CROWN EMPLOYEES (ROADS AND TRAFFIC AUTHORITY OF NSW - SCHOOL CROSSING SUPERVISORS) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Roads and Traffic Authority of New South Wales.

 

(No. IRC 3560 of 2005)

 

 

AWARD

 

Arrangement

 

Clause No.          Subject Matter

 

1.         Definitions

2.         Area, Incidence, Duration

3.         Parties to the Award

4.         Duties

5.         Appointment and Probation

6.         Hours of Duty

7.         Payment of Wages

8.         Superannuation

9.         Minimum Period of Engagement

10.       Work Location

11.       Leave

12.       Travelling to a Temporary Work Location

13.       Relocation

14.       Termination

15.       Training

16.       Criminal Record Checks

17.       Safety Clothing & Equipment

18.       Anti-Discrimination

19.       Grievance Resolution and Dispute Settlement

20.       Union Contributions

21.       Code of Conduct and Ethics

22.       Leave Reserved

23.       Rates of Pay

 

1.  Definitions

 

SCS - School Crossing Supervisor

 

RTA- Roads and Traffic Authority of New South Wales, statutory authority established under the Transport Administration Act 1988 (NSW)

 

Union -Unions NSW

 

Permanent SCS -A permanent SCS is a SCS who works a set number of hours and days per week.

 

Casual -Casual SCSs are employed on an intermittent basis to cater for special needs or to provide cover for intermittent periods of absence.

 

Casual Loading -An additional rate added to the rate of pay for casual SCSs to compensate for their ineligibility for paid leave and public holidays.

 

Contract Hours -The standard weekly hours or daily hours required to be worked by permanent SCSs. Contract hours for permanent SCSs are the hours specified in their contract or letter of appointment.

 

Additional Hours -Time worked by permanent SCSs in excess of their contract hours and for which a loading in lieu of annual leave is paid.

 

Extended Leave -A form of leave entitlement which recognises and rewards long service. Also known as Long Service Leave.

 

Headquarters -The centre to which SCSs are attached for administrative purposes, or from which SCSs are required to operate on a long term basis.

 

Temporary Work Location -The place from which permanent SCSs temporarily perform official duty if they are required to work away from headquarters.

 

Working Hours -The specified times that SCSs are required to work as outlined in their letters of engagement.

 

2.  Area, Incidence, Duration

 

This Award will be known as the Crown Employees (Roads and Traffic Authority of NSW - School Crossing Supervisors) Award. The Award applies to all SCSs employed by the RTA under s 63 of the Transport Administration Act 1988. This Award will be in force for a period of three (3) years from 10 October 2005 and rescinds and replaces all other references to SCSs in any Award, Enterprise Agreement or Determination setting the rates of pay and/or conditions for SCSs employed by the RTA. The conditions in this Award comprise the full set of conditions available to SCSs.

 

3.  Parties to the Award

 

The parties to this Award are the Roads and Traffic Authority of New South Wales, and the Australian Worker's Union and the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales.

 

4.  Duties

 

SCSs are responsible for the implementation of the School Crossing Supervisor Scheme at designated school crossing sites.

 

In order to achieve this, SCSs must:

 

Place CHILDREN CROSSING flags at each end of the crossing at the commencement of duties and remove the flags at the completion of duties

 

Be at their designated crossing at the times specified by the RTA;

 

Comply with the Safe Work Method Statement (SWMS) for the site at which they are working;

 

Perform their duties in accordance with training provided by the RTA;

 

Follow any lawful directions given by the RTA;

 

Use only the safety clothing and equipment provided by the Roads and Traffic Authority.

 

5.  Appointment and Probation

 

(a)        SCS's must serve a three-month probation period before their employment is confirmed.

 

(b)        SCS's cannot commence duty until they have successfully completed both on-site and off-site training and have met the criteria for the criminal record check as outlined in clause 16.

 

(c)        The probation period may be extended for a period up to six months in exceptional circumstances. SCSs must be informed of the extension at least one week prior to the date on which they will complete three months’ service.

 

6.  Hours of Duty

 

(a)        Other than for reasons outlined in (e) below, permanent SCS's will be rostered to work during the 41-week NSW school year.

 

(b)        The contract hours for SCS's will not include four weeks of the school summer vacation period in December/January each year. Any training held in January will be notified and paid for as per clause 15, Training.

 

(c)        The contract hours of duty for permanent SCSs are determined according to the operating hours of the crossing at their designated site, including the setting up and storage of equipment. The specific hours will be notified to permanent SCS's in their letters of engagement.

 

(d)        Unless otherwise agreed by the SCS, the contract hours of duty for permanent SCS's may be varied on a permanent basis provided that three weeks’ notice is given (i.e. 15 weekdays, including school and public holidays).  This does not restrict the RTA to direct SCS's to work different than their contract hours on a temporary basis, eg to cover short-term absences of other staff.

 

(e)        Subject to clause 15, Training, permanent SCS's may, by agreement, work in excess of their contract hours. The additional hours worked, up to 38 hours per week, will be paid at ordinary time plus a 1/12 loading in lieu of additional annual leave (see 7(d) below).

 

(f)         Permanent or casual SCS's who are directed to work in excess of 8 hours per day or 38 hours per week will be paid for the time worked at overtime rates as time and a half for the first two hours and double time thereafter.

 

(g)        The hours of duty for casual SCSs will fluctuate between engagements.  Generally, casual SCS's cannot be engaged for longer than the ordinary hours worked by permanent SCS's.

 

(h)        The RTA may arrange training to be conducted during the school holidays. Refer to clause 15, Training.

 

(i)         The RTA may require SCS's to work reasonable overtime at overtime rates.  An SCS may refuse to work overtime in circumstances where the working of overtime would result in the SCS staff working hours which are unreasonable.  For the purposes of this paragraph what is unreasonable or otherwise will be determined having regard to:

 

any risk to the SCS’s health and safety;

 

the SCS’s personal circumstances including any family and carer responsibilities

 

the needs of the workplace or enterprise;

 

the notice (if any) given by the RTA regarding the working of overtime, and by the SCS of their intention to refuse the working of overtime; or

 

any other relevant matter.

 

7.  Payment of Wages

 

(a)        The hourly rate of pay for SCSs will be calculated with reference to a base hourly rate of $N per hour.  The rates of pay are set out in the table in Clause 23, Rates of Pay.

 

(b)        The rate paid to permanent SCSs will be averaged over a period of 48 weeks. The calculation takes into account the 41-week school year plus the entitlement to four weeks’ annual leave as permanent employees. Permanent SCSs will continue to be paid for their contract hours during school holidays that fall between the months of February and December. Permanent SCSs will not be paid for the four weeks of the school summer vacation period in December/January each year.

 

(c)        The hourly rate paid to permanent SCSs will be calculated on the following basis:

 

N	x	45	=	$P
48

 

Where ‘N’ is the base rate per hour and ‘P’ is the actual hourly rate.

 

(d)        Additional hours worked by permanent SCSs will be calculated on the following basis:

 

N

+

(N x 1/12)

=

$A

 

Where ‘N’ is the base rate per hour and ‘A’ is the actual hourly rate.

 

This rate will also apply to all time spent training by permanent SCSs outside their contract hours.

 

(e)        Casuals are paid for actual time worked and, subject to Clause 15, Training, are not paid during school holidays.

 

(f)         As casuals are entitled to a loading in lieu of all forms of paid leave except for long service leave, the hourly rate paid to casual SCSs will be calculated on the following basis:

 

N

+

(N x 20%)

=

$C

 

Where ‘N’ is the base rate per hour and ‘C’ is the actual hourly rate.

 

(g)        Wages will be paid on a fortnightly basis into an account nominated by each SCS.

 

8.  Superannuation

 

(a)        Subject to (b) below, the RTA will contribute a proportion of each SCSs’ wage as determined by Commonwealth superannuation legislation into a superannuation fund nominated by each SCS. The current proportion is 9%, effective from 1 July 2002.

 

(b)        The RTA is prohibited from depositing superannuation contributions into an account for SCSs 70 years of age or older. In lieu of this contribution, SCSs 70 years of age or older will receive a loading equivalent to the superannuation contribution in their fortnightly pay. The additional loading will be calculated with reference to a base hourly rate of $N per hour as contained in clause 7 above.

 

9.  Minimum Period of Engagement

 

(a)        The minimum period of engagement for SCS (whether casual or permanent) shall be one hour.

 

(b)        SCS's who work both morning and afternoon shift in any one day will be considered to have worked two (2) periods of engagement for that day.

 

(c)        The period(s) of engagement for permanent SCSs will be specified in their letter of appointment.

 

10.  Work Location

 

(a)        Permanent SCS's will be appointed to a designated work school crossing site to which they must report for duty.

 

(b)        Casual SCSs are not assigned to a specific work location and may be offered work at locations as required by the RTA.

 

11.  Leave

 

11.1      Calculation of leave

 

(a)        Unless otherwise specified, permanent SCS's will be entitled to leave on a pro-rata basis, calculated on their weekly contract hours.

 

(b)        For the purpose of taking leave, ‘day’ means the normal/contract hours of duty that SCS's would have worked on that day. This does not include intermittent training carried out during the school term.

 

11.2      Casuals

 

(a)        Casuals receive a loading in lieu of all forms of paid leave except long service leave.

 

(b)        With the exception of long service leave, casuals are not entitled to take paid leave.

 

11.3      Recreation Leave

 

(a)        Permanent SCS's are entitled to four (4) weeks’ recreation leave each year.

 

(b)        The wages paid to SCS's take into account the four-week entitlement and SCSs are not entitled to take recreation leave during the school term.

 

(c)        SCS's will have a period of four weeks per year (in one or more blocks) where they will not be required to attend work and/or training. Refer to clause 11, Training.

 

11.4      Annual Leave Loading

 

The wages paid to SCS's incorporate a loading of 1.35% per annum to account for their entitlement to annual leave loading based on four weeks’ leave per year.

 

11.5      Public Holidays

 

(a)        Permanent SCS's will be paid for all gazetted state public holidays that occur on a day on which they are normally rostered and for the hours that they would have worked.

 

(b)        Public holidays that occur during school holidays will be treated as normal work days and no additional payment will be made.

 

(c)        Permanent SCS's will be entitled to observe local public holidays (half day or full day as gazetted) where the school to which the crossing applies is observing that local public holiday.

 

11.6      Sick Leave

 

(a)        Permanent SCS's are entitled to 12 sick days per year.

 

(b)        For the purpose of this clause, the sick leave year commences on 1 January. SCS's who commence duty during the course of a calendar year will be credited with a pro rata entitlement of 12 days per year.

 

(c)        The RTA may defer payment of sick leave to SCS's who take sick leave during their first three months of service until the SCS has completed three months of service

 

(d)        SCS's re-employed in the same year are entitled to the lesser of:

 

a maximum of 12 days sick leave, or

 

the sick leave SCS's would have been entitled to had employment been continuous from the date of first employment in that year.

 

(e)        Previous periods of employment are not taken into account for sick leave purposes.

 

(f)         All sick leave not taken during the leave year accumulates and may be used as required for genuine absences due to illness or incapacity.

 

(g)        If SCS's are unable to attend work due to illness, they are to contact their supervisor prior to the commencement of their shift and advise:

 

that they are unable to attend work, and

 

the nature of their illness or incapacity, and

 

the estimated period of absence.

 

(h)        If required by the RTA, SCS's absent from work for any period due to illness must submit a medical certificate showing the nature of the illness.

 

(i)         SCS's who have used all their accrued sick leave but are unable to return to work due to illness or incapacity and have supporting medical certificates may take accrued long service leave or leave without pay.

 

(j)         SCS's who are sick for a week or more whilst on long service leave and who have a supporting medical certificate will be entitled to accrued sick leave for the period covered by the medical certificate. The long service leave replaced by the sick leave will be re-credited to the SCS’s entitlement.

 

(k)        Sick leave will not be granted for long service leave taken prior to resignation or termination of services.

 

11.7      Extended leave

 

11.7.1               Extended leave entitlements

 

(a)        Extended leave for SCS's is set by the Transport Administration Act 1988 (NSW).

 

(b)        SCS's who have completed 10 years service recognised by the RTA are entitled to the following extended leave:

 

44 working days at full pay, or

 

88 working days at half pay, or

 

22 working days at double pay.

 

(c)        For each additional calendar year of service completed in excess of 10 years entitles SCSs accrue 11 working days extended leave.

 

(d)        From 1 January 2005, SCS's who have completed at least 7 years continuous service with the RTA, or as recognised in accordance with paragraphs (f) and (g) below, are entitled to access pro rata extended leave on the basis of 4.4 working days per completed year of service.

 

(e)        Casual SCSs with regular and consistent patterns of employment are entitled to Extended Leave on the same basis as that applying to permanent SCS's, calculated on a pro rata basis.

 

(f)         All previous full-time and part-time service SCS's have had with the RTA, the former Department of Main Roads, Department of Motor Transport or the Traffic Authority are taken into account as service towards Extended Leave for permanent SCS's.

 

(g)        Service with other NSW government bodies will also be recognised in accordance with the Transferred Officers Extended Leave Act 1961 (NSW).

 

(h)        Nothing in paragraphs (f) or (g) above entitles SCSs to payment for previous service recognised, where the accrual for that service has been taken as extended leave in service or paid out on termination.

 

11.7.2               Effect of Approved Leave Without Pay (LWOP) on Extended Leave Entitlements.

 

(a)        To determine if SCS's have completed the required 10 years of service:

 

Any period of approved leave taken without pay before 13 December 1963 counts as service to determine whether or not SCSs have completed 10 years of service.

 

Any period of approved LWOP you have taken without pay after 13 December 1963 does not count towards the 10 years of service.

 

(b)        For SCS's who have had 10 years’ service recognised by the RTA, approved LWOP for the reasons listed below counts as service for Extended Leave accrual:

 

Military service (e.g. Army, Navy or Air Force);

 

Major interruptions to public transport;

 

Periods you are on leave accepted as workers compensation.

 

(c)        For SCS's who have completed 10 years of recognised service, any period of approved leave without pay not exceeding 6 months counts for the purpose of calculating length of service.

 

11.7.3               Taking of Extended Leave.

 

(a)        Subject to RTA approval, SCS's may take Extended Leave:

 

At a time convenient to the RTA;

 

For a minimum period of one hour, irrespective of whether it is paid at full pay, half pay or double pay.

 

(b)        Extended Leave may be taken at full pay, half pay or double pay.

 

(c)        For extended leave taken at double pay:

 

SCSs’ leave balance will be debited for the actual number of working days/hours of leave at full pay plus the equivalent number of working days/hours at full pay necessary to make up the additional payment;

 

the additional payment is made as a taxed, non-superable allowance.

 

(d)        For extended leave taken at half pay, SCS's leave balance will be debited at the rate of half the days/hours taken as Extended Leave.

 

(e)        SCS's who take Extended Leave in service, may choose to be paid fortnightly or in one lump sum in advance of taking the leave.

 

11.7.4               Sick Leave while on Extended Leave.

 

(a)        SCS's are only entitled to claim sick leave that occurs during an absence on extended leave when sick for five or more consecutive working days. To claim sick leave, SCSs must provide a medical certificate for the period claimed as soon as practicable.

 

(b)        If sick leave is approved, extended leave is re-credited with the equivalent period of sick leave, if leave is taken on a full or half pay basis.

 

(c)        If sick leave is approved, extended leave is re-credited with the equivalent period of sick leave and the extra amount of extended leave entitlement accessed to make up the double pay allowance.

 

(d)        The above applies if extended leave is taken prior to retirement but not extended leave taken prior to resignation or termination of services by the RTA.

 

11.7.5               Public Holidays while on Extended Leave.

 

(a)        Public holidays that fall while SCS's are absent on Extended Leave are not recognised as Extended Leave and are not deducted from the extended leave balance.

 

(b)        Payment for public holidays is paid at single time even if SCSs have chosen to take extended leave at half-pay or double pay.

 

11.7.6               Payment or Transfer of Extended Leave on Termination

 

(a)        If SCSs are entitled to extended leave on termination of your employment, including retirement, they will be paid the monetary value of the extended leave as a gratuity, in lieu of your taking the leave.

 

(b)        SCSs who have at least five years’ service as an adult but less than seven years’ service are paid pro-rata extended leave if their services are terminated:

 

By the RTA for any reason other than serious and intentional misconduct;

 

By SCS's in writing on account of illness, incapacity or domestic or other pressing necessity or.

 

(c)        SCS's who resign to join another Government Department, and who ‘transfer’ as defined by the Transferred Officers Extended Leave Act 1961 (NSW) are entitled to have their Extended Leave accrual accepted by their new employer.

 

11.8      Maternity leave

 

(a)        Female SCS's are entitled to maternity leave to allow them to retain their position and return to work within a reasonable time after the birth of their child.

 

(b)        Permanent SCS's are entitled to maternity leave up to nine weeks before the expected date of birth and up to 12 months after the actual date of birth.

 

(c)        Permanent SCS's who have completed at least 40 weeks’ continuous service prior to the birth are entitled to paid maternity leave on the basis of fourteen weeks at full pay or 28 weeks at half pay from the date maternity leave commences.

 

(d)        Regular casual SCS's who have completed 12 months’ continuous service are entitled to up to 12 months’ unpaid maternity leave. The leave may commence up to nine weeks before the expected date of birth, but must not exceed a total of 52 weeks. Casual SCSs are not entitled to paid maternity leave.

 

11.9      Adoption leave

 

(a)        SCS's are entitled to adoption leave for the adoption of a child under school age, provided that they are to be the primary care giver of the child.

 

(b)        Permanent SCS's are entitled to adoption leave on the following basis:

 

fourteen weeks on full pay if they have completed 40 weeks’ continuous service ;

 

an extended period of up to 52 weeks, taken from the time of placement of the child, as long service leave (if available) and/or leave without pay. Any period of paid adoption leave will be included in the 52 weeks.

 

(c)        Regular casual SCS's who have completed 12 months’ continuous service are entitled to up to 12 months’ unpaid adoption leave from the date the SCS takes custody of the child.

 

11.10    Parental leave

 

(a)        SCS's who are not entitled to maternity or adoption leave are entitled to parental leave to share in the responsibility of caring for their young children.

 

(b)        Permanent SCS's are entitled to parental leave on the following basis:

 

one week on full pay or two weeks at half pay if they have completed 40 weeks’ continuous service; and

 

52 weeks unpaid. Any period of paid parental leave will be included in the 52 weeks.

 

(c)        Leave may commence at any time up to two years from the date of birth or adoption of the child.  The leave may be taken full time for up to 12 months or on a part time basis over a period of up to two years.

 

(d)        Regular casual SCS's who have completed 12 months’ continuous service are entitled to up to 12 months’ unpaid parental leave from the date of birth or adoption of the child.

 

11.11    Family and community service leave

 

(a)        SCSs may be granted family and community service leave:

 

for reasons related to the family responsibilities of the SCS, or

 

for reasons related to the performance of community service by the SCS, or

 

in a case of pressing necessity.

 

(b)        The maximum amount of family and community service leave payable at ordinary rates that may be granted to a SCS is:

 

in the first 12 months of service - 2 ½ days; OR

 

after completion of 12 months service - in any period of two years, 5 days after the first year of service; OR

 

one day for each completed year of service after 2 years’ continuous service, less any family and community service leave already taken by the SCS,

 

whichever is the greater.

 

(d)        Where family and community service leave has been exhausted, additional paid family and community service leave of up to 3 days may be granted on a discrete, ‘per occasion’ basis to a SCS to cover the period necessary to arrange or attend the funeral of a family member or relative.

 

(e)        For the purposes of this subclause, ‘family’ means a SCS’s:

 

spouse;

 

de facto spouse, being a person of the opposite sex who lives in the same house as their husband or wife on a bona fide basis, although they are not legally married;

 

child or adult child (including an adopted child, step child, foster child or ex-nuptial child);

 

parent (including a foster parent or legal guardian);

 

grandparent or grandchild;

 

sibling (including the sibling of a spouse or de facto spouse);

 

same sex partner who they live with as a de facto partner on a bona fide domestic basis; or

 

relative who is a member of the same household where, for the purposes of this definition -

 

(i)         'relative' means - a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

(ii)        'affinity' means - a relationship that one spouse or partner has to the relatives of another; and

 

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

 

(f)         Subject to approval, accrued sick leave may be accessed when family and community service leave has been exhausted, to allow SCS's to provide short-term care or support for a family member who is ill.

 

(g)        Access to other forms of leave is available to SCS's for reasons related to family responsibilities or community service, subject to approval.  These include:

 

Leave without pay

 

Make up time.

 

(h)        Depending on the circumstances, an individual form of leave, or a combination of leave options may be taken. It is the RTA’s intention that each request for family and community service leave be considered equitably and fairly.

 

(i)         SCS's appointed to the RTA who have had immediate previous employment in the NSW Public Sector may transfer their family and community service leave accruals from the previous employer.

 

12.  Travelling to a Temporary Work Location

 

(a)        Permanent SCS's required to travel to a temporary work location will be entitled to ordinary time payment for the additional time taken to travel to the temporary work location compared to the time that they normally take to travel to their headquarters.

 

(b)        Where permanent SCS's travel by public transport to a temporary work location, they will be entitled to reimbursement of any additional fares paid.

 

(c)        Subject to clause 15, Training, casual SCSs are not entitled to excess fares or travel to a work location.

 

13.  Relocation of SCS's

 

(a)        The RTA may relocate SCS's, either temporarily or permanently, where another location is available within a reasonable distance.

 

(b)        Reasons for the transfer may include, but are not limited to:

 

Where an SCS is no longer required on a site for reasons outlined in clause 14 (c);

 

For performance management or disciplinary reasons; or

 

For other reasons at the RTA’s discretion.

 

(c)        SCSs are not entitled to relocation expenses.

 

14.  Termination

 

(a)        Subject to (b) below, permanent SCSs who wish to cease their employment must provide the RTA with at least two weeks’ notice.

 

(b)        Permanent SCSs who do not wish to continue their employment in a new school year must inform the RTA of their intention to cease their employment prior to 1 December of the previous year.

 

(c)        Should the RTA terminate the employment of permanent SCSs for any other reason, apart from serious or wilful misconduct, the RTA must provide the SCSs with the following period of notice (or payment in lieu), based on the length of continuous service:

 

Continuous service	Period of notice
Not more than 1 year	at least 1 week
More than 1 year, but less than 3 years	at least 2 weeks
More than 3 years, but less than 5 years	at least 3 weeks
More than 5 years	at least 4 weeks

 

NB: ‘service’ includes all time worked for the RTA since 1992

 

The period of notice shall be increased by one week where the SCS is over 45 years of age and has completed at least two years continuous service.

 

(d)        Reasons for termination of employment of permanent SCSs under (c) above may include, but are not limited to:

 

(i)         the installation of traffic signals at that site;

 

(ii)        the removal of a crossing;

 

(iii)       the installation of an overhead walkway or pedestrian underpass;

 

(iv)       the closure of a school.

 

(e)        Prior to terminating the employment of an SCS for any of the reasons outlined in paragraph (d) above, the RTA will seek to place SCS's at an alternate location within a reasonable distance.  The RTA cannot guarantee that SCS's will be allocated the same hours of duty if an alternate location is found.

 

15.  Training

 

(a)        The RTA will provide SCS's with training necessary to conduct their duties. SCSs must attend all training to which they have been directed.

 

(b)        Training will generally be provided outside of the normal working hours of a SCS or during school holidays as necessary.

 

(c)        The RTA must set aside a period of four weeks (in one or two blocks) during which no training can be organised.  This will allow permanent SCS's to have at least four weeks’ annual recreation leave per year.

 

(d)        The RTA must notify SCS's of the times for training to be undertaken in school holidays at least two months in advance.

 

(e)        Time spent training by permanent SCSs will be paid in line with the calculation for ‘additional hours’ and paid for in accordance with subclause 7(d).

 

(f)         Casuals will be paid for all time spent training in accordance with subclause 7(e).

 

(g)        Casuals required to travel more than 30 minutes to a training venue will be paid excess fares and for all time in excess of 30 minutes spent travelling.

 

16.  Criminal Record Checks

 

(a)        The RTA will undertake criminal record checks on SCSs for any offences relevant to their employment as a SCS:

 

prior to their appointment; and

 

at regular intervals; or

 

at the RTA’s discretion.

 

(b)        Such offences will include, but will not be limited to, the types of offences that prohibit employees from working with children under the Commission for Children and Young People Act 1998 (NSW).

 

(c)        The RTA may only take action against a SCS with a criminal record where the offence is related to their employment as a SCS or the offence is not related to their employment but they have not informed the RTA of their record. Such action may include summary dismissal.

 

(d)        SCSs must advise the RTA of any charge or conviction against them that may affect their ability to carry out their duties. Failure to notify the RTA of the charge or conviction may result in summary dismissal.

 

17.  Safety Clothing and Equipment

 

(a)        SCSs will be provided with the following safety clothing and equipment:

 

RTA Hat

 

RTA Safety Vest

 

Rain Coat

 

Rain Pants

 

Sun Screen 30+

 

Note Book and Pen

 

Bum Bag

 

Water Proof Cap

 

(b)        SCS's must use the safety clothing and equipment provided (and only the safety equipment provided) when on duty.

 

18.  Anti-Discrimination

 

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

 

(b)        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.

 

(c)        Nothing in this clause is to be taken to effect:

 

(i)         Any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(ii)        Offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

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

 

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

 

NOTES

 

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

 

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

 

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

 

19.  Grievance Resolution and Dispute Settlement

 

19.1      Grievance resolution

 

(a)        A grievance is defined as a personal complaint or difficulty.  A grievance may:

 

relate to a perceived denial of an entitlement

 

relate to a perceived lack of training opportunities

 

involve a suspected discrimination or harassment.

 

(b)        The RTA has a grievance resolution policy and grievance resolution guidelines and procedures which should be observed when grievances arise.

 

(c)        While the policy, guidelines and procedures are being followed, normal work will continue.

 

19.2      Dispute settlement

 

(a)        A dispute is defined as a complaint or difficulty which affects more than one staff member. A dispute may relate to a change in the working conditions of staff that is perceived to have negative implications for that group.

 

(b)        It is essential that management and the unions consult on all issues of mutual interest and concern, not only those issues that are considered likely to result in a dispute.

 

(c)        Failure to consult on all issues of mutual interest and concern to management and the unions is contrary to the intention of these procedures.

 

(i)         If a dispute arises in a particular work location which cannot be resolved between staff or their representative and the supervising staff, the dispute must be referred to the RTA's Manager Industrial Relations or another nominated officer who will then arrange for the issue to be discussed with the unions.

 

(ii)        If the issue cannot be resolved at this level, the issue must be referred to senior management.

 

(iii)       If the issue cannot be resolved at this level, the issue may be referred to the Industrial Relations Commission of NSW

 

(iv)      While these procedures are continuing, no work stoppage or any other form of work limitation shall occur.

 

(v)       The union/s reserve the right to vary this procedure where a genuine safety factor is involved in accordance with 8.7.3.

 

20.  Union Contributions

 

(a)        Where SCSs authorise the RTA in writing to deduct union fees from their wage, the RTA will where practical, make the deduction and forward it to the unions.

 

(b)        SCSs elected as job representatives, who have notified and have been accepted by the RTA as accredited representatives of the union(s) shall be allowed sufficient time during working hours to interview the supervisor, manager and/or the staff members who they represent on matters affecting staff.

 

21.  Code of Conduct and Ethics

 

(a)        RTA requires that all SCS's comply with the Code of Conduct and Ethics.

 

(b)        Where a disciplinary matter is alleged, suspected or know to have occurred, the SCS's manager is to take prompt action to:

 

Escalate the matter to senior management and/or the General Manager of Control Management Services or Human Resources as required

 

Conduct a fact-finding investigation, if and as required.

 

(c)        Interviews will be conducted to:

 

Present facts or alleged facts that could lead to disciplinary action being taken against the SCS(s)

 

Offer an opportunity for the SCS(s)to respond to the allegations or facts; and

 

Gather sufficient facts to enable a decision on whether disciplinary action is appropriate

 

(d)        Disciplinary action may be initiated when SCS's are involved in matters including but not limited to:

 

Corrupt conduct;

 

Misconduct;

 

Negligence, inefficiency or incompetence in the discharge of duties, or

 

Wilfully disobeying or disregarding any lawful request or direction given in the course of employment by any person having the authority to do so.

 

(e)        The RTA Discipline Policy and Discipline Guidelines, should be observed when disciplinary matters arise.

 

(f)         The RTA may suspend SCS's from duty with or without pay during disciplinary or criminal actions, as provided for by the Transport Administration (Staff) Regulations 2000.

 

(g)        As a result of a disciplinary breach being proven against SCSs, the RTA may choose to impose any one or more of the following sanctions:

 

a reprimand and warning;

 

transfer;

 

suspension from duty;

 

termination of service.

 

(h)        If a disciplinary sanction is to be made against an SCS, details of this will be given in writing.

 

(i)         Except in the case of termination of services without notice, SCSs will be given seven calendar days to respond in writing to the RTA regarding the sanction proposed or to provide any further relevant information. 

 

(j)         Offers of resignation will not be accepted until approved by the Disciplinary Panel if SCS's are likely to be, or currently are the subject of disciplinary action, where the reason for the action is:

 

serious misconduct;

 

misappropriation;

 

fraud, or

 

corrupt conduct.

 

(k)        The RTA retains the right to refer a disciplinary matter to the relevant external body where the RTA has reason to believe it is necessary.  This may include but is not limited to:

 

the Police;

 

the Independent Commission Against Corruption (ICAC);

 

the Ombudsman;

 

the Commission for Children and Young People

 

(l)         SCSs have the right to appeal any disciplinary action taken against you by the RTA before:

 

the Government Related Employees Appeal Tribunal (GREAT) or;

 

the NSW or Australian Industrial Relations Commission as is appropriate.  

 

This clause:

 

does not remove the RTA’s right to summarily dismiss a SCS for gross misconduct or fraud, should the Chief Executive consider such action appropriate.

 

must not be construed as requiring the taking of disciplinary proceedings in order that the RTA may dispense with the services of an RTA officer or any other employee of the RTA.

 

22.  Leave Reserved

 

Leave is reserved for the parties to review what is considered a ‘reasonable distance’ for the purposes of relocation during the life of the Award.

 

23.  Rates of Pay

 

 

 

 

F. MARKS  J.

 

 

 

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Printed by the authority of the Industrial Registrar.