South
Sydney City Council Wages Staff Award 2010
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1665 of 2008)
Before Mr Deputy
President Grayson
|
7 April 2010
|
REVIEWED
AWARD
1. Arrangement
PART A
Clause
No. Subject Matter
1. Arrangement
2. Area,
Incidence and Duration
3. Statement
of Intent
4. Anti-Discrimination
5. Grievance
and Dispute Settlement Procedures
6. Classification
Structure
7. Rates of
Pay
8. Salary
Sacrifice
9. Payment of
Wages
10. Terms of
Employment
11. Hours of
Work (including shift work)
12. Part-time
Employment
13. Casual
Employment
14. Consultative
Committee
15. Higher
Grade
16. Penalty
Rates
17. Overtime
18. Leave Entitlements
A. Annual Leave
B. Bereavement Leave
C. Personal Carer's Leave
D. Long Service Leave
E. Parental Leave
F. Sick Leave
G. Other Leave
19. Public
Holidays
20. Union
Picnic Day
21. Calculation
of Service
22. Uniforms,
Clothing and Safety
23. Workplace
Efficiency
24. Exemption
from Industrial Action
25. Tool
Allowance
26. Travelling
Expenses
27. Meal Breaks
28. Payment to
Dependants of a Deceased Employee
29. Delegates
Rights and Duties
30. Use of
External Resources (Contractors)
31. Termination
of Employment
32. Workplace
Change and Redundancy
33. Definitions
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Table 2 - Tool
Allowance
PART C
AWARD COVERAGE
Table 1 - Categories
of Employees
Schedule A -
Transitional Arrangements, Savings and Adjustments
2. Area, Incidence
and Duration
(i) This award will
be binding on:
(a) The Council of
the City of Sydney;
(b) the New South
Wales Local Government, Clerical, Administrative, Energy, Airlines &
Utilities Union;
(c) the Local
Government Engineers’ Association;
(d) the Development
and Environmental Professionals’ Association of New South Wales; and
(e) all employees of
the Council of the City of Sydney except those employed under the following
awards:
The City of Sydney Wages / Salary Award 2010, as
amended
South Sydney City Council Salaried Officers Award 2010,
as amended and
the Local Government (State) Award 2007, as amended.
(ii) This Award
shall be known as the South Sydney City Council Wages Staff Award 2010.
(iii) This Award
shall cover positions and grades referred to in Part C - Table 1 of this Award
and to any other subsequent positions created under this Award.
(iv) This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the South Sydney City Council Wages Staff Award
2002 published 16 May 2003 (339 I.G. 451), as varied.
(v) The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for Review of
Awards made by the Industrial Relations Commission of New South Wales on 28
April 1999 (310 I.G. 359) take effect on and from 10 April 2010.
(vi) This award
remains in force until varied or rescinded, the period for which it was made having
already expired.
3. Statement of
Intent
The parties to the Award are committed to:
(i) co-operating
positively to increase the efficiency and achieve greater flexibility to
workplace practices.
(ii) improving
skill levels and removing impediments to multi-skilling and broadening the
range of tasks that the employee may be required to perform.
(iii) eliminating
discrimination.
4.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
Chapter 1 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.
5. Grievance and
Dispute Settlement Procedures
(i) In the event of
a grievance or dispute the following procedure shall apply;
(a) The employee(s)
shall notify the supervisor in writing, giving details of the grievance or
dispute and the remedy sought.
(b) A meeting will
then be held between the employee(s) and the supervisor at the earliest
possible time to attempt to resolve the grievance or dispute.
(c) The grievance or
dispute must initially be dealt with as close to the source as possible. If
unresolved, the grievance or dispute may be referred to the next level of
supervision for consideration.
(d) If the matter
remains unresolved, the employee(s) may request that it be referred to their
divisional Director. A further meeting between the parties shall take place as
soon as possible.
(e) If the matter
remains unresolved, the Director shall provide the employee(s) with a written
response detailing the reasons for not implementing any proposed remedy.
(f) If the matter
remains unresolved it may be referred to the employee's union representative
and/or the Chief Executive Officer with the view to further discussion about
the problem.
(ii) During this
procedure:
(a) Reasonable time
limits must be allowed for completion of the various stages of discussion.
(b) A union delegate
or another employee may assist the employee(s) pursuing the grievance or
dispute.
(c) The work
practices existing prior to the dispute shall, as far as practical, continue to
proceed as normal.
(iii) The parties to
this award shall observe the Grievance and Dispute Settlement Procedure as set
out in this clause where the emphasis shall be placed on achieving a negotiated
settlement.
(iv) However, if the
negotiated process is exhausted without the grievance or dispute being
resolved, the parties may jointly or individually refer the matter to the
Industrial Relations Commission of New South Wales for assistance.
6. Classification
Structure
The classification structure has at its foundation a
consistent and rigorous process of determining relativities of positions.
(i) The
classification structure takes into account all the features of work, including
the nature of all conditions under which it is performed and any hazards that
may inevitably be experienced.
(ii) Movements
through each of the Levels shall be based on the acquisition and application of
additional skills over a prescribed period, which shall be a minimum of twelve
(12) months for any one Level. The minimum period is established to ensure that
the skills acquired can be applied to the full range of conditions that may
apply to the position and to an appropriate level of performance.
7. Rates of Pay
(i) The rates of
pay are set out in Table 1 of Part B of this Award.
(ii) The rates of pay
detailed at entry point and at each of the steps within each of the grades
include all skill based and disability allowances and other payments of
accreditation which applied prior to the making of this Award and take into
account the range of conditions under which all work is performed.
(iii) The
relationship between the entry rates of pay for Grades 5 to 8 and the
subsequent steps provides significant increases to staff who acquire and
utilise additional skills. This
relationship is detailed below:
Entry to Step 1 - 3.5%
Step 1 to Step 2 - 3.5%
Step 2 to Step 3 - 3.0%
(iv) Progression
Between the Levels of the Classification Structure as Detailed in Clause 6 -
Classification Structure, Shall be on the Basis of the Acquisition and
Application of Skills on the Job Over a Period Satisfactory to Assess Whether
the Employee Can Apply the Skill in a Range of Conditions and to an Acceptable
Level of Performance. This Period Shall be a Minimum of 12 Months.
8. Salary Sacrifice
An employee may agree to sacrifice a portion of their
pre-tax ordinary pay in accordance with Council’s Salary Sacrifice Policy.
9. Payment of Wages
(i)
(a) The Council will
pay the weekly wage due to each employee directly into an account bearing the
employee’s name at a mutually agreed financial institution (referred to as the
nominated account) subject to the following;
(1) The Council
reserves the right to limit the definition and number of financial institutions
that can be nominated.
(2) Employees must
supply full details of the nominated account to the Council prior to commencing
their employment.
(b) Time off during
normal working hours will not be required by employees, or authorised by
Council, for the purpose of obtaining cash or otherwise attending to the
accounts at the nominated financial institutions.
(ii) An employee
may authorise the Council to deduct payments on behalf of the employee,
provided the employee has given written notification authorising the
deduction(s).
10. Terms of
Employment
(i) To be eligible
for a permanent appointment a person must pass a full medical examination by
Council’s medical officer.
(ii) An employee,
who does not report for duty on any day for any reasons shall, as soon as
practicable after normal starting time on that day, give notice to the Council
or its authorised representative as to the reason for and prospective duration
of the absence.
(iii)
(a) Where an
employee is absent from duty for reasons which remove an entitlement to payment under this Award, the
Council may deduct from the wage of the employee, payment for all time not
worked.
(b) The Council
shall not make any deduction from wages for time lost owing to wet weather,
provided that the employee;
(1) shall continue
working until such time as the supervisor orders work to cease,
(2) shall stand by
as directed by the supervisor, and
(3) shall recommence
duty as directed.
(iv) Where an
employee is absent from duty without permission for a continuous period of one
ordinary working week, and the employee fails within such period to furnish an
explanation in writing for the absence satisfactory to the Council, the
employee’s employment shall be deemed to have abandoned their employment.
(v)
(a) The Council may
direct an employee to carry out such duties as are within the limits of an
employee's skill, competence and training, provided that such duties are not
designed to promote deskilling.
(b) An employee
shall carry out such duties as directed, including duties of a higher grade
position.
(c) Where an employee
is directed to perform work for which a lower grade, the employee shall not
suffer any reduction in rate of pay as a result of this arrangement.
11. Hours of Work
(i) Spread of Hours
- General
(a) The ordinary
hours of employees shall be 38 hours per week, worked between 6.00am and
8.00pm, Monday to Friday inclusive, except for unpaid meal breaks.
(b) The ordinary
hours of work shall not exceed 12 hours on any one day.
(c) Except in cases
of emergency (to be determined by the Council), the Council shall not alter the
starting and finishing time of any employee without first giving 7 days notice
of the change.
(ii) Arrangement of
Hours
(a) In respect of
36.25 hours per week employees, the ordinary hours of work may be arranged so
as not to exceed 72.5 hours within 2 weeks or 145 hours within 4 weeks.
(b) In respect of 38
hours per week employees, the ordinary hours of work may be arranged so as not
to exceed 76 hours within 2 weeks or 152 hours within 4 weeks.
(iii) Spread of
Hours - Shiftworkers
(a) The ordinary
hours of a shift worker shall be worked in shifts as rostered between Saturday
to Friday inclusive, as follows;
(1) Motor Mechanics
on night shift at the garage shall work 32 hours per week in not more than 5
shifts in 7 consecutive days,
(2) Cleansing
Service Operators on night cleansing duties shall work 32 hours per week, and
(3) all other
shiftworkers shall work 38 hours per week between 6.00am and 8.00pm.
(b) For the 32 hours
per week employees prescribed in paragraphs (1) and (2) of this subclause, a
shift penalty of 11.5 per cent shall apply, except for a shift worked on a
public holiday. This penalty is in lieu of the 30 per cent night shift
prescription, in accordance with the 32 hours per week arrangement (Clause 16 -
Penalty Rates) carried over from the former Sydney City Council (as a result of
boundary changes and or amalgamations prior to 8 May 2003).
(iv) Shiftworker -
General
(a) A
"Caretaker" or "Emergency Services Officer" may be required
to work broken shifts provided that not more than 2 shifts shall be worked
without payment of overtime in any one day.
(b) Other than
provided in paragraph (a), a shiftworker shall not be required to work;
(1) in broken
shifts, or
(2) more than 11
shifts in 14 consecutive days without payment of overtime.
(c) All shift work
shall be rostered and the starting and ceasing time of ordinary working hours
shall be shown in this roster.
(d) There shall be
an interval of at least 8 hours between termination of any shift and
commencement of the next succeeding shift.
(v) Changes in Hours
Arrangements by Agreement - A different arrangement or spread of hours to that
set out in subclauses (i), (ii), (iii) and (iv) may be agreed upon by the
Council and the employee(s) concerned.
Any such agreement will be genuine with no compulsion to agree. At any stage of the negotiations, either the
employee(s) or Council may seek assistance from the appropriate union or
association.
(vi) Transfer of
Employees to Shift Work
(a) In order to meet
the needs of the industry, the Council may introduce shift work or transfer a
day worker to shift work, provided;
(1) agreement is
reached with the Union concerned, or
(2) in the absence
of agreement, the dispute is referred to the appropriate Conciliation Commissioner.
In this case a day worker shall not be transferred to shift work until the
dispute has been resolved.
(b) The provisions
of paragraph (a) of this subclause shall not apply to;
(1) shift work
already in operation as at the date of making the award, or
(2) Council’s right
to transfer a day worker to shift work to perform the duties of a shift worker
temporarily absent from duty.
(vii) Redistribution
of Daily Working Hours - The Chief Executive Officer and the Secretary of the
Union concerned may enter into an agreement for the adoption of a scheme for
working a nine day fortnight or a nineteen day month. Time worked during these periods shall be treated as the ordinary
hours of duty for the employee(s) concerned.
12. Part-Time
Employment
(i) A part time
employee shall mean an employee who is employed to work regular days and
regular hours, either of which are less than the number of days or hours worked
by weekly employees employed by the Council, but such days shall not be less
than 1 day per week and such hours shall not be less than 4 hours per week and
shall be worked in accordance with Clause 11, Hours of Work of this Award.
(ii) Prior to
commencing part-time work, Council and the employee shall agree upon the
conditions under which the work is to be performed including:
(a) The hours to be
worked by the employee, the days upon which they shall be worked and the
commencing and finishing times for the work
(b) The nature of
the work to be performed
(c) The rate of pay
as paid in accordance with this Award
(iii) The conditions
may also stipulate the period of part-time employment
(iv) The conditions
may be varied by consent
(v) The conditions
or any variation to them must be in writing and retained by Council. The
Council must provide the employee with a copy of these conditions.
(vi) A part-time
employee may work more than their regular number of hours at their ordinary
hourly rate by agreement.
(vii) Part-time
employees shall receive all conditions prescribed by the Award on a pro-rata
basis of the regular hours worked.
(viii) Where a public
holiday falls on a day where a part-time employee would have regularly worked
the employee shall be paid for the hours normally worked on that day.
13. Casual Employment
(i) A casual employee
shall mean an employee engaged on a day to day basis.
(ii) A casual
employee shall be paid an hourly rate for ordinary hours worked in accordance
with Clause 11, Hours of Work.
(iii) Overtime shall
be paid where a casual employee works outside the ordinary hours for that
position.
(iv) Loading - In
addition to the amounts prescribed by subclause (ii) of this Clause, a twenty
five percent loading, calculated on the ordinary hourly rate, shall be paid.
This loading shall be paid in lieu of all leave and public holidays prescribed
by the Award.
14. Consultative
Committee
(i) The Joint
Consultative Committee comprising of employee and management representatives,
will continue to provide a forum for consultations between the Council and its
employees on matters effecting efficiency and productivity, award restructuring
and career opportunities for employees.
(ii) All members of
the Joint Consultative Committee should undergo appropriate training to ensure
effective participation in the Joint Consultative Committee.
15. Higher Grade
(i) An employee,
required to perform the normal duties of a position which is at a higher grade
within the wages system, shall be paid the entry level for that grade,
provided;
(a) the payment in
the higher grade position shall be a minimum increase of 2.5%,
(b) the payment
shall be made for the time actually spent relieving in the higher position, and
(c) where an
employee acts higher grade for a period of 4.5 hours, the higher grade will be
paid for the full day.
(ii) An employee
who is appointed to a higher position shall be paid the rate of the higher
classification from and inclusive of the date of appointment.
(iii)
(a) Where a vacant
position has been filled by a higher grade appointment for a period of three
months, the Council shall take the necessary steps to make a permanent
appointment to the position.
(b) This provision
shall not apply to a position vacated on approved leave.
(iv) On-the-job-training
- The provision of this Clause shall not apply to an employee who performs the
whole or part of the duties of a higher grade position for the purpose of
gaining experience or training, provided that the appointed occupant remains on
duty and retains the responsibilities of the position during this time.
16. Penalty Rates
(i) Except as
otherwise provided, all employees are entitled to the following penalty rates:-
(a) Rotating shifts,
Monday to Friday inclusive:-
(1) Morning Shifts -
For all ordinary time worked which commences after 4.00am and before 5.30am -
ordinary rates plus 15%.
(2) Afternoon Shifts
- For all ordinary time worked which finishes after 8.00pm and at or before
midnight - ordinary rates plus 15%.
(3) Night Shifts -
For all ordinary time worked which finishes after midnight and at or before
8.00am - ordinary rates plus 15%.
(4) Day Shifts - For
all ordinary time worked other than in (1), (2) and (3) above - ordinary rates.
(b) Permanent
Shifts, Monday to Friday inclusive:-
(1) Morning Shifts
(as defined in subclause (a) (1)) - ordinary rates plus 15%.
(2) Afternoon Shifts
(as defined in subclause (a) (2)) - ordinary rates plus 15%.
(3) Night Shifts (as
defined in subclause (a) (3)) - ordinary rates plus 30%.
(c) Weekend and
Public Holiday Shifts:
(1) Saturday Shifts
- For all ordinary time worked, the major portion of which falls between
midnight Friday and midnight Saturday - ordinary rates plus 50%.
(2) Sunday Shifts -
For all ordinary time worked, the major portion of which falls between midnight
Saturday and midnight Sunday - ordinary rates plus 100%.
(3) Public Holiday
Shifts - For all ordinary time worked, the major of which falls on a public
holiday - ordinary rates plus 150%.
(d) Prescribed 32
Hour Week Workers:-
(1) Permanent night
shift (as defined in sub clause (a) (3)), Monday to Friday - ordinary rates
plus 11.5%.
(2) Saturday Shifts
(as defined in subclause (c) (1)) - ordinary rates plus 25%.
(3) Sunday Shifts
(as defined in subclause (c) (2)) - ordinary rates plus 75%.
(4) Public Holiday
Shifts (as defined in subclause (c) (3)) - ordinary rates plus 150%.
(ii)
(a) Transfer of
Employee to Shift Work - Except as provided for in paragraph (b) of this
subclause, a day worker required by the Council to transfer to shift work shall
be paid for all morning, afternoon and night shifts worked in the first week
after transfer, as follows;
(1) if transferred
to a 38 or 36.25 hour week roster - ordinary rates plus 50%.
(2) if transferred
to a 32 hours week roster - ordinary rates plus 25%.
(b) A day worker
engaged upon day work, who requests and obtains a transfer to shift work, or as
a result of having applied for and obtained a position involving shift work,
shall not be entitled to the additional payments prescribed by this subclause.
(iii) Notice for
Change in Roster - Where the employer changes the roster of a rostered shift
worker, other than a shift worker rostered for relief work, without having
first given the employee 48 hours clear notice of the change, the employee
concerned shall be paid for the first shift worked on the altered roster at the
rate of ordinary time plus 100%.
(iv) The provisions
of this Clause shall not apply to a Caretaker in receipt of free quarters.
17. Overtime
(i) The Council may
require an employee to work reasonable overtime.
(ii) All time
worked by direction before the commencement of ordinary hours, or later than
the completion or ordinary hours, shall be paid at the rate of time and a half
for the first two hours and double time thereafter.
(iii) Saturday -
Overtime worked on Saturday shall be paid for at the rate of time and a half
for the first two hours and double time thereafter, provided any overtime
worked after 12 noon on Saturday shall be paid for at the rate of double time.
(iv) Sunday -
Overtime worked on Sunday shall be paid for at the rate of double time.
(v) Public Holidays
(a) Overtime worked
on a Public Holiday as prescribed by this award shall be paid for at the rate
of double time during those hours which would be ordinary hours of work.
(b) Any portion of
overtime worked on a Public Holiday outside the employee's ordinary working
hours of work shall be paid for at the rate of triple time.
(c) The payments
prescribed in paragraphs (a) and (b) shall be addition to the employee's normal
pay for the holiday, where such an entitlement arises under this award.
(vi) Overtime worked
on any day, whether in broken periods or otherwise, shall be regarded as
continuous.
(vii) Where the major
portion of a period of overtime worked extends into a Sunday or Public Holiday,
the whole of the overtime shall be deemed to have been worked on the Sunday or
Public Holiday, as the case may be.
(viii) Where overtime
commences or terminates at an hour where the usual means of transport are not
available, the Council shall provide, or pay for, suitable transport direct to
the employee's home.
(ix) Minimum Payment
- an employee who has ceased work and returned home shall, if required to
resume and cease work before the employees normal starting time, receive a
minimum payment equivalent to four (4) hours work at the appropriate overtime
rates. The provisions of this Clause shall not apply to the following;
(a) To a Caretaker
residing on premises at the place of employment.
(b) Where an
employee ceases work without permission or at the request of the employee,
before normal ceasing time for such work.
(x) Ten Hour Break
(a) Overtime
required to be worked by Council shall be arranged so that the employee has at
least a ten consecutive hour break between the completion of work on one day
and the commencement of work on the next.
(b) Where overtime
is not arranged as set out in paragraph (a) of this subclause, the employee
upon completion of such overtime, shall be granted ten (10) consecutive hours
off duty without loss of pay for ordinary working time. If an employee is
instructed to resume work without having had ten consecutive hours off duty,
the employee shall be paid at double ordinary rates until such time as the ten
hour break is granted.
(xi) Time Off in
Lieu of Overtime - Where there is prior agreement between the Council and the
employee, an employee directed to work in excess of ordinary hours may elect
either to be paid the appropriate overtime rate or be granted time off in lieu
equivalent to the actual hours worked. This paragraph shall not apply to
employees who are on call or called back to work. Such time must be taken
within three (3) calendar months of accrual otherwise overtime rates will be
applied.
(xii) Shiftworkers
(a) Non continuous
overtime - a shift worker called back to work overtime shall be paid at the
rate of double time.
(b) Public Holidays
(1) Overtime worked
by a shiftworker on a Public Holiday shall be paid at the rate of double time
and one half.
(2) Any time worked
by a shift worker on a Public Holiday that falls between the employee’s
ordinary rostered working hours shall not be regarded as overtime and shall be
paid for at the appropriate penalty rates.
18. Leave
Entitlements
A. ANNUAL LEAVE
(i) Annual Leave
shall accrue to full-time employees at the rate of 20 days per annum and part
time employees at the rate of one and two thirds days per month on a pro-rata
basis.
(ii) If any special
or public holiday for which an employee is entitled to payment occurs during
the period of their annual leave, the leave period will be extended to account
for such paid holidays.
(iii) If both
parties agree, the leave may be taken in any combination of separate periods,
provided the leave is due and taken in whole days.
(iv) If both parties
agree, annual leave may be taken wholly or partly in advance.
(v) If employed for
a full year, a part time employee shall be entitled to annual leave calculated
on a proportionate basis.
(vi) Rostering -
Council may roster the taking of annual leave and, unless otherwise agreed
between both parties, the date fixed for this purpose will be within a period
of twelve months after the annual leave became due.
(vii)
(a) Notice by
Council - The Council shall give employees at least one month’s notice of the
date upon which they are to proceed on annual leave. In the case where annual
leave is rostered, notice of at least two months will be given.
(b) Notice by
Employee - The employee is required to give 2 weeks notice of the intention to
take leave.
(viii)
(a) Employees are
entitled to receive their ordinary pay for the holiday period in full prior to
proceeding on annual leave.
(b) Higher Grade -
Where an employee performs duties of a higher grade for a continuous period of
at least three calendar months immediately proceeding the taking of annual
leave, and the employee has not ceased to do such work for an aggregate period
of more than five working days, the employee shall be paid for the annual
holiday at the rate applicable to the higher classification.
(c) Loading - In
addition to the payment prescribed in paragraphs (a) and (b) of this subclause,
an employee shall be paid a loading equivalent to 17.5% of four weeks ordinary
wage in respect of each four weeks annual leave accruing. However, in the case
of an employee engaged on rostered shift work for a period of twelve months
prior to the taking of annual leave, the employee shall continue to be paid the
penalty rates relevant to the existing or projected roster, or the loading
prescribed by this paragraph, whichever is the greater.
(ix) On resignation
or termination of employment, the Council shall pay to the employee, or the
duly authorised legal representative of the employee, all annual leave due to
the employee. This shall include payment for any annual leave due to the
employee on a proportionate basis. The amount payable shall be calculated at
the employee’s ordinary rate of pay applicable at the date of termination.
B. BEREAVEMENT LEAVE
(i) Where an
employee, other than a casual employee, is absent from duty because of the
death of a person in accordance with paragraphs (a) to (e) below and provides
satisfactory evidence to council of such, the employee shall be granted two
days leave with pay upon application. Persons in respect of whom bereavement
leave may be claimed shall include;
(a) a spouse of the
employee; or
(b) a de-facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, 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 paragraph:
‘relative’ means a person related by blood, marriage or
affinity;
‘affinity’ means a relationship that one spouse because
of marriage has to blood relatives of the other; and
‘household’ means family group living in the same
domestic dwelling.
(ii) Bereavement
leave shall be taken within a reasonable period as soon as practicable from the
date of the death of the individual.
(iii) Employees will
be entitled to an additional three days bereavement leave following the death
of a parent (including foster and step-parent), spouse (including de-facto
partner and same sex partner) or child (including step, foster child).
(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.
(iv) Bereavement
Entitlements for Casual Employees
a. Subject to
providing satisfactory evidence to Council, casual employees are entitled to
not be available to attend work, or to leave work upon the death of a person
prescribed in sub-clause 23.1 paragraphs (a) to (e) above.
b. Council and the
employee shall agree on the period for which the employee will be entitled to
not be available to attend work. In the absence of agreement, the employee is
entitled to not be available to attend work for up to 48 hours (i.e. two days)
per occasion. The casual employee is not entitled to any payment for the period
of non-attendance.
c. Council must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of Council to engage or
not engage a casual are otherwise not affected
C. PERSONAL CARER’S
LEAVE
(ii) Personal
Carer’s leave is available to:
(a) provide care
and/or support for sick members of the employee’s family or household when they
are ill or require care due to an unexpected emergency; or
(b) provide for the
flexible use of other entitlements.
The personal carer’s leave described in this section C
is available to full time and part time staff - but not casual staff.
(iii) The
entitlement to use leave in accordance with this section C is subject to the
employee being responsible for the care and support of the Person Concerned.
For the purposes of this section C and section C(A), a
‘Person Concerned’ refers to a person who needs the employee’s care and support
and is:
(a) a spouse of the
employee; or
(b) a de-facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, 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 paragraph:
’relative’ means a person related by blood, marriage or
affinity
‘affinity’ means a relationship that one spouse because
of marriage has to blood relatives of the other: and
‘household’ means family group living in the same
domestic dwelling.
(iv) An employee,
other than a casual or other employee that receives a loading in lieu of sick
leave, with responsibilities in relation to a person who needs their care and
support shall be entitled to use the untaken sick leave, from that year’s
annual sick leave entitlement, to provide care and support for such persons
when they are ill or require care due to an unexpected emergency.
(v) Sick leave
accumulates from year to year. In addition to the current year’s grant of sick
leave available under (ii) above, sick leave untaken from the previous year may
also be accessed by an employee with responsibilities in relation to a person
who needs their care and support.
(vi) The Council
may, in special circumstances, make a grant of additional sick leave. This
grant can only be taken from sick leave untaken prior to the period referred in
(iv) above.
(vii) 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 or establish by production of
documentation the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
(viii) The employee
shall, wherever practicable, give the Council 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 Council by
telephone of such absence at the first opportunity on the day of absence.
(ix) In normal
circumstances, the employee must not take leave under this section C where
another person has taken leave to care for the same person.
(x) An employee may
elect, with the consent of the Council, to take:
(a) annual leave,
including annual leave not exceeding ten days in single day periods or part
thereof, in any calendar year at a time or times agreed by the parties;
(b) an employee may elect
with the Council’s agreement to take annual leave at any time within a period
of 24 months from the date at which it falls due;
(c) long service
leave; or
(d) leave without
pay for the purpose of providing care and support to the person concerned as
defined in (ii)
(xi) Personal Carers
entitlements for casual staff:
(a) Subject to the
evidentiary and notice requirements in (vi) to (ix), casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a Person Concerned (as defined in (ii)) who is sick and requires care
and support, or who requires care due to an unexpected emergency, or the birth
of a child.
(b) The Council and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (ie two days)
per occasion. The casual employee is not entitled to any payment for the period
of non-attendance.
(c) The Council must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this part. The rights of the Council to engage or
not to engage a casual employee are otherwise not affected.
CA - FLEXIBLE WORK
PRACTICE ALTERNATIVE TO PERSONAL CARER’S LEAVE
(i) Time off in
Lieu of Payment of Overtime:
(a) An employee may
elect, with the consent of the Council, to take time off in lieu of payment of
overtime at a time or times agreed with the Council within 12 months of the
said election.
(b) Overtime taken
as time off during ordinary time shall be taken at the ordinary time rate, that
is, one hour off for each hour of overtime worked.
(c) If, having
elected to take time as leave in accordance with (i)(a) above, the leave is not
taken for whatever reason, payment for time accrued at overtime rates shall be
made at the expiry of the 12 month period from the date the overtime was
worked, or earlier by agreement, or on termination.
(a) Where no
election is made in accordance with (i)(a) the employee shall be paid overtime
rates in accordance with the relevant industrial instrument.
(ii) Use of make-up
time:
(a) An employee may
elect, with the consent of the Council, to work "make up time".
"Make-up time" is worked when the employee takes time off during
ordinary hours for family or community service responsibilities, and works
those hours at another time, during the spread of ordinary hours provided in
the relevant industrial instrument, at the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the Council, to work "make-up
time" (under which the employee takes time off during ordinary hours and
works those hours at another time) at the shift work rate which would have been
applicable to the hours taken off.
D. LONG SERVICE LEAVE
(i)
(a)
(1) An employee
shall be entitled to long service leave at their ordinary rate of pay as
follows:
Length of Service
|
Entitlement
|
|
|
Prior to 22/8/83
|
Since 22/8/83
|
After 5 years of service
|
NA
|
6.5 weeks
|
After 10 years of service
|
13 weeks
|
13 weeks
|
After 15 years of service
|
19.5 weeks
|
21.5 weeks
|
After 20 Years Service
|
30.5 weeks
|
35 weeks
|
For every completed period of 5 years service
|
11 weeks
|
13 weeks
|
thereafter
|
|
|
|
|
|
|
(2) Long service
leave shall accrue in accordance with the above table and proportionately for
each completed month of service.
(b) Where an
employee has completed more than 5 years service with the Council and is
terminated for any cause, the employee or the authorised or legal representative
of the employee, shall be paid the monetary equivalent of all long service
leave accrued but not taken by the employee at the date of termination. The
entitlements shall be calculated in accordance with the table set out in part
(a) of subclause (i) of this Clause.
(ii) Notice
(a) The Council must
give the employee at least one month’s notice of the granting of long service
leave.
(b) The employee is
required to give 2 weeks notice of the intention to take long service leave.
(iii) If both parties
agree, accrued long service leave may be taken in separate periods of not less
than one week.
(iv) Employees are
entitled to receive their ordinary pay for the period of long service leave
prior to taking long service leave.
(v) The period of
long service leave will be extended by any public holidays or award holidays
that may fall during the period of leave.
(vi)
(a) For the purpose
of calculating long service leave entitlements in accordance with subclause (i)
(a) of this clause all prior continuous service with any other Council within
New South Wales shall be deemed to be service with Council.
(b) Continuity of
service shall be deemed not to be broken by transfer or change of employment
from another Council provided the period between cessation of service and the
date of employment with South Sydney City Council does not exceed three months.
(vii) Where an
employee is employed in accordance with the provisions of this award and transfers to another Council and the
employee elects to transfer accrued long service leave entitlements, Council
will pay to the newly employing Council the monetary equivalent of all long
service leave accrued by the employee at the time of transfer. However, an
employee who at the time of transfer has completed at least five years
continuous service may elect to be paid the monetary equivalent of the
entitlement.
E. PARENTAL LEAVE
(i) Parental Leave
will be interpreted consistent with the provisions of Part 4, Parental Leave of
the Industrial Relations Act 1996 as amended and the (NSW) Family
Provisions Case 2005.
(ii) Parental Leave
includes maternity leave, paternity or partner leave or adoption leave.
(iii) An employee is
only entitled to parental leave if the employee has had at least 12 months
continuous service.
(iv) Parents cannot
take parental leave at the same time except periods of short paternity or
partner leave or periods of short adoption leave.
(v) Entitlement
(a) an employee is
entitled to a total of 52 weeks parental leave in connection with the birth or
adoption of a child; and
(b) parental leave
is not to extend beyond 1 year after the child was born or adopted.
(vi) Paternity or
Partner Leave
(a) Paternity or
partner leave is leave taken by an employee in connection with the birth of a
child of the employee or the employee’s spouse (being a child born as a result
of the pregnancy of that spouse).
(b) Paternity Leave
consists of up to 2 weeks leave on full pay or 4 weeks on half pay at the time
of birth of the child or termination of pregnancy (short leave in accordance
with Clause E (iv); and
(c) a further
unbroken period including 4 weeks on full pay or 8 weeks on half pay in order
to be the primary care-giver of the child
(d) Paternity or
partner leave is subject to the employee providing a certificate from a
qualified medical practitioner confirming the employee’s spouse or partner is
pregnant and the expected date of birth. In addition, in the case of paternity
or partner leave taken in accordance with (c) above, the employee must, before
the start of leave, provide a statutory declaration by the employee stating:
(i) If applicable,
the period of any maternity leave sought or taken by the employee’s spouse or
partner, and
(ii) That the
employee is seeking that period of extended paternity or partner leave to
become the primary care-giver of their child
(vii) Maternity Leave
(a) An employee who
has completed 12 months continuous service and who produces a medical
certificate from a legally qualified medical practitioner stating that she is
pregnant and specifying the expected date of delivery shall be entitled to:
18 weeks full pay; or
36 weeks half pay from the date maternity leave
commences;
(b) The employee
will provide at least 10 weeks written notice of the intention to take leave.
(c) Other
arrangements for maternity leave shall be in accordance with the Council’s
Parental Leave Policy.
(viii) Adoption Leave
(a) Adoption Leave
is leave taken by a male or female employee in connection with the adoption by
an employee, or a partner of an employee, of a child under the age of 18
years. Adoption leave consists of:
an unbroken period of up to 3 weeks unpaid leave at the
time of the placement of the child with the employee; and a further unbroken
period in order to be the primary care-giver of the child
An employee, entitled to adoption leave, who adopts a
child under the age of 5 years shall be entitled to:
18 weeks full pay; or
36 weeks half pay
(b) Adoption leave
is subject to the employee providing:
a statement from an adoption agency or another
appropriate body of the expected date of placement of the child with the
employee for adoption purposes and
a statutory declaration by the employee stating, where
applicable, the period of any adoption leave sought or taken by the employee’s
spouse or partner, and that the employee is seeking that period of extended
adoption leave to become the primary care-giver of their child
(c) For the purposes
of this Clause, spouse includes a de facto spouse.
(ix) Notice of
Intention to Take Parental Leave
(a) The employee
should give at least 10 weeks’ written notice of their intention to take leave.
(b) In the case of
maternity leave and paternity leave the employee must give 4 weeks’ written
notice of the dates on which the leave will commence and end.
(c) In the case of
adoption leave the employee must give written notice of the dates on which the
employee proposes to start and end the period of leave as soon as practicable
but at least 14 days before proceeding on leave.
(x) Right to Request
(a) An employee
entitled to parental leave may request the Council to allow the employee to:
(i) extend the
period of simultaneous parental leave use up to a maximum of eight weeks;
(ii) extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) return from a
period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The Council shall
consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or Council’s business. Such grounds might include
cost, lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
(c) The employee's
request and Councils decision made under (x)(a)(ii) and (x)(a)(iii) must be
recorded in writing.
(d) Request to
return to work part-time - Where an employee wishes to make a request under
(x)(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(xi) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the Council will take reasonable
steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the Council about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the Council of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a) above.
F. SICK LEAVE
(i) Definition -
Sick Leave is paid leave of absence (payable at the ordinary rate) which is
granted to an employee when the employee is unable to perform his/her duties on
account of illness or injury.
(ii) Entitlements
(a) Upon appointment
- 15 days
(b) Upon completion
of each 12 months of service subsequent to appointment - 15 days.
(c) Sick leave shall
be cumulative from year to year
(d) Part-time
employees shall have pro-rata entitlement to sick leave calculated upon the
number of hours worked per year.
(iii) Notification
of absence
(a) An employee
unable to attend work through illness or injury shall contact their supervisor
or designated person as soon as practicable.
(b) Where possible
the employee shall advise their supervisor of the anticipated length of their
absence from work.
(iv) Provision of
Medical Certificates
(a) When an employee
is absent from work owing to illness or injury for a period in excess of two
consecutive working days (inclusive of weekends) the employee must provide a
certificate from a qualified medical practitioner, confirming that the employee
was unfit to attend work for the period claimed as sick leave. This certificate must be dated within 3 days
from and inclusive of the first day of absence.
(b) When an employee
has three (3) absences (including carer’s leave absences) not supported by a
medical certificate in a year, the employee is required to furnish a medical
certificate for all future absences for the balance of that service year.
(c) When an absence
on sick leave is likely to extend for a period longer than 5 days, the employee
shall provide a medical certificate to their supervisor which shows the
anticipated date of return.
(d) When the absence
extends beyond the date shown on the initial certificate issued, the employee
shall submit a new certificate which shows the anticipated date of return and
will continue to provide such certificates until the employee returns to work.
(e) Requests for
payment of sick leave shall be submitted on the appropriate form supplied by
the Council.
(v) Direction to
attend a Medical Examination
Council may direct an employee to attend a medical
practitioner nominated by the Council:
(a) when it appears
unlikely that the employee will resume their employment; or
(b) when the absence
is likely to be for a period which will exhaust the employees entitlements to
be paid sick leave; or
(c) the employee is
ill so frequently as to raise the question of fitness to carry out the duties
of their substantive position.
(d) when an
explanation for illness contained in a medical certificate is vague or
insufficient.
(vi) Sick Leave
Without Pay
(a) Where an
employee has exhausted all accrued sick leave entitlements and the employee is
unable to attend for duty owing to illness or injury, the period of absence
shall be regarded as sick leave without pay.
(b) An employee’s
entitlement to sick leave without pay will be 60 days.
(c) Periods of sick
leave without pay shall count as service provided
(i) the maximum
period or periods of sick leave without pay does not exceed a total of 60 days.
(vii) Public holidays
or rostered recreation days occurring during a period of absence due to sick
leave, shall not be counted as sick leave.
(viii) Higher Grade -
Where an employee performs duties of a higher grade for a continuous period of
at least three (3) months immediately proceeding the taking of sick leave, and
the employee has not ceased to do such work for an aggregated period of more
than five (5) working days, the employee shall be paid for the sick leave at
the rate applicable to the higher classification for a maximum of 20 days for
any one absence.
(ix) Illness when on
Annual/Long Service Leave - If an employee becomes sick or is injured whilst on
annual leave or long service leave, the employee may elect to have the period
of illness treated as sick leave and at a time convenient to the Council take
additional holiday leave equivalent to the period of illness, provided:-
(a) the period of
illness or injury is at least 7 days
(b) the illness or
injury is supported by medical evidence satisfactory to the Council confirming
that the employee was housebound.
(x) Refund of Sick
Pay - Where an employee obtains a verdict for damages or an amount of money in
settlement of a claim for damages against a third party in respect of an injury
or illness for which the employee has received sick pay in accordance with the
provisions of this Clause, the employee shall refund to the Council any such
sick pay paid by the Council insofar as the verdict or settlement includes an
amount in respect of such sick pay.
(xi) Council’s
liability under this clause in respect of one continuous absence of sick leave
is limited to 315 days for staff employed as at 11 February 1980 and 260 days
for those employees commencing employment on and after the 12 February 1980.
G. OTHER LEAVE
(i) Jury Leave
Full time or part time employees required to attend
jury service will be paid an amount equal to the difference between what the
employee is paid for jury service and what an employee would have been paid if
they had worked their rostered hours.
19. Public Holidays
(i) New Year’s Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s
Birthday, Labour Day, Christmas Day, Boxing Day and any other days proclaimed
as public holidays by the New South Wales State Government will be holidays
under this Award.
(ii) In addition to
the days provided for in subclause (i), employees who are Aboriginal and Torres
Strait Islanders shall be entitled to one day during NAIDOC week so that they
can participate in National Aboriginal and Islander Day celebrations.
(iii) Where a
holiday occurs on a day on which an employee is rostered off while employed on
a rotating roster system, the employee shall be paid an ordinary day’s pay for
that day. This payment shall be in addition to an ordinary week’s pay, provided
that the additional amount paid for the public holiday does not exceed eight
hours pay.
(iv) Where an
employee is required to perform higher grade duties for the full day proceeding
or following a public holiday, the employee shall be paid for the holiday at
the higher grade rate.
(v) An employee who
is absent without pay on the working days immediately before and following a
public holiday shall not be entitled to payment for the holiday.
20. Union Picnic Day
(i)
(a) Union Picnic Day
shall for the purposes of this Award be regarded as a holiday for employees who are financial members of the
union(s). The Union Picnic Day shall be
held on a day that is agreed to by the Council and the Union(s).
(b) The union(s)
shall advise the Council of financial members as at the time of the Union
Picnic Day. Such advice must be given
at least two weeks prior to the Union Picnic Day.
(ii) Where an
employee, who is not a financial member of the union(s), is required to work on
Union Picnic Day, the employee shall be paid ordinary pay for the normal
working day.
(iii) Employees who
are not financial members of the Union(s) and who are not required by Council
to work on Union Picnic Day may apply to the Council to take annual leave, time
off in lieu of overtime, leave without pay, such other leave as may be approved
by Council, or may be required by Council to make up overtime.
21. Calculation of
Service
(i) For the purpose
of this award, the following periods shall be taken into account in calculating
service with the Council;
(a) any leave of
absence with pay approved by Council,
(b) any leave of
absence without pay approved by Council but not exceeding one ordinary working
week,
(c) periods of
absence due to accident or incapacity for work covered by the Workers Compensation
Act 1987,
(d) previous periods
of service which were not terminated by resignation or dismissal, and
(e) any period of
service with the Australian Military Forces provided that the employee enlisted
or was called up direct from the service of the South Sydney City Council and
the employee subsequently returned to Council’s service.
(ii) Sick Leave
without Pay - where sick leave has been approved by Council, the period of
leave shall count as service, provided;
(a) the maximum
period or periods of leave without pay to count as service does not exceed a
total of 60 days,
(b) any periods of
sick leave without pay approved to count as service shall be aggregated so that
the maximum available throughout the employee’s employment with Council shall be
limited to a total amount of 60 days, and
(c) where the
incapacity is due to war caused disabilities accepted by the Department of
Veteran’s Affairs, the employee shall be entitled to have counted as service
one additional week for each year of the employee’s service.
22. Uniforms,
Clothing and Safety
(i) Where the
Council provides an employee with a uniform or safety/protective clothing,
including safety footwear;
(a) The Council
shall pay for the cost of clothing.
(b) The employee
shall wear and use such clothing (including footwear) to achieve the purpose
for which it was supplied.
(c) The Chief
Executive Officer shall determine the style, nature, quality and quantity of
clothing.
(d) Lost or damaged
clothing due to an employee’s misuse or negligence shall be replaced or paid
for by the employee to whom the clothing was issued.
(ii)
(a) All employees
will comply with safety regulations and wear all safety equipment and clothing at all times.
(b)
(1) An employee who
fails or refuses to wear safety clothing (including footwear) will not be
permitted to commence work and will be sent home to collect the clothing. The employee shall receive no pay for the
absence.
(2) An employee who
continues to breach the provisions of this clause will be subject to
disciplinary action.
23. Workplace
Efficiency
(i) The union(s)
and employees concerned will cooperate in relation to the introduction of
mechanisation or technological changes in the Council, depending on prior
consultation. This is to enable advantage to be taken of new or improved
technology so as to achieve efficiency gains, both monetary and otherwise, by
enabling the most suitable plant and equipment to be used, and to facilitate
the introduction of mechanisation or technological changes.
(ii) Where the
Council does not have specialised equipment or plant, or where purchase of such
equipment could not be financially justified, or where work involves expertise
beyond Council’s staff, or in special circumstances, contractors may be used to
perform work concerned.
(iii) The Council
may reintroduce time clocks and/or attendance books for all personnel with no
loss of privilege to current individual staff exempted at present.
(iv) The Council may
rearrange lunch breaks to increase effective working time and reduce disruption
to the workforce.
(v) To achieve
increases in effective working time, existing practices shall be altered so
that;
(a) Morning/afternoon
tea breaks are to be taken where the employee is working; and
(b) The maximum period
of 10 minutes changing, showering and washing time, allowed as a concession to
those employees whose normal duties necessitate that they have a shower or a
wash before departing, shall not be exceeded.
(vi) To shorten the
waiting time for stores and materials, to obtain more effective use of working
time and to facilitate faster completion of jobs, employees concerned will
cooperate with management in the early planning of stores acquisitions and
related matters.
(vii) Trades staff
are to cooperate with management in improving, where feasible, the orderly and
economical scheduling of work to be done by the various trades concerned in
jobs where more than one trade is involved.
(viii) Employees will
co-operate in the introduction of future improvements in working practices and
procedure and improved and more efficient working methods where reasonable and
will cooperate in reducing costs where practicable.
24. Exemption from
Industrial Action
The unions agree that the following permanent
exemptions shall apply in relation to all industrial action:
(i) Council may
engage contractors to provide security services in relation to the
Administrative Offices and Council Chambers complex, if Council deems it
necessary for public safety and/or the protection of property;
(ii) Emergency
Services Officers are exempt from all industrial action;
(iii) community
services, including meals-on-wheels and other services to aged persons, the
food cooperative service, the tenants’ support service, shall be exempt from all
industrial action;
(iv) watering and
care of all horticultural material, including nursery stock, seedlings,
specialised turf sporting areas and complexes shall be exempt;
(v) at the
Administrative Offices and Council Chambers, the following shall be exempt from
all industrial action;
(a) the staffing of
the Administrative Offices’ vehicular entrances;
(b) the staffing of
the Administrative Offices’ pedestrian entrances;
(c) the staffing of
the Council Chambers’ main entrance;
(d) the work of the
roving patrols of the Administrative Offices and Council Chambers;
(e) the Mayor’s
Officer;
(f) Council’s Pest
Controller and their plant and equipment;
(g) watching
services required by law at Council’s depots shall be exempt from all
industrial action.
25. Tool Allowance
(i) The Council
shall provide all necessary tools for all employees, except a tradesperson in
receipt of a tool allowance.
(ii)
(a) The rate per
week for tool allowances is set out in Table 2 of Part B of the Award.
(b) The allowance
paid shall be deemed to apply in respect to the full range of tools ordinarily
used in the performance of the employee’s trades, occupation and duties.
(iii) The Council
shall;
(a) Provide a
suitable and secure weather proof lock-up for the purpose of storing employees’
tools on the job.
(b) Insure and keep
insured against loss or damage by fire or theft while on Council’s premises,
such tools of employees as are necessary and used during the course of their
employment.
(iv) The employee
shall, if requested to do so, provide the Council with a list of tools used.
(v) The Council
shall provide tools, other than those expected to be provided by a Tradesperson
and for which the allowance is paid. Any argument about this matter is to be
dealt with in accordance with the dispute procedure of the Award or referred to
the Joint Consultative Committee for consideration.
26. Travelling
Expenses
(i) An employee may
apply for a monetary advance to cover those costs which can be determined prior
to the required travel.
(ii) Upon
presentation of receipts or other accepted documentation, the employee may
claim for reimbursement of all reasonable expenses incurred (less any advance
paid) in connection with the employee’s duties as directed.
(iii) Travel arrangements,
including accommodation, shall be arranged mutually between the employee and
the appropriately authorised Council employee.
27. Meal Breaks
(i) Unpaid Breaks -
An unpaid break of a minimum of 30 minutes shall be given and taken within the
first 5 hours of continuous work.
(ii) Payment when
meal break not able to be taken -
(a) Overtime - An
employee required to work overtime for 2 hours or more immediately after the
agreed finishing time shall be granted a meal break not exceeding 20 minutes. Where
an employee is required to work a further 4 hours following the first 2 hours
of overtime a break of 20 minutes shall be taken each subsequent 4 hours
worked.
(b) Shiftwork - An
employee working shiftwork shall be granted a paid crib break of 30 minutes in
each shift.
(iii) All meal and
crib breaks shall be taken at the direction of the Council.
(iv) Meal and crib
breaks shall not be regarded as an interruption to overtime.
(v)
(a) Except in cases
of extreme emergency, an employee shall not be required to work continuously
for more than 5 hours without a meal or crib break.
(b) Where this is
required, an employee shall be paid at the rate of double ordinary rates for
all ordinary time worked after the expiry of the 5-hour period. This payment
will continue until the meal break is granted or until normal finishing time,
whichever is earlier.
(c) Extension of
Meal Break - Where there is prior agreement between the Council and the
employee(s), the taking of meal breaks may be extended beyond 5 hours without
the payment of overtime. Agreements
reached in relation to the extension of meal breaks must be genuine.
28. Payment to
Dependants of a Deceased Employee
Where the service of an employee is terminated by death and
the employee has an entitlement to payment for annual and/or long service
leave, then the amount to which the employee would have been entitled shall be
paid by the Council to the estate of the deceased employee upon notification.
29. Delegates’ Rights
and Duties
(i) The parties agree
that the following procedures shall be followed to ensure that issues taken up
by delegates on behalf of union members do not interfere or disrupt workplace
operations or efficiency.
(ii) Notification
of Delegates - The union shall notify the Council in writing the name(s) of
delegate(s) elected to represent their union within 48 hours of their election.
(iii) Conducting
Union Business
(a) Before attending
union business or meetings arranged with Council management, delegates shall
notify their supervisor prior to leaving and immediately upon their return to
the workplace. Delegate(s) shall also advise their supervisor of the estimated
time they will be absent from the workplace.
(b) Failure to
follow the provision set out in (a) above may result in the delegate concerned
not being paid for the period of absence away from the workplace.
(c) Supervisors will
not unreasonably withhold permission for a delegate to carry out union business
on behalf of the members they represent.
(d) Delegates will
also observe these procedures and recognise the need to balance their absence
from the job on union business with the requirement for acceptable work
performance.
(iv) It is the duty
of union delegates in performing their functions to follow all requirements lawfully
imposed by the Council.
(v) Annual
Conference - Council will allow delegates, who are elected to attend the
union’s annual conference, paid leave of absence for the duration of the
conference, provided that where there is more than one accredited delegate per
union, such leave with pay shall be at the discretion of the Chief Executive
Officer.
30. Use of External
Resources (Contractors)
(i) Council has a
commitment to a viable, efficient and flexible day workforce that will respond
to community expectations in the performance of its work programs.
(ii) Whilst
acknowledging the circumstances where external resources are used (refer to
paragraph (v) of Clause 23 - Workplace Efficiency), Council gives a commitment
to;
(a) develop its
staff to become competitive, efficient and responsive to changing climates, and
(b) provide
meaningful and rewarding work to its employees.
(iii) The parties
recognise that there needs to be effective communication in relation to all
issues associated with contracting, particularly at the workplace level. To
facilitate this;
(a) Unit Managers
will communicate on a regular (say monthly) basis with the appropriate
delegate(s) and supervisors as necessary to discuss these issues.
(b) Access is then
available to Divisional Directors Departmental Heads about unresolved problems
raised at monthly meetings.
(c) Should a matter
still remain unresolved it may, without restricting the parties rights under
the Disputes Settlement Procedure, be referred to the Joint Consultative
Committee for further consideration.
31. Termination of
Employment
The Council will apply the Industrial Relations Act,
1996 if it terminates the employment of an employee.
(i) In
circumstances which might lead to the Council terminating an employee’s
employment, the Council will apply the provisions of Part 6 of the Industrial
Relations Act, 1996. It will also
apply the matters set out in this clause.
(ii) The Industrial
Relations Act, 1996 sets out the employee’s rights if their employment is
terminated by the Council. The Council
is committed to applying the Act.
However, the Act does not become part of this Award. Therefore an employee’s rights are not
frozen if the Act changes.
(iii) Instead of
giving the employee notice set out in this clause, the Council can pay the
employee for the notice period or can reduce the notice period and pay the
employee for that reduction. If the
Council chooses to pay the employee instead of allowing her/him to work for the
full notice period, it will calculate the amount it pays the employee at their
ordinary rate of pay for the ordinary hours he/she worked during the period of
notice.
(iv) If the employee
decides to leave the Council’s employment, then they must give to the Council
two weeks notice. If the employee does
not give the Council the correct amount of notice the Council can deduct from
any money it owes to the employee the amount they would have earned if they had
worked their ordinary hours for the period of notice they have given.
(v) The employment
of a full time or part time employee may be terminated by the giving of notice
or the forfeiture by the employee of payment in lieu of notice. This shall not affect the right of the
Council to dismiss an employee without notice in the case of an employee guilty
of serious misconduct, that is, misconduct of such a nature that it would be
unreasonable to require the Council to continue the employment of the employee
concerned during the required period of notice.
(vi) The Council
shall give to an employee a period of notice of termination in accordance with
the following table.
Employee's Period
of Continuous Service
|
Period of Notice
|
Less than 2 years
|
2 weeks
|
2 years and less than 3 years
|
3 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and beyond
|
4 weeks
|
(vii) For the purpose
of this Clause "serious misconduct" includes:
(a) wilful, or
deliberate, behaviour by an employee that is inconsistent with the continuation
of the contract of employment; and
(b) conduct that
causes imminent, and serious, risk to:
(i) the health, or
safety of a person; or
(ii) the reputation
of the Council
(viii) For the
purposes of subsection (vii) of this Clause, conduct that is serious misconduct
includes:
(a) the employee, in
the course of the employee’s employment, engaging in:
(i) theft; or
(ii) fraud; or
(iii) assault; or
(b) the employee
being intoxicated at work; or
(c) the employee
refusing to carry out a lawful and reasonable instruction that is consistent
with the employee’s contract of employment; or
(d) the employee is
guilty of a breach of the Council’s Code of Conduct and/or disciplinary code as
may be varied by the Council from time to time.
(ix) If an employee
is unhappy about how the Council applies this clause to an employee, he or she can
use the dispute settlement procedure set out in Clause 5 - Grievance and
Dispute Settlement Procedure.
(x) If the Council
has given notice, it will give the employee up to one day off without loss of
pay so that he or she can look for other employment. The employee can take time off when it is convenient for he or
she and the Council, after the employee has consulted with the Council.
(xi) In any case
where it has been established to the satisfaction of the Chief Executive
Officer, or a duly authorised representative, that an employee has been guilty
of serious misconduct or breach of discipline, the Chief Executive Officer may
do the following instead of terminating the employee’s employment:
(a) suspend the
employee for a period not exceeding one ordinary working week; and/or
(b) defer payment of
a wage increment and/or
(c) reduce the rate
of the employee’s hourly rate either permanently or for a specified period.
(xii) An employee
with more than two months service on leaving or being discharged shall, upon
request, be given a certificate of service in writing. Such certificate of service shall contain
information as to the length and nature of the employment of the employee.
(xiii) Council shall,
provide an employee whose employment has been terminated, an "Employment
Separation Certificate" in the form required by the relevant government
department or agency.
32. Workplace Change
and Redundancy
(i) Council's Duty
to Notify
(a) Where the
Council has made a definite decision to introduce major workplace changes, such
as restructuring or technology, that is likely to have a significant effect on
its employees, Council shall notify the employees who may be affected and the
union to which they belong.
(b) A 'significant
effect' could include:
Termination of employment,
Major changes to the composition, operation, skill
requirements or size of Council's workforce,
The elimination or diminution of job opportunities,
promotion or job tenure,
The alteration of hours of work,
The need for retraining or transfer of employees to
other work or locations, and
The restructuring of jobs
(ii) Council's Duty
to Discuss Change
(a) In addition to
providing notification, Council will discuss the introduction of major
workforce changes with affected staff and their union representatives,
including the likely impact the changes may have on employees, and measures
that may be implemented to avert or mitigate any adverse affects.
(b) Council shall
commence discussions and provide all relevant information about the proposed
changes as early as possible.
(iii) Discussion
before Termination
(a) Where Council
has made a definite decision that it no longer wishes the job being performed
by an employee to be done by that individual or any other employee and, as a
consequence of this decision, the individual's employment may be terminated,
discussions will be held with that employee and their union representatives.
(b) The Council will
also provide all relevant information about the proposed terminations, including
the reasons for the proposed terminations, the number and categories of staff
likely to be affected and the number of employees normally employed by the
Council, as well as the period over which the terminations are likely to be
carried out.
(iv) Notice to
Government Agencies
In the event of termination(s), the Council will
provide the relevant government agencies, such as Centrelink, with information
regarding the redundancies as soon as possible. The information will include
the number and categories of employees likely to be affected and the period
over which the terminations will be carried out.
(v) Notice to
Employee
(a) Council will
provide five weeks notice to terminate, or payment in lieu of such notice,
except in circumstances where a redundancy has arisen due to the introduction
of new technology.
(b) Where an
employee is to be terminated because of the introduction of new technology, the
employee shall be entitled to three months notice of termination or payment in
lieu of such notice.
(c) Notice or
payment of notice under this subclause shall count as service for the purposes
of calculating leave entitlements.
(vi) During a period
of notice of termination given by Council, an employee shall be allowed up to
one day off without loss of pay during each week of notice for the purpose of
seeking other employment. Where required by Council the employee shall provide
proof of attendance at an interview.
(vii) Redundancy
Entitlements
In addition to any required period of notice as
provided in subclause (v) of this Clause, an employee shall be entitled to the
following;
Year of Service
|
Payment
|
0-1 year
|
2 weeks
|
1-2 years
|
6 weeks
|
2-3 years
|
10 weeks
|
3-4 years
|
14 weeks
|
4-5 years
|
16 weeks
|
5-6 years
|
18 weeks
|
6 years and beyond
|
20 weeks + 2 weeks for each additional year of service up
to
|
|
a maximum of 34 weeks
|
In addition, an employee shall be entitled to any other
benefits determined by Council policy, to apply in relation to redundancy
arrangements.
(viii) Council shall,
upon receipt of a request from an employee to show employment has been
terminated, provide to the employee a written statement specifying the period
of the employee's employment and the classification or the type of work
performed by the employee.
(ix) Council shall,
upon receipt of a request from an employee whose employment has been
terminated, provide to the employee an "Employment Separation
Certificate" in the form required by the relevant Government department or
agency.
(x) Wherever
practical and reasonable, voluntary redundancy remains Council's preferred
option for managing staff who, firstly have been identified as surplus to needs
as a result of workplace change and secondly, wish to leave Council.
(xi) Redeployment
(a) Wherever
practical and reasonable, redeployment remains council’s preferred option for
management of surplus staff.
(b) Salary
Maintenance - where an employee has been identified for redeployment and is
transferred in accordance with Council’s policy, salary maintenance to the
level of the employee’s substantive position will be provided for a period
limited to 12 months from the date of redeployment. Thereafter the employee will receive the rate applicable to their
redeployed position. Future award
increases will be absorbed until parity to the new redeployed rate is achieved.
33. Definitions
(i) Afternoon Shift
means ordinary daily working hours which finish after 8.00pm and at or before
midnight, Monday to Friday inclusive, except a public holiday.
(ii) Building
Tradespeople means a group of employees who have successfully completed an
apprenticeship in any one of the following trades; Bricklaying, Carpentry,
Painting, Plastering, Signwriting, Stonemasonry, Tiling.
(iii) Child means a
child of the employee or the employee’s spouse under the age of one year.
(iv) Cleansing
Service Operator means a person employed in refuse collection or street and
gutter sweeping.
(v) Council Worker
means a person employed in the broadband classification of Council Worker to
carry out general labouring and operating duties (including minor trades work,
driving and plant operating).
(vi) Dismissal means
termination of the services of an employee for reasons of serious misconduct.
(vii) Employee means
a person appointed to a classification prescribed by the Award.
(viii) Employer means
the Council of the City of Sydney and includes the Chief Executive Officer or
any person authorised to act on the Council’s behalf.
(ix) Holiday Shift
means the ordinary daily working hours of a shift worker, the major portion of
which fall on a public holiday.
(x) Hourly Rates
shall be calculated by dividing the appropriate weekly wages by the ordinary
weekly hours.
(xi) Maternity Leave
is leave taken by a female employee in connection with the pregnancy of the
birth of a child of the employee.
Maternity Leave consists of an unbroken period of leave.
(xii) Mechanical
Tradesperson means a group of employees who have successfully completed an
apprenticeship as Motor Mechanic, Fitter or Welder and includes people
classified as a Mechanical Tradesperson Special Class and Parking Meter
Mechanic.
(xiii) Morning Shift
means ordinary daily working hours which commence after 4.00am and before
5.30am, Monday to Friday inclusive, except a public holiday.
(xiv) Ordinary Rate
means the weekly rate of wages prescribed for a classification in this Award.
(xv) Paternity or
Partner Leave is leave taken by a male or same sex employee in connection with
the birth of a child of the employee or the employee’s spouse.
(xvi) Primary Care Giver
means a person who assumes the principal role of providing care and attention
to a child.
(xvii) Resignation
means voluntary termination of employment by the employee in accordance with
this Award.
(xviii) Shift Work means
work regularly carried on outside the normal spread of hours during times set
out in a roster.
(xix) Spouse includes
a de-facto or former spouse.
(xx) Trainee means an
employee who is less than 18 years of age and who is undertaking an approved
traineeship under the Modern Apprenticeship and Traineeship System (MAATS).
(xxi) Union means an
organisation of employees registered under the New South Wales Industrial
Relations Act 1996.
PART B
MONETARY RATES
Table 1
Clause 7 - Rates
of Pay
Annual Pay Rates
|
|
|
|
|
|
Apprentices
|
Trainees
|
Rate per annum
|
Apprentice Year 1
|
15 years of age or School
|
$25,545
|
|
Certificate
|
|
Apprentice Year 2
|
16 years of age or School
|
$29,392
|
|
Certificate
|
|
Apprentice Year 3
|
17 years of age
|
$33,549
|
Apprentice Year 4
|
18 years of age or Higher
|
|
|
School Certificate
|
$37,787
|
|
|
|
|
|
Trades and Non Trades
|
|
|
|
|
|
Grade
|
Entry Salary
|
Step 1
|
Step 2
|
Step 3
|
1
|
$38,591
|
|
|
|
2
|
$40,268
|
|
|
|
3
|
$42,828
|
|
|
|
4
|
$44,184
|
|
|
|
5
|
$45,377
|
$46,965
|
$48,610
|
$50,066
|
6
|
$46,581
|
$48,215
|
$49,903
|
$51,398
|
7
|
$48,170
|
$49,859
|
$51,604
|
$53,155
|
8
|
$50,185
|
$51,944
|
$53,765
|
$55,377
|
Table 2
Clause 25 - Tool
Allowance
|
|
|
Annual Tool Allowances
|
Classification
|
Annual Rate
|
Bricklayer
|
$969
|
Carpenter and Plumber
|
$1,305
|
Metal and Mechanical Trades
|
$1,305
|
Painter and Signwriter
|
$394
|
Plasterer
|
$1,108
|
Electrician
|
$871
|
Stonemason
|
$1,305
|
PART C
AWARD COVERAGE
Table 1 -
Categories of Employees
Categories of employees who may be employed under this
Award.
Apprentices
|
Rates of Pay as Specified
|
|
|
Labouring/ Operational/ Driver
|
Grade 1 (entry); Grade 2 (entry); Grade 3
|
|
(entry); Grade 4 (entry)
|
|
|
Operational/ Supervision
|
Grade 5 (entry); Grade 5 (Step1); Grade 5
|
|
(Step 2)
|
|
|
Council worker Grade 4 with Civil Construction
|
Progression to Grade 5 (entry);
|
Certificate III or Horticultural Certificate III
|
|
|
|
Council Worker Grade 5 with Civil Construction
|
Progression to Grade 7 (Step 1)
|
Certificate III or Horticultural Certificate III
|
|
|
|
Parking Station Attendant
|
Grade 4 (entry); Grade 5 (entry); Grade 5
|
|
(step 1)
|
|
|
Street Sweeper
|
Grade 3 (entry); Grade 4 (entry)
|
|
|
Refuse Collection/ Labourers
|
Grade 5 (entry); Grade 5 (Step1); Grade 5
|
|
(Step 2)
|
|
|
Cleansing Driver (Major Plant)
|
Grade 5 (Step 2); Grade 5 (Step 3)
|
|
|
|
|
Gardeners - Building Trades
|
Grade 6 (entry); Grade 6(Step 1); Grade 7
|
|
(Step 1)
|
|
|
Drainers (Unlicensed)
|
Grade 7 (entry); Grade 7 (Step 1)
|
|
|
Drainers (Licensed / Registered) - Plumbers (Registered/
|
Grade 7 (Step 1); Grade 7 (Step 2)
|
Unlicensed)
|
|
|
|
Plumbers (Registered/ Licensed)
|
Grade 8 (Step 1); Grade 8 (Step 2)
|
|
|
Electricians (unlicensed)
|
Grade 7 (entry)
|
|
|
Electricians (licensed)
|
Grade 7 (Step 1); Grade 8 (Step 1); Grade 8
|
|
(Step 2)
|
|
|
Welder/ Motor Mechanic (with Motor Vehicle Repair
|
Grade 7 (entry); Grade 7 (Step 1)
|
Allowance)
|
|
|
|
Mechanical Tradesperson (Special Class or Equivalent)
|
Grade 8 (Step 1); Grade 8 (Step 2)
|
Schedule A
Transitional
Arrangements, Savings and Adjustments
South Sydney Wages Staff Award 2010
1. Paid Paternity
or Partner Leave provisions in accordance with Clause 18 E vi b and 18 E vi c
will apply where the child referred to in Clause 18 E is born on or after 10
April 2010. The employee shall, if required, establish by either production of
a copy of the birth certificate or certification from a medical practitioner, the
date of birth of the child.
2. Paid Maternity
Leave provisions in accordance with Clause 18 E vii a will apply where the
child referred to in Clause 18 E is born on or after 10 April 2010. The
employee shall, if required, establish by either production of a copy of the
birth certificate or certification from a medical practitioner, the date of
birth of the child.
3. Paid Adoption
Leave provisions in accordance with Clause 18 E viii a will apply where the
child referred to in Clause 18 E is adopted on or after 10 April 2010. The
employee shall, if required, establish by the production of a statement from an
adoption agency or another appropriate body, the date of adoption of the child.
4. The weekly rate
of pay referred to in Clauses 18 E vi, vii and viii will be based on the
employee’s substantive hourly salary times the average number of ordinary
weekly hours worked over the preceding 12 months.
5. Paid
Bereavement Leave in accordance with Clause 18 B iii will only apply in
relation to the death, of a parent, spouse or child, on or after 10 April 2010.
6. Notwithstanding
any other provisions of this Award, the rate of pay to an employee under this
provision:-
a. shall not be
less than the rate payable to the employee under the Award, as varied, rescinded
and replaced by this Award for the classification of the said rescinded Award,
as varied, to which the employee was substantively appointed immediately prior
to the date of the making of this Award; and
b. the increases
in pay rates provided in this award have been varied to incorporate all
increases in pay rates flowing from State Wage Case decisions.
J.
P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.