternity Leave:

 

16.3.1               Nature of Leave - Maternity leave is unpaid leave.

 

16.3.2               Eligibility for Maternity Leave - An employee who becomes pregnant, upon production to her employer of the certificate required by paragraph 16.3.3 hereof, shall be entitled to a period of up to 52 weeks maternity leave, provided that such leave shall not extend beyond the child's first birthday. This entitlement shall be reduced by any period of paternity leave taken by the employee's spouse and, apart from paternity leave of up to one week at the time of confinement, shall not be taken concurrently with paternity leave.

 

Subject to paragraphs 16.3.5 and 16.3.8 of this subclause, the period of maternity leave shall be unbroken and shall, immediately following confinement, include a period of six weeks compulsory leave.

 

The employee must have had at least 12 months' continuous service with that employer immediately preceding the date upon which she proceeds upon such leave.

 

16.3.3               Certification - When applying for maternity leave the employee must produce to her employer a certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement.

 

The employee must also produce to her employer a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

 

16.3.4               Notice Requirements

 

(a)        An employee shall, not less than ten weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement.

 

(b)       An employee shall give not less than four weeks notice in writing to her employer of the date upon which she proposes to commence maternity leave stating the period of leave to be taken.

 

(c)        An employer by not less than 14 days' notice in writing to the employee may require her to commence maternity leave at any time within the six weeks immediately prior to her presumed date of confinement.

 

(d)       An employee shall not be in breach of this clause as a consequence of failure to give the stipulated period of notice in accordance with subparagraph (b) of this paragraph if such failure is occasioned by the confinement occurring earlier than the presumed date.

 

16.3.5               Transfer to a safe job - Where, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

 

If the transfer to a safe job is not practicable, the employee may, or the employer may require the employee to, take leave for such period as is certified necessary by a registered medical practitioner. Such leave shall be treated as maternity leave for the purposes of paragraphs 16.3.9, 16.3.10, 16.3.11 and 16.3.12 of this subclause.

 

16.3.6               Variation of period of maternity leave

 

(a)        Provided the maximum period of maternity leave does not exceed the period to which the employee is entitled under paragraph 16.3.2 of this subclause:

 

(i)         the period of maternity leave may be lengthened once only by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened;

 

(ii)        the period may be further lengthened by agreement between the employer and the employee.

 

(b)       The period of maternity leave may, with the consent of the employer, be shortened by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened.

 

16.3.7               Cancellation of maternity leave

 

(a)        Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee terminates other than by the birth of a living child.

 

(b)       Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the employee to the employer that she desires to resume work.

 

16.3.8               Special maternity leave and sick leave

 

(a)        Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then:

 

(i)         she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before her return to work; or

 

(ii)        for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a registered medical practitioner certifies as necessary before her return to work.

 

(b)       Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is entitled and such further unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed the period to which the employee is entitled under paragraph 16.3.2 of this subclause.

 

(c)        For the purposes of paragraphs 16.3.9, 16.3.10 and 16.3.11 of this subclause, maternity leave shall include special maternity leave.

 

(d)       An employee returning to work after the completion of a period of leave taken pursuant to this paragraph shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe job pursuant to paragraph 16.3.5 of this clause, to the position she held immediately before such transfer.

 

Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, she shall be entitled to a position as nearly comparable in status and pay to that of her former position.

 

16.3.9               Maternity leave and other leave entitlements

 

(a)        Provided the aggregate of any leave, including leave taken under this subclause, does not exceed the period to which the employee is entitled under paragraph 16.3.2 of this subclause, an employee may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is entitled.

 

(b)       Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave) shall not be available to an employee during her absence on maternity leave.

 

16.3.10 Effects of maternity leave on employment

 

Subject to this subclause, notwithstanding any award or other provision to the contrary, absence on maternity leave shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.

 

16.3.11             Termination of employment

 

(a)        An employee on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award.

 

(b)       An employer shall not terminate the employment of an employee on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

 

16.3.12             Return to work after maternity leave

 

(a)        An employee shall confirm her intention of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave.

 

(b)       An employee, upon returning to work after maternity leave or the expiration of the notice required by subparagraph (a) of this paragraph, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to paragraph 16.3.5 of this subclause, to the position which she held immediately before such transfer or, in relation to an employee who has worked part-time during the pregnancy, the position she held immediately before commencing such part - time work.

 

Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, she shall be entitled to a position as nearly comparable in status and pay to that of her former position.

 

16.3.13             Replacement employees

 

(a)        A replacement employee is an employee specifically engaged as a result of an employee proceeding on maternity leave.

 

(b)       Before an employer engages a replacement employee the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

 

(c)        Before an employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising her rights under this subclause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.

 

(d)       Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.

 

16.4      Paternity Leave:

 

16.4.1               Nature of Leave - Paternity leave is unpaid leave.

 

16.4.2               Eligibility for paternity leave - A male employee, upon production to his Board of the certificate required by paragraph 16.4.3 shall be entitled to one or two periods of paternity leave, the total of which shall not exceed 52 weeks, in the following circumstances:

 

(a)        an unbroken period of up to one week at the time of confinement of his spouse;

 

(b)       a further unbroken period of up to 51 weeks in order to be the primary care-giver of a child, provided that such leave shall not extend beyond the child's first birthday. This entitlement shall be reduced by any period of maternity leave taken by the employee's spouse and shall not be taken concurrently with that maternity leave.

 

The employee must have had at least 12 months' continuous service with the Board immediately preceding the date upon which he proceeds upon either period of leave.

 

16.4.3               Certification

 

(a)        When applying for paternity leave the employee must produce to his employer a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement or states the date on which the birth took place.

 

(b)       In relation to any period to be taken under subparagraph (b) of this paragraph, the employee must also produce a statutory declaration stating:

 

(i)         he is seeking that period of paternity leave to become the primary care-giver of a child:

 

(ii)        particulars of any period of maternity leave sought or taken by his spouse; and

 

(iii)       for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

 

16.4.4               Notice Requirements

 

(a)        The employee shall, not less than ten weeks prior to each proposed period of leave, give the employer notice in writing stating the dates on which he proposes to start and finish the period or periods of leave and produce the certification required in paragraph 16.4.3 of this subclause.

 

(b)       The employee shall not be in breach of this paragraph as a consequence of failure to give the notice required in subparagraph (a) of this paragraph, if such failure is due to:

 

(i)         the birth occurring earlier than the expected date; or

 

(ii)        the death of the mother of the child; or

 

(iii)       other compelling circumstances.

 

(c)        The employee shall immediately notify his employer of any change in the information provided pursuant to paragraph 16.4.3 of this subclause.

 

16.4.5               Variation of period of paternity leave

 

(a)        Provided the maximum period of paternity leave does not exceed the period to which the employee is entitled under paragraph 16.4.2 of this subclause:

 

(i)         the period of paternity leave provided by subparagraph (b) of paragraph 16.4.2 may be lengthened once only by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened;

 

(ii)        the period may be further lengthened by agreement between the employer and the employee.

 

(b)       The period of paternity leave taken under subparagraph (b) of paragraph 16.4.2 of this subclause may, with the consent of the employer, be shortened by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened.

 

16.4.6               Cancellation of paternity leave

 

Paternity leave, applied for under subparagraph (b) of paragraph 16.4.2 of this subclause but not commenced, shall be cancelled when the pregnancy of the employee's spouse terminates other than by the birth of a living child.

 

16.4.7               Paternity leave and other leave entitlements

 

(a)        Provided the aggregate of any leave, including leave taken under this subclause, does not exceed the period to which the employee is entitled under paragraph 16.4.2 of this subclause, an employee may, in lieu of or in conjunction with paternity leave, take any annual leave or long service leave or any part thereof to which he is entitled.

 

(b)       Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave) shall not be available to an employee during his absence on paternity leave.

 

16.4.8               Effect of paternity leave on employment

 

Subject to this subclause, notwithstanding any award or other provision to the contrary, absence on paternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.

 

16.4.9               Termination of employment -

 

(a)        An employee on paternity leave may terminate his employment at any time during the period of leave by notice given in accordance with this award.

 

(b)       An employer shall not terminate the employment of an employee on the ground of his absence on paternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

 

16.4.10 Return to work after paternity leave

 

(a)        An employee shall confirm his intention of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of the period of paternity leave provided by subparagraph (b) of paragraph 16.4.2.

 

(b)       An employee, upon returning to work after paternity leave or the expiration of the notice required by subparagraph (a) of this paragraph, shall be entitled to the position which he held immediately before proceeding on paternity leave or, in relation to an employee who has worked part-time under this clause, to the position he held immediately before commencing such part-time work.

 

Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, he shall be entitled to a position as nearly comparable in status and pay to that of his former position.

 

16.4.11             Replacement employees -

 

(a)        A replacement employee is an employee specifically engaged as a result of an employee proceeding on paternity leave.

 

(b)       Before a Board engages a replacement employee the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

 

(c)        Before a Board engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising his rights under this subclause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.

 

(d)       Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.

 

16.5      Adoption Leave:

 

16.5.1   Nature of Leave - Adoption leave is unpaid leave.

 

16.5.2   Definitions - For the purposes of this subclause:

 

(a)        "Child" means a person under the age of five years who has not previously lived continuously with the employee concerned for a period of six months, or who is not a child or stepchild of the employee or of the spouse of the employee and is placed with the employee for the purpose of adoption.

 

(b)       "Relative adoption" occurs where a child, as defined, is adopted by a parent, spouse of a parent or other relative being a grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage).

 

16.5.3               Eligibility

 

An employee, upon production to the employer of the documentation required by paragraph 16.5.4 of this subclause shall be entitled to one or two periods of adoption leave, the total of which shall not exceed 52 weeks, in the following circumstances:

 

(a)        an unbroken period of up to three weeks at the time of the placement of the child;

 

(b)       an unbroken period of up to 52 weeks from the time of its placement in order to be the primary care giver of the child. This entitlement shall be reduced by:

 

(i)         any period of leave taken pursuant to subparagraph (a) of this paragraph; and

 

(ii)        the aggregate of any periods of adoption leave taken or to be taken by the employee's spouse.

 

Such leave shall not extend beyond one year after the placement of the child and shall not be taken concurrently with adoption leave taken by the employee's spouse.

 

The employee must have had at least 12 months' continuous service with that employer immediately preceding the date upon which he or she proceeds upon such leave in either case.

 

16.5.4               Certification

 

Before taking adoption leave the employee must produce to the Board:

 

(a)

 

(i)         a statement from an adoption agency or other appropriate body of the presumed date of placement of the child with the employee for adoption purposes; or

 

(ii)        a statement from the appropriate government authority confirming that the employee is to have custody of the child pending application for an adoption order.

 

(b)       In relation to any period of leave to be taken under subparagraph (b) of paragraph 16.5.3, a statutory declaration stating:

 

(i)         the employee is seeking adoption leave to become the primary care giver of the child;

 

(ii)        particulars of any period of adoption leave sought or taken by the employee's spouse; and

 

(iii)       for the period of adoption leave the employee will not engage in any conduct inconsistent with his or her contract of employment.

 

16.5.5               Notice requirements

 

(a)        Upon receiving notice of approval for adoption purposes, an employee shall notify the employer of such approval and within two months of such approval shall further notify the employer of the period or periods of adoption leave the employee proposes to take. In the case of a relative adoption the employee shall notify as aforesaid upon deciding to take a child into custody pending an application for an adoption order.

 

(b)       An employee who commences employment with an employer after the date of approval for adoption purposes shall notify the employer thereof upon commencing employment and of the period or periods of adoption leave which the employee proposes to take. Provided that such employee shall not be entitled to adoption leave unless the employee has not less than 12 months' continuous service with that employer immediately preceding the date upon which he or she proceeds upon such leave.

 

(c)        An employee shall, as soon as the employee is aware of the presumed date of placement of a child for adoption purposes but not later than 14 days before such placement, give notice in writing to the employer of such date and of the date of the commencement of any period of leave to be taken under subparagraph (b) of paragraph 16.5.3.

 

(d)       An employee shall, ten weeks before the proposed date of commencing any leave to be taken under subparagraph (b) of paragraph 16.5.3, give notice in writing to the employer of the date of commencing leave and the period of leave to be taken.

 

(e)        An employee shall not be in breach of this subclause as a consequence of failure to give the stipulated period of notice in accordance with subparagraphs (c) and (d) of this paragraph if such failure is occasioned by the requirement of an adoption agency to accept earlier or later placement of a child, the death of the spouse or other compelling circumstances.

 

16.5.6               Variation of period of adoption leave

 

(a)        Provided the maximum period of adoption leave does not exceed the period to which the employee is entitled under paragraph 16.5.3:

 

(i)         the period of leave taken under subparagraph (b) of paragraph 16.5.3 may be lengthened once only by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened;

 

(ii)        the period may be further lengthened by agreement between the employer and employee.

 

(b)       The period of adoption leave taken under subparagraph (b) of paragraph 16.5.3 hereof may, with the consent of the employer, be shortened by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened.

 

16.5.7               Cancellation of adoption leave

 

(a)        Adoption leave, applied for but not commenced, shall be cancelled should the placement of the child not proceed.

 

(b)       Where the placement of a child for adoption purposes with an employee then on adoption leave does not proceed or continue, the employee shall notify the employer forthwith and the employer shall nominate a time not exceeding four weeks from receipt of notification for the employee's resumption of work.

 

16.5.8               Special leave

 

The Board shall grant to any employee who is seeking to adopt a child, such unpaid leave not exceeding two days as is required by the employee to attend any compulsory interviews or examinations as are necessary as part of the adoption procedure. Where paid leave is available to the employee the Board may require the employee to take such leave in lieu of special leave.

 

16.5.9               Adoption leave and other entitlements

 

(a)        Provided the aggregate of any leave, including adoption leave taken under this subclause, does not exceed the period to which the employee is entitled under paragraph 16.5.3 of this subclause, an employee may, in lieu of or in conjunction with adoption leave, take any annual leave or long service leave or any part thereof to which he or she is entitled.

 

(b)       Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave) shall not be available to an employee during the employee's absence on adoption leave.

 

16.5.10             Effect of adoption leave on employment

 

Subject to this subclause, notwithstanding any award or other provision to the contrary, absence on adoption leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.

 

16.5.11             Termination of employment

 

(a)        An employee on adoption leave may terminate the employment at any time during the period of leave by notice given in accordance with this award.

 

(b)       A Board shall not terminate the employment of an employee on the ground of the employee's application to adopt a child or absence on adoption leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

 

16.5.12             Return to work after adoption leave

 

(a)        An employee shall confirm the intention of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of the period of adoption leave provided by subparagraph 16.5.3 of this clause.

 

(b)       An employee, upon returning to work after adoption leave shall be entitled to the position held immediately before proceeding on such leave or, in relation to an employee who has worked part-time under this clause, the position held immediately before commencing such part-time work.

 

Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee shall be entitled to a position as nearly comparable in status and pay to that of the employee's former position.

 

16.5.13             Replacement employees

 

(a)        A replacement employee is an employee specifically engaged as a result of an employee proceeding on adoption leave.

 

(b)       Before an employer engages a replacement employee the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

 

(c)        Before a Board engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising rights under this subclause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.

 

(d)       Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.

 

16.6      Part-time work:

 

16.6.1               Definitions - For the purposes of this subclause:

 

(a)        "Male employee" means an employed male who is caring for a child born of his spouse or a child placed with the employee for adoption purposes.

 

(b)       "Female employee" means an employed female who is pregnant or is caring for a child she has borne or a child who has been placed with her for adoption purposes.

 

(c)        "Former position" means the position held by a female or male employee immediately before proceeding on leave or part-time employment under this subclause, whichever first occurs or, if such position no longer exists but there are other positions available for which the employee is qualified and the duties of which he or she is capable of performing, a position as nearly comparable in status and pay to that of the position first mentioned in this definition.

 

16.6.2               Entitlement - With the agreement of the employer

 

(a)        A male employee may work part-time in one or more periods at any time from the date of birth of the child until its second birthday or, in relation to adoption, from the date of placement of the child until the second anniversary of the placement.

 

(b)       A female employee may work part-time in one or more periods while she is pregnant where part-time employment is, because of the pregnancy, necessary or desirable.

 

(c)        A female employee may work part-time in one or more periods at any time from the seventh week after the date of birth of the child until its second birthday.

 

(d)       A female employee may work part-time in one or more periods at any time from the date of the placement of the child until the second anniversary of that date.

 

16.6.3               Return to former position

 

(a)        An employee who has had at least 12 months' continuous service with an employer immediately before commencing part-time employment after the birth or placement of a child has, at the expiration of the period of such part-time employment or the first period, if there is more than one, the right to return to his or her former position.

 

(b)       Nothing in subparagraph (a) of this paragraph shall prevent the employer from permitting the employee to return to his or her former position after a second or subsequent period of part-time employment.

 

16.6.4               Subject to the provisions of this subclause and the matters agreed to in accordance with paragraph 16.6.5 of this subclause, part-time employment shall be in accordance with the provisions of this award which shall apply pro rata.

 

16.6.5               Part-time work agreement -

 

(a)        Before commencing a period of part-time employment under this subclause the employee and the employer shall agree:

 

(i)         that the employee may work part-time;

 

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

 

(iii)       upon the classification applying to the work to be performed; and

 

(iv)       upon the period of part-time employment.

 

(b)       The terms of this agreement may be varied by consent.

 

(c)        The terms of this agreement or any variation to it shall be produced in writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer.

 

(d)       The terms of this agreement shall apply to part-time employment.

 

16.6.6               Termination of employment - The employment of a part-time employee under this clause may be terminated in accordance with the provisions of this award but may not be terminated by the employer because the employee has exercised or proposed to exercise any rights arising under this clause or has enjoyed or proposes to enjoy any benefits arising under this clause.

 

16.6.7               Overtime - An employer may request, but not require, an employee working part-time under this clause to work overtime.

 

16.6.8               Nature of part-time work - The work to be performed part- time need not be the work performed by the employee in his or her former position but shall be work otherwise performed under this award.

 

16.6.9               Inconsistent award provisions - An employee may work part- time under this clause notwithstanding any other provision of this award which limits or restricts the circumstances in which part-time employment may be worked or the terms upon which it may be worked including provisions:

 

(a)        limiting the number of employees who may work part-time;

 

(b)       establishing quotas as to the ratio of part-time to full-time employees;

 

(c)        prescribing a minimum or maximum number of hours a part-time employee may work; or

 

(d)       requiring consultation with, consent of or monitoring by a union; and such provisions do not apply to part-time work under this clause.

 

16.6.10             Replacement employees -

 

(a)        A replacement employee is an employee specifically engaged as a result of an employee working part-time under this subclause.

 

(b)       A replacement employee may be employed part-time. Subject to this paragraph, paragraphs 16.6.4, 16.6.5, 16.6.6 and 16.6.9 of this subclause apply to the part-time employment of a replacement employee.

 

(c)        Before an employer engages a replacement employee under this paragraph, the employer shall inform the person of the temporary nature of the employment and of the rights of the employee who is being replaced.

 

(d)       Unbroken service as a replacement employee shall be treated as continuous service for the purposes of subparagraph (g) of subclause 16.2 of this clause.

 

17.  Dissolution of a Board

 

Where a Board is dissolved, by reason of its amalgamation with another Board, or otherwise, the following provisions shall apply with respect to the employees of the dissolved Board, provided that they have been employed by the dissolved Board for a continuous period of at least 12 months immediately prior to the dissolution of the dissolved Board:

 

(a)        If after the dissolution they are employed by the Board which assumes all or part of the functions of the dissolved Board (hereinafter called the new Board), the employee during the first two years of their employment by the new Board or until their employment is terminated, whichever is the shorter period, shall be paid a salary at a rate which, except for basic wage variations, will not be less than the rate which they were being paid immediately before the date of dissolution of the dissolved Board.

 

(b)        If after the dissolution the employee is not employed by the new Board or if their employment is terminated by the new Board, other than for misconduct, within two years of the date of dissolution of the dissolved Board the employee shall, on the termination of their employment, be paid by the dissolved Board, if not employed by the new Board or by the new Board if they are so employed, a sum equal to five weeks salary for each year of continuous service as an employee of Rural Lands Protection Boards, at a rate equal to the average weekly amount of their salary during the fifty-two weeks immediately preceding the date of dissolution of the dissolved Board; provided that in no circumstances shall the total amount payable under this clause exceed a sum equal to 104 weeks salary at such rate.

 

18.  Change, Redundancy and Termination,

 

18.1      Change - Board's Duty to Notify Change:

 

(a)        Where a Board has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the Board shall notify the employees who may be affected by the proposed changes; the Council; and the Association and/ or Union as appropriate.

 

(b)        "Significant Effects" include termination of employment, major changes in the composition, operation or size of the Board's workforce or in the skills required; the elimination of or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where the award makes provisions for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

18.2      Board's Duty to Discuss Change:

 

(a)        The Board shall discuss with the employees affected and the Association and/or Union, the introduction of the changes referred to in subclause 18.1 of this clause, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and/or the Association and/or Union in relation to the changes.

 

(b)        The discussion shall commence as early as practicable after a definite decision has been made by the Board to make the changes referred to in subclause 18.1 of this clause.

 

(c)        For the purposes of such discussion, the Board shall provide in writing to the employee concerned and the Association and/or Union, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any Board shall not be required to disclose confidential information, the disclosure of which would be inimical to the Board's interest.

 

18.3      Redundancy:

 

(a)        Discussions Before Terminations

 

(i)         If a Board has made a definite decision that it wishes to delete an occupied position and if such a decision may lead to termination of employment, the employer shall hold discussions with any affected employees and with the Association and/or Union and with the Council.

 

(ii)        The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of subparagraph (i) of this paragraph and shall cover any reasons for the proposed terminations, measures to avoid or minimise terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

 

(iii)       For the purposes of the discussions the employer shall, as soon as practicable, provide in writing to the employees concerned and to the Council and Association and/or Union, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out.

 

(b)        Transfer to Lower-paid Duties

 

Where an employee is transferred to lower-paid duties for reasons set out in subparagraph (i) of paragraph (a) of this subclause, the employee shall be entitled to the same period of notice of transfer to which they would have been entitled if their employment had been terminated and the Board may, at the Board's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new lower ordinary-time rate for the number of weeks of notice still owing.

 

(c)        Severance Pay - In addition to the period of notice prescribed for ordinary termination in this award and subject to further order of the Industrial Relations Commission of New South Wales, an employee whose employment is terminated for reasons set out in subparagraph (i) of paragraph (a) hereof shall be entitled to two weeks' pay for every year of service, to a maximum of 26 weeks pay.

 

"Weeks pay" means the ordinary-time rate of pay for the employee concerned.

 

(d)        Employee Leaving During Notice Period - An employee whose employment is terminated for reasons set out in subparagraph (i) of paragraph (a) hereof may terminate their employment during the period of notice and, if so, shall be entitled to the same benefits under this clause had they remained with the Board until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(e)        Alternative Employment - A Board in a particular redundancy case may make application to the Commission to have the general severance pay prescription varied if the Board obtains acceptable alternative employment for an employee.

 

(f)         Time Off During Notice Period

 

(i)         During the period of notice of termination given by the Board, an employee shall be allowed up to one working day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

 

(ii)        If the employee has been allowed paid leave for more than one working day during the notice period for the purpose of seeking other employment the employee shall, at the request of the Board, be required to produce proof of attendance at an interview or they shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

 

(g)        Employees With Less Than One Year's Service - This clause shall not apply to employees with less than one year's continuous service and the general obligation on Boards should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(h)        Employees Exempted - This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks.

 

18.4      Termination:

 

(a)        Nothing in this award shall affect the right of the Board to dismiss an employee without notice for neglect of duty or misconduct or inefficiency or incompetence, in which case wages shall be paid to the time of dismissal, provided that no employee shall be dismissed without notice for:

 

(i)         sickness, accident or injury if he or she informs the Board or the Board's representative within a reasonable time prior to or after the commencing time on any day of his or her inability to commence duty on that day;

 

(ii)        any other reasonable cause if he or she informs the Board or the Board's representative within a reasonable time prior to or after the commencing time on any day of his or her inability to commence duty on that day.

 

(b)        Notwithstanding anything hereinbefore contained, an employee shall not be given notice or dismissed, except for misconduct, while legitimately absent from duty on accrued sick leave or annual leave.

 

(c)        An employee not attending for duty shall lose pay for the time of non-attendance unless payment for such non-attendance is permitted under the provisions of this award and the non-attendance was accordingly authorised.

 

(d)

 

(i)         Notice of termination by a Board:

 

(1)        In order to terminate the employment of an employee the Board shall give to the employee the following written notice:

 

Period of Continuous Service

Period of Notice

Less than one year

1 week

1 year and up to the completion of 3 years

2 weeks

3 years and up to the completion of 5 years

3 weeks

5 years and over

4 weeks

 

(2)        In addition to the notice in section (1) hereof, employees over 45 years of age at the time of the giving of the notice, with not less than 2 years' continuous service, shall be entitled to an additional week's notice.

 

(3)        Payment in lieu of the prescribed notice in section (1) hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(4)        In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time he or she would have worked during the period of notice had his or her employment not been terminated shall be used.

 

(5)        The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal such as malingering, misconduct, incompetence, inefficiency or neglect of duty or in the case of casual employees or employees engaged for a specific period of time or for a specific task or tasks.

 

(ii)        Where a Board has given notice of termination to an employee, an employee shall be allowed up to one working day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the Board or the Board's representative.

 

(iii)       The Board shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of his or her employment and the classification of or type of work performed by the employee.

 

(iv)      Termination of employment by a Board shall not be harsh, unjust or unreasonable. For the purposes of this clause, termination of employment shall include terminations with or without notice. Without limiting the above, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, termination on the grounds of race, colour, sex, sexual preference, marital status, family responsibilities, pregnancy, religion, political opinion, union membership or activity, non-union membership or activity, national extraction and social origin shall constitute a harsh, unjust or unreasonable termination of employment.

 

(e)        Notice of Termination by Employee

 

The notice of termination required to be given by an employee shall be the same as that required of a Board save and except that there shall be no additional notice based on the age of the employee concerned. If an employee fails to give the required notice, the Board shall have the right to withhold moneys due to the employee of an amount equal to the period of notice not given.

 

19.  Removal Expenses

 

19.1      With the prior approval of the employing Board, where a current employee of a Board is required to change domicile in order to take up a position of Manager, Executive Officer, Customer Service Officer, Office Coordinator or Ranger, such an employee is entitled to reimbursement of up to $1,500 for actual reasonable removal expenses on the production of receipts.

 

19.2      Where a District Veterinarian applies for a position in another district in answer to an advertisement and is appointed, the District Veterinarian shall be eligible for the removal expenses as detailed in subclause 19.3

 

19.3

 

(a)        The actual cost of conveyance of the District Veterinarian and their family transferring from one district to another, together with reasonable expenses of removal of furniture and effects, shall be allowed.

 

(b)        Application for expenses in respect of removal of furniture and effects shall be presented to the Board and shall be accompanied by:

 

(i)         an inventory of the furniture and effects including the appropriate gross weight; and

 

(ii)        quotations from carriers for the cost of removal. The quotations shall be obtained, where practicable, from at least two carriers and should show the cost of removal from house to house.

 

(c)        The liability of the Board for removal expenses shall be limited to the amount specified in the approved quote, but the furniture and effects may be removed in any way the District Veterinarian chooses. The Board shall in no case be responsible for any damage done to furniture and effects in the course of removal, but shall reimburse the amount of the premium in respect of an insurance policy effected by the District Veterinarian up to the maximum rate currently charged by the tariff insurance companies to cover such risks as collision, fire, overturning of vehicles and other risks for which a common carrier is not normally liable, subject to the maximum insurable value of the furniture and effects not exceeding $40,000.

 

19.4      Where a District Veterinarian whose removal expenses are being paid by the Board finds it necessary to secure board and lodging for self and dependant relatives while waiting:

 

(a)        to commence or continue the journey to the new location; or

 

(b)        to secure a residence or accommodation at the new location,

 

the District Veterinarian shall be allowed one half of the actual cost so incurred for a period not exceeding one week in the first case and four weeks in the second. If the Board is satisfied that the District Veterinarian has made every reasonable but unsuccessful endeavour to secure a home or accommodation at the destination, the allowance may be continued for an additional period not exceeding four weeks. In special cases where the Board is satisfied that a further continuation of the allowance is warranted, an allowance not exceeding $25 per week may be granted for an additional period not exceeding five weeks.

 

20.  Conference Attendance and Industrial Leave

 

20.1      Attendance at conferences of the District Veterinarians, Rangers, Managers, and Customer Service Officers or any other conference or meeting where attendance is required by the Board or State Council, the employee shall be deemed to be on their normal duties.

 

20.2      Any member of the PSA Departmental Committee or an AWU Branch Executive when attending a meeting of the committee approved by the PSA or AWU respectively shall be granted leave on full pay while so attending but expenses will not be paid by the Board or the State Council but the employee shall be covered by workers compensation insurance while on such leave in accordance with the Workers Compensation Act.

 

20.3      The PSA and AWU or its delegates shall notify the State Council of the members of the PSA Departmental Committee or AWU Branch Executive respectively required to attend such meeting and the date of such meeting.

 

20.4      Any member of the Joint Consultative Committee attending a meeting with the State Council shall be granted leave on full pay while so attending but expenses will not be paid by the Board or the State Council but the employee shall be covered by workers compensation insurance while on such leave in accordance with the Workers Compensation Act.

 

21.  Living Allowance

 

21.1      An employee who as at 1 January 1995 was receiving a living allowance shall continue to do so. Such allowances are set out in Items 2, 3 and 4 of Table 2 - Allowances, of Part B, Monetary Rates.

 

21.2      No further increases will apply to these allowances.

 

22.  Travelling Allowance

 

Where an Employee Travels on Official Duty with the Approval of the Board the employee shall be allowed:

 

(a)        The use of a Board vehicle or the cost of conveyance by rail, bus or aircraft and, in the case of emergency, cost of hiring a car or other vehicle.

 

(b)        If the employee's private car is used, an amount as set out in Item 5 of Table 2 - Allowances, of Part B, Monetary Rates, shall be paid or such higher rates as apply to NSW Public Servants as published in the Public Service Notices.

 

(c)        These provisions shall also be applicable to employees when attending conferences.

 

23.  Accommodation Allowance

 

23.1      Where overnight accommodation is required -

 

(a)        Where in the course of duties, an employee is required to spend one or more nights away from home with the prior approval of the Board, the employee shall be entitled to all reasonable actual expenses, providing receipts are produced to the Board together with an incidental expenses allowance set out in Item 6 of Table 2.  Expenses include accommodation, breakfast, lunch, dinner and transport costs. Transport costs are specified in clause 22, Travelling Allowance.

 

(b)        As an alternative to actual expenses, the employee may elect to receive the accommodation allowance as set out in Item 7 of Table 2 - Allowances, of Part B, Monetary Rates, (or such higher rates as apply to NSW Public Servants as published in the Public Service Notices) without providing receipts to the Board. The accommodation allowance for the Capital City of Sydney applies to accommodation where the telephone number commences with the numbers 028 or 029 in accordance with the Premiers Directions.

 

(c)        The accommodation allowance is calculated on the hourly basis from the time that the employee leaves home or place of employment until the time that the employee returns home or to the place of employment. The accommodation allowance covers accommodation, breakfast, lunch, dinner and incidentals but does not cover transport costs. Transport costs can be claimed in addition to the allowance.

 

23.2      Cost of Meals - One day Journeys

 

Where overnight accommodation is not required -

 

Where the Board is satisfied that an employee reasonably incurs additional expenses for breakfast, lunch or dinner, the employee may be reimbursed the actual cost of breakfast, lunch or dinner up to the amounts set out in Items 8, 9 and 10 of the said Table 2, or such higher amounts as apply to NSW Public Servants as published in the Public Service Notices, providing receipts are produced to the Board.

 

23.3      Production of Receipts

 

Payment of any actual expenses shall be subject to the production of receipts, or as provided by State Council Guidelines.

 

24.  Camping Allowance

 

Where the employee is directed to camp, conditions and allowances shall be as follows:

 

(i)

 

(a)        A permanent solid floor structure, externally cladded and internally lined.

 

(b)        A bed and mattress and pillow.

 

(c)        A lockable door and windows that are fly screened.

 

(d)        Table and chairs.

 

(e)        Artificial lighting.

 

(f)         Heating if required.

 

(g)        Shower facilities with hot and cold water.

 

(h)        Toilet facilities that are fly proof.

 

(i)         Kitchen equipped with stove, cooking equipment as required, utensils, storage, sink with water, refrigerator, cleaning equipment and materials for cleaning.

 

(j)         Adequate supplies of fresh drinking water.

 

(ii)        In the event of there being no permanent structure, the Board shall provide a caravan with amenities equivalent to those required above.

 

(iii)       Where the Board is unable to provide such equipment specified above, with Board approval the employee shall be:

 

(a)        reimbursed for the cost of hiring such equipment upon production of receipts; or

 

(b)        be paid the daily allowance for providing their own equipment.

 

(iv)       An employee may provide their own bedding or sleeping bag and be paid the bedding allowance.  Otherwise the employer shall provide necessary sheets, blankets or sleeping bag.

 

(v)        Camping allowance and amounts per day as set out in Items 11-14 of Table 2 - Allowances, of Part B, Monetary Rates or such higher amounts as apply to NSW Public Servants as published in the Public Service Notices.

 

25.  Protective Clothing and Equipment

 

Special protective clothing shall be provided in accordance with the Occupational Health and Safety Act 1983 and its associated regulations.  The list (Circular 92/4) shall be reviewed in consultation with the Association and the Union.

 

26.  Horse Allowance

 

If the Board requests an employee to use his or her own horse for their official duties and the employee agrees, the employee is entitled to be paid an amount as set out in Item 15 of Table 2 - Allowances, of Part B, Monetary Rates, for each week or part thereof that the horse is used.

 

27.  Dog Allowance

 

If the Board requests an employee to use his or her own dog or dogs for their official duties, and the employee agrees, the employee is entitled to be paid an amount as set out in Item 16 of Table 2 - Allowances, of Part B, Monetary Rates, for each week or part thereof that the dog is used.

 

28.  Flying Allowance

 

Where an employee is required by the Board to work from an in-flight situation they shall be paid an allowance as set out in Item 17 of Table 2 - Allowances (or such higher amount as apply to NSW Public Servants as published in the Public Service Notices). The flying allowance payable under this Clause shall be in addition to any other entitlement for the time actually spent working in the aircraft.

 

29.  Motor Vehicle Usage and Allowance

 

29.1      All District Veterinarians, Rangers and when required by the Board, Field Assistants shall be provided with appropriate motor vehicles by the Board for official use. All hard top and enclosed motor vehicles shall be provided with air conditioning units. All upkeep, running expenses, registration, insurance, maintenance, etc., associated with the motor vehicle shall be paid by the Board.  Where an employee is required to use their private vehicle in the normal course of duties, an amount as set in Item 5 of Table 2 - Allowances, of Part B, Monetary Rates, or such higher rates as apply to NSW Public Servants as published in the Public Service Notices.

 

29.2      Staff of a Board required to use a motor vehicle provided by the Board in the course of their duties may, at the discretion of the Board, be granted private use of the motor vehicle on such conditions as the Board determines.

 

30.  Telephone Expenses

 

30.1      If an employee is required by the Board to make and/or receive telephone communications in the employee's private residence for the convenience of ratepayers or others in connection with the execution of their duties outside normal hours, the Board shall pay the cost of any necessary telephone connection(s) or reconnection(s) and the payment of full rental and all outgoing calls made in connection with the employee's duties which have been recorded.

 

30.2      A Board may, by agreement with the employee, pay a telephone allowance in lieu of payment specified in clause 30.1.

 

30.3      Where the connection is outside the urban boundaries of a town, village, city, etc. and the Board may require connection and the connection fee exceeds the average connection fee for that urban area, the payment of additional connection costs may be negotiated.

 

30.4      A Board may at its discretion, pay such proportion of private calls from such telephone mentioned in the Award as the Board determines and under such conditions as the Board determines.

 

31.  Home Office Allowance

 

Where the Board, by a formal written request, requires an employee to use a space at their home as an office, and requires the employee to spend the majority of their office time in that office, the following conditions will apply:

 

(a)        A formal Agreement shall be signed by the Board and the Employee before such official use of the space.

 

(b)        The Board will be responsible for providing a desk, chair, cabinet, telephone, computer and other necessary equipment as determined by the Board.

 

(c)        The furniture and equipment provided by the Board shall remain the property of the Board.

 

(d)        An Allowance per year of an amount set out in T able 2 - Allowances, payable to the Employee on a fortnightly basis in arrears, shall be paid by the Board on commencement of the use of the room after the Agreement has been signed.

 

(e)        The amount of the Allowance will increase in accordance with the amount specified in the Crown Employees (Public Service Conditions of Employment) Award for using a room at home as an office.

 

(f)         If the Agreement is cancelled in writing by either party, no further payments shall be paid by the Board and no amounts shall be refunded by the Employee.

 

32.  Deduction of Association and Union Membership Fees

 

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

 

(ii)        The Association and 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 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 fortnightly membership fees from the pay of any employee who is a member of the Association or Union provided that the employee has authorised the employer to make such deductions.

 

(iv)       Monies so deducted from the employee's pay shall be forwarded at least monthly to the Association or Union together with all necessary information to enable the Association or Union to reconcile and credit subscriptions to employees’ membership accounts.

 

(v)        Unless other arrangements are agreed to by the employer and the Association or Union, all membership fees shall be deducted on a fortnightly basis.

 

(vi)       An employee may revoke, with two (2) weeks notice in writing, any authorisation to the employer to make payroll deductions of membership fees.

 

(vii)      There shall be no requirements to make deductions for casual employees with less than two   (2) months service (continuous or otherwise).

 

(viii)     Where an employee has already authorised the deduction of the Association or 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.

 

33.  Indexation of Allowances

 

With the exception of clauses 21 Living Allowance; 22 Travelling Allowance; 23 Accommodation Allowance; 28 Flying Allowance; 29 Motor Vehicle Usage and Allowance; and 32 Home Office Allowance, all allowances shall be moved automatically in accordance with movements in the State Wage Case decisions.

 

34.  Dispute Settling Procedures

 

34.1      The intention of the following procedures is to establish an equitable and orderly procedure for discussing and settling complaints and grievances. It is not intended to prescribe or offset the right of any party to instigate proceedings under the provisions of the Industrial Relations Act 1996.

 

(i)         Where a dispute arises at a particular location which cannot be resolved between the employee and/or their representative and the relevant supervisor it shall be referred to the Chairperson in an attempt to resolve the matter.

 

(ii)        Failing settlement of the issue at this level, the matter shall be referred to the Board for their advice and assistance.

 

(iii)       Failing settlement of the issue at this level, the matter shall be referred to the Council for their advice and assistance.

 

(iv)       If the matter remains unresolved, the parties shall agree that the matter can be referred to the appropriate tribunal under the Industrial Relations Act 1996.

 

(v)        Whilst these procedures are continuing, no stoppage of work or any other form of limitation of work shall be applied.

 

(vi)       The right is reserved to the parties to vary this procedure where a bona fide safety factor is involved.

 

34.2      Notwithstanding Clause 34.1, the Board shall not make a monetary offer in settlement of a dispute without the prior written approval of the Council.

 

35.  No Extra Claims

 

35.1      The Association and the Union undertake not to pursue any new salaries or conditions claims arising from negotiation of productivity and efficiency improvements resulting in this Award.

 

35.2      The pay increases provided by this Award are premised on the basis that there shall be no new salaries or conditions claims to take effect during the term of this Award except for any areas so agreed between the parties.

 

36.  Anti-Discrimination

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

NOTES

 

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

 

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

 

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

 

37.  Area, Incidence and Duration

 

37.1      This award rescinds and replaces the Rural Lands Protection Boards Salaries and Conditions Award 2004 published 20 May 2005 (351 I.G. 168) and all variations thereof.

 

37.2      It shall apply to District Veterinarians, Rangers, Field Assistants, Administrative Assistants, Customer Service Officers, Office Coordinators, Administrative Officers, Executive Officers, and Managers employed under the Rural Lands Protection Act 1998 under the jurisdiction of the Rural Lands Protection Boards (State) Industrial Committee.

 

Commencement and finishing dates.

 

37.3      It shall take effect from the beginning of the first pay period to commence on or after 1 July 2007 and shall remain in force thereafter until 30 June 2008.

 

Part B

 

MONETARY RATES

 

Table 1 - Salaries

 

(1)        District Veterinarians

 

Award classification

Salary as at 1 July 2006

Salary as at 1 July 2007

 

(inclusive of 4% increase)

(inclusive of 4% increase)

Grade 1

 

 

1st Year

$54,293

$56,465

2nd Year

$54,686

$56,873

Barrier

 

 

Grade 2

 

 

1st Year

$57,428

$59,725

2nd Year

$59,650

$62,036

3rd Year

$63,222

$65,751

Barrier

 

 

Grade 3

 

 

1st Year

$67,097

$69,781

 

 

 

2nd Year

$70,617

$73,442

3rd Year

$76,290

$79,342

Barrier

 

 

Grade 4

 

 

1st Year

$80,679

$83,906

2nd Year

$83,095

$86,419

3rd Year

$85,540

$88,962

 

1.1        An additional per annum allowance of $1,592 shall be paid to those District Veterinarians serving the Albury, Armidale, Bathurst, Casino, Deniliquin, Gloucester, Maitland, Moss Vale, Tamworth, Wagga and Young Districts as at 1 January 1995 until such time as those employees leave those districts.

 

1.2        No further increases to apply to this allowance.

 

(2)        Managers & Executive Officers 

 

Managers

Grade

 

 

CENTRAL TABLELANDS

M3

TAMWORTH

M3

YOUNG

M3

NORTHERN NEW ENGLAND

M3

ARMIDALE

M3

YASS

M3

MOSS VALE

M3

HUME

M3

NORTHERN SLOPES

M3

MUDGEE/MERRIWA

M3

FORBES

M3

WAGGA WAGGA

M3

MOREE

M3

SOUTH COAST

M2

GUNDAGAI

M2

DUBBO

M2

RIVERINA

M2

HUNTER

M2

NARRABRI

M2

COONAMBLE

M2

COOMA

M2

MURRAY

M2

KEMPSEY

M2

GOULBURN

M2

GRAFTON

M2

MOLONG

M2

HAY

M1

NARRANDERA

M1

CONDOBOLIN

M1

COONABARABRAN

M1

NYNGAN

M1

WALGETT

M1

TWEED-LISMORE

M1

GLOUCESTER

M1

CASINO

M1

MAITLAND

M1

BRAIDWOOD

M1

BOMBALA

M

Executive Officers

 

BOURKE

EO

BALRANALD

EO

COBAR

EO

BREWARRINA

EO

HILLSTON

EO

BROKEN HILL

EO

WILCANNIA

EO

WENTWORTH

EO

MILPARINKA

EO

WANAARING

EO

 

Award classification

Salary

 

 

Salary as at 1 July 2006

Salary as at 1 July 2007

Grade

(inclusive of 4% increase)

(inclusive of 4% increase)

M3

 

 

 

1st Year

$67,492

$70,192

 

2nd Year

$69,741

$72,531

 

3rd Year

$71,991

$74,871

M2

 

 

 

1st Year

$62,993

$65,513

 

2nd Year

$65,242

$67,852

 

3rd Year

$67,492

$70,192

M1

 

 

 

1st Year

$58,493

$60,833

 

2nd Year

$60,742

$63,172

 

3rd Year

$62,993

$65,513

M

 

 

 

1st Year

$50,619

$52,644

 

2nd Year

$52,868

$54,983

 

3rd Year

$55,118

$57,323

EO

 

 

 

1st Year

$42,745

$44,455

 

2nd Year

$43,869

$45,624

 

3rd Year

$44,995

$46,795

 

4th Year

$46,120

$47,965

 

(3)        Customer Service Officers

 

Award classification

Salary as at 1 July 2006

Salary as at 1 July 2007

 

(inclusive of 4% increase)

(inclusive of 4% increase)

Grade 1

1st year

$33,183

$34,510

Grade 2

1st year

$33,756

$35,106

 

2nd year

$34,309

$35,681

Grade 3

1st year

$34,871

$36,266

 

2nd year

$35,995

$37,435

Grade 4

1st year

$37,121

$38,606

 

2nd year

$38,245

$39,775

Senior Customer

 

 

Service Officer

 

 

Level 1

$39,370

$40,945

Level 2

$41,057

$42,699

 

(4)        Office Coordinators

 

Award classification

Salary as at 1 July 2006

Salary as at 1 July 2007

 

(inclusive of 4% increase)

(inclusive of 4% increase)

1st year

$42,745

$44,455

2nd year

$43,308

$45,040

3rd year

$43,869

$45,624

 

(5)        Rangers

 

Award classification

Salary as at 1 July 2006

Salary as at 1 July 2007

 

(inclusive of 4% increase)

(inclusive of 4% increase)

Grade 1

 

 

1st year

$39,252

$40,822

Grade 2

 

 

1st year

$40,604

$42,228

Level 2

$41,165

$42,812

 

 

 

2nd year

$42,121

$43,806

Level 2

$42,684

$44,391

 

 

 

3rd year

$43,738

$45,488

Level 2

$44,300

$46,072

Barrier

 

 

Grade 3

 

 

Level 1

$45,220

$47,029

Level 2

$46,908

$48,784

Grade 4

 

 

Level 1

$47,322

$49,215

Level 2

$50,134

$52,139

Grade 5 Managing Ranger

 

 

Level 1

$52,005 (inclusive of

$54,085 (inclusive of

 

supervision allowance)

supervision allowance)

 

 

 

Level 2

$54,817 (inclusive of

$57,010 (inclusive of

 

supervision allowance)

supervision allowance)

 

5.1        An amount of $1000 shall be added to the salary of Rangers Grades 1, 2 and 3 and $1500 added to the salary of Rangers Grades 4 and 5, on attaining a Diploma that, in the opinion of State Council, is relevant, OR

 

5.2        An amount of $2000 shall be added to the salary of Rangers Grades 1, 2, and 3, and $2500 added to the salary of Rangers Grades 4 and 5, on attaining a Degree that, in the opinion of State Council, is relevant.

 

5.3        The amounts set out in 5.1 and 5.2 shall not be cumulative.

 

(6)        Field Assistants

 

Award classification

Salary as at 1 July 2006

Salary as at 1 July 2007

 

(includes 4% increase)

(includes 4% increase)

Level 1

$33,878

$35,233

Level 2

$36,280

$37,731

Senior

$39,252

$40,822

 

Table 2 - Allowances (as at 1 July 2007)

 

Item

Clause

Brief Description

Amount

No.

No.

 

$

 

 

 

 

1

5.5.2

Supervising Field

 

 

 

 

Assistants, Rangers,

 

 

 

 

Labourers or

$42.30 per

 

 

 

Contractors

week

 

 

21

Living Allowance -

With

Without Dependants

 

 

(Grades as defined

Dependants

 

 

 

in Public Service

 

 

 

 

Handbook) for

 

 

 

 

Employees employed

 

 

 

 

before 1.1.1995 only

 

 

 

 

 

Per annum

Per annum

 

 

Grade

$

$

2

21

A

1,083.00

758.00

3

21

B

1,444.00

1,012.00

4

21

C

1,926.00

1,348.00

5

22

Travelling Allowance

55.3

(eng cap. Under 1600cc)

 

 

 

cents/km

 

 

29

If the Employees

77.3

(eng cap. 1600cc - 2600cc)

 

 

private car is used

Cents/km

 

 

 

 

83.0

(eng cap. Over 2601cc)

 

 

 

cents/km

 

6

23

Accommodation Allowances -

 

 

 

Incidental Expenses

$15.45

 

 

 

Allowance when

per day

 

 

 

claiming Actual

 

 

 

 

Expenses

 

 

7

23

Accommodation Allowances

 

 

 

Capital Cities

Per Day

High Cost

Per

Tier 2

Per

 

 

 

 

Country

Day

Country

Day

 

 

 

$

 

$

 

$

 

 

Adelaide

242.25

Maitland

195.75

Bathurst

180.75

 

 

Brisbane

253.25

Newcastle

202.25

Broken Hill

180.75

 

 

Canberra

211.25

Port Macquarie

200.25

Dubbo

180.75

 

 

Darwin

238.25

Wagga Wagga

197.75

Orange

180.75

 

 

Hobart

201.25

Wollongong

195.75

 

 

 

 

Melbourne

247.25

 

 

 

 

 

 

Perth

233.25

 

 

All Other Country

 

 

Sydney

280.25

 

 

Locations

 

 

 

 

 

 

$170.75

 

 

Meal Expenses

Capital Cities & High Costs

Tier 2 & Other Country

 

 

 

Country

Centres

8

23

Breakfast

Max $20.20

Max $18.05

9

23

Lunch

Max $22.65

Max $20.65

10

23

Dinner

Max $38.95

Max $35.60

11

24

Camping allowance

$33.35 Per

takes into account supplying own food,

 

 

 

Day

incidentals and general disability.

12

24

Equipment Allowance

 

 

 

If camping equipment

$24.90 per day for supplying own camping equipment

 

 

not provided by Board

 

13

24

Bedding Allowance

 

 

 

If bedding or sleeping

$4.15 per day for supplying own sleeping bag

 

 

bag not provided by

 

 

 

Board

 

14

24

Excess Allowance

 

 

 

If required to camp

$7.95 per day in addition to any other

 

 

in excess of 40

Allowance

 

 

consecutive days

 

 

15

26

Employee requested

 

 

 

by the Board to supply

 

 

 

own horse and saddle,

$8.57 per week

 

 

including responsibility

 

 

 

for feeding, grooming

 

 

 

and caring in own time

 

16

27

Employee requested

 

 

 

by the Board to supply

 

 

 

own dog, including

$4.45 per week per dog

 

 

responsibility for

 

 

 

housing, caring and

 

 

 

feeding in own time

 

17

28

Flying Allowance

$15.60 per hour

18

31

Home Office allowance

$728 per year (or such other amount as specified in the Crown

 

 

 

Employees Public Service Conditions Award).

 

NOTE: For reimbursements regarding removal expenses see clause 19, Removal Expenses of Part A.

 

Table 3 - Long Service Leave Accrual

 

LONG SERVICE LEAVE ACCRUAL TABLE

BASED ON A FIVE (5) DAY WEEK

All figures in this table refer to working days

 

Years 1 to 5 are shown for accrual purposes ONLY.

 

Years

0-10 Years

 

Years

10+ Years

Years

10+ Years

 

1

4.4

days

11

55 days

21

165

days

2

8.8

 

12

66

22

176

 

3

13.2

 

13

77

23

187

 

4

17.6

 

14

88

24

198

 

5

22.0

 

15

99

25

209

 

6

26.4

 

16

110

26

220

 

7

30.8

 

17

121

27

231

 

8

35.2

 

18

132

28

242

 

9

39.6

 

19

143

29

253

 

10

44.0

 

20

154

30

264

 

 

 

 

 

 

31

275

 

Months

0-10 Years

 

Months

10+ Years

32

286

 

1

0.4

days

1

0.9 days

33

297

 

2

0.7

 

2

1.8

34

308

 

3

1.1

 

3

2.7

35

319

 

4

1.4

 

4

3.6

36

330

 

5

1.8

 

5

4.5

37

341

 

6

2.2

 

6

5.4

38

352

 

7

2.5

 

7

6.3

39

363

 

8

2.9

 

8

7.2

40

374

 

9

3.3

 

9

8.1

41

385

 

10

3.6

 

10

9.1

42

396

 

11

4.0

 

11

10.0

43

407

 

 

 

 

 

 

44

418

 

Weeks

0-10 Years

 

Weeks

10+ Years

45

429

 

 

 

 

 

 

 

 

 

1

0.09

days

1

0.23 days

46

440

 

2

0.18

 

2

0.45

47

451

 

3

0.27

 

3

0.68

48

462

 

4

0.36

 

4

0.91

49

473

 

 

 

 

 

 

50

484

 

Days

0-10 Years

 

Days

10+ Years

51

495

 

 

 

 

 

 

 

 

 

1

0.02

days

1

0.05 days

52

506

 

2

0.04

 

2

0.09

53

517

 

3

0.05

 

3

0.14

54

528

 

4

0.07

 

4

0.18

55

539

 

5

0.09

 

5

0.23

56

550

 

 

NOTE:  To convert leave taken on a seven (7) day week basis up to 1 July 2004, to a five (5) day week basis in accordance with this Table, multiply the total days taken , (including Saturdays and Sundays), by 5/7.

 

Example:

 

Assume 3 weeks (21 days) Long Service Leave taken before 1July 2004.

 

Multiply 21 x 5/7 = 15 working days.

 

15 days to be deducted from accrued entitlements in the above table as at 1 July 2004.

 

SCHEDULE A

 

Rural Lands Protection Boards

 

Armidale

Kempsey

Balranald Wentworth

Maitland

Bombala

Milparinka

Bourke

Molong

Braidwood

Moree

Brewarrina

Moss Vale

Broken Hill

Mudgee-Merriwa

Casino

Murray

Central Tablelands

Narrabri

Cobar

Narrandera

Condobolin

Northern Slopes

Cooma

Northern New England

Coonabarabran

Nyngan

Coonamble

Riverina

Dubbo

South Coast

Forbes

Tamworth

Gloucester

Tweed-Lismore

Goulburn

Wagga Wagga

Grafton

Walgett

Gundagai

Wanaaring

Hay

 

Hillston

Wilcannia

Hume

Yass

Hunter

Young

 

 

 

I. W. CAMBRIDGE, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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