BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(451)

SERIAL C0376

SYDNEY WATER AWARD 1994

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

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

(No. IRC 279 of 1999 and 855 and 1299 of 2001)

Before Mr Deputy President Sams

27 April 2001

REVIEWED AWARD

Arrangement

Clause No. Subject Matter

1. STATEMENT OF INTENT

2. AREA, INCIDENCE AND DURATION

3. DEFINITIONS

4. CONTRACT OF EMPLOYMENT

5. JOB EVALUATION

6. PAY

7. CHILD CARE BENEFITS AND PAY

8. SALARY SACRIFICE TO SUPERANNUATION

9. NO ASSIGNMENT OF PAY

10. PERFORMANCE MANAGEMENT SYSTEM AND PERFORMANCE REVIEWS

11. TEMPORARY ARRANGEMENTS

12. HOURS OF WORK

13. MEAL BREAKS

14. REGULAR SHIFTWORK

15. OTHER SHIFTWORK

16. REST BREAKS

17. OVERTIME

18. CALL OUT

19. STAND-BY

20. PUBLIC HOLIDAYS

21. RECREATION LEAVE

22. RECREATION LEAVE LOADING

23. LONG SERVICE LEAVE

24. SICK LEAVE

25. PERSONAL/CARER'S LEAVE

26. BEREAVEMENT LEAVE

27. MATERNITY LEAVE

28. ADOPTION LEAVE

29. PATERNITY LEAVE

30. TRADE UNION TRAINING LEAVE

31. SPECIAL LEAVES

32. MILITARY LEAVE

33. JURY SERVICE LEAVE

34. FARES

35. FARES & TRAVELLING TIME ELECTRICAL TRADESPEOPLE

36. FARES & TRAVELLING TIME MECHANICAL TRADESPEOPLE

37. TRAVELLING TIME

38. MEAL ALLOWANCES

39. FIRE FIGHTING ALLOWANCE

40. FIRST AID ALLOWANCE

41. REMOVAL EXPENSES

42. SAUNA BATHING ALLOWANCE

43. VEHICLE EQUIPMENT ALLOWANCES

44. GARAGE ALLOWANCE

45. TECHNICAL DIRECTION PAYMENT

46. TELEPHONE EXPENSES

47. TRAVELLING EXPENSES ON JOURNEYS EXTENDING OVER ONE DAY

48. CAMPING

49. OUT OF POCKET EXPENSES

50. TOOLS AND EQUIPMENT TO BE SUPPLIES BY THE EMPLOYER

51. PROTECTIVE CLOTHING AND UNIFORMS

52. MEAL AND CHANGE SHED

53. PIECE WORK

54. RENEWAL OF DRIVERS' LICENCES

55. HEALTH AND SAFETY OF EMPLOYEES

56. DELEGATES RIGHTS

57. EMPLOYEES ON UNION AND/OR CONSULTATIVE COMMITTEE BUSINESS

58. SENIOR MANAGERS

59. APPRENTICES

60. NETWORK SERVICES (CIVIL MAINTENANCE) PRODUCTION EMPLOYEES SKILLS DEVELOPMENT PROGRAMME

61. CONSULTATIVE PROCEDURES

62. DISPUTE RESOLUTION AND GRIEVANCE PROCEDURES

63. ANTI DISCRIMINATION

1. STATEMENT OF INTENT

Parties to this Award have the mutual intent to create work place and employment conditions that are consistent with the objectives of the Employer, unions representing employees, the Employer's customers and other stakeholders.

It is recognised by the parties that the Award sets a climate for continuing change and optimum utilisation of all the Employer’s resources. In achieving these goals the Employer acknowledges the role of unions to represent their members and their industrial interests in conferring on the change process, together with the valuable contributions the unions and employees make to improve efficiency and business performance.

The Award will recognise declared principles contained in legislation including:

- Workers Compensation Act 1987

- Occupational Health and Safety Act 1983

- Anti-Discrimination Act 1977

- New South Wales Industrial Relations Act 1996

- All appropriate employment legislation

It recognises that the size, skills and scope of the workforce, including management, will be determined by the organisation's needs in consultation with the unions party to the Award.

2. AREA, INCIDENCE AND DURATION

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Australian Water Technologies Pty Ltd (AWT) Award, 1995 published 17 May 1996 (292 IG 799), as varied, and the Sydney Water Corporation Limited - Australian Water Technologies Division Award, 1995 published 17 May 1996 (292 IG 821), as varied, and replaces the Sydney Water Award 1994 published 2 December 1994 (282 I.G. 793), as varied.

The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the NSW Industrial Relations Act 1996, and principle 26 made by the Industrial Relations Commission of NSW on 18 December 1998(308 IG 307) take effect from 27 April 2001.

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

3. DEFINITIONS

"Employer" means Sydney Water Corporation or Australian Water Technologies Pty Ltd

"Unions" means: the Australian Services Union of New South Wales

the Electrical Trades’ Union of Australia New South Wales Branch;

the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union;

"Pay Point" means a rate of pay on the appropriate Pay Scale contained in Schedule A.

"Managing Director" means the Managing Director of Sydney Water Corporation.

"Equivalent" when referring to either qualifications and/or work experience are those qualifications and work experience deemed by the Employer to be equivalent.

"Previous Wages Employees" shall mean those employees whose conditions of employment were governed by the Water and Sewerage Employees Wages Division (Metropolitan) Award or the Water and Sewerage (casual Wages Staff) Award prior to 26 June 1994.

4. CONTRACT OF EMPLOYMENT

4.1 GENERAL

(a) Employment (other than casual) will be on a fortnightly basis.

(b) Employment will be on a full-time, term (temporary), part-time or casual basis.

(c) All employees covered by this Award will be appointed to the Employer and work where nominated from time to time by the Employer subject to the principles contained in the STATEMENT OF INTENT Clause of this Award.

(d) All employees will be required to perform the full range of related work activities equivalent to their appointed position and field of employment. Employees may also be required to perform the duties of a lesser nature. While employees may be required to perform 'lower duties' this principle is not to be used as a means of deskilling any individual or group.

4.2 CASUAL EMPLOYMENT

(a) Casual employees are employed to perform irregular, seasonal and on-call work. They have no entitlement to Award provision other than those contained in this clause.

(b) Casual employees are engaged on an hourly basis and paid as such.

(d) Casual employees will be paid a loading of 20% of their hourly rate. Payment of this loading will be in lieu of all other entitlements specified in this Award.

(e) Payment will be made for hours worked.

(f) Casual employees will be paid fortnightly for hours worked.

(g) Where the period of engagement on any one day exceeds five (5) hours an unpaid meal break of at least half an hour must be taken.

(h) Casual employees will be entitled to payment for overtime in accordance with the provisions of this Award only when the contracted hours per day are exceeded.

(i) Casual employees are entitled to the long service leave as provided for in the New South Wales Long Service Leave Act 1955.

4.3 TERM (OR TEMPORARY) EMPLOYEES

Term Employees are employed for a limited and specified amount of time. Term employees are engaged to work for a defined period where there will be no on-going need for either the person or the position. Term employees may be either full-time or part-time and their conditions of employment are governed by this Award.

4.4 PART-TIME EMPLOYEES

(a) A part-time employee will mean an employee who is employed to work hours which are less than the average weekly hours worked by full-time employees.

(b) The daily hours to be worked and the days of the week to be worked by part-time employees must be agreed in writing between the employee and their manager. The ordinary daily hours will be worked Monday to Friday but are not restricted by the ordinary working hours Clause 12.2(a)(i) or (ii).

Except that no agreement shall permit a minimum start of less than three (3) continuous hours except in cases where it is agreed that there be a start of two (2) continuous hours on 2 or more days per week provided that:

(i) the part time work agreement was made before 26 March 1998 or

(ii) a two (2) hour start is sought by the employee to accommodate the employees personal circumstances which must be specified in the agreement or

(iii) the place of work is within a distance of 5km from the employees place of residence.

(c) Part-time employees will only be entitled to overtime if the hours worked exceed the ordinary weekly full-time hours for the position or where work is performed on a Saturday/Sunday or Public Holiday irrespective of the weekly hours worked. Payment will be at the rate prescribed in the overtime clause.

(d) Part-time employees whose scheduled hours are five (5) or less per day, are not entitled to meal breaks.

(e) Part-time employees will be paid fortnightly for hours worked.

(f) The hourly rate paid to a part-time employee will be the hourly rate for a similar full-time job.

(g) Part-time employees will be subject to the PERFORMANCE MANAGEMENT SYSTEM AND PERFORMANCE REVIEWS Clause of this Award.

(h) Part-time employees will be eligible, on a proportional basis for all leaves prescribed in this Award. Leave will be calculated on the basis of the proportion of hours scheduled per week to the full-time hours of work per week, i.e.

part-time hours x full-time annual entitlement = P/T annual leave

full-time hours of leave in hours entitlement (in hours)

(j) Any leave approved to cover the absence of a part-time employee will be debited on an hourly basis or part thereof to reflect the actual time taken off work.

(k) Where an employee has worked both full and part-time, the leave entitlement will be paid on the proportion of part-time and full-time service during the relevant period.

(l) Public holidays will only be paid if the employee was scheduled to work on the public holiday and in accordance with the PUBLIC HOLIDAYS Clause.

(m) Part-time employees will have access to performance payments on a proportional basis.

4.5 MEDICAL EXAMINATIONS

A person will not be eligible for appointment unless that person has, as required by the Employer, passed an examination of medical fitness by a qualified medical practitioner nominated by the Employer.

4.6 ADVICE OF ABSENCES

Employees who are absent on any day for reasons other than a pre-arranged absence must advise their manager as soon as practicable on that day, and where possible before normal starting time, of the estimated duration of the absence and the type of leave that will be taken.

4.7 TERMINATION OF EMPLOYMENT

(a) Employment may be terminated by either party (employee or the Employer) by giving two weeks written notice.

(b) The Employer may give two (2) weeks pay in lieu of notice.

(d) Employees who have given or been given notice, and absent themselves from duty without acceptable proof (the onus of proof lies with the employee) will be deemed to have abandoned employment and will not be entitled to be paid for any work performed during the period of notice.

4.8 MISCONDUCT

(a) Summary dismissal: Where it has been established to the satisfaction of the Employer that an employee has been guilty of misconduct, the Employer may summarily dismiss without notice.

(b) Suspension: Nothing will prohibit the Employer suspending from duty an employee for alleged misconduct, nor to defer payment for any day or part of a day during such period of suspension, where the Employer deems it necessary to further investigate the alleged misconduct. The employer will investigate and determine matters in relation to any suspension. During an investigation by the employer the rules of natural justice will apply.

- dismissed; or,

- regressed to a lower pay point; or,

- subjected to other action as deemed appropriate.

In the above instances payment for any period of suspension may be forfeited.

(d) Misconduct not proven: Where the employer finds that an employee suspended without pay for alleged misconduct is not guilty of the alleged misconduct, the employee will receive payment for the period of suspension.

4.9 ABANDONMENT OF EMPLOYMENT

(a) Employees who are absent from work for a continuous period exceeding 5 working days without notification to the Employer will be regarded as having abandoned their employment.

(b) After the five days referred to in (a) above, the Employer will notify such employees in writing, forwarded to the address last known to the Employer, that their employment will be terminated from the first date of absence unless acceptable explanation for such absence is supplied. A period of not less than five (5) working days will be allowed for the employee to contact the Employer.

4.10 EMPLOYER'S RIGHT TO DEDUCT PAY AND TIME LOST

(a) Through No Fault of the Employer

(i) Where employees are absent from duty for reasons not entitling payment under this Award, the Employer may deduct from the pay of the employee, payment for all time lost to the Employer.

(ii) The Employer may deduct from the pay of an employee, all amounts paid in advance for any type of leave where the leave is subsequently not approved or the employee fails to attend a course for which leave was granted.

(b) Through Fault of the Employer

No deduction will be made for time lost through the fault of the Employer.

No deduction from pay will be made for time lost owing to wet weather provided employees:

(i) continue to work until the supervisor orders work to cease;

(ii) stand-by as directed by supervisor;

(iii) commence duty when directed by supervisor;

(iv) stand-by until work has been officially abandoned for that day.

(d) Stand Down Orders

The Employer may apply to the NSW Industrial Relations Commission for stand down orders in accordance with the Industrial Relations Act 1996.

4.11 PAYMENT ON TERMINATION

When an employee is discharged and is not paid upon the works and is required to collect their pay in their own time, they shall be paid ordinary rates up to a maximum of two (2) hours. An employee who resigns may make the necessary arrangements for a cheque to be forwarded to them for any monies due.

4.12 PAYMENT OF MONEY OWING TO THE EMPLOYEE IN CASE OF DEATH

Payment of Unpaid Monies

(a) Any outstanding pay will be paid into the deceased’s nominated bank, building society or credit union account as per normal pay.

(b) All unpaid monies other than pay will be paid as follows:

(i) Where the unpaid monies owed by the employer is in excess of $15,000 such monies will be paid to the Executor or Administrator of the deceased’s estate. This will only be done on the production of Grant of Probate or Letters of Administration.

(ii) Where the unpaid monies owed by the employer do not exceed $15,000 the employer may agree to make payment through the Executor or Administrator of the deceased’s estate without Grant of Probate or Letters of Administration.

(iii) Where the unpaid monies owed by the employer do not exceed $15,000 the employer may agree to make payment to other than the Executor or Administrator of the deceased’s estate. In such cases the employer may require the person to whom the payment is made to demonstrate a legal entitlement to the money and to provide a written indemnity to the employer stating that they will indemnify the employer in relation to any claims made against the employer in relation to the money paid.

Advance Payments

Up to $5,000 may be advanced prior to the production of all documentation referred to above, provided the employer is reasonably assured that the payment is being made to the legal spouse or de facto partner or other person who can demonstrate a legal entitlement to money owing to the deceased.

4.13 OVERTIME AND SHIFT

For the purpose of meeting the needs of the industry the Employer may require any employee to work reasonable overtime including work on Saturdays, Sundays and Holidays or shift work at the rates prescribed by this Award.

5. JOB EVALUATION

The rate of pay for all positions, except positions covered by Clause 6.4 Special Movements, will be determined by job evaluation.

6. PAY

6.1 RATES OF PAY

(a) There will be one pay scale for all employees of each Employer to:

(i) Properly cater for promotions

(ii) Allow for the enhancement and development of skills, increasing managerial responsibilities and personal development.

(b) The rate of pay for a job (other than those covered by sub clause 6.4 Special Movements and base grade clerical IPS 3-20) will be based on its evaluated pay point.

(c) The rates of pay listed in this clause stand alone and contain no component rates from outside Awards or agreements. (Schedule A.)

(d) Equivalent rates of pay will be determined as follows:

(i) Daily = IPS hourly rate x ordinary daily working hours.

(ii) Weekly = IPS hourly rate x ordinary weekly working hours.

(iii) Fortnightly = weekly pay rate x 2.

(iv) Annual = weekly pay rate x 52.2

6.2 APPOINTMENTS

(a) Employees will be appointed on the appropriate annual rate of pay for the job (being the mid point), except where, in exceptional circumstances appointment may be made at the low or high point (Schedule A).

(b) Where in exceptional circumstances appointment has been made to the low point, an employee may progress to the mid-point after twelve (12) months from the original appointment, subject to satisfactory performance in all aspects of the position.

(c) Where progression for an employee is rejected, the reasons for such rejection must be stated in writing and provided to the employee. In such cases, the employee has a right of appeal to the relevant General Manager, and where unsuccessful shall subsequently be reviewed six (6) months after the original review.

(d) Where an employee is appointed to the mid point, there will be no progression.

(e) An employee shall not be paid a rate less than their appointed rate, except where an employee has been regressed as a result of:

(i) poor performance (see PERFORMANCE MANAGEMENT SYSTEM AND PERFORMANCE REVIEWS clause); or

(ii) disciplinary action (see CONTRACT OF EMPLOYMENT clause).

6.3 PAYMENTS OF MONIES DUE

(a) The Employer may make payment, less any deductions as may be authorised by the employee or required by law (eg garnishee order), by paying the full amount of any balance due into a credit union, building society or bank account of the employee’s choice, or by cheque made payable to the employee.

(b) Monies will only be assigned to accounts which are in the employees name either singly or jointly. Any payments in addition to an employee appointed rate of pay, made under the provisions of this Award (eg overtime, allowances, shift penalties, etc), will be made within the three (3) pay periods (ie six (6) weeks).

6.4 SPECIAL MOVEMENTS

(a) Where employees hold recognised tertiary qualifications and the employer requires the employee to utilise such qualifications in the course of their work, employees will be eligible to progress in line with the appropriate scale, subject to:

(i) satisfactory performance of the employee concerned at the existing pay point.

(ii) the experience and demonstrated ability of the employee concerned.

(iii) the capacity of the employee to undertake more responsible work.

(iv) the availability of work in the employees acquired discipline.

(b) Where progression for an employee is rejected, the reasons for such rejection must be stated in writing and provided to the employee. In such cases, the employee has a right of appeal to the relevant General Manager, and where unsuccessful, shall subsequently be reviewed six (6) months after the original review.

(c) Employees will initially be offered appointment to a pay point on the appropriate scale as determined by the employer and will be eligible for annual movement subject to satisfactory performance. Progression will be to the next pay point on the appropriate scale.

(i) Engineering - four (4) year degree or equivalent

Pay Point 26

Pay Point 32

Pay Point 38

Pay Point 44

Pay Point 48

Pay Point 51

Pay Point 53

Pay Point 55

Pay Point 56

(ii) Environmental Sciences - three (3) year degree, diploma or equivalent

Pay Point 22

Pay Point 26

Pay Point 32

Pay Point 38

Pay Point 44

Pay Point 48

(iii) Environmental Sciences - four (4) year degree or equivalent

Pay Point 26

Pay Point 32

Pay Point 38

Pay Point 44

Pay Point 48

Pay Point 51

Pay Point 53

Pay Point 55

Pay Point 56

(iv) Architectural - three (3) year degree, diploma or equivalent

Pay Point 22

Pay Point 26

Pay Point 32

Pay Point 38

Pay Point 44

Pay Point 48

(v) Architectural - five (5) year degree or equivalent

Pay Point 26

Pay Point 32

Pay Point 38

Pay Point 44

Pay Point 48

Pay Point 51

Pay Point 53

Pay Point 55

Pay Point 56

(vi) Surveying - degree or equivalent

Pay Point 26

Pay Point 32

Pay Point 38

Pay Point 44

Pay Point 48

Pay Point 51

Pay Point 53

Pay Point 55

Pay Point 56

Notwithstanding the provisions above, an employee who becomes a registered surveyor by examination of the Board of Surveyors will be paid a rate of not less than pay point 38.

(viii) Scientific - three (3) year degree, diploma or equivalent

Pay Point 22

Pay Point 26

Pay Point 32

Pay Point 38

Pay Point 44

Pay Point 48

(ix) Scientific - four (4) year degree or equivalent

Pay Point 26

Pay Point 32

Pay Point 38

Pay Point 44

Pay Point 48

Pay Point 50

Pay Point 52

Pay Point 53

Pay Point 55

(x) General - diploma or equivalent

Pay Point 14

Pay Point 16

Pay Point 18

Pay Point 20

Pay Point 22

Pay Point 24

Pay Point 26

Pay Point 28

(xi) General - degree or equivalent

Pay Point 16

Pay Point 20

Pay Point 24

Pay Point 28

Pay Point 32

Pay Point 36

Pay Point 40

Employees will only be eligible for special movements while in positions considered by the employer to require the specific skills of their respective discipline.

6.5 PERFORMANCE PAYMENTS

(a) Subject to (b) and (c) of this sub-clause, all employees of Sydney Water Corporation will have access to performance payments of 2% or 4% annually, based on the performance management system as outlined in the PERFORMANCE MANAGEMENT AND REVIEWS Clause of this Award. Employees of Australia Water Technologies Pty Ltd do not have access to performance payments under this sub-clause.

(b) Employees subject to Special Movements under sub-clause 6.4 above do not have access to Performance Payments under sub-clause (a) unless the employee’s particular Special Movement equates to less than a 4% increase in the employee’s rate of pay.

(c) Where an employee’s Special Movement is less than a 4% increase in the employee’s rate of pay, the amount of Performance Payment available under sub-clause (a) above, together with the amount of the employee’s Special Movement shall not exceed the equivalent of a 4% payment.

(d) Performance Payments will be calculated using the employee’s pay point most paid during the annual review period.

(e) The annual review period for assessment of performance payments will commence twelve months from date of making of the Award. Performance payments will only be available at the end of the review period.

Schedule A

INTEGRATED PAY SCALES APRIL 2001
IPS Level	SWC Hourly Rate	AWT Hourly Rate
1	11.637	11.637
2	11.637	11.637
3 Low	11.637	11.637
4	11.637	11.637
5	11.637	11.637
6	12.181	12.181
7 Mid	12.726	12.726
8	12.946	12.946
9	13.166	13.166
10 High	13.628	13.628
11	13.947	13.947
12	14.267	14.267
13	14.528	14.528
14	14.790	14.790
15	15.009	15.009
16 Low	15.229	15.241
17	15.400	15.507
18 Mid	15.629	15.773
19	15.866	16.050
20 High	16.103	16.326
21	16.258	16.506
22 Low	16.412	16.685
23	16.570	16.870
24 Mid	16.729	17.055
25	16.834	17.244
26 High	16.996	17.433
27	17.326	17.626
28 Low	17.328	17.820
29	17.473	17.988
30 Mid	17.590	18.156
31	17.766	18.329
32 High	17.914	18.501
33	18.063	18.676
34 Low	18.213	18.850
35	18.366	19.029
36 Mid	18.519	19.208
37	18.676	19.390
38 High	18.833	19.573
39	18.993	19.759
40 Low	19.152	19.945
41	19.316	20.135
42 Mid	19.479	20.325
43	19.645	20.518
44 High	19.811	20.712
45	19.980	20.909
46 Low	20.149	21.106
47 Mid	20.496	21.509
48 High	20.848	21.920
49 Low	21.208	22.339
50 Mid	21.574	22.765
51 High	21.949	23.201
52 Low	22.331	23.646
53 Mid	22.720	24.100
54 High	23.117	24.562
55 Low	23.522	25.034
56 Mid	23.934	25.514
57 High	24.356	26.006
58 Low	24.788	26.507
59 Mid	25.224	27.017
60 High	25.673	27.539
61 Low	26.129	28.070
62 Mid	26.593	28.611
63 High	27.082	29.164
64 Low	27.605	29.728
65 Mid	28.139	30.303
66 High	28.685	30.891
67 Low	29.240	31.489
68 Mid	29.806	32.099
69 High	30.385	32.721
70 Low	30.974	33.356
71 Mid	31.576	34.005
72 High	32.188	34.664
73 Low	32.814	35.338
74 Mid	33.453	36.025
75 High	34.103	36.726
76	34.768	37.442

7. CHILD CARE BENEFITS AND PAY

7.1 Notwithstanding any other provisions of the Award, by mutual agreement with the Employer, an employee may elect to receive:

(a) the benefit of services under the Employer's child care scheme; and

(b) an amount of pay equal to the difference between pay calculated in accordance with the rates prescribed in the PAY Clause and the amount specified by the Employer from time to time for the benefit received by the employee under the Employer's child care scheme.

7.2 During the currency of an agreement under this clause:

(a) an employee who takes any paid leave on full pay shall receive the benefits and pay under sub clauses 7.1 (a) and (b).

(b) An employee who takes any paid leave on less than full pay shall receive:

(i) the benefit of services under the Employer's child care scheme, and

(ii) an amount of pay calculated by applying the formula:

S x P% - [(100% - P%) x C]

Where

S = the pay determined by sub clause 7.1 (b).

P = the percentage of pay payable during the leave

C = the amount specified by the Employer for the benefit received by the employee under the Employer's child care scheme during the period of paid leave.

7.3 Any other Award payment calculated by reference to the employee's pay, and payable:

(a) during employment, or

(b) on termination of employment in respect of untaken leave, or

shall be at the rate of pay which would have applied to the employee under the PAY Clause, in the absence of the agreement.

7.4 During the currency of an agreement under this clause an employee shall not also be entitled to receive the pay prescribed in the PAY Clause.

8. SALARY SACRIFICE TO SUPERANNUATION

8.1 (a) Notwithstanding the pay outlined in Clause 6 PAY or any relevant pay scale in a registered enterprise agreement an employee may elect to sacrifice a portion of the pay payable to additional employer superannuation contributions. Such election must be made prior to the commencement date of the period of service to which the earnings relate and is subject to the limitations provided in (b) & (c) of this clause.

(b) The amount sacrificed must not exceed thirty (30) per cent of the employee’s current pay, payable under Clause 6 of this Award or under a relevant registered enterprise agreement, or thirty (30) per cent of the current applicable superannuable salary, whichever is the lesser. In this clause, "Superannuable Salary" means the employee’s salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

(c) In addition to (b) above, the amount of pay which an employee may elect to sacrifice to superannuation is limited to an amount which ensures that the aggregated amounts of employer contributions to accumulation funds (any current employer contributions and elected salary sacrificed contributions) do not exceed the employee’s maximum deductible aged based limit set by the Australian Tax Office as varied from time to time.

8.2 Where the employee has elected to sacrifice a portion of that pay to additional employer superannuation contributions:-

(a) Subject to Australian Taxation law the sacrificed portion of pay will reduce the pay subject to appropriate PAYE taxation by the amount of that sacrificed portion; and

(b) Any allowance, penalty rate, payment for unused leave entitlement, weekly workers compensation or other payment, other than any payments for leave taken in service, to which an employee is entitled under this Award or any applicable Award, Enterprise Agreement, Act or Statute which is expressed to be determined by reference to an employee’s salary shall be calculated by reference to the pay which would have applied to the employee under Clause 6 PAY of this Award or any relevant pay scale in a registered Agreement in the absence of any salary sacrifice to superannuation made under this Award.

8.3 The employee may elect to have the portion of payable pay which is sacrificed to additional employer superannuation contributions:

(a) paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or

(b) subject to the corporations agreement paid into a private sector complying superannuation scheme as employer superannuation contribution.

8.4 Where an employee elects to sacrifice in terms of Clause 8.3 above, the employer will pay the sacrificed amount into the relevant superannuation fund.

8.5 Where the employee is a member of a superannuation scheme established under

(a) the Superannuation Act 1916

(b) the State Authorities Superannuation Act 1987

the employer must ensure that the amount of any additional employer superannuation contributions specified in sub clause 8.1 above is included in the employees superannuable pay which is notified to the New South Wales public sector superannuation trustee corporation.

8.6 Where prior to electing to sacrifice a portion of his/her pay to superannuation, an employee had entered into an agreement with their employer to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in sub-clause 8.5 above, the employer will continue to base contributions to that fund on the pay payable under Clause 6 PAY or any relevant pay scale in a registered enterprise agreement to the same extent as applied before the employee sacrificed portion of that pay to superannuation.

This clause applies even though the superannuation contributions made by the employer may be in excess of superannuation guarantee requirement after the salary sacrifice is implemented.

9. NO ASSIGNMENT OF PAY

(a) An employee's pay will be paid as it falls due with the exception of payments withheld for the purposes of pay equalisation in conjunction with the 19 day lunar month pattern of work detailed in Clause 12, HOURS OF WORK of this Award.

(b) No payment shall be made in respect thereof to any person by virtue of any order, document, or instrument whereby an employee may have assigned or attempted to assign their pay.

Provided that this clause shall not apply in the case of payments made out of the pay of an employee at their request in writing in respect of contributions to:

a union party to this award

a complying superannuation fund agreed by the employer

health/medical funds agreed by the employer but including

the Hospitals Contribution Fund of Australia

the Medical Benefits Fund of Australia

the Newcastle Industrial Benefits Limited

Medibank Private

the Warragamba Dam and Prospect District Provident Fund

the Manchester Unity I.O. Oddfellows Hospital and Medical Benefits Fund

the Government Employees’ Medical and Hospital Club

the Western District Fund

any premiums due to any life assurance company approved by the employer for this purpose

Charities agreed by the employer

or the repayment of a loan advanced by a bank approved by the Employer to an employee

or contributions to a boarding house or mess establishment on any work site

or the payment of rental or other charges to the Employer on account of a cottage rented or purchased from the Employer

or amounts owing by an employee for safety footwear and/or wearing apparel purchased from or supplied by the Employer

10. PERFORMANCE MANAGEMENT SYSTEM AND PERFORMANCE REVIEWS

10.1 GENERAL

(a) Employee's work performance and skills attainment will be monitored on a regular basis throughout the period of employment with counselling and support being provided. This process is intended to enable employees to reach the level of achievement defined at the commencement of the performance management cycle and will facilitate the payment of performance payments.

(b) The performance management system ensures ongoing participative involvement, aimed at developing employees and relating development and performance to the objectives of the position and the Employer.

10.2 THE PERFORMANCE MANAGEMENT SYSTEM

(a) The system will establish performance targets and indicators for an employee and provide for ongoing support and evaluation of the employee's performance. The system leads to the development and broadening of the employee's knowledge, skills and experience relevant to the targets, and to increase their ability to work in other areas of the Employer. The system also encourages the development of relevant competencies of employees in their current jobs, provision of staff development in acquiring these competencies and career development in relation to possible future jobs.

(b) The system shall apply to each employee of the Employer within the scope of Schedule A prescribed in this Award and who are classified at Pay Point 57 and above.

(i) the provisions of this Award as varied from time to time;

(ii) the Sydney Water Act, 1994

(iii) the Industrial Relations Act, 1996,

(iv) common law and other rights.

(v) any other relevant statutory provisions,

(d) The Employer may reduce an employee's pay where by the end of the review period they have not reached an acceptable standard of skills development and/or experience, and/or demonstrated performance and/or in the case of misconduct.

(e) Notwithstanding (d) above the application of the system is not intended to effect:

(i) a variation in an existing contract of employment of an existing employee,

(ii) a substituted contract or novation,

(iii) a collateral contract or agreement,

(iv) an assignment of any rights, or

(v) an exemption from the Award

during the performance management cycle.

10.3 REGRESSION

(a) In all cases where an employee's pay has been reduced, the employee is to receive a statement in writing signed by the relevant manager which gives the grounds.

(b) The employee has the right to appeal against the decision to reduce their pay, to the relevant General Manager or a nominated authorised employee.

(c) Where the decision to regress is upheld, the employee is entitled to internal counselling and support aimed at correcting the misconduct or improving the performance.

(d) The employee will be entitled to a further review after a reasonable period of time as determined by the General Manager or nominee.

10.4 APPLICATION

(a) This system will apply to employees classified at and above pay point 57.

(b) All employees classified on pay points 1 to 56 of Schedule A and Annexure A will be subject to the trial performance management system. This system will continue until such time as another agreed system is developed.

11. TEMPORARY ARRANGEMENTS

(a) Where a vacancy exists, or an employee is absent for four (4) consecutive days or more, the Employer, on a temporary basis, may:

(i) fill the position with the most suitable competent employee from a lower pay point with such employee receiving the specified pay point applicable to the position; or

(ii) fill the position with the most suitable competent employee from a higher pay point without loss of pay; or

(iii) fill the position with an employee at the same pay point, without variation in pay, in order to provide the opportunity for the employee concerned to develop skills; or

(iv) fill the position on a rotational basis using any combination of the provisions set out in points (i) to (iii) above; or

(v) assign part or all of the duties to an employee or employees from the same pay point or higher without variation in pay; or

(vi) leave the position unoccupied.

(b) Where an employee is absent from duty for three (3) days or less the Employer may:

(i) assign the duties to another employee or employees without variation in pay; or

(ii) leave the position unoccupied.

(c) A part-time employee may relieve in a higher paid position and be entitled to payment on a pro rata basis where such period exceeds four (4) consecutive days based on their usual pattern of work.

In such cases, where a full time employee performs the duties on the remaining days, such employee will be entitled to payment at the higher rate where four (4) or more consecutive days are worked based upon the part-time pattern.

(d) Full-time employees who relieve in a higher paid part-time position will receive payment at the higher rate on a pro rata basis where such period exceeds four (4) consecutive days on the part-time pattern of work.

(e) Temporary arrangements are voluntary where an employee would be financially disadvantaged by being forced to undertake the duties of another position.

(f) The Unions can approach the Employer in individual cases of hardship or difficulty regarding the application of this clause.

12 HOURS OF WORK

12.1 GENERAL

(a) For the purpose of this clause the organisation’s needs are of the foremost importance and such matters as the availability of adequate supervision, service to the public, work timetables, team or group work and inter-branch relationships will be relevant factors in determining the staggered work arrangements to be worked by employees. It will be the Corporation’s responsibility to ensure that sufficient employees are on duty to maintain service and work objectives.

(b) The organisation of work and ordinary hours will optimise work effectiveness and the fulfilment of the reasonable needs of employees.

(c) The standard working hours will be those necessary for the completion of routine work, and this clause sets out the ordinary hours and conditions attached to exceptions.

12.2 ORDINARY WORKING HOURS

(a) The ordinary working hours of full-time employees will be:

(i) an average of 35 per week, Monday to Friday inclusive, between the spread of hours 7.00am to 6.00pm, in accordance with subclause 12.3; or

(ii) an average of 38 per week over a four-week period, Monday to Friday inclusive, eight hours per day between the spread of hours 7.00am to 6.00pm, except for one leisure day off in each four-week period.

(b) The provisions of subparagraph (ii) of paragraph (a) of this subclause will apply to employees who:

(i) occupy positions that were former Wages Division positions;

(ii) supervise employees who occupy positions that were former Wages Division positions;

(iii) provide ancillary services to support the functions performed by employees who occupy former Wages Division positions and are required to work similar hours; or

(iv) the duties of the position require the working of a 38-hour week.

12.3 STAGGERED WORK ARRANGEMENTS FOR EMPLOYEES WORKING A 35 HOUR WEEK

(a) The provisions of this subclause apply to:

(i) full-time employees whose ordinary working hours are an average of 35 hours per week; and

(ii) full-time term employees:

(A) whose ordinary working hours are an average of 35 hours per week; and

(B) who are permitted to work in accordance with this subclause by the relevant manager.

(b) The provisions of this subclause do not apply to the following:

(i) part-time employees;

(ii) casual employees;

(iii) employees on part-time maternity leave; and

(iv) any employee (regardless of the basis of their employment) who fails to comply with the roster day off (RDO) requirements in paragraphs (g) and (h) of this subclause.

(c) Employees to whom this subclause applies may nominate a preference to work one of the following staggered work arrangements:

(i) 20 day month of 7 hours per day (20 day month);

(ii) 19 day month of 7 hours and 25 minutes *per day and one RDO (or two half RDO’s) every four weeks (19 day month); or

(iii) 9 day fortnight of 7 hours and 55 minutes *per day and two RDO’s (or four half RDO’s) every four weeks (9 day fortnight)

* Any time worked in excess of 7 hours on any day by employees under subparagraphs (c) (ii) and (iii) will be additional time worked on working days (excluding public holidays and 20 days recreation leave per year) for the purposes of the employee accruing RDO’s.

(d) An employee’s nomination to work one of the staggered work arrangements under paragraph (c) of this subclause will be considered as follows:

(i) Rostered days off are subject to consultation but remain an employer’s prerogative which prerogative is designed to ensure service to the public, availability of adequate supervision and satisfaction of the employer’s needs

(ii) Unless the option as to one of the three staggered work, arrangements in subclause 9.3 (c) is specifically stipulated in the employee’s position description, the staggered work arrangement shall be at the election of the employee.

(iii) Where an employee’s staggered work arrangements are not stipulated in the employee’s position description the employee’s manager will consider the employee’s nominated staggered work arrangement having regard to the employer’s needs referred to in subclause 12.1(a) above.

(iv) The manager shall not unreasonably withhold approval of the employee’s nominated staggered work arrangement.

(v) If the employee’s nominated staggered work arrangement is unacceptable to the employer and the employee does not accept the reason(s) for the rejection, the nomination will be reviewed under clause 58 of the Award.

(vi) If the employee accepts the reason(s) for the rejection of the employee’s nominated staggered work arrangements, then the employee may elect to work one of the remaining staggered work arrangements provided that the employee may not elect a nine day fortnight.

(vii) An employee may elect to vary their staggered work arrangements at any time subject to the constraints set out in subclause 12.3.

(e) Employees who are eligible to work in accordance with this subclause must:

(i) advise their supervisor/manager in writing of the staggered work arrangements in paragraph (c) of this subclause that they would prefer to work on an ongoing basis, which preference will be considered under paragraph (d); and

(ii) if they commence employment during a four week roster period, work a 20 day month until the commencement of the first four week roster period after the date of commencement of their employment; at which time they may commence working accordance with any approved staggered work arrangements under paragraph (c) of this subclause.

(f) Employees who are eligible to work in accordance with this subclause may make a request, in writing to their Manager, to change their current work arrangements to an alternative staggered work arrangement under paragraph (c) of this subclause. Such requests will be considered under paragraph (d) and where approved will operate from the commencement of the next available four week roster period.

(g) Employees who are eligible to work in accordance with this subclause must advise their supervisor/manager of their proposed dates for their RDO(s) before the third Wednesday during the four week roster period preceding the roster period in which the employee wishes to take their RDO(s).

(h) The employee’s supervisor/manager will determine whether to approve the proposed dates for their RDO’s. Where possible employees will be afforded flexibility in choosing when to take RDOs. However the employees’ supervisor/manager may (at any time and regardless of whether the employee has made a request to take RDO’s) determine when employees take their RDOs and the employee must take their RDOs at that time.)

(i) Employees must ensure that approved RDO(s) are appropriately recorded in the manner determine by the business in which they work.

(j) Employee’s RDO accumulation shall not exceed:

(i) two RDOs in addition to the RDOs accumulated in the current four week roster period where they are working a 9 day fortnight; and

(ii) one RDO in addition to the RDO accumulated in the current four week roster period where they are working a 19 day month.

(k) When RDOs are taken continuous with recreation leave:

(i) any RDOs due at the start of the period of recreation leave will be regarded as being taken from the first day of the leave; and

(ii) any RDOs accumulated during leave will be regarded as being taken at the end of the leave.

(l) RDO entitlements will be reduced in accordance with paragraph (m) as a result of all absences from work of one day or more except for absences in the following circumstances:

(i) Recreation leave;

(ii) Local leave;

(iii) Public Holiday;

(iv) Roster leave;

(v) Examination leave (½ day) together with Recreation leave (½ day);

(vi) Jury duty; and

(vii) TUTA leave.

(m) RDO entitlements are reduced by a half day, in the following roster period, if an employee accumulates:

(i) 9 days absence (other than of the type specified in paragraph (1) from work (over any period) where the employee works a 19 day month; or

(ii) 5 days absence (other than of the type specified in paragraph (1) from work (over any period) where the employee works a 9 day fortnight.

(n) The maximum payment in lieu of RDOs on termination of employment is two days paid at single time rates.

(o) RDOs must not be taken before they are accumulated.

(p) If an employee is sick on an RDO the employee will be entitled to sick leave on full pay for that day instead of taking an RDO provided that:

(i) the employee complies with clause 22, Sick leave; and

(ii) the employee has an entitlement to paid sick leave

(q) Employees to whom this subclause applies - other than shift workers - must:

(i) commence work at a time approved by the employee’s supervisor/manager prior to the commencement of the current roster period; and

(ii) be on duty between the hours of 10.00am and 3.00pm (excluding lunch time) unless on approved leave.

(r) Subject to paragraph (s) of this subclause, where possible an employee who commences work after the starting time approved under subparagraph (q) (i) of this subclause must work their normal staggered roster hours for that day without the payment of overtime.

(s) Where an employee commences work after 10.00am, they must apply for recreation leave or have their RDO entitlements reduced to cover the period of absence. The minimum amount of leave an employee may apply for is a ½ day in respect of any such absence where no recreation leave or RDO entitlements are available to the employee, the employee must take leave without pay. This paragraph will not apply in the event of major transport delays or where a supervisor/manager determines that special circumstances exist.

(t) Employees to whom this subclause applies must take a lunch break between 11.00am and 2.00pm, unless the employee’s supervisor/manager has agreed prior to the lunch break being taken that the employee may take his or her lunch break at an alternative time.

12.4 VARIATION OF HOURS -

(a) Starting and ceasing times may be varied to meet the Corporation’s requirements in cases where work cannot be carried out during the spread of hours (i.e. 7.00am to 6.00pm).

(b) Employees whose starting and ceasing times have been varied by the Corporation will be entitled to a loading of:

(i) 25 per cent for those hours worked outside the spread of hours; or

(ii) 50 per cent for those hours worked outside the spread of hours if the shift starts before 5.00am or finishes after 8.00pm

(c) The loading specified in paragraph (b) of this subclause shall not apply where the Corporation does not require the hours to be varied but the variation has been made by mutual agreement between the Corporation and the employees concerned.

(d) This subclause does not apply to shift workers.

12.5 MEAL BREAKS -

(a) Meal break entitlements for employees other than shift workers are provided in clause 13, Meal Breaks.

(b) Meal Break entitlements for shift workers are provided in clause 14, Shiftwork - Regular and clause 15, Other Shiftwork

12.6 DIVING AND ASSOCIATED WORK -

(a) Employees who are required by the Corporation to;

(i) carry out diving activities; or

(ii) assist employees required to carry out diving activities, will work an average of 28½ hours per week over a four-week period, to be worked six hours per day.

The assistants will be required to undertake all necessary incidental work both prior to and after diving as part of the day’s work without extra payment, regardless of whether six hours are exceeded.

12.7 TUNNELLING AND ASSOCIATED WORK -

(a) Employees chopping sandstone in tunnels or drives where the use of explosive is prohibited will work:

(i) Until the tunnel is broken through - an average of 23¾ ordinary hours per week over a four-week period, to be worked five hours each day, except for one leisure day off in each four-week period.

(ii) After the tunnel is broken through - an average of 33¼ ordinary hours per week over a four-week period, to be worked seven hours per day, except for one leisure day off in each four-week period.

(b) Employees excavating sandstone by means of water lined pneumatic picks in tunnels or drives where the use of explosives is prohibited and where the atmosphere does not contain more than 200 particles of silica per cubic centimetre will work.

(i) Where the superficial area of the tunnel does not exceed 3.72 square metres - an average of 33% ordinary hours per week over a four period, to be worked seven hours per day, except for one leisure day off in each four-week period.

(ii) Where the superficial area of the tunnel exceeds 3.72 square metres - an average of 38 hours per week over a four-week period to be worked eight hours per day, except for one leisure day off in each four-week period.

(i) carry out at least six dust tests per day at every location where employees are working;

(ii) carry out these dust tests two hours after work has commenced at the particular location;

(iii) carry out the six tests within a period of 30 minutes.

The average of the tests made will determine the number of particles of silica per cubic centimetre in the atmosphere.

A copy of every test made will be forwarded to the Water and Maritime Industry Union within 48 hours.

(d) Employees driving tunnels in sandstone where the use of explosives is not prohibited shall work.

(i) Where the superficial area of the tunnel does not exceed 3.72 square metre - an average of 33¼ ordinary hours per week over the four-week period, to be worked seven hours per day, except for one leisure day off in each four-week period.

(ii) Where the superficial area of the tunnel exceeds 3.72 square meters - an average of 38 hours per week over a four-week period, to be worked eight hours per day, except for one leisure day off in each four-week period.

(iii) Where the superficial area of the tunnel exceeds 3.72 square metres and the atmosphere contains more than 200 particles of silica per cubic centimetre - an average of 341/5 ordinary hours per week over a four-week period, to be worked 7½ hours each day, except for one leisure day off in each four-week period.

(iv) Where the superficial area of the tunnel exceeds 3.72 square metres, and after testing it is established that the atmosphere contains more than 200 particles per cubic centimetre of sandstone dust, then:

(1) mechanical means will be used to clear the atmosphere of dust to less than 200 particles per cubic centimetre;

(2) work in the tunnel will cease and all employees will be paid for the time they are kept waiting.

(e) Employees driving tunnels or working in drives in any formation other than sandstone will work:

(i) Where the superficial area of the tunnel does not exceed 3.72 square meters and the tunnel is over 4.57 metres in length - an average of 34 1/5 ordinary hours per week over a four-week period, to be worked seven and one-half hours each day, except for one leisure day off in a four-week period.

(ii) Where the superficial area of the tunnel or drive does not exceed 3.72 square meters and the tunnel or drive is not over 4.57 metres in length - an average of 38 hours per week over a four-week period, to be worked eight hours per day, except for one leisure day off in each four week period.

(iii) Where the superficial area of the tunnel exceeds 3.72 square metres - an average of 38 hours per week over a four-week period, to be worked eight hours per day, except for one leisure day off in each four-week period.

(f) Employees sinking shafts in sandstone shall work an average of 33¼ ordinary hours per week over a four-week period to be worked seven hours per day, except for one leisure day off in each four-week period.

(g) Employees sinking shafts in any formation other than sandstone, after a depth of 6.10 metres has been reached, shall work an average of 34 1/5 ordinary hours per week over a four-week period to be worked seven and one-half hours per day, except for one leisure day off in each four-week period.

(h) Employees required to excavate sandstone by means of guttering and gadding or guttering and blasting or chopping sandstone out of the face with a pick in any trench excavated to a depth exceeding 1.2 metres from the surface will work

(i) An average of 33¼ ordinary hours per week over a four-week period, to be worked seven hours per day, except for one leisure day off in each four-week period.

(ii) Employees engaged in loading and/or trucking out skips in a tunnel or drive in sandstone tunnels or in tunnels in any formation other than sandstone 3.48 metres or more in length, employees filling buckets or skips at the bottom of sandstone shafts during sinking, and operators, tunnel-loaders - as prescribed in paragraphs (a) and (c) of this subclause.

(i) All employees working underground continuously where excavation of tunnels is being performed for more than a day shift in any one day shall work the same hours as are prescribed in this clause for such work.

(j) If work is performed:

(i) on any rock containing silica (as opposed to free silica) to the amount of 25 per cent or over; or

(ii) where tests show a presence of more than 400 particles per cubic centimetre, then:

(1) mechanical means will be used to clear the atmosphere of dust to less than 400 particles per cubic centimetre; or

(2) all work shall cease and all employees will be paid for the time they are kept waiting.

The Corporation will, at regular intervals or upon the request of the Water and Maritime Industry Union, test for atmospheric conditions and forward the results to them.

13. MEAL BREAKS

13.1 MONDAY - FRIDAY

(a) Employees will be allowed a mid day meal break of not less than 30 minutes or more than one (1) hour without pay.

(b) No employee other than those covered by Clause 14 REGULAR SHIFTWORK and Clause 15 OTHER SHIFTWORK will be required to work for more than five (5) hours on any day without a break for the "midday" meal, unless the requirements of the work make it impracticable to allow such break before five (5) hours have elapsed.

(c) In cases were employees are required to work for more than five (5) hours without a break, the break will be allowed as soon as practicable thereafter and in any event before six (6) hours have elapsed.

(d) Where an employee is required to work for more than the period of five (5) hours specified in this sub-clause they will be paid at the rate of time and one half from the end of five (5) hours until the meal break occurs. Where overtime is worked contiguous with the day in question this payment will not be taken into account in the calculation of overtime.

13.2 MEAL BREAKS DURING OVERTIME MONDAY TO FRIDAY

Employees who are required to continue work beyond their normal ceasing time of an ordinary working day will, if the period of overtime to be worked is more than one (1) and a half hours, be allowed a meal break of 30 minutes which will be paid for at single time rates. Where the overtime continues for more than five (5) and a half-hours, an additional paid break of 20 minutes is to be allowed with a further paid break of 20 minutes each four (4) hours thereafter, provided overtime continues, which each meal break being paid for at single rates.

13.3 SATURDAYS, SUNDAYS OR HOLIDAYS

Employees working overtime on Saturdays, Sundays or holidays will be entitled to a paid meal break of 30 minutes after each four hours of overtime worked. This is provided that employees continue to work after the break. These breaks are paid at overtime rates.

13.4 VARIATION TO MEAL BREAKS

Notwithstanding these provisions, meal breaks may be taken by agreement, at any time to best reconcile the needs of work and the employees who perform it and without payment of penalty.

14. REGULAR SHIFTWORK

14.1 GENERAL

Where the process of work requires continuity beyond the span of day working hours, such work will be organised by shift hours which may be worked by full-time, temporary, part-time or casual employees.

14.2 REGULAR SHIFTWORK

(a) The hours for employees engaged on regular shiftwork will not exceed:-

(i) in the case of employees whose ordinary working hours are an average of 38 per week over a four (4) week period or over a 28 day cycle - 152 hours in 28 days of any 28 day roster period to be worked in 19 shifts of eight (8) hours each;

(ii) in the case of employees whose ordinary working hours are 35 per week - 70 hours in fourteen (14) consecutive days of any fortnightly roster period to be worked in ten (10) shifts of seven (7) hours each.

(b) Time worked in excess of the ordinary shift hours as contained in (a)(i) and (ii) above, will be paid at overtime rates, except time worked:-

(i) by arrangement between the employees themselves with the consent of the Employer; or

(ii) consequent upon the periodical change from day to night shift; or

(iii) owing to the replacement employee reporting for duty later than the appointed time.

For Saturday shifts - time and one half for the first two hours, thereafter at double time, provided that any shift commencing after 12 noon will be paid at double time.

For Sunday shifts - double time.

For holiday shifts (including Easter Saturday) - time and one half.

The extra rates provided above will be in addition to the shift allowance prescribed in sub-clause 1.(f) of this Clause.

(d) Employees working to a shift roster of two (2) or more shifts per day or a seven (7) day continuous day roster who work on holidays according to their turn on the roster without receiving overtime pay therefore, will receive in addition to any other leave, roster leave on full pay as follows:-

(i) for each continuous period of twelve (12) months work, two (2) weeks leave; and

(ii) for any period of such work less than twelve (12) months, one (1) day's leave for each holiday occurring in the period;

(iii) in addition to four (4) weeks recreation leave per annum and roster leave as prescribed in this sub-clause, employees rostered to work their ordinary shift hours on Sundays and/or public holidays will, on completion of each twelve (12) month period be credited with additional leave on the following basis:-

No. of ordinary shifts worked

on Sundays and/or public holidays No. of additional

during a 12 months period days leave

4-10 1

11-17 2

18-24 3

25-31 4

32 or more 5

On termination of employment an employee will be entitled to be paid the money value of the additional leave accrued in respect of an uncompleted twelve (12) months period in accordance with the above scale.

(iv) The period of "twelve (12) months" referred to in (i), (ii) and (iii) above will mean a "leave" year, i.e. from 1st December one (1) year to 30 November the next year.

(e) The Employer's management will make every endeavour to ensure that additional leave and roster leave provided for under this Clause will be taken and in particular will ensure that such leave will not be allowed to accrue beyond (7) weeks. Any leave in excess of 7 weeks may be deemed to be forfeited.

(f) Leave due to employees on roster will commence on and from the day following the last day of duty, and will be computed on a weekly basis, provided that if the day of resumption of duty falls upon the employee's day off on the roster they will not resume duty upon that day but upon their first roster day of duty. Provided further that a period of seven (7) weeks combined recreation, roster leave and shiftwork additional leave will consist of 35 ordinary roster duty days.

(g) Employees working on the afternoon or night shift, will be paid an extra allowance calculated at 20 percent more than the ordinary rate for such shifts, excluding overtime shifts.

(h) Employees on roster transferred from one roster to another will, in respect of the first day upon which they are required to work on the new roster which day would have been their day off on the old roster, be paid at the rate of time and one half for a week day, time and one half for the first two (2) hours and thereafter double time on Saturdays, double time from 12 noon on Saturdays, double time on Sunday and time and one half plus one additional day roster leave to credit for holidays. In addition, the extra allowance provided for in sub-clause (g) will apply in respect of any afternoon or night shift excluding overtime shifts.

(i) Shift Replacement: Employees on day work may be called upon at the Employer's discretion to replace a roster employee and will then be paid as follows:-

(i) for the first seven (7) calendar days:

Saturday: time and one half for the first two (2) hours double time thereafter, provided that double time will apply after 12 noon.

Sundays: double time

Holidays: when rostered on-time and one half plus one (1) additional day roster leave to credit;

when rostered off - one additional roster day to credit.

For any afternoon or night shift other than those covered by sub-clause (i) time and one half in addition to the extra allowance provided for in sub-clause (g) will apply in respect of any afternoon or night shift excluding an overtime shift.

(ii) After seven (7) calendar days; in accordance with the provisions in this clause for regular roster employees.

(j) For the purposes of this clause any shift and/or roster, the major portion of the ordinary hours of which are worked on a Saturday, Sunday or holiday, will be deemed to have been worked on a Saturday, Sunday or holiday, and will be paid as such.

(k) Crib time to the extent of 30 minutes on each shift will be allowed and paid for as time worked, in addition, one (1) ten (10) minute break subject to the employee being immediately available at the work location according to the exigencies of the work.

(l) The overtime rates payable for any overtime shift of eight (8) hours worked by employees on shift will be in substitution for and not accumulative upon the rates payable for shift work performed on Saturday, Sunday or public holiday.

(m) Notwithstanding anything prescribed elsewhere in this Award, an employee may be required by the Employer to work on their scheduled leisure day to meet the exigencies of the Employer's service, and in such cases:

(i) will be given a minimum of 24 hours notice of the Employer's requirements; and

(ii) will be entitled to a substitute leisure day by agreement with the Employer, or as soon as practicable.

Provided further that where it is not possible to give a minimum of 24 hours notice an officer may be required to work, and will be paid overtime rates at the rate of time and one half for the first 2 hours and at double time thereafter.

15. OTHER SHIFTWORK

15.1 GENERAL

(a) Except as provided in the HOURS OF WORK Clause this sub-clause will have application to all employees other than those covered by REGULAR SHIFTWORK.

(b) When on any work other than regular shiftwork and two or more shifts are worked per day, they will be worked during the hours as fixed by the Employer. Each week's work will as far as practicable be arranged on a rotational basis and completed between midnight Sunday and midnight Friday.

15.2 38 HOUR PER WEEK EMPLOYEES

Employees who work 38 hours per week, or less than 35 hours per week as prescribed by the HOURS OF WORK clause, will be subject to the following conditions when two (2) or three (3) shifts are worked:-

(a) the two (2) or three (3) shifts shall be of equal duration;

(b) when any one of the shifts is of four (4) hours duration or more, crib time to the extent of 30 minutes on each shift shall be allowed and paid for as time worked;

15.3 35 HOUR PER WEEK EMPLOYEES

Shifts worked by employees whose ordinary working hours are prescribed by this Award as 35 per week will be of seven (7) hours duration without a paid crib break. Where any day shift commences earlier than 7.00 a.m. such shift will paid for at ordinary time plus an additional ten (10) percent allowance.

15.4 PART-TIME EMPLOYEES

Shifts worked by part-time employees, whose ordinary working hours will be less than 35 per week, will be in an unbroken shift for the hours so contracted and will be without a paid crib break. Where any part-time employee is required to commence a day shift earlier than 7.00 a.m. such an employee will be paid at ordinary time plus an additional ten (10) per cent allowance for the hours so worked, per day or shift as the case may be.

15.5 RATES

(a) All time worked on the second (afternoon) or third (night) shifts will be paid for at the following rates:

(i) For work carried out at a construction site (not including a recognised office or depot) time and one half.

(ii) For work carried out at a recognised office or depot, time and one-quarter.

For the purpose of this sub-clause "recognised office or depot" will mean all premises occupied by the Employer other than temporary construction site accommodation, erected on a construction site for the exclusive use of a construction workforce.

(b) All time worked in excess of the ordinary shift hours as herein prescribed will be paid for at the rate of time and one half for the first two (2) hours and double time thereafter.

(d) All time worked on shift work on holidays will, in addition to the holiday pay prescribed in PUBLIC HOLIDAYS Clause be paid for at the rate of time and one-half, provided that time worked on a holiday in excess of ordinary shift hours will be paid for at the rate of double time and one half.

(e) An employee required to report for overtime work on a Saturday, Sunday or Holiday shall be afforded at least four hours' work or paid for four hours at the appropriate rate except where such overtime is continuous with overtime commenced on the previous day.

(f) When employees are engaged on any work other than regular shiftwork, where two or more shifts are worked each day, and are continuously employed on any shift terminating between midnight and 8.00 a.m. for more than one shift in excess of the recognised weekly or fortnightly rotation of shifts, they will be paid an additional allowance of five per cent of their salary for each additional shift so worked.

(g) Notwithstanding anything prescribed elsewhere in this Award, the overtime rates payable for any overtime shift worked by employees on shift, will be in substitution for and not cumulative upon the rates payable for shift work performed on a Saturday, Sunday or public holiday.

15.6 WORKING ON SCHEDULED LEISURE DAYS

(a) Employees may be required to work on their scheduled rostered day off. In such cases employees will be:

(i) given a minimum of 24 hours notice; and

(ii) be entitled to a substitute day by agreement, with the Employer or as soon as practicable.

(b) Where it is not possible to give 24 hours notice, and an employee is required to work, they will be paid at the rate of time and one half for the first two (2) hours and double time thereafter.

16. REST BREAKS

(a) Employees required to continue work after their ceasing time must have a rest period of ten (10) consecutive hours before again starting work. Employees are to be paid for any working time lost.

(b) Employees recalled to work after ceasing work, who work for more than a total of four (4) hours and finish on the last occasion at a time which does not allow the employee to have a seven (7) hour rest period before their next starting time, will be entitled to a rest period of ten (10) consecutive hours. Employees will be paid for any working time lost.

(c) Employees recalled to work after ceasing time who do not actually work for more than a total of four (4) hours are not entitled to the provisions of (b) above.

(d) Employees directed to resume or continue work without having their rest period will be paid at time and one half for the first two hours and double time thereafter until they are released from duty. They will then be entitled to be absent for a rest period of ten (10) consecutive hours without loss of pay.

(e) Rest periods are calculated from the time the employee is absent from work.

17. OVERTIME

17.1 ELIGIBILITY

(a) Subject to sub-clauses 12.3 and 12.4 of clause 12, Hours of Work, and to the provisions in clause 14, Shiftwork - Regular and clause 15, Other Shiftwork, overtime will mean all authorised time worked before, after or beyond the usual hours of work, as required.

(b) Except with the special approval of an authorised employee, the following employees are not entitled to the payment of overtime:

(i) Employees classified at pay point 68 and above; or

(ii) Employees classified below pay point 68 provided that:

(A) the employee agrees that they forego overtime payments pursuant to subclause 17.2; and

(B) the employee is paid a margin in lieu of overtime agreed between the Corporation and the employee; and

17.2 RATE OF PAYMENT

(a) (i) Monday to Friday - time and one half for the first two hours and double time thereafter.

(ii) Saturdays - time and one half for the first two hours and double time thereafter, and all time after 12 noon at double time.

(iii) Sundays - double time.

(iv) Public Holidays, time and one half in addition to the holiday pay prescribed in the Public Holidays clause. Provided that the time worked in excess or outside ordinary working hours on holidays shall be paid for at the rate of double time and one half.

(b) Employees required to work overtime on a Saturday, Sunday, Holiday or a day they are rostered off will work, or be paid, for a minimum of four (4) hours, except where such overtime is continuous with overtime commenced on the previous day.

(c) Where employees are required to work overtime both before and after their usual working hours on the same day, the Corporation will add the overtime hours worked both before and after to make a total amount of overtime. This total will be used to calculate when double ordinary rates become payable.

(d) An employee working overtime or working temporary night shift and finishing work at a time when reasonable means of transport is not available, shall be conveyed to their home within a reasonable time.

18. CALL OUT

(a) Employees called back to work after the usual ceasing time and before 6.00 a.m. on the next working day will be paid a minimum of four (4) hours at the appropriate overtime rates.

(b) Any further call outs within the four (4) hour period set by the first call are covered by the initial four (4) hour payment.

(c) Call outs after the initial four (4) hours are paid at the appropriate overtime rate for the actual time of the call out.

(d) Payment will be calculated from the time the employees leave home to attend the call out until they return.

(e) Any time worked by an employee called out will not contribute toward the calculation of that employee's ordinary hours.

(f) This clause will not apply to those employees listed as ineligible to receive overtime payments under the OVERTIME clause.

19. STAND-BY

19.1 GENERAL

It is recognised that the Employer has a statutory requirement to provide an efficient service to the public. To this end nominated employees may be placed from time to time on a standby roster in order to maintain out of hours services.

19.2 IN CONNECTION WITH THE SEWERAGE SYSTEM

(a) Employees rostered to stand by at their home will be paid at the following rates:

(i) Weeknights (Exclusive of public holidays) - 2 hours pay

(ii) Saturdays, Sundays and public holidays - 5 hours pay

(b) Standing by will be deemed to commence from the close of normal work on the previous day and end at the normal starting time on the next working day, except for the period 7.30 am - 5.30 pm on Saturdays, Sundays or public holidays.

19.3 OTHER THAN IN CONNECTION WITH THE SEWERAGE SYSTEM

(a) Employees rostered to stand by at their home will be paid at the following rates:

(i) Weeknights (exclusive of public holidays) - 2 hours pay

(ii) Saturdays, Sundays and public holidays - 8 hours pay

(b) Standing by will be deemed to commence from the close of normal work on the previous day and end at normal starting time on the next working day.

19.4 PAYMENT OF STANDBY

Stand by time will not be computed as overtime but will be paid at single rates.

19.5 OVERTIME

Any overtime worked whilst on standby will be paid in accordance with the provisions of the OVERTIME Clause of this Award and will be in addition to any standing-by payment.

20. PUBLIC HOLIDAYS

Subject to the provisions of this Award:

(a) Employees are entitled to be absent on full pay for all public holidays proclaimed as such for the state of New South Wales or the County of Cumberland (except the first Monday in August).

(b) Employees will also be entitled to one additional day, which they may elect to take between Christmas Day and New Years Days or the Union Picnic Day.

(c) The Union Picnic Day will occur on or before the first Monday in November of each year or another date to be approved by the Employer.

(d) Part-time employees shall be entitled to be absent on full-pay on public holidays, provided that the public holiday falls on a day that the employee is scheduled to work.

(e) Casual employees are not entitled to the payment of public holidays.

(f) Payment will only be made if the employee is at work for the full day, or on approved absence, on both their scheduled working days immediately before and after the public holiday.

Employees will be regarded as having worked when they are on:

* recreation leave on full pay;

* special short leave;

* rostered days off;

* study leave;

* TUTA leave;

* approved sick leave with or without pay;

* when the job has been closed by the Employer for reasons other than industrial action; and

* leave without pay (provided the Public Holiday falls within the first fourteen (14) calendar days of the leave).

(g) Public holidays occurring during periods when an employee is on long service leave shall be counted as part of the long service leave and not as holidays.

(h) Where a five (5) day week is worked, no payment shall be made for holidays observed on a Saturday.

21. RECREATION LEAVE

21.1 ENTITLEMENT

(a) Full-time employees receive four (4) calendar weeks recreation leave, exclusive of any public holiday observed on a working day, for each year of service.

(b) Part-time and term employees will be entitled to recreation leave on a pro-rata basis.

(d) Casual employees do not accrue recreation leave.

(e) For the purpose of calculating recreation leave, any period in excess of seven (7) working days during which an employee is on leave without pay will not be deemed to be included in any year of an employee's service, except for employees referred to in sub-clause (f) below.

(f) Any employee who is:-

(i) an accredited delegate of the union contained in the DEFINITIONS clause of this Award; or

(ii) elected to a Committee of Management or Welfare and Emergency Fund Committee,

(iii) a member of a consultative committee,

and who takes leave without pay to attend Union business will not lose any rights which accrue under this clause.

21.2 TAKING OF LEAVE

(a) Recreation leave shall be taken at a time convenient to the Employer.

(b) All employees are required to take their four (4) calendar weeks recreation leave within six (6) months of it becoming due, unless they have the written permission of an authorised employee to defer their leave. No approval to defer leave will be granted if the employee's current balance is more than 70 days. Provided that all recreation leave in excess of 70 days accumulated by an employee will be deemed to be forfeited unless an authorised employee otherwise expressly directs.

Recreation leave deemed to be forfeited (less any already taken) will be paid out on termination of service at the employee's pay point most paid during the twelve (12) months immediately prior to termination date, but in any case at a rate no less than the employee's appointed pay point.

(d) Recreation leave will represent time off work, and in no case shall an employee receive two (2) pays for the same day.

(e) The Employer may direct an employee, by the giving of four (4) weeks notice, to take the balance of their current year's entitlement.

21.3 PAYMENT FOR LEAVE

(a) Employees are entitled to be paid in advance for their period of leave.

(b) Upon termination, employees will receive the monetary value of their untaken leave balance.

(c) Recreation leave will be paid at the pay point most paid during the period in which the leave accrued. No employee will receive pay at less than their appointed rate.

(d) Where an employee has given notice that they require their leave to be paid in advance, and through the fault of the Employer, this has not occurred, the employee will be entitled to:-

(i) a maximum of two (2) hours ordinary pay; and

(ii) reasonable fares for collecting their pay once leave has commenced.

22. RECREATION LEAVE LOADING

22.1 GENERAL

(a) A loading calculated on a maximum of four (4) calendar weeks recreation leave is paid to employees each year and is based on the rate at which the leave is paid.

(b) The loading is paid on the first occasion during a leave year when an employee is absent for at least two (2) consecutive weeks and when the majority of that absence is recreation leave.

(c) If an employee does not take such a period of leave during a leave year, the monetary value of the leave loading will be paid in the first pay after 30th November.

(d) Leave loading is paid only once for a leave year. The full leave loading entitlement is paid on the first occasion it becomes available, even if the full leave entitlement is not taken.

(e) For the purposes of calculation, a leave year is from 1 December one year to 30th November the next year, and the amount paid will be in respect of leave accrued during the immediately preceding twelve (12) months.

(f) The maximum monetary amount of leave loading will not exceed the value of the leave loading for pay point 76.

(g) Loading is not paid:-

(i) on resignation: or

(ii) where the employee has been dismissed by the Employer for serious misconduct; or

(iii) upon the death of an employee; or

(iv) in respect of broken periods of service; or

(v) to employees regarded as trainees on full time courses at Universities.

22.2 AMOUNT

(a) The rate of leave loading is 17.5% of up to four (4) calendar weeks recreation leave.

(b) Employees working:-

Three shift continuous 7 day roster (standard) under the REGULAR SHIFTWORK clause of this Award - 42.75%.

Two shift continuous 7 days roster (standard) under the REGULAR SHIFTWORK clause of this Award - 32.5%.

One shift continuous 7 day roster (standard) under the REGULAR SHIFTWORK clause of this Award - 25.%.

(c) Employees working a continuous shift roster other than the standard roster as in (b) above - either three shift continuous 7 day roster, two shift continuous, 7 day roster or one shift continuous 7 day roster - and covered by the REGULAR SHIFTWORK clause of this Award shall receive the leave loading percentage applicable to the penalties incurred in the four (4) weekly period of absence based on a four (4) week cycle of work.

23. LONG SERVICE LEAVE

23.1 DEFINITIONS

(a) The term days shall include all days, excluding Saturdays and Sundays, the employee would have been normally scheduled to work including public holidays. Public holidays occurring during a period of long service leave are to be taken as long service leave.

(b) The term service will mean all service recognised by the Employer.

23.2 ENTITLEMENT

(a) Full-time Employees

(i) Full-time employees receive long service leave after ten (10) years continuous service in accordance with the following scale:

	Leave on full pay	Leave on half pay
After 10 years	44 days	88 days

For each additional 10 years	109 days	218 days

(ii) After completion of the first ten (10) years of continuous service, long service leave will accrue at the rate of 10.9 days per year. This is accrued on a daily basis.

(b) Part-time employees

Part-time employees receive long service leave on a proportional basis based on the number of hours worked in relation to full-time hours. Part-time employees leave is calculated by the following formula:

Full-time entitlement to LSL x No of Part-time hours = LSL entitlement

No of Full-time hours

23.3 TAKING OF LEAVE

(a) Long service leave shall only be taken at a time convenient to the Employer.

(b) Employees shall give at least one (1) months notice of the date from which the leave is to commence.

23.4 ACCRUAL OF LEAVE

(a) Long service leave is fully accumulative.

(b) Long service leave accrues whilst employees are on any type of paid leave.

(i) an accredited delegate of the union contained in the DEFINITIONS clause of this Award; or

(ii) elected to a Committee of Management or Welfare and Emergency Fund Committee,

(iii) and who takes leave without pay to attend Union business will not lose any rights which accrue under this clause.

23.5 PRO RATA ENTITLEMENT

(a) Employees who have completed between five (5) and ten (10) years continuous service and whose services are terminated in the circumstances set out in (b) below, are entitled to payment of a proportional amount of long service leave on full pay calculated on the basis of three (3) months leave for fifteen years of service.

(b) Employees are entitled to payment of a proportional amount of long service leave where their services are terminated:

(i) by the Employer for any reason other than serious and wilful misconduct; or

(ii) by the employee because of illness, incapacity, domestic or other pressing necessity; or

(iii) due to the death of the employee; or

(iv) due to work not being available at the pay point to which the employee has been appointed and where the only alternative employment with the Employer is at a lower pay point; or

(c) Trade employees who have at least five (5) years continuous service on trade work, are entitled to payment of a proportional amount of long service leave where such employees choose to resign rather than accept non-trade work.

23.6 PAYMENT FOR LEAVE

Long service leave will be paid at the rate prescribed for the pay point most paid during the twelve months immediately prior to commencing such leave or ceasing duty in the Employer's service, but in any case at no less than the employee's substantive rate at time of taking leave.

24. SICK LEAVE

24.1 GENERAL

Sick leave is provided to employees who are unable to perform their duties because of genuine illness or incapacity. Sick leave should not be construed as a right to more leave.

24.2 AMOUNT OF LEAVE

(a) An employee may be granted up to 20 days sick leave on full pay in a sick leave year.

(b) A sick leave year is the 12 months from 1 December to 30 November.

(c) If an employee's services are terminated and they are subsequently re-employed in the same calendar year, the amount of sick leave credited to the employee on re-employment for that year will not exceed 20 days or the amount they would have been entitled to had their employment been continuous, whichever is the lesser.

(d) The unused amount of sick leave will be available in following sick leave years, i.e. sick leave is fully accumulative.

24.3 FIRST YEAR OF SERVICE

(a) During the first year of service an employee shall be credited with a proportional amount of sick leave based on the date employment commenced. For the first year of service, sick leave will be credited on the following basis:

(i) if service commences after 30th November and before 1st March 20 days sick leave

(ii) if service commences after last day February and before 1st June 15 days sick leave

(iii) if service commences after 31st May and before 1st September 10 days sick leave

(iv) if service commences after 31st August and before 1st December 5 days sick leave

24.4 PART-TIME EMPLOYEES

The amount of sick leave available is at a proportional rate based on the number of hours worked in relation to full-time hours. The amount of sick leave for a part-time employee is calculated by the following formula:

No of Part-time hours x full-time entitlement = sick leave for part-

No of Full-time hours (in hours) time employee

24.5 TERM EMPLOYEES

Term employees are entitled to sick leave on a pro rata basis.

24.6 CASUAL EMPLOYEES

Casual employees are not entitled to sick leave.

24.7 TAKING OF SICK LEAVE

(a) Subject to the satisfaction of the Employer, an employee may be granted sick leave to cover an absence where the employee is unable to perform their duties because of illness or incapacity which has not been caused by their own misconduct.

24.8 NOTICE OF ILLNESS

(a) An employee shall notify their supervisor of their inability to attend work due to illness or incapacity as soon as possible and, in any case, within 24 hours of the beginning of the absence. The employee must also advise their manager of the estimated length of the absence.

24.9 PROVISION OF MEDICAL CERTIFICATES

(a) A medical certificate must be supplied to the Employer for an absence of sick leave of four (4) or more consecutive days.

(b) An employee with less than 12 months' service who is absent on sick leave for any period, may be required by the Employer to submit a medical certificate to the Employer's doctor showing the nature of the illness.

(d) These provisions do not restrict the Employer from directing employees to provide medical certificates for any period of sick leave.

24.10 SUPPLEMENT TO WORKERS' COMPENSATION PAYMENTS

(a) An employee shall not be entitled to paid sick leave for any period where they are entitled to full workers' compensation payments.

(b) Where an employee is not in receipt of full workers' compensation payments and they have sick leave entitlements at the request of the employee, the Employer shall pay to that employee the difference between the workers' compensation payments and full pay. The employee's sick leave entitlements will be reduced by the appropriate amount. When sick leave entitlements have been exhausted, the workers' compensation payments only shall be payable.

24.11 PAYMENT FOR SICK LEAVE

(a) Sick leave shall be paid at the pay point most paid during the twelve (12) months immediately prior to commencing such leave or in any case not less than their substantive rate.

(b) Part-time employees will only be paid sick leave for the absences which occur during the hours they were scheduled to work.

24.12 ILLNESS WHILST ON RECREATION OR LONG SERVICE LEAVE

(a) Where employees who are eligible for sick leave produce a valid medical certificate that is acceptable to the Employer, stating they were sick whilst on recreation long service leave, they may be recredited with the recreation or long service leave for the period of illness.

(b) Any period of illness whilst on recreation leave may be converted to sick leave and the equivalent amount of recreation leave recredited to the employee.

(c) In the case of long service leave, the illness must be of at least five (5) consecutive working days before the long service leave may be converted to sick leave.

(d) If an employee takes sick leave whilst on recreation or long service leave, the amount of sick leave taken will be deducted from the employee's sick leave entitlement.

(e) The Employer's doctor must approve all applications to convert recreation leave or long service leave to sick leave.

24.13 ACCIDENT PAY

Refer to the Workers’ Compensation Act 1987.

25. PERSONAL/CARER’S LEAVE

25.1 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), 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 24 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 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.

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

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

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

25.2 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 (1) who is ill.

25.3 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 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.

25.4 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.

25.5 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.

25.6 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.

26. BEREAVEMENT LEAVE

(i) An employee, other than a casual employee, shall be entitled to up to three days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in paragraph (iii) of this subclause. An employee, other than a casual employee, shall be entitled to up to five days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in paragraph (iii) of this subclause, where such employee travels outside of Australia to attend the funeral.

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

(iii) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of Clause 25, PERSONAL/ CARER’S LEAVE, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

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

(v) Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5), and (6) of the said Clause 25. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

27. MATERNITY LEAVE

27.1 GENERAL

(a) All female employees (excluding casuals) will be entitled to unpaid maternity leave when their leave application is accompanied by a medical certificate verifying their pregnancy and expected date of birth.

(b) Employees eligible for maternity leave will be entitled to unpaid maternity leave of up to twelve (12) months after the actual date of birth of the child.

(d) Employees must give four (4) weeks written notice of the commencement date and the amount of leave sought.

(e) Employees must confirm in writing, their intention to return to work at least four (4) weeks prior to the date of return.

(f) Employees must take at least six (6) weeks compulsory leave immediately after the birth of the child.

(g) The twelve (12) month maternity leave entitlement available after the birth of a child may be taken as follows:

(i) full-time, for up to a maximum of twelve (12) months, from the child's date of birth; or

(ii) part-time, up to a maximum of two (2) years, from the child's date of birth; or

(iii) a combination of full-time and part-time leave, provided that no more than twelve months' (full time equivalent unpaid) maternity leave on a full-time basis is taken and that the balance taken part-time will conclude before the child's second birthday. The total amount of maternity leave will conclude prior to the child's second birthday.

(h) The Employer retains the right to require an employee to commence maternity leave at any time within the six (6) week period before the expected date of birth. In this situation, the Employer must give the employee two (2) weeks' notice.

(i) An employee's paid recreation leave or long service leave entitlements may be taken instead of, or in addition to, unpaid maternity leave.

27.2 PAID MATERNITY LEAVE

(a) General

(i) For the purposes of this clause "weeks" shall mean calendar weeks.

(ii) Paid maternity leave is available to all female employees (excluding casuals) who have completed forty (40) weeks' continuous service (as recognised by the Employer) prior to the birth.

(iii) Paid maternity leave can commence anytime from nine (9) weeks prior to the expected date of birth.

Paid maternity leave must be taken in a continuous block.

(iv) Where there has been a break in service, ie the employee has left the organisation and later been re-employed, another forty (40) weeks' continuous service must be completed in order to qualify for paid maternity leave.

(v) Unless there has been a break in service as described in (iv) above an employee who has met the conditions for paid maternity leave once, will not be required to again work the forty (40) weeks' continuous service in order to qualify for another period of paid maternity leave.

(vi) Periods of leave without pay do not constitute a break in the continuity of service. However, the period of leave without pay is not included in determining the initial forty (40) weeks.

(b) Full-time Employees

(i) Full-time employees who have completed forty (40) weeks' continuous service prior to the expected date of birth are eligible for nine (9) weeks' leave on full pay or eighteen (18) weeks leave on half pay.

(ii) Paid maternity leave can commence anytime from nine (9) weeks before the expected date of birth, up to the actual date of birth, or in the period following confinement.

(iii) Paid maternity leave is not available any earlier than nine (9) weeks before the expected date of birth.

(iv) Leave can be paid as follows:

(1) as a lump sum in advance; or

(2) on a normal pay basis at either full pay or half pay; or

(3) in a combination of full and half pay.

(v) Full-time employees who complete at least forty (40) weeks' continuous service and then transfer to part-time work arrangements immediately before taking maternity leave will be paid at their full-time rate.

(vi) If the period of part-time employment immediately before maternity leave is 40 weeks or more, the employee will be paid as a part-time employee, at the pro rata rate. A full 40 week period determines the employment status of an employee for purposes of paid maternity leave entitlements.

(vii) Full-time employees who fall pregnant during a period of part-time maternity leave, will be paid their maternity leave at the full-time rate.

(i) Part-time employees who have completed forty (40) weeks of service prior to the expected date of birth, will be eligible for paid maternity leave.

(ii) Part-time employees are eligible for nine (9) weeks leave at their usual rate of pay or eighteen (18) weeks leave at half their usual rate of pay.

For the purposes of this clause "usual rate of pay" will mean the amount paid for their contracted hours.

(iii) Paid maternity leave is not available any earlier than nine (9) weeks before the expected date of birth.

(iv) Leave can be paid as follows:

(1) as a lump sum in advance; or

(2) on a normal pay basis at their appointed pay point or half their appointed pay point rate of pay; or

(3) a combination of (2) above.

27.3 PREMATURE BIRTH

If an employee gives birth prematurely and this occurs before she was to commence her maternity leave, she will be regarded as immediately on maternity leave from the date she takes leave to give birth.

27.4 MISCARRIAGE, STILL BIRTH, OR DEATH OF NEW BORN

(a) Definitions

(i) A miscarriage refers to the loss of an unborn child during the first twenty (20) weeks of the pregnancy.

(ii) A still birth refers to a birth whereby the child is born dead and the death occurs after the first twenty (20) weeks of the pregnancy.

(b) In the event of a still birth occurring within nine (9) weeks of the expected date of confinement, an employee eligible for nine (9) weeks paid maternity leave will still be entitled to this leave. A medical certificate must be presented.

(c) If the miscarriage or still birth occurs before this time, the employee will be entitled to take sick leave for the period a doctor recommends as necessary.

(d) Where an employee chooses not to take paid sick leave, she will be entitled to unpaid "special maternity leave" for the period a doctor deems necessary.

(e) If the newborn child dies while the employee is on paid maternity leave, the entitlement remains.

27.5 RIGHT OF RETURN TO FORMER POSITION

(a) Provided an employee returns to work within twelve (12) calender months of giving birth, she will be entitled to return to her former position, including one which is redesigned during the maternity leave period.

(b) If the former position has been abolished, the employee shall be transferred to a position at the same level of responsibility and pay and, where practicable, in the former location.

(c) If the former position has been relocated, an employee has a right to return to her former position in the new location.

(d) In cases where an employee had been temporarily transferred to a "safe" job during her pregnancy, "former position" will mean the position occupied by the employee before the transfer.

27.6 SICK LEAVE

(a) If, because of an illness associated with her pregnancy, an employee is unable to continue to work, then she may elect to take any available paid leave (sick, recreation or long service leave) or to take sick leave without pay.

(b) Where an employee not yet on maternity leave suffers illness related to her pregnancy, and she has already exhausted her paid sick leave credits, she may take further unpaid leave for the duration her doctor certifies as necessary. This leave will be known as special maternity leave.

27.7 TEMPORARY TRANSFER TO A "SAFE" JOB

(a) If, because of an illness or risk associated with the pregnancy, an employee cannot carry out the essential duties of their position, the employee will be temporarily transferred to a more suitable position.

The position will be as close as possible in status and pay to the substantive position.

(b) If there is no "safe" job available, the employee may, or the Employer may require the employee to, take leave for the period certified as necessary by a doctor. Such leave is to be treated as maternity leave for these purposes.

27.8 VARIABLE WORKING HOURS

Subject to the consent of their manager and based on the demands of the business, pregnant employees will be allowed staggered starting and finishing times. They will however, be expected to work the normal weekly hours for which they are employed.

27.9 VARIATION OF MATERNITY LEAVE

(a) Provided that the total period of maternity leave does not exceed the maximum leave available under 1(b), the employee may:

(i) apply in writing, giving fourteen (14) days notice, to extend the period of maternity leave.

This can only be done once.

(ii) The period may only be further lengthened by agreement between the employee and the Employer.

(b) The period of maternity leave may, with the consent of the manager, be shortened provided that the employee gives fourteen (14) days notice.

27.10 EFFECT OF MATERNITY LEAVE ON ALL TYPES OF LEAVE

(a) Maternity leave at full pay will count as service for the purposes of calculating all types of leave entitlements.

(b) Paid maternity leave will count as service for the purposes of calculating all types of leave entitlements.

(c) Part-time maternity leave will also count as service on a pro-rata basis for the purposes of calculating recreation leave.

(d) Although unpaid maternity leave does not count as service for the purposes of calculating leave entitlements, it will not mean a break in the continuity of an employee's service.

28. ADOPTION LEAVE

28.1 GENERAL

(a) Employees will be entitled to unpaid adoption leave from the date of placement of their child, when documentary evidence from either the adoption agency or government authority certifying the intended adoption is supplied with the application for adoption leave.

(b) Employees who seek leave for an extended period when adopting a child under school age, may be granted unpaid leave of absence for up to twelve (12) months from the date of placement of the child. Leave may be taken as follows:

(i) on a full-time basis, up to twelve (12) months from the date of placement of the child; or

(ii) on a part-time basis, up to a maximum of two (2) years from the date of placement of the child; or

(iii) a combination of full-time and part-time leave, whereby, no more than twelve (12) months' adoption leave on a full-time basis is taken and the balance taken part-time will conclude before the second anniversary of the child being placed.

(c) Employees must notify in writing, within fourteen (14) days of the expected date of placement, or where not practicable, as soon as they are aware of the date, their intention to take short adoption up to 3 weeks leave and the expected date of commencement of such leave.

(d) Employees must give at least ten (10) weeks notice (or where not practicable, as soon as they are aware) in writing of the proposed date of commencing unpaid adoption leave.

(e) During an employee's absence on unpaid adoption leave, paid sick leave will not be available.

(f) Recreation leave or long service leave may be taken in conjunction with, or in lieu of, unpaid adoption leave. In these circumstances, if the employee's return to work is more than twelve (12) months after the adoption of the child, the right to return to their former position is no longer guaranteed.

(g) Special leave may be granted to an employee for the purposes of attending any compulsory interviews necessary during the adoption process.

Appropriate documentation will need to be provided to certify that the absence is for this purpose.

(h) Branch Managers may approve unpaid adoption leave of older children (school age), where they consider special circumstances justify the granting of such leave.

28.2 PAID ADOPTION LEAVE

(a) General

(i) Paid adoption leave is available to employees who have completed forty (40) weeks' continuous service as recognised by the Employer, prior to the child being placed in their care. For the purposes of this clause "week" shall mean calendar week.

(ii) Paid adoption leave can commence from the date the child is placed in the employee's care.

(iii) When there has been a break in service whereby the employee has left the organisation and later been re-employed, another forty (40) weeks' continuous service must be completed in order to qualify for paid adoption leave.

(iv) Unless there has been a break in service as described above, a employee who has met the conditions for paid adoption leave once, will not be required to again work the forty (40) weeks' continuous service in order to qualify for further periods of paid adoption leave.

(v) Periods of leave without pay do not constitute a break in the continuity of service. However, the period of leave without pay is not included in determining the forty (40) weeks.

(b) Full-time Employees

(i) The following paid adoption leave entitlements are applicable to employees:

(1) If the child is aged 1-5 years old, the maximum entitlements available are either:

- three (3) weeks at full pay; or

- six (6) weeks at half pay

commencing from the date of placement of the child.

Leave can be paid as follows:

- as a lump sum in advance

- at their normal pay point at either full pay or half pay; or

- in a combination of full and half pay.

(2) Where the employee is the primary care giver and the child is less than twelve months old, the maximum entitlements available are either:

- nine (9) weeks at full pay; or

- eighteen (18) weeks at half pay

commencing from the date of placement of the child.

Leave can be paid as follows:

- as a lump sum in advance

- at their normal pay point at either full pay or half pay; or

- in a combination of full and half pay.

(ii) Full-time employees who complete at least forty (40) weeks' continuous service and then transfer to part-time employment immediately before taking adoption leave, will be paid at their equivalent full-time rate.

(iii) If the period of part-time employment immediately before adoption leave is 40 weeks or more, the employee will be paid as a part-time employee.

(i) Part-time employees who have completed forty (40) calendar weeks' of service prior to the date of placement of the child, will be eligible for paid adoption leave at their part-time rate of pay.

(ii) The following paid adoption leave entitlements are applicable to part-time employees:

(1) If the child is aged 1-5:

- three (3) weeks at their usual rate of pay; or

- six (6) weeks at half their usual rate of pay

commencing from the date of placement of the child.

For the purposes of this clause "usual rate of pay" will mean the amount paid for the contracted hours.

(2) Where the employee is the primary care giver and the child is less than twelve months old:

- nine (9) weeks at their usual rate of pay; or

- eighteen (18) weeks at half their usual rate of pay

commencing from the date of placement of the child.

(iii) Leave can be paid as follows:

- as a lump sum in advance; or

- on a normal pay basis at the employees usual rate of pay or half their usual rate; or

- in a combination of both usual and half usual pay.

28.3 RIGHT OF RETURN TO FORMER POSITION

(a) Provided an employee returns to work within twelve calendar (12) months of placement of their child, they will be entitled to return to their former position, including one which is redesigned during the adoption leave period.

(b) If the employee's former position has been abolished they will be transferred to a position of the same level of responsibility and pay, and where possible, in the former location.

28.4 VARIATION OF ADOPTION LEAVE

(a) Provided that the total period of adoption leave does not exceed the maximum leave available under 1(b) the employee may:

(i) apply in writing, giving fourteen (14) days notice, to extend the period of adoption leave.

This can only be done once.

(ii) The period may only be further lengthened by agreement between the employee and the Employer.

(b) The period of adoption leave may, with the consent of the manager, be shortened provided the employee gives fourteen (14) days notice.

28.5 EFFECT OF ADOPTION LEAVE ON OTHER LEAVE ENTITLEMENTS

(a) Paid adoption leave will count as service for the purposes of calculating all leave entitlements.

(b) Adoption leave at half pay will count as service on a pro-rata basis for the purposes of calculating all leave entitlements.

(c) Although unpaid adoption leave will not count as service for the purposes of calculating any leave entitlements, it will not mean a break in the continuity of an employee's service.

29. PATERNITY LEAVE

29.1 GENERAL

(a) Employees will be eligible for paternity leave when their leave application is accompanied by a medical certificate verifying their partner's pregnancy and expected date of birth.

(b) Employees eligible for paternity leave will be entitled to a maximum of 12 months' unpaid paternity leave, following the birth of their child.

(c) Employees must give the Employer at least ten (10) weeks written notice of the expected date of birth of their child.

(d) Employees must give four (4) weeks written notice of the commencement date and the amount of leave sought.

(e) Employees must confirm in writing their intention to return to work at least four (4) weeks prior to the date of return.

(f) The leave can be taken as follows:

(i) an unbroken period of up to one week at the time of the child's birth, and

(ii) a further unbroken period of up to 51 weeks, or on a part-time basis up to the child's second birthday.

(g) The maximum entitlements available under this provision are as follows:

(i) on a full-time basis up to 12 months, from the child's date of birth; or

(ii) on a part-time basis up to a maximum of two (2) years from the child's date of birth; or

(iii) a combination of full-time and part-time leave, provided that no more than 12 months' paternity leave on a full-time basis is taken, and that the balance taken part-time will conclude before the child's second birthday.

(h) Recreation leave or long service leave may be taken instead of, or in addition to, paternity leave.

(i) During an employee's absence on paternity leave, paid sick leave will not be available.

29.2 PREMATURE BIRTH

In the event that an employee's partner gives birth prematurely, the employee will be able to commence his paternity leave from an earlier date.

29.3 STILL BIRTH

A male employee is entitled to up to one (1) week's unpaid paternity leave in the event of a still birth occurring during the period nine (9) weeks before his partner's expected date of birth.

29.4 RIGHT OF RETURN TO FORMER POSITION

(a) Provided an employee returns to work within 12 calendar months of his partner giving birth, he will be entitled to return to his former position, including one which is redesigned during the paternity leave period.

(b) If the employee's former position has been abolished, he will be transferred to a position of the same level of responsibility and pay, and where possible, in the former location.

29.5 EFFECT OF PATERNITY LEAVE ON OTHER LEAVE ENTITLEMENTS'

(a) Although unpaid paternity leave does not count as service for the purposes of calculating leave entitlement, it will not constitute a break in the continuity of an employee's service.

(b) Part-time paternity leave will count as service on a pro rata basis for the purposes of calculating all types of leave entitlements.

30. TRADE UNION TRAINING LEAVE

GENERAL

Employees may be granted leave to attend training courses or seminars conducted or supported by the Trade Union Training Authority (TUTA).

30.2 ENTITLEMENT

(a) Full-time Employees

(i) Full-time employees may be granted up to 12 days leave on full pay in a two (2) year period to attend training courses or seminars conducted or supported by TUTA.

(ii) Further leave, on a without pay basis, of 15 days in any one (1) year period, may be granted where the trade union course is acceptable to both the Employer and the Union.

(b) Part-time Employees

(i) Part-time employees may be granted a proportional amount of TUTA leave to attend training courses and seminars conducted or supported by TUTA.

(ii) The maximum amount of leave on full pay available in a two (2) year period is based on the number of part-time hours in relation to the number of full-time hours and calculated by the following formula:

No of part-time hours x 12 = maximum amount of TUTA

No of full-time hours leave in a two (2) year period

(iii) Further leave, on a without pay basis, may be granted on a proportional basis, where the trade union course is acceptable to both the Employer and the Union. The amount of extra leave available will be calculated by the following formula:

No of part-time hours x 15 = amount of leave without pay

No of full-time hours

Term employees receive TUTA leave on a pro rata basis.

(d) Casual Employees

Casual employees are not entitled to TUTA leave.

(e) General

(i) Employees must have been nominated by the recognised union of which they are a member to attend a training course or seminar conducted or supported by TUTA to apply for TUTA leave.

(ii) The two (2) year and one (1) year periods will be the time immediately preceding the commencement date of the TUTA leave requested.

(iii) TUTA leave (including leave without pay) will count as service for all purposes.

(iv) The amount of leave requested can include reasonable travelling time required during working hours to attend the course or seminar.

30.3 TAKING OF LEAVE

(a) TUTA leave will be granted providing that the Employer's operating requirements permit the taking of the leave and that the absence does not require the employment of relief staff.

(b) An application must be supported by a statement from the relevant union that it has nominated the employee concerned for the course or seminar, or supports their application to attend the course/seminar.

30.4 PAYMENT FOR LEAVE

(a) Employees will be paid for their leave at their pay point most paid during the twelve (12) months immediately prior to taking the leave but in any case a rate no less than the employees substantive rate at the time of taking leave. Payment will not include shift allowance, penalty rates or overtime.

(b) Expenses associated with attending a course or seminar (eg fares, accommodation, meals, etc.) will be met by the employee.

31. SPECIAL LEAVE

31.1 SPECIAL SHORT LEAVE

(a) Special short leave on full pay is provided to employees who are absent because of an urgent and unforeseen personal emergency other than an illness in the family.

(b) Employees may be entitled to two (2) days paid leave for any one occurrence.

(c) Leave will generally be limited to one (1) day unless it is not possible for the employee to make satisfactory arrangements in that time.

31.2 EMERGENCY SERVICES LEAVE

(a) Fire fighting

(i) An employee who undertakes fire fighting duties during an emergency in terms of section 44 of the Rural Fires Act 1997, may be granted leave on full pay for the time they are absent for work on emergency fire fighting duties.

(ii) An employee who is a unpaid volunteer member of a local Fire Brigade or Rural Fire Brigade, may be granted leave on full pay up to a maximum of five (5) days per annum. This leave is to cover necessary absences from duty when the employee is called upon to fight fires during their normal working hours.

(b) Emergency Operations

An employee who volunteers to assist the State Emergency Services, N.S.W. Police or Rural Fire brigades during emergency operations, is to be granted leave on full pay whilst engaged in these activities during normal working hours. The employee must be released from duty for this purpose by an authorised employee. Where an employee remains on emergency duty for several days, and the headquarters to which they are attached operates on a 24 hour a day basis, the employee may be allowed reasonable time for rest in cases where physical distress was experienced, before returning to work.

Applications for leave for fire fighting and emergency operations must be supported by evidence of participation with the relevant emergency service authority. Applications for rest periods must also be supported.

(d) Emergency Services Courses

Employees selected to attend courses, training or lectures nominated by the Director State Emergency Services Controllers are to be granted special leave on full pay for the time they are necessarily absent from duty.

31.3 NATIONAL ABORIGINES DAY

Subject to Employer's convenience, Aboriginal employees may be granted up to one day's special leave per annum to participate in National Aborigines Day celebrations.

31.4 NATURALISATION CEREMONIES

An employee who desires to be naturalised may be granted special leave for the minimum time necessary to enable them to prepare for and attend the ceremony.

31.5 EMPLOYEES HOLDING OFFICE IN LOCAL GOVERNMENT

(a) Employees who hold the Office of Mayor of a municipality, President of a shire or Chairperson of a county council may be granted up to ten (10) days paid leave per year.

(b) Employees holding office in local government (other than those mentioned above) may be granted up to two and one half days leave in each 12 month period; or upon completion of 12 months service, five (5) days leave in any two (2) year period.

(c) This leave is to be used for the purposes of attending meeting and conferences, etc, or performing other council duties which require the employee to be absent from work.

(d) If the special leave entitlement outlined above is insufficient, the employees may be granted leave of absence on the basis of time being made up, leave without pay or the deduction from other leave due.

31.6 ENGLISH LANGUAGE TUITION LEAVE

(a) The Employer shall grant employees, of non-English speaking background who are unable to adequately communicate in the English language, time off without loss of pay during normal working hours to attend English language classes conducted by the Employer or any other recognised statutory authority.

For the purpose of this paragraph "other recognised statutory authority" shall include the Adult Migrant Education Service

(b) The type, duration and extent of such courses shall be as developed in consultation with the Adult Migration Education Service or other recognised authority.

31.7 BLOOD DONOR'S LEAVE

(a) Employees who are volunteer blood donors or who are called upon to donate blood on working days shall be allowed leave with pay to attend the Blood Bank.

(b) Employees will be allowed leave with pay to cover reasonable travelling time to and from the Blood Bank plus one (1) hour.

31.8 PAYMENT FOR LEAVE

Employees will be paid for the above leave at their pay point most paid for the twelve (12) months immediately prior to taking the leave, but in any case at a rate no less than the employee's substantive rate at the time of taking leave.

32. MILITARY LEAVE

32.1 ENTITLEMENT

Employees with a minimum of six months' continuous service who are members of the Naval, Military or Air Force Reserves and whose military service is part-time will be entitled to Military Leave on the following basis:

(a) In respect of annual training where the employee is a member of the:

Naval Forces - 13 Calendar days on full pay per year

Military Forces 14 Calendar days on full pay per year

Air Forces 16 Calendar days on full pay per year

PLUS IF REQUIRED

(b) In respect of attendance at a school, class or course of instruction where the employee is a member of the:

Naval Forces - another 13 Calendar days on full pay per year

Military Forces another 14 Calendar days on full pay per year

Air Forces another 16 Calendar days on full pay per year

PLUS

(c) In cases where the employee's Commanding Officer certifies in writing that it is necessary for that employee to attend for purposes of obligatory training on days additional to those specified in paragraphs (a) and (b) of this sub clause, the employee shall be granted a further period of Military Leave on full pay not exceeding four calendar days in any one year.

(d) The terms "Annual Training", "School, Class or Course of Instruction" and "Obligatory Training" shall be regarded as synonymous for the purpose of determining a employee's entitlement to paid leave.

32.2 MEDICAL EXAMINATIONS

Employees required to attend medical examinations and tests for acceptance as part-time members of the Defence Force Reserves during working hours, may be granted up to one day's Special Short Leave for the time necessary, subject to production of evidence.

32.3 GENERAL

(a) If an employee is required to be absent for military purposes for periods in excess of those provided for above, the employee will need to cover the absence with another type of leave (eg. recreation leave or leave without pay).

(b) Public Holidays occurring during periods of Military Leave will form part of such leave and will not extend the period of paid Military Leave.

(c) For the purpose of this clause, the year shall be from the 1st December in one year to 30th November of the following year.

33. JURY SERVICE LEAVE

33.1 ENTITLEMENT

(a) Employees (other than casual employees) shall be granted special leave on full pay to attend court for jury service upon notification to an authorised employee. Full-time employees and part-time employees will be granted special leave for jury service if they are required on a day(s) they are scheduled to work.

(b) The amount of leave is dependant upon the length of the case.

(i) the jury service must fall at a time when the employee would otherwise be on duty;

(ii) the employee must not accept jury fees (except travelling and out-of-pocket allowances) for the period of special leave; and

(iii) the employee must provide a certificate from the Sheriff or Registrar of the Court certifying that there has been no payment for jury fees; or

(iv) the employee must repay to the Employer all fees received, other than travelling and out-of-pocket allowances.

(d) Special leave for jury service is not available if:-

(i) the jury service falls during a period of approved absence such as recreation leave, long service leave, roster days, etc.; or

(ii) an application for special leave is lodged without the Sheriff's or Registrar's certificate as to non-payment of fees or the fees have not been repaid to the Employer.

33.2 PAYMENT FOR LEAVE

Employees will be paid at their pay point most paid for the twelve (12) months immediately prior to taking the leave, but in any case at a rate no less than the employee's substantive rate at the time of taking leave.

33.3 ACCEPTANCE OF FEES FOR JURY SERVICE

(a) An employee cannot accept fees for jury service if they have been granted special leave.

(b) The Sheriff's Office or the Registrar of the Court will provide a certificate stating the employee did not accept fees. The employee must supply this certificate to an authorised employee on their return to work.

(c) If the employee is granted special leave and accepted fees, those fees must be repaid to the Employer on the employee's return to work.

(d) The fees may be retained by the employee if they elect to take recreation leave, roster days etc. for the period of jury service instead of special leave.

34. FARES

34.1 DEFINITIONS

(a) For the purpose of this clause

(i) "Recognised office or depot" will mean all premises occupied by the Employer other than temporary construction site accommodation erected on a construction site for the exclusive use of a construction workforce.

(ii) "Sent temporarily to work away" will mean where employees are required to report to another work location other than their recognised office or depot for a specified period which does not contemplate a permanent placement.

(iii) "Follow-the-job" will mean where employees are required to work at other than a recognised office or depot and Employer's transport is not supplied (and who do not have a recognised office or depot).

(iv) "Home" shall mean the place to which the employee returns and sleeps each night whilst employed on a particular job to and from which they are required to travel.

34.2 ENTITLEMENT

(a) Employees who go regularly to work at a recognised office or depot will bear the cost of travelling to and from their work.

34.3 FOLLOW-THE-JOB

(a) Employees who follow the job as defined, will be reimbursed fares between home and place of work as follows:

(i) fares actually incurred in using public transport; or

(ii) where an employee does not use public transport they will receive an allowance equal to the fares they would have paid if public transport had been used.

(b) (i) Where employees follow the job as defined and the Employer is satisfied that public transport is not available and the employee is not provided with transport by the Employer and is required to drive their own vehicle, payment in accordance with the following scale will be made:

Where the employee's home is: Per Day

More than 3 but not more than 10 km $ 3.55

More than 10 but not more than 20 km $ 7.29

More than 20 but not more than 30 km $10.95

More than 30 but not more than 40 km $14.60

More than 40 but not more than 50 km $18.15

More than 50 but not more than 60 km $21.81

Over 60 km $25.45

(ii) The route the employee is to travel will be determined by the Employer and distances calculated will only be in respect of any journey, or part of that journey, that is within the Sydney Water area of operations.

iii) Fares will not be payable in the following instances;

(1) Employees covered by the CAMPING clause and the TRAVELLING EXPENSES ON JOURNEYS EXTENDING OVER ONE DAY clause of this Award.

(2) Employees receiving payment under sub-clause 4 Use of Private Motor Vehicle (below) or Clause 35 of this Award.

34.4 USE OF PRIVATE MOTOR VEHICLE

(a) Tradespeople (other than employees of the Field Operations business and all electrical and mechanical tradespeople engaged on installation work) and their assistants are entitled to a Motor Vehicle allowance of 56 cents per kilometre where:-

(i) the Employer is satisfied that public transport is not available or is impracticable or inappropriate to use; and

(ii) they are required by the Employer to drive their own vehicles for travelling to and from their home to field work locations.

(b) When calculating the amount payable, the distance between the employee's home and recognised depot and return will be deducted from the kilometres travelled. This sub-clause will not apply to employees who were in the employment of the Employer as at 26 June 1994.

(i) if they are in receipt of payments in accordance with the fares provisions above; or

(ii) if they are covered by the camping and overnight journeys provisions; or

(iii) if they have been provided with a Employer vehicle.

34.5 SENT TEMPORARILY TO WORK AWAY

(a) Employees temporarily sent to work away from their recognised office or depot and not required to report to such office or depot before commencing or ceasing work will be reimbursed the difference between the cost of a ticket to their recognised office or depot and any additional out-of-pocket daily fares incurred.

(b) Employees required to travel away from their recognised office or depot and return again during the course of their duties will be reimbursed any necessary out-of-pocket expenses incurred.

35. FARES & TRAVELLING TIME ELECTRICAL TRADESPEOPLE

35.1 ENTITLEMENT

(a) Electrical tradespeople who are required to drive a vehicle provided by the employer, and start and finish in the field within a defined geographical area, will be paid a travelling time allowance of $62.60 per week or $12.51 per day as provided in sub clause 35.2 Application of this clause.

(b) Electrical tradespeople engaged on installation work who are required to;

(i) work within a 50km radius of the Sydney GPO (or where appropriate the Central Post Office of the nearest regional centre), and

(ii) change geographic areas frequently to meet the needs of the job, and

(iii) are required to start and finish at field work locations at usual starting and finishing times, and

(iv) are required to drive a vehicle provided by the employer

will be paid a travelling time allowance of $104.33 per week or $20.86 per day as provided in sub clause 35.2 Application, of this clause.

In addition to the allowance provided in paragraph (b), electrical tradespeople engaged on installation work who are required to start and/or finish on a job outside the 50km radius at usual starting or finishing times will be paid for all travelling time in excess of one and a half (1 1/2) hours for each journey to and from the job to their usual place of residence. Payment will be made at single time rates.

(c) Electrical tradespeople who are required to start and finish at field work locations and who are required to drive their own private vehicle will be paid a fares and travelling allowance in accordance with the following scale:

One Way Journey

Up to 25km $78.24 per week or $15.64 per day

26km to 40km $104.33 per week or $20.86 per day

41km and over $130.41 per week or $26.07 per day

The above allowance will be paid as provided in sub clause 35.2 Application, of this clause.

35.2 APPLICATION

(a) The allowances provided within this clause are to be paid as a weekly allowance (covering seven days) except

(i) Where an employee is absent from work for more than one day in any week (excluding weekends and public holidays) or

(ii) Where in any week the employee is on Recreation Leave, Long Service Leave or Unpaid Leave.

(b) Where the weekly allowance is not payable under paragraph (a) above payment will revert to the daily allowance and will only be paid for days worked up to a maximum amount equal to the weekly allowance.

(c) The daily allowance is not payable on days where the only work performed is as a result of a call- out and the employee is paid overtime from the time the employee leaves home to attend the call-out until they return home in accordance with Clause 18 (d) of this Award.

36. FARES & TRAVELLING TIME MECHANICAL TRADESPEOPLE

36.1 ENTITLEMENT

(a) Mechanical tradespeople engaged on installation work who are required to:

(i) work within a 50km radius of the Sydney GPO (or where appropriate the Central Post Office of the nearest regional centre); and

(ii) Change geographic areas frequently to meet the needs of the job; and

(iii) Start and finish at field work locations at usual starting and finishing times; and

(iv) Drive a vehicle provided by the employer;

Will be paid a travelling time allowance of $104.33 per week or $20.86 per day as provided in subclause 36.2, Application of this clause.

In addition tot he allowance provided above, mechanical tradespeople engaged on installation work who are required to start and/or finish on a job outside the 50km radius at usual starting or finishing times will be paid for all travelling time in excess of one and a half (1 ½) hours for each journey to and from the job to their usual place of residence. Payment will be made at single time rates.

(b) Mechanical tradespeople engaged on installation work who are required to start and finish at field work locations and who are required to drive their own private vehicle will be paid a fares and travelling allowance in accordance with the following scale:

One Way Journey -

Up to 25km $78.24 per week or $15.64 per day

26km to 40km $104.33 per week or $20.86 per day

41km and over $130.41 per week or $26.07 per day

The above allowance will be paid as provided in sub clause 32b.2 Application, of this clause.

36.2 APPLICATION

(a) The allowances provided within this clause are to be paid as a weekly allowance (covering seven days) except:

(i) where an employee is absent from work for more than one day in any week (excluding weekends and public holidays); or

(ii) where in any week the employee is on Recreation Leave, Long Service Leave or Unpaid Leave.

(c) The daily allowance is not payable on days where the only work performed is as a result of a call-out and the employee is paid overtime from the time the employees leaves home to attend the call-out until they return home in accordance with clause 18 (d) of this award.

37. TRAVELLING TIME

37.1 DEFINITIONS

For the purpose of this clause:

(ii) "District" or "Regions" will mean geographical or operational boundaries determined by the Employer from time to time.

(iii) "Sent temporarily to work away" will mean where employees are required to report to another work location for a specified period which does not contemplate a permanent placement.

37.2 ENTITLEMENT

(a) Payment at single rates will be made for all travelling time in excess of one (1) journey to and from work on a working day and outside the employee's usual working hours.

(b) Employees sent temporarily to work away from their recognised office, depot, district or region and required to travel outside ordinary hours, will be entitled to payment for:

(i) the time occupied in travelling to and from the job in excess of one (1) hour for each journey; or

(ii) travelling time in excess of the time normally spent in travelling between their home and recognised office, depot, district or region if the normal journey is in excess of one (1) hour each way.

Payment will be made at single time rates.

(c) An employee will not be considered to have a recognised office, depot, district or region unless specifically attached thereto for a period of one (1) month.

(d) Travelling time under this clause will not apply to an employee in receipt of expenses or payments as provided in the TRAVELLING EXPENSES ON JOURNEYS EXTENDING OVER ONE DAY Clause of this Award.

(e) Employees whose ordinary hours of work are 38 hours per week and who are required to drive Employer's vehicles will be paid ordinary rates for all time in excess of one (1) hour for each journey outside normal working hours other than journeys between their homes and recognised office, depot, district or region as the case may be and return. Such payments will not count towards the calculation and payment of overtime or for payment of meals.

(f) Travelling Time under this clause will not apply to electrical tradespeople paid in accordance with Clause 35, Fares and Travelling Time, Electrical Tradesperson of this Award and mechanical tradespeople engaged on installation work paid in accordance with clause 36, Fares and Travelling Time Mechanical Tradesperson on Installation Work, of this Award.

38. MEAL ALLOWANCES

An employee required to perform duty after and in excess of their usual hours, shall be paid meal allowances on the following basis:

(a) On completion of:

(i) One and one half hours work after the employee's usual ceasing time,

Monday to Friday inclusive $18.78

For each further four (4) hours worked $3.96

(ii) Not less than three hours on a Saturday, Sunday or holiday, extending

beyond 1.00 p.m. or 6.00 p.m. $18.78

For each further four (4) hours worked $3.96

(b) When required to commence duty at or before 6.00 a.m. Monday-Friday inclusive, which time is at least one hour before their usual starting time $9.80

This shall not apply to employees whose hours have been varied in accordance with the HOURS OF WORK Clause of this Award.

(i) Monday to Friday inclusive upon the completion of the first four hours

of overtime worked $18.78

(ii) For each further four (4) hours worked $3.96

(iii) Except as provided in (i) and (ii) above and works a minimum of three

(3) hours overtime which extends beyond 7.00 a.m. $9.80

This allowance will not be paid where the employee is in receipt of payments under the TRAVELLING EXPENSES ON JOURNEYS EXTENDING OVER ONE DAY Clause of this Award.

39. FIRE FIGHTING ALLOWANCE

An employee engaged in fire fighting on behalf of the Employer shall be paid an allowance of $1.14 per hour, whilst so engaged, in addition to their substantive rate.

40. FIRST AID ALLOWANCE

(a) Previous wages employees who hold a first aid certificate and are nominated by the Employer to carry out first aid duties will be paid an allowance of $1.82 per day in addition to their ordinary rate of pay.

(b) This allowance shall not be paid during periods of leave or on public holidays or where the job contemplates the need for a first aid certificate.

41. REMOVAL EXPENSES

(a) An employee required by the Employer to live in a specified locality, who is subsequently transferred to another locality, shall be entitled to reasonable removal expenses, unless such transfer is on account of misconduct.

(b) The employee must obtain three quotations of the cost of removal, and will be reimbursed on the basis of the lowest quotation.

42. SAUNA BATHING ALLOWANCE

(a) Any employee who comes into contact with sewage to the extent that it attaches to their clothing and person, shall be entitled to a sauna bathing allowance calculated as below, provided that such allowance shall not be payable when the Employer provides sauna bathing facilities of an approved design:

(i) Where contact as defined is on a regular basis, ie three (3) days or more per

week $5.43 per week

(ii) Where contact as defined is on an irregular basis, ie less than three (3) days per

week $2.61 per week

43 VEHICLE EQUIPMENT ALLOWANCES

Employees driving vehicles:

(a) with single axle semi-trailer, float, jinker or trailer attached will be paid $4.48 per day extra;

(b) with dual axle semi-trailer, low loader, float, jinker or dog trailer (ie fully drawn trailer wholly supported on its own four wheels, such as certain compressors, etc) attached will be paid $5.95 per day extra;

(c) with a semi-trailer, low loader, float or jinker fitted with more than 2 axles attached will be paid $6.98 per day extra.

44. GARAGE ALLOWANCE

(a) An employee required to drive and garage a Employer's car will be paid an allowance at the rate of $5.10 per week in addition to their ordinary pay.

(b) Where the amount of rental actually exceeds the prescribed allowance, the excess expenditure will be paid to the employee and where the Employer is satisfied that:-

(i) the rental is fair and reasonable;

(ii) that the garage is suitable for the purpose of garaging the car; and

(iii) that no other suitable garage is available at a lower rental.

45. TECHNICAL DIRECTION PAYMENT

An employee whose ordinary hours of work are 35 hours per week and who, for the major part of a shift is responsible for providing on-site technical direction and/or advice to immediate job supervisors on tunnel construction projects, where such technical direction and advice is given within the confines of the tunnel under construction, will be entitled to a payment of $3.50 per day.

46. TELEPHONE EXPENSES

(a) Any employee who is required by the Employer to have the telephone available at their place of residence shall have the cost of rental, and if necessary the cost of installation, paid by the Employer.

(b) In addition, the Employer shall determine a quarterly call allowance to be paid to these employees based on the estimated work demands from time to time.

47. TRAVELLING EXPENSES ON JOURNEYS EXTENDING OVER ONE DAY

47.1 ACCOMMODATION AND MEALS NOT PROVIDED

(a) Employees required, in the course of their duties, to depart from their homes or place of work, and unable to return on the same day shall be paid the following:

CAPITAL CITIES -INCLUDING NEWCASTLE

IN OTHER THAN CAPITAL CITIES

Per day of 24 hours	Per hour up to 15 hours	Per day of 24 hours	Per hour up to 15 hours
$175.07	$11.65	$124.65	$8.30

(b) This allowance covers the cost of accommodation and breakfast, lunch and evening meal.

(c) The amount payable is based on the time the employee leaves their place of work or home, whichever is the latter, to the time they return to either their place of work or home, whichever is the earlier.

(d) Where the cost of accommodation and meals unavoidably exceeds the above allowances, the employee shall be reimbursed the actual excess cost.

The Employer reserves the right to have regard to the standard of accommodation used and available in the area, and to the approval of upper limits of the cost of breakfast, lunch and evening meals where receipts are provided.

47.2 ACCOMMODATION AND MEALS PROVIDED

Where the Employer provides an employee with accommodation and meals:

(a) the allowance in 1(a) shall not apply.

(b) the employee shall be paid the following allowance:

(i) stays in capital cities - $7.30 per day or part thereof

(ii) stays elsewhere - $9.15 per day or part thereof.

(c) the employee shall be paid the relevant hourly rate set out in 1(a) for the time spent travelling on the forward and return journey outside their scheduled hours.

47.3 ACCOMMODATION BUT NO MEALS PROVIDED

Where the Employer provides the employee with accommodation but not meals:

(a) the allowance in 1(a) shall not apply.

(b) the employee shall be paid an allowance of $45.70 per day to buy breakfast, lunch and dinner.

(c) the employee shall be paid the relevant hourly rate set out in 1(a) for the time spent travelling on the forward and return journey outside their scheduled hours.

47.4 TRANSPORT

The Employer shall pay the cost of transport or provide transport.

47.5 GENERAL

(a) Where an employee is required to work beyond their normal hours overtime may be claimed.

(b) Employees receiving payments under this clause are not entitled to meal allowances.

48. CAMPING

(a) Where an employee is required to temporarily live at or near the work site the following shall apply:

(i) Where the Employer provides quarters and/or established camping facilities (including cooking and eating facilities) employees will receive:

(1) an allowance of $34.22 for each day the employee is required to camp or live in quarters to cover food, incidentals and general disability.

(2) an allowance of $2.30 each day a cook is not provided.

(b) The Employer shall pay the cost of transport to and from the campsite, including weekend trips home.

49. OUT OF POCKET EXPENSES

(a) Where an employee is required by the Employer to spend their own money they will be entitled to reimbursement. The expense must be approved by an authorised employee as a necessary work related expense.

(b) Employees will be reimbursed within 24 hours of lodgement of their claim.

50. TOOLS AND EQUIPMENT TO BE SUPPLIED BY THE EMPLOYER

(a) All tools will be supplied to employees other than tradespeople, and must be returned.

(b) The Employer will continue to provide such tools of trade as were customarily provided at the time of making this Award including for the use of tradespeople all necessary power tools, special purpose tools, precision measuring instruments and for sheet metal workers snips used in the cutting of stainless steel, money metal and similar hard metals.

(c) For tools not customarily provided by the Employer at the date of this Award but which are ordinarily required by the employees for the performance of their duties and are supplied by the employees, an allowance as determined by the Employer from time to time will be paid, subject to the employees maintaining an adequate kit of tools.

(d) On each site, workshop and at all other places where employees are employed, that is, permanent depots, caravans, moveable amenities sheds and vehicles designated as personnel carriers, the Employer will provide and continuously maintain at a place or places accessible to all employees, a fully equipped first aid outfit.

(e) Replacement of Lost Tools - Where an employee has lost tools due to theft or destruction by fire whilst the tools are stored on the job they will be provided on a personal basis with replacement tools of similar quality at the Employer's expenses.

(f) Where the Employer requires an employee to wear spectacles with toughened glass lenses, the cost of the toughening process will be paid for by the Employer.

51. PROTECTIVE CLOTHING AND UNIFORMS

(a) The Employer shall continue to provide such items of protective clothing as was customarily provided at the time of making this Award and as agreed between the parties.

(b) The Employer will be responsible for the supply and replacement of protective clothing and uniform, as agreed between the parties from time to time.

(c) It is a condition of employment that employees must use and wear the protective clothing and/or uniforms that are issued to them by the Employer.

52. MEAL AND CHANGE SHED

(a) The Employer will provide change sheds, including all suitable conveniences, tables, seats, etc to be used exclusively for such purposes, together with pure drinking water and boiling water at meal times, and for morning and afternoon tea breaks, and sanitary accommodation for its employees. All drinking water shall be stored in a covered receptacle with a tap attached to prevent pollution.

(b) Where employees are employed handling large quantities of coal, cement, dirty machinery, etc provision will be made for washing with hot and cold water. Soap or cleansing paste and toilet paper shall be supplied by the Employer.

53. PIECE WORK

Piece work will not be permitted on any site or business area covered by this Award unless agreement is reached between the Employer and employee representatives to the terms and conditions.

54. RENEWAL OF DRIVERS' LICENCES

(a) Drivers' licences issued by the Roads and Traffic Authority will be renewed at the Employer's expense for employees who are required by the Employer to regularly drive motor cars, motor lorries and/or plant as part of their normal duties, and which require the possession of such a licence.

(b) Regular for the purpose of this clause will be held to be three (3) days per week on a week-by-week basis. Employees responsible for authorisation of drivers' licence claims will need to ensure themselves that the claimant will, on average, be driving three (3) days per week.

55. HEALTH AND SAFETY OF EMPLOYEES

(a) It is a condition of employment that all employees must use or wear such safety protective equipment issued by the Employer.

(b) Employees will be given safety instructions in respect of any work they are required to perform and will be paid as if at work.

(c) A notice will be displayed in every change room and where the first aid chest is normally kept, listing the name(s) of qualified first aider(s).

(d) The Employer will comply with the Occupational Health and Safety Act 1983 and Regulations and Employer's Standards of Practice as amended from time to time.

56. DELEGATES RIGHTS

(a) Employees elected as a union delegate or employee representative will, upon provision of written proof of the election to the Employer, be recognised as an accredited representative of the Union or the consultative committee to which they belong and in the defined area they are elected to represent.

(b) They will be allowed all reasonable time during working hours to submit to the Employer matters affecting the employees they represent. Such representations should be arranged for times which are convenient to both parties.

(c) Before delegates/consultative committee members move away from their immediate work location to commence work on Union or consultative committee business, they must first obtain the permission of their manager.

(d) Where they wish to meet with Employer's representatives which will take them away from their immediate work location they should first seek their manager's leave before making such an arrangement.

(e) Delegates/consultative committee members will not enter any other work location for which they are not elected on union or consultative committee business unless the delegate first receives the permission of the relevant manager for that area.

(f) Prior to leaving the immediate work location, delegates/consultative committee members must provide to their manager information regarding the purpose for their departure, the estimated time of absence and telephone contact if practicable. Immediately upon their return from union or consultative committee business they will inform their manager their time of arrival and departure from the location where they were required.

(g) Failure of a delegate/consultative committee member to meet the above provisions will result in the employee concerned forfeiting the right to pay for the period of such absence.

(h) Managers will not unreasonably withhold permission for delegates/consultative committee members to attend to bona fide matters or issues affecting the legitimate industrial interests of the members they are elected to represent. In the same spirit, accredited delegates/consultative committee members should observe the above procedures and recognise the need to balance their absence from the job on Union business/consultative committee business with the requirement for acceptable work performance.

(i) Subject to the provisions of the Industrial Relations Act 1996 (NSW), the opportunity is open for Union officials, delegates or employee representatives (in the defined area so elected) to approach employees at work in respect to enrolment of Union membership.

(j) For the purpose of this clause "delegate/consultative committee member" will not include Committee of Management or Executive member or Regional Committee members of the Union or Consultative Committee equivalents.

(k) Whilst it is recognised that Committee of Management, Executive members or their Consultative Committee member equivalents are not confined to the specific provisions contained herein it is understood that these provisions will have general application excluding the requirement of sub-clause (a) concerning the area of operation.

(l) The application of the provisions contained herein will apply to members of Regional Committees of the union within their respective regions.

(m) In exercising these rights delegates, Committee of Management, Executive members, Regional Committee members of the Union and consultative committee members and their equivalents will not harass or hinder Employer's employees or employees in the performance of their work.

57. EMPLOYEES ON UNION AND/OR CONSULTATIVE COMMITTEE BUSINESS

(a) Any:

(i) accredited delegate of a Union respondent to this Award; or

(ii) employee representative elected to a consultative committee; or

(iii) employee elected to a union committee of management; or

(iv) employee acting in any of the above capacities

who takes leave without pay to attend to business for which they have been elected, will not lose any rights which would have otherwise accrued under the:

(i) RECREATION LEAVE; and

(ii) LONG SERVICE LEAVE

clauses of this Award.

58 SENIOR MANAGERS

58.1 SCOPE

(a) This Clause shall only apply to Senior Managers who are designated by the Corporation as such and who have their conditions of employment, other than as provided in this Clause, contained within their individual contract in accordance with subparagraph (ii) of paragraph (b) of subclause 58.2, General, of this Clause.

(b) This Clause shall not apply to the following:

(i) Senior Managers who do not hold an engineering or scientist qualification and are in receipt of a remuneration package under a contract above an equivalent value of 145 per cent of pay point 76 per annum; and

(ii) the Managing Director, Group General Managers and General Managers, or any equivalent of the above.

58.2 GENERAL

(a) An employee will not be offered a contract of employment as a Senior Manager unless they are paid at pay point 69 or above as appears in the Integrated Pay Scale in Clause 6 of this Award.

(b) Except as provided in this Clause, this Award will only apply to Senior Managers for the following:

(i) recreation leave;

recreation leave loading;

sick leave;

long service leave;

maternity leave;

paternity leave;

adoption leave;

public holidays;

special leave;

payment of money owing to the employee in case of death;

health and safety of employees.

(ii) The pay and remaining conditions of employment for Senior Managers will be contained within their individual contracts and have no connection with this or any other award.

(c) The remuneration package for Senior Managers shall include provisions in relation to at least the following subject matters:

Child care;

Mortgage;

Travel;

Motor vehicle.

58.3 ALTERNATE DISPUTE RESOLUTION

(a) In the instance where an employee has raised a grievance with the Managing Director and it has not been possible to resolve the grievance, the employee and the Corporation may approach a grievance mediator for assistance. The grievance mediator will be selected by agreement between the parties and will be paid for by the Corporation.

(b) The following matters may be the subject of grievance mediation:

(i) the terms of, the assessment of and the results of the performance agreement referred to in subclause 14.1 of their contract of employment;

(ii) allegations or concerns as to compliance with clause 15 of their contract of employment;

(iii) matters of dispute arising from the application of the Corporation’s code of conduct;

(iv) matters of dispute arising from the application of the Corporation’s discipline policy, except in so far as it relates to the performance issues dealt with in the employee’s contract of employment;

(v) any allegation or concern by the employee that he/she has been adversely treated in his/her employment.

Provided that this subclause shall not apply in the following circumstances:

(A) summary dismissal;

(B) the failure to promote or the level of promotion;

(D) the non-renewal or terms of renewal of this agreement or its successor agreement.

(d) The process to be adopted by the grievance mediator will essentially be one of conflict resolution and mediation.

(e) The process will not be of an adversary nature and the parties will not be entitled to legal representation.

(f) The grievance mediator may decline to consider a grievance or a matter.

(g) An employee may nominate the employee’s union or other advisers and may have support persons to assist him/her in the process, but the grievance mediator will determine who will be present and participate in the mediation consultations.

(h) The grievance mediator, if he/she considers it to be appropriate, may seek the advice and assistance of nay government department, authority, agency or person, including legal advisers, in order to resolve the grievance.

(i) Nothing in this clause shall prevent the union or the Corporation from referring any grievance referred to in paragraphs (a) and (b) of this subclause to the Industrial Relations Commission of New South Wales.

(j) Where the employee has invoked paragraph (a) of this subclause and referred the grievance to the grievance mediator, the Corporation will not take any action to terminate the employee’s employment until the grievance mediator has delivered his/her decision.

58.4 TERMINATION

Termination of employment will not be harsh, unjust or unreasonable.

59. APPRENTICES

59.1 CONDITIONS OF EMPLOYMENT

Unless specifically provided for in this part, the conditions of employment for apprentices will be as set out in this Award.

59.2 TRAINING AND EDUCATION

(a) Attendance

(i) Apprentices should attend their course at the College nearest to their place of work or home.

(ii) An apprentice may be asked to produce evidence of their attendance at College. This evidence should follow the attendance system specific to their College.

(b) Completion of Course and Failures

(i) Apprentices must complete their course within the minimum time required for that course.

(ii) Apprentices must repeat any stage or subject they fail by attending evening classes if necessary.

(iii) Apprentices that fail any stage through no fault of their own may complete their course beyond its normal duration. This depends on satisfactory progress reports from the College.

(i) The Employer will pay all tuition and enrolment fees at the beginning of each college year.

(ii) The Employer will deduct from an apprentice's pay fees for any incomplete or unattended courses.

(d) Rostered Days Off

Apprentices who must go to college on a day that they are rostered off work will be entitled to a substitute day off.

59.3 PAY

(a) Apprentices will receive the rates of pay contained within the schedules below.

HOURLY RATE AT DATE OF MAKING AWARD

Apprentice Electrical Trades

Year 1	Year 2	Year 3	Year 4
6.605	8.186	10.091	11.412

Apprentice Painter/Signwriter

Year 1	Year 2	Year 3	Year 4
6.453	8.241	10.147	11.469

Apprentice - Other trades

Year 1	Year 2	Year 3	Year 4
6.771	8.568	10.474	11.793

(b) Adult Apprentice

The hourly rate of pay for a 1st Year adult apprentice shall be as follows:

Adult Apprentice Electrical Trades $7.803

Adult Apprentice Painter/Signwriter $7.335

Adult Apprentice - Other Trades $7.674

(c) The hourly rate for an adult apprentice Year 2, Year 3 and Year 4 shall be in accordance with the rates for apprentices in the appropriate trade provided in 3(a) above.

(d) The above rates cover all disabilities associated with the work unless specifically provided for in clauses contained in this Award.

(e) The above rates include the appropriate tool allowance applicable to a tradesperson employed by the Employer in that trade and included in their rate of pay.

59.4 TOOLS

(a) The Employer will supply to all apprentices a basic tool kit at the commencement of their apprenticeship. Apprentices will supplement this tool kit by purchasing additional tools with the tool allowance referred to in 4.(e) above.

(b) If an apprentice fails to complete their apprenticeship, the tool kit must be returned in complete and serviceable order. Where the kit is not returned in the appropriate condition, the Employer will be reimbursed the cost of the kit or of any individual tool that is defective or missing.

(c) Tool kits will be inspected by the Employer. If the kit is not adequately maintained or the tools are not in good condition, the Employer will replace those tools and deduct their cost from the apprentice's pay.

(d) The Employer will provide:

(i) suitable facilities for maintaining and sharpening tools at the workplace; and

(ii) a secure and weatherproof area for storing tools on the job.

60. NETWORK SERVICES (CIVIL MAINTENANCE) PRODUCTION EMPLOYEES SKILLS DEVELOPMENT PROGRAMME

60.1 APPLICATION

(a) This part applies to Production Employees (Maintenance) employed in the Network Services (Civil Maintenance) business.

(b) The following clauses do not apply to these production employees;

Pay (other than Clause 6.3 Payment of Monies Due)

Temporary Arrangements

Annual Leave (Payment of Leave)

Recreational Leave Loading (Payment of Loading)

Long Service Leave (Payment of Leave)

Sick Leave (Payment of Leave)

60.2 STATEMENT OF INTENT

(a) The intention of the programme is:

(i) for employees affected by the programme;

- to improve the efficiency, performance and productivity of these employees.

- to enhance employees development and improve employees' job satisfaction as far as practicable.

(ii) for all work covered by the programme;

- to achieve effective, efficient and economic completion of this work.

(b) "Work" in this context means all those activities necessary to deliver potable water, transport waste water, treat sewage and dispose of effluent or bio-solids. These activities must be done in a way that:

(i) achieves a level of customer service that is consistently satisfactory and shows a level of improvement.

(ii) consistently maintains a minimum satisfactory level of public health and environmental protection while constantly aiming to improve that level of service.

(c) This level of work is to be done with the best staffing for the job required. Appropriate technology should be used from time to time in order to achieve minimal overall costs (capital, operating and maintenance).

(d) Where practical, work will be designed to incorporate whole jobs based on interdependent tasks.

(e) The programme is intended to be a flexible, dynamic and participative process which provides a climate for continuing change and the optimum utilisation of resources.

60.3 PAY

(a) Comparative wage justice a means of establishing or increasing wages is not recognised.

(b) The pay rates set out in this part stand alone and contain no component rates from outside Awards, outside agreements or Clause 6 PAY of this Award.

(c) Rate of pay and progression for employees are set/determined by ongoing learning/skills, ongoing evaluation, accreditation and on the job performance review as contained within the agreed Principles and Rules and System Design (including workplace reform documents).

(d) The rates of pay set out in this part cover all work and disabilities associated with the Network Services (Civil Maintenance) Business.

60.4 RATES OF PAY

Employees will be paid the appropriate hourly rate on the following scale:

LEVEL

PAY POINT

Provided that progression between the levels within each stream shall be in accordance with the agreed ongoing evaluation and accreditation process set out in the Principles, Rules and Design.

60.5 PAYMENT OF ANNUAL LEAVE

Payment for recreation leave will be at the rate prescribed for the employees accredited skill level.

60.6 PAYMENT OF LEAVE LOADING

Calculation of recreation leave loading will be based upon the rate prescribed for the employees accredited skill level.

60.7 PAYMENT OF SICK LEAVE

Sick leave will be paid at the rate prescribed for the employees accredited skill level.

60.8 HOURS

(a) Working in Sewers - Night Shift

Where employees work in sewers on the night shift their working hours will be an average of 34 and 1/5 ordinary hours per week over a four week period to be worked as 19 shifts of 7 and 1/5 hours each with no crib time.

(b) Working in Sewers

Where employees work in sewers not over 1.07 metres in height, or in sewer shafts over 6.10 metres in depth they will work an average of 34 and 1/5 ordinary hours per week over a four week period worked as 19 shifts of 7 and 1/5 hours each.

For all other work the provisions in the HOURS OF WORK Clause of this Award will apply.

60.9 VENTSHAFTS

An employee working at heights on free-standing lattice type or tapered steel vent shafts shall be paid an allowance of $1.30 per day in addition to the rate they receive for their accredited skill level.

61. CONSULTATIVE PROCEDURES

Implementation of this Award may result in changes to the workplace. These changes may take the form of reorganisation of the workplace, job design/redesign and the introduction of new technology. The process of change may be ongoing.

Where change is to occur, the following procedures will be applied:

(a) In developing significant reorganisation proposals, management is required to discuss with employees affected, the broad principles involved in the proposals.

(b) When formalised, the proposal will be considered and evaluated by the relevant General Manager. The Branch Manager of the area concerned will be consulted and advised of any amendments to the original proposals.

(c) The proposals will then be forward to the union(s)/consultative committee affected and a presentation will be made to representatives of union(s)/consultative committees involved. Should positions be identified as redundant as a consequence of the implementation of any proposal, the Employer will provide to the unions/consultative committee clear statements as to why the positions are no longer required.

(d) Management of the Branch concerned will be available to confer with unions within the framework and principles of the proposals. However, Branch Management has no authority to bind or commit the Employer to any amendments to the proposals unless specifically delegated to do so.

(e) During a period of up to four (4) weeks from a union/consultative committee receiving the Employer's proposals, unions/consultative committee members will have an opportunity of making written submissions or seek to negotiate with nominated Employer's representatives in relation to any alterations or objections they may wish to raise in relation to the proposals.

(f) At the end of the four week period, the relevant General Manager or their representative will again consider the proposals and determine the Employer's position.

62. DISPUTE RESOLUTION AND GRIEVANCE PROCEDURES

These procedures provide a framework for questions, disputes or difficulties, from either one employee or a group of employees, arising at the workplace to be settled as quickly and effectively as possible. These procedures must be followed by all parties.

Managers and supervisors notified of a dispute or grievance must discuss the matter with all the necessary people and investigate the matter thoroughly. Employees are responsible for raising their concerns or grievances at an early stage and for providing as much information as possible to assist in an effective resolution.

Employees may withdraw their grievance at any stage during the procedures.

Confidentiality must be maintained at all stages during the procedures.

Normal work will continue while these procedures are being followed, unless there is a legitimate safety problem.

STEP 1 NOTIFYING THE IMMEDIATE SUPERVISOR

When a dispute or grievance arises, the employee(s) concerned will notify their immediate supervisor (in writing or otherwise) of the substance of the matter.

The supervisor will arrange a meeting to discuss the matter with the employee(s). This meeting should be held within three (3) working days (or at a time acceptable to the employee(s). At the meeting the employee(s) will provide details of the matter and any suggested solutions.

All efforts should be made to resolve the matter at this step.

STEP 2 MORE SENIOR SUPERVISOR

If the matter is not resolved as a result of this meeting, a further meeting shall be arranged with the employee(s), the immediate supervisor and a more senior supervisor. The employee(s) may request a union representative/consultative committee representative or a person of their choice to attend the meeting.

This meeting should take place within three (3) working days of the completion of Step 1 (or at a time acceptable to the employee(s)).

STEP 3 INVOLVEMENT OF HUMAN RESOURCES SPECIALISTS

If the matter is still not resolved, the matter may be referred to the appropriate business human resource specialist. This should take place within three (3) working days of the completion of Step 2 (or at a time acceptable to the employee(s)). Corporate human resources may be contacted for assistance. The matter will then be discussed with local management, the employee(s), their representatives and corporate human resources.

Depending on the nature and/or severity of the matter, corporate human resources may be involved earlier in the procedures.

STEP 4 INVOLVEMENT OF SENIOR MANAGEMENT

If the matter is still not resolved, it will be discussed/negotiated between the employee(s), their representatives and senior management (or their representatives).

At the conclusion of this step, if the matter is still not resolved, the Employer shall provide a response (in writing or otherwise) to the dispute or grievance, outlining the action taken and reasons why the proposed solutions were not implemented. This response should be given to the employee(s) and/or their representatives within three (3) working days of the completion of this step.

STEP 5 INDEPENDENT ARBITRATOR

If the matter is still not resolved the parties may, if they agree, refer the matter to a mutually acceptable mediator or arbitrator.

STEP 6 INVOLVEMENT OF THE INDUSTRIAL RELATIONS COMMISSION OF NSW

If the matter is still not resolved at the conclusion of Step 4, either party may refer the matter to the Industrial Relations Commission of NSW. Matters may only be referred to the Industrial Relations Commission when all steps in these procedures have been exhausted.

When a party decides to notify the Industrial Relations Commission under this step, they must give the other party at least three (3) working days notice of their intention to notify.

63. ANTI-DISCRIMINATION

(1) It is the intention of the parties bound by the 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 carer’s responsibilities.

(2) It follows that in fulfilling their obligations under the dispute 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.

P. J. SAMS D.P.

____________________

Printed by the authority of the Industrial Registrar.

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