NSW Aboriginal Land Council Staff Award 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales, Industrial Organisation of Employees.
(No. IRC 1522 of
2006)
Before The Honourable
Justice Schmidt
|
17 March 2006
|
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Application
5. Award History
6. Coverage
7. Statement
of Intent
8. Work
Environment
9. Grievance
and Dispute Settling Procedures
10. Employment
Termination Procedures
11. Local
Arrangements
12. Working
Hours
13. Morning
and Afternoon Breaks
14. Meal
Breaks
15. Variation
of Hours
16. Natural
Emergencies and Major Transport Disruptions
17. Assistance
with Transport
18. Notification
of Absence from Duty
19. Public
Holidays
20. Standard
Working Hours
21. Flexible
Working Hours
22. Non-Compliance
23. Excess
Travelling Time
24. Waiting
Time
25. Travelling
Allowances - General
26. Meal
Expenses on one day Journeys
27. Travelling
Allowances when staying in Non NSWALC Provided Accommodation
28. Travelling
Allowances when staying in NSWALC Provided Accommodation
29. Restrictions
on payment of Travelling Allowances
30. Increase
or Reduction in Payment of Travelling Allowances
31. Production
of Receipts
32. Travelling
Distance
33. Allowance
Payable for Use of Private Motor Vehicle
34. Damage to
Private Motor Vehicle Used for Work
35. Overseas
Travel
36. Exchanges
37. Compensation
for Damage to or Loss of Staff Member’s Private Property
38. Garage and
Carport Allowance
39. First Aid
Allowance
40. Review of
Allowances Payable in terms of this Award
41. Trade
Union Activities Regarded as on Duty
42. Trade
Union Activities Regarded as Special Leave
43. Trade
Union Training Courses
44. Conditions
applying to On-Loan Arrangements
45. Period of
Notice for Trade Union Activities
46. Access to
facilities by Trade Union Delegates
47. Responsibilities
of the Trade Union Delegate
48. Responsibilities
of the Trade Union
49. Responsibilities
of Workplace Management
50. Right of
Entry Provisions
51. Travelling
and Other Costs of Trade Union Delegates
52. Industrial
Action
53. Consultation
and Technological Change
54. Deduction
of Trade Union Membership Fees
55. Leave -
General Provisions
56. Absence
from Work
57. Applying
for Leave
58. Adoption
Leave
59. Long
Service Leave
60. Family and
Community Service Leave
60A. Bereavement
Leave
61. Leave without
Pay
62. Maternity
Leave
63. Observance
of Essential Religious or Cultural Obligations
64. Parental
Leave
65. Recreation
Leave
66. Annual
Leave Loading
67. Sick Leave
68. Sick Leave
- Requirements for Medical Certificate
69. Sick Leave
to Care for a Family Member
70. Sick Leave
- Workers Compensation
71. Sick leave
- Claims other than Workers Compensation
72. Special
Leave
73. Staff
Development and Training Activities
74. Study
Assistance
75. Overtime -
General
76. Rate of
Payment for Overtime
77. Recall to
Duty
78. Overtime
Meal Breaks
79. Overtime
Meal Allowances
80. Payment
for Overtime or Leave in Lieu
81. Calculation
of Overtime
82. Review of
Overtime Meal Allowances
83. Provision
of Transport in Conjunction with Working of Overtime
84. Salary Sacrifice
85. Anti-Discrimination
85A. Secure
Employment
86. Salary
& Wages
87. No Extra
Claims
88. Leave
Reserved
89. Redundancy
Provisions
90. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Allowances
Table 2 - Rates of
Pay
2. Title
This award shall be known as the NSW Aboriginal Land Council
Staff Award 2006.
3. Definitions
"Act" means the NSW Aboriginal Land Rights
Amendment Act 2001.
"Accumulation" means the accrual of leave or time.
In respect of weekly study time "accumulation" means the aggregation
of short periods of weekly study time which is granted for private study
purposes.
"Agreement" means an agreement as defined in the Industrial
Relations Act 1996.
"Approved Course" means a course relevant to the
employment of the staff member in the New South Wales Aboriginal Land Council
and approved by the Chief Executive Officer.
"Association" means the Public Service Association
and Professional Officers' Association Amalgamated Union of New South Wales.
"At the convenience of" means the operational
requirements permit the staff member's release from duty or that satisfactory
arrangements are able to be made for the performance of the staff member's
duties during the absence.
"Award" means an award as defined in the Industrial
Relations Act 1996.
"Birth" means the birth of a child and includes
stillbirth.
"Capital City rate" means the travelling allowance
rate applicable within the Sydney Telephone District or within a corresponding
area in the Capital City of another State or Territory.
"Casual Employee" means an employee engaged on a
day to day basis or hour per hour.
"Casual rate" means the appropriate rate payable
in respect of a motor vehicle maintained by the staff member for private
purposes but which the staff member may elect to use with the approval of the
Chief Executive Officer for occasional travel on official business, subject to
the allowance paid for such travel not exceeding the cost of travel by public
or other available transport.
"Chief Executive Officer" means the chief
administrative officer of the NSW Aboriginal Land Council or a person
authorised by the Chief Executive Officer.
"Contract hours for the day" for a full time staff
member, means one fifth of the full time contract hours, as defined in this
award. For a part time staff member,
contract hours for the day means the hours usually worked on the day.
"Daily rate" or "Rate per day" means the
rate payable for 24 hours, unless otherwise specified.
"Daily span of hours" means, for a staff member
required to work standard hours, the full time standard hours defined in this
award. For a staff member required to
work flexible hours, the "daily span of hours" means the hours which
normally fall within the bandwidth of the scheme applicable to the staff member
and which do not attract payment for overtime, unless otherwise prescribed in
this award.
"Day worker" means a staff member, who works the
ordinary hours from Monday to Friday inclusive between the hours of 7.30 am.
and 6.00 pm. or as negotiated under a local arrangement.
"Expected date of birth", in relation to a staff
member who is pregnant, means a date specified by her medical practitioner to
be the date on which the medical practitioner expects the staff member to give
birth as a result of the pregnancy.
"Extended Leave" means extended (long service)
leave to which a staff member is entitled under the provisions of Schedule 3
Section 55 of the Public Sector Employment & Management Act 2002, as
amended from time to time.
"Flexible working hours credit" means the time
exceeding the contract hours for a settlement period and includes any time
carried over from a previous settlement period or periods.
"Flexible working hours debit" means the contract
hours not worked by a staff member and not covered by approved leave during the
settlement period, as well as any debit carried over from the previous
settlement period or periods.
"Flexible working hours scheme" means the scheme outlined
in the NSW Aboriginal Land Council Flexitime Working Hours Policy as it applies
to professional and administrative staff.
"Flex leave" means a period of leave available to
be taken by a staff member as specified in subclause (n) of clause 21 Flexible
Working Hours of this award.
"Full day" means the standard full time contract
hours for the day, i.e., seven or eight hours depending on the classification
of the staff member.
"Full pay" or "half pay" means the staff
member's ordinary rate of pay or half the ordinary rate of pay respectively.
"Full-time contract hours" means the standard
weekly hours, i.e., 35 hours per week, depending on the classification,
required to be worked as at the date of this award.
"Full-time position" means a position which is
occupied, or if not for being vacant, would be occupied, by a full-time staff
member.
"Full-time staff member" means a staff member
whose ordinary hours of duty are specified in this award.
"Half day" means half the standard contract hours
for the day.
"Headquarters" means the centre to which a staff
member is attached or from which a staff member is required to operate on a
long-term basis.
"Industrial action" means industrial action as
defined in the Industrial Relations Act 1996.
"Local Arrangement" means an agreement reached at
the organisational level between the Chief Executive Officer and the Public
Service Association in terms of clause 11, Local Arrangements of this award.
"Long Service Leave" means long service leave to
which a staff member is entitled under the provisions of the Long Service
Leave Act 1955.
"Normal hours of duty" means:
for a staff member working standard hours - the fixed
hours of duty, with an hour for lunch, worked in the absence of flexible
working hours;
for a staff member working under a flexible working
hours scheme or local arrangement negotiated under Clause 11 - Local
Arrangements - the hours of duty the Chief Executive Officer requires a staff
member to work within the bandwidth specified under the flexible working hours
scheme or local arrangement.
"Normal work" means, for the purposes of subclause
(ix) of clause 9, Grievance and Dispute Settling Procedures of this award, the
work carried out in accordance with the staff member’s position or job description
at the location where the staff member was employed, at the time the grievance
or dispute was notified by the
"Official business rate" means the appropriate
rate of allowance payable for the use of a private motor vehicle where no other
transport is available and such use is directed by the Chief Executive Officer
and agreed to by the staff member or where the staff member is unable to use
other transport due to a disability.
"Official overseas travel" means authorised travel
out of Australia by a staff member where the staff member proceeds overseas on
official business.
"On duty" means the time required to be worked for
the NSW Aboriginal Land Council. For
the purposes of Clause 41 - Trade Union Activities Regarded as on Duty of this
award, "on duty" means the time off with pay given by the New South
Wales Aboriginal Land Council to the accredited union delegate to enable the
union delegate to carry out legitimate trade union activities during ordinary
work hours without being required to lodge an application for leave.
"On loan" means an arrangement between the NSW
Aboriginal Land Council and the Public Service Association where a staff member
is given leave of absence from the workplace to take up employment with the
staff member’s trade union for a specified period of time during which the
Public Service Association is required to reimburse the New South Wales
Aboriginal Land Council for the staff member's salary and associated on-costs.
"On special leave" means the staff member is
required to apply for special leave in order to engage in an activity which
attracts the grant of special leave in the terms of this award.
"Overtime" means all time worked, whether before
or after the ordinary daily hours of duty, at the direction of the Chief Executive
Officer, which, due to its character or special circumstances, cannot be
performed during the staff member’s ordinary hours of duty. Where a flexible
working hours scheme is in operation, overtime shall be deemed as the hours
directed to be worked before or after bandwidth or before or after the time
specified in a local arrangement made pursuant to the provisions of clause 11,
Local Arrangements of this award provided that, on the day when overtime is
required to be performed, the staff member shall not be required by the Chief
Executive Officer to work more than 7 hours after finishing overtime or before
commencing overtime.
"Partner" means a person living with the staff
member as the partner of that staff member on a bona fide domestic situation.
"Part-time entitlement", unless specified
otherwise in this award, means pro rata of the full-time entitlements
calculated according to the number of hours a staff member works in a part-time
position or under a part-time arrangement.
"Part-time hours" means the hours which are less
than the hours which constitute full-time work under the relevant industrial
instrument.
"Part-time position" means a designated part-time
position and, unless otherwise specified, includes any position which is filled
on a part-time basis.
"Part-time staff member" means a staff member
whose ordinary hours of duty are specified as part-time in a formal industrial
instrument or whose contract hours are less than the full-time hours.
"Prescribed ceasing time" means, for a staff
member working standard hours, the conclusion of daily standard hours for that
staff member. For a staff member working under a flexible working hours'
scheme, "prescribed ceasing time" means the conclusion of bandwidth
of the scheme applying to that staff member.
"Prescribed starting time" means, for a staff
member not working under a flexible working hours scheme, the commencement of
standard daily hours of that staff member. For a staff member working under a
flexible working hours scheme, "prescribed starting time," means the
commencement of bandwidth of the scheme applying to that staff member.
"Public holiday" means a day proclaimed as a
public holiday. This definition does not
include a Saturday which is such a holiday by virtue of section 15A of that
Act, and 1 August or such other day that is a bank holiday instead of 1 August.
"Recall to duty" means those occasions when a
staff member is directed to return to duty outside the staff member’s ordinary
hours or outside the bandwidth in the case of a staff member working under a
flexible working hours scheme.
"Relief staff" means staff employed on a temporary
basis to provide relief in a position until the return from authorised leave of
the substantive occupant or in a vacant position until it is filled
substantively.
"Residence", in relation to a staff member, means
the ordinary and permanent place of abode of the staff member.
"Secondment" means an arrangement agreed to by the
Chief Executive Officer, the staff member and another public service
department, a public sector organisation or a private sector organisation which
enables the staff member to work in such other organisation for an agreed
period of time and under conditions agreed to prior to the commencement of the
period of secondment.
"Staff Member" means a casual, temporary or
permanent employee of the NSW Aboriginal Land Council and includes both
full-time and part-time staff employed by the NSW Aboriginal Land Council other
than the Chief Executive Officer and all Station and Farm Managers and all
other employees within the scope of the Pastoral Employees (State) Award. For the purposes of Clause 62 Maternity
Leave of this award, "staff member" means a female staff member.
"Short leave" means the leave which was available
to be granted to staff in the case of pressing necessity and which was replaced
by the family and community service leave from 20 September 1994.
"Standard hours" are set and regular hours of
operation as determined by the Chief Executive Officer. Standard hours are
generally the hours which were in operation prior to the introduction of
flexible working hours or have been determined as standard hours for the NSW
Aboriginal Land Council since the introduction of flexible working hours.
"Standby" means an instruction given by the Chief
Executive Officer to a staff member to be available for immediate contact in
case of an authorised call-out requiring the performance of duties.
"Study leave" means leave without pay granted for
courses at any level or for study tours during which financial assistance may
be approved by the Chief Executive Officer, if the activities to be undertaken
are considered to be of relevance or value to the NSW Aboriginal Land Council.
"Study Time" means the time allowed off from
normal duties on full pay to a staff member who is studying in a part-time
course which is of relevance to the NSW Aboriginal Land Council.
"Supervisor" means the immediate supervisor or
manager of the area in which a staff member is employed or any other staff
member authorised by the Chief Executive Officer to fulfil the role of a
supervisor or manager, other than a person employed as a consultant or
contractor.
"Temporary employee" is an employee engaged for a
specific task and/or period of time and shall be entitled to the same
conditions as a permanent employee on a pro rata basis.
"Temporary work location" means the place at or
from which a staff member temporarily performs official duty if required to
work away from headquarters.
"Trade Union" or "Union" means a
registered trade union, as defined in the Industrial Relations Act 1996.
"Trade Union Delegate" means an accredited union delegate
responsible for his/her workplace; and/or a person who is elected by the trade
union as its representative, an executive member or a member of the union's
Council.
"Trade Union Official" means a person who is
employed by the union to carry out duties of an official in a permanent or
temporary capacity, including elected full-time officials and/or staff members
placed on loan to the union for an agreed period of time.
"Workplace" means the NSW Aboriginal Land Council
or, as the case may be, a branch or section of the organisation in which the
staff member is employed.
"Workplace Management" means the Chief Executive
Officer or any other person authorised by the Chief Executive Officer to assume
responsibility for the conduct and effective, efficient and economical
management of the functions and activities of the organisation or part of the
organisation.
4. Application
The parties to this Award are the NSW Aboriginal Land
Council and the Public Service Association and Professional Officers Association
Amalgamated Union of New South Wales.
5. Award History
The first award was made following the passing and
proclamation on 25 October 2002 of the Aboriginal Land Rights Amendment Act 2001
(NSW). The Award was made as reflective
of the current conditions of employment as agreed between the parties taking
into account the transition from the public sector to the private sector. The
Award also provided for the regulation of wages and salaries. The Award sought
to preserve the position applying as at 25 October 2002 subject to specific
leave reserved granted to the parties to pursue during the currency of the
Award wage and salary adjustment and classification structuring conducive to
the future needs of the NSW Aboriginal Land Council in accordance with the
procedures so established in Clause 88 Leave Reserved.
6. Coverage
The provisions of this award shall apply to all employees of
the NSW Aboriginal Land Council other than the Chief Executive Officer and all
Station and Farm Managers and all other employees of the NSW Aboriginal Council
within the scope of the Pastoral Employees (State) Award.
7. Statement of
Intent
This award aims to consolidate, in the one document, all
conditions of employment of staff employed by the NSW Aboriginal Land Council.
8. Work Environment
(i) Occupational
Health and Safety - The parties to this award are committed to achieving and
maintaining accident-free and healthy workplaces in NSW Aboriginal Land Council
by:
(a) the
development of policies and guidelines for the NSW Aboriginal Land Council on
Occupational Health, Safety and Rehabilitation;
(b) consultative
mechanisms and structures being established within the NSW Aboriginal Land
Council to identify and introduce safe systems of work, safe work practices,
working environments; to develop strategies to assist the rehabilitation of
injured staff members; and to determine the level of responsibility to achieve
these objectives. This will assist to
achieve the objects of the Occupational Health and Safety Act 2000 and
the Regulations and Codes of Practice made under the Act;
(c) identifying
training strategies for staff members, as appropriate, to assist in the
recognition, elimination or control of workplace hazards and the prevention of
work related injury and illness;
(d) directly
involving the Chief Executive Officer in the provisions of paragraphs (a) to
(c) inclusive of this subclause.
(ii) Equality in
employment - The NSW Aboriginal Land Council is committed to the achievement of
equality in employment and the award has been drafted to reflect this
commitment.
(iii) Harassment-free
Workplace - Harassment on the grounds of sex, race, marital status, physical or
mental disability, sexual preference, transgender, age or carer's
responsibility is unlawful in terms of the Anti-Discrimination Act 1977.
Management and staff of the NSW Aboriginal Land Council are required to refrain
from, or being party to, any form of harassment in the workplace.
8. Grievance and
Dispute Settling Procedures
(i) All
grievances and disputes relating to the provisions of this award shall
initially be dealt with as close to the source as possible, with graduated
steps for further attempts at resolution at higher levels of authority within
the NSW Aboriginal Land Council, if required.
(ii) A staff
member is required to notify in writing their immediate manager, as to the
substance of the grievance, dispute or difficulty, request a meeting to discuss
the matter, and if possible, state the remedy sought.
(iii) The immediate
manager shall convene a meeting in order to resolve the grievance, dispute or
difficulty within two (2) working days, or as soon as practicable, of the
matter being brought to attention.
(iv) If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond within two (2) working days, or as soon
as practicable. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the Chief
Executive Officer.
(v) The Chief
Executive Officer may refer the matter to an independent person for
consideration.
(vi) If the matter
remains unresolved, the Chief Executive Officer shall provide a written
response to the staff member and any other party involved in the grievance,
dispute or difficulty, concerning action to be taken, or the reason for not
taking action, in relation to the matter.
(vii) A staff
member, at any stage, may request to be represented by the Association.
(viii) The
Association or the Chief Executive Officer may refer the matter to the New
South Wales Industrial Relations Commission if the matter is unresolved following
the use of these procedures.
(ix) Whilst the
procedures outlined in subclauses (i) to (viii) of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties, or, in
the case involving occupational health and safety, if practicable, normal work
shall proceed in a manner which avoids any risk to the health and safety of any
staff member or member of the public.
10. Employment
Termination Procedures
(i) Cessation of
Employment - In order to cease employment, the employer or the employee shall
give one (1) weeks notice or forfeiture of one (1) week's pay as the case may
be.
(ii) Abandonment
of Employment - an employee who is absent from duty without authorisation for a
period exceeding three (3) continuous days is to be mailed or couriered a
certified letter to their last known address requesting the reason for the
absence; directing the employee to resume duty within a specified time, and advising
of the prospect of termination if the direction is not followed.
(iii) If the
employee does not resume duty within the specified period or fails to provide a
satisfactory reason for their unauthorised absence the Chief Executive Officer
may terminate the person’s employment.
(iv) Summary
Dismissal - the NSW Aboriginal Land Council shall have the right to dismiss an
employee without notice for conduct that justifies instant dismissal.
11. Local
Arrangements
(i) Local
arrangements, as specified in this award, may be negotiated between the Chief
Executive Officer and the Public Service Association in respect of the NSW
Aboriginal Land Council.
(ii) All local
arrangements negotiated between the NSW Aboriginal Land Council and Public
Service Association must be contained in a formal document, such as a
co-lateral agreement, a memorandum of understanding, an award, an enterprise
agreement or other industrial instrument.
12. Working Hours
(a) The working
hours of staff and the manner of their recording, shall be as determined from
time to time by the Chief Executive Officer. Such direction will include the
definition of full time contract hours as contained in clause 3, Definitions of
this award.
(b) The staff
member in charge of an unit or branch will be responsible to the Chief
Executive Officer for the proper observance of hours of work and for the proper
recording of such attendance.
(c) The Chief
Executive Officer may require a staff member to perform duty beyond the hours
determined under subclause (a) of this clause but only if it is reasonable for
the staff member to be required to do so. In determining what is reasonable,
the staff member’s prior commitments outside the workplace, particularly the
staff member’s family responsibilities, community obligations or study
arrangements shall be taken into account. Consideration shall be given also to
the urgency of the work required to be performed during overtime, the impact on
the operational commitments of the organisation and the effect on client services.
(d) The
application of hours of work is subject to the provisions of this clause.
(e) The ordinary
hours may be standard or flexible and may be worked on a full time or part-time
basis.
(f) The Chief Executive
Officer shall ensure that all staff members employed in the NSW Aboriginal Land
Council are informed of the hours of duty required to be worked and of their
rights and responsibilities in respect of such hours of duty.
13. Morning and
Afternoon Breaks
Staff members may take a 10 minute morning break, provided
that the discharge of the NSW Aboriginal Land Council business is not affected
and, where practicable, they do so out of the view of the public contact areas.
Staff members, may also take a 10 minute afternoon break, subject to the same
conditions as apply to the morning break.
14. Meal Breaks
Meal breaks must be given to and taken by staff members. No
staff member shall be required to work continuously for more than 5 hours
without a meal break, provided that:
(1) where the
prescribed break is more than 30 minutes, the break may be reduced to not less
than 30 minutes if the staff member agrees. If the staff member requests to
reduce the break to not less than 30 minutes, the reduction must be
operationally convenient; and
(2) where the
nature of the work of a staff member or a group of staff members is such that
it is not possible for a meal break to be taken after not more than 5 hours,
local arrangements may be negotiated between the Chief Executive Officer and
the Public Service Association to provide for payment of a penalty.
15. Variation of
Hours
If the Chief Executive Officer is satisfied that a staff
member is unable to comply with the general hours operating in the NSW Aboriginal
Land Council because of limited transport facilities, urgent personal reasons,
community or family reasons, the Chief Executive Officer may vary the staff
member's hours of attendance on a one off, short or long-term basis, subject to
the following:
(1) the variation
does not adversely affect the operational requirements;
(2) there is no
reduction in the total number of daily hours to be worked;
(3) the variation
is not more than an hour from the commencement or finish of the span of usual
commencing and finishing time;
(4) a lunch break
of one hour is available to the staff member, unless the staff member elects to
reduce the break to not less than 30 minutes;
(5) no overtime or
meal allowance payments are made to the staff member, as a result of an
agreement to vary the hours;
(6) ongoing
arrangements are documented; and
(7) the Public
Service Association is consulted, as appropriate, on any implications of the
proposed variation of hours for the work area.
16. Natural
Emergencies and Major Transport Disruptions
(a) A staff member
prevented from attending work at a normal work location by a natural emergency
or by a major transport disruption may:
(1) apply to vary
the working hours as provided in Clause 15 - Variation of Hours of this award;
and/or
(2) negotiate an
alternative working location with the NSW Aboriginal Land Council; and/or
(3) take available
family and community service leave and/or flex leave, recreation or extended
leave or leave without pay to cover the period concerned.
17. Assistance With
Transport
The extent of any assistance by the NSW Aboriginal Land
Council with transport of a staff member between the workplace and residence or
part of the distance involved, shall be determined by the Chief Executive
Officer according to the provisions contained in Clause 83 - Provision of
Transport in Conjunction with Working of Overtime of this award.
18. Notification of
Absence from Duty
(a) If a staff
member is to be absent from duty, other than on authorised leave, the staff
member must notify the supervisor, or must arrange for the supervisor to be
notified, as soon as possible, of the reason for the absence.
(b) If a staff
member is absent from duty without authorised leave and does not provide an
explanation of the absence to the satisfaction of the Chief Executive Officer,
the amount representing the period of absence shall be deducted from the staff
member's pay.
(c) The Supervisor
must notify the Human Resources Unit within 24 hours for the purposes of clause
18(b) of this award.
19. Public Holidays
(a) Unless
directed to attend for duty by the Chief Executive Officer, a staff member is
entitled to be absent from duty on any day which is:
(1) a public
holiday throughout the State; or
(2) National
Aboriginal & Islanders day of Commemoration (NAIDOC); or
(3) such days as
deemed by the Chief Executive Officer to be days of national Aboriginal
significance.
20. Standard Working
Hours
(a) Standard hours
are set and regular with an hour for lunch and, if worked by the staff member
under a flexible working hours scheme, would equal the contract hours required
to be worked under the scheme. Standard hours could be full time or part-time.
(b) Urgent
Personal Business - Where a staff member requires to undertake urgent personal
business, appropriate leave or time off may be granted by the Chief Executive
Officer. Where time off has been granted, such time shall be made up as set out
in subclause (d) of this clause.
(c) Late
Attendance - If a staff member is late for work, such staff member must either
take appropriate leave or, if the Chief Executive Officer approves, make the
time up in accordance with subclause (d) of this clause.
(d) Making up of
Time - The time off taken in circumstances outlined in subclauses (b) and (c)
of this clause must be made up at the earliest opportunity. The time may be
made up on the same day or on a day or days agreed to between the staff member
and the Chief Executive Officer.
21. Flexible Working
Hours
(a) Unless a local
arrangement has been negotiated as provided in Clause 11 - Local Arrangements
of this award, a flexible working hours scheme in terms of this subclause may
operate in the NSW Aboriginal Land Council or a unit/branch of the
organisation, in accordance with the NSW Aboriginal Land Council Flexible
Working Hours Policy and, subject to operational requirements, as determined by
the Chief Executive Officer.
(b) Where the
operational requirements allow, the working of flexible hours under a flexible
working hours scheme operating in the NSW Aboriginal Land Council, shall be
extended to a staff member working under a part-time work arrangement. Except
for provisions contained in subclauses (j) and (l) of this clause, all other
provisions under this subclause shall be applied pro rata to a staff member
working under a part-time work arrangement.
(c) Exclusions -
Flexible working hours shall not apply to staff members who work as a:
casual employee or
under permanent standard hours; or
trainee; or
staff members engaged on Rural Properties.
(d) Attendance - A
staff member's attendance outside the hours of a standard day but within the
bandwidth shall be subject to the availability of work.
(e) Bandwidth -
The bandwidth shall be between the hours of 7.30a.m. and 6.00p.m., unless a
different time span has been negotiated under a local arrangement in terms of
clause 11, Local Arrangements of this award.
(f) Coretime -
The coretime shall be between the hours of 9.30a.m. and 3.30p.m, excluding the
lunch break, unless other arrangements have been negotiated under a local
arrangement in terms of clause 11, Local Arrangements of this award.
(g) Lunch break -
The standard lunch period shall be 1 hour. With the approval of the supervisor,
the lunch period may be extended by the staff member up to 2 hours or reduced
to not less than 30 minutes within the span of hours determined by the Chief
Executive Officer. Where a local arrangement has been negotiated in terms of
clause 11, Local Arrangements of this award, the lunch break shall be taken in
accordance with such local arrangement.
(h) Settlement
period - Unless a local arrangement has been negotiated in terms of clause 11,
Local Arrangements of this award, the settlement period shall be four weeks.
(1) For time
recording purposes the settlement period and flex leave must coincide.
(2) Where
exceptional circumstances apply, eg prolonged transport strikes, adverse
weather conditions and the like, the Chief Executive Officer may extend the
affected settlement period by a further 4 weeks.
(i) Contract
hours - The contract hours for a settlement period shall be calculated by
multiplying the staff member's weekly contract hours by the number of weeks in
a settlement period.
(j) Flexible
working hours credit - A staff member may carry a maximum of 10 hours credit
into the next period. Time accumulated in excess of 10 hours at the end of a
settlement period shall be forfeited. Local arrangements in terms of clause 11,
Local Arrangements of this award may be negotiated in respect of the carry over
of the maximum flexible hours credit and the banking of any accumulated time.
(k) The NSW
Aboriginal Land Council shall ensure that a staff member does not forfeit
excess credit hours at the conclusion of settlement periods as a result of
reasonable requests for flex leave being refused or the staff member being
directed by the supervisor to work long hours within the bandwidth. Hours
worked are to be monitored by the staff member and supervisor to ensure that,
as a far as possible, excess credit and debit hours are avoided.
(l) Flexible
Working Hours Debit - The following provisions shall apply to the carry over of
flexible working hours debits, unless a local arrangement has been negotiated
in terms of clause 11, Local Arrangements of this award:
(1) A debit of up
to 10 hours at the end of a settlement period may be carried over into the next
period.
(2) Where the
debit exceeds 10 hours, the excess will be debited as leave without pay, unless
the staff member elects to be granted available recreation or extended leave to
offset the excess.
(3) Any debit of
hours outstanding on a staff member's last day of duty is to be deducted from
any unpaid salary or the monetary value of accrued recreation/extended leave.
(m) Cessation of
duty - A staff member may receive payment for a flex day accrued and remaining
untaken or not forfeited on the last day of service:
(1) where the
staff member's services terminate without a period of notice for reasons other
than misconduct; or
(2) where an
application for flex leave which would have eliminated the accumulated day or
days was made during the period of notice of retirement or resignation and was
refused; or
(3) in such other
circumstances as have been negotiated between the Chief Executive Officer and
the Public Service Association under a local arrangement in terms of clause 11,
Local Arrangements of this award.
(n) Flex leave -
Subject to operational requirements, a staff member may take off one full day
or two half days in a settlement period of 4 weeks. Flex leave may be taken on
consecutive working days. Half- day absences may be combined with other periods
of authorised leave. Local arrangements in respect of the taking of flex leave
may be negotiated in terms of clause 11, Local Arrangements of this award.
(o) Absence during
coretime - Where a staff member needs to take a short period of authorised
leave within coretime, other than flex leave, the quantum of leave to be granted
shall be determined according to the provisions contained in Clause 56 -
Absence from Work of this award.
(p) Standard hours
- Notwithstanding the provisions of this clause, the Chief Executive Officer
may direct the staff member to work standard hours and not flexible hours:
(1) where the
Chief Executive Officer decides that the working of flexible hours by a staff
member or members does not suit the operational requirements of the NSW
Aboriginal Land Council or a unit/branch of the organisation, the Public
Service Association shall be consulted, where appropriate; or
(2) as remedial
action in respect of a staff member who has been found to have deliberately and
persistently breached the flexible working hours scheme.
(q) Easter
concession - Staff members who work under a flexible working hours scheme may
be granted, subject to the convenience of the NSW Aboriginal Land Council, an
additional half day's flex leave on the Thursday preceding the Good Friday
public holiday.
22. Non-Compliance
In the event of any persistent failure by a staff member to
comply with the hours of duty required to be worked, the Chief Executive
Officer, shall investigate such non compliance as soon as it comes to notice
and shall take appropriate remedial action according to the Management of
Unsatisfactory Performance Guidelines.
23. Excess Travelling
Time
(a) Excess
Travelling Time - A staff member directed by the Chief Executive Officer to
travel on official business outside the usual hours of duty is entitled to
apply and to be compensated for such time either by:
(1) payment
calculated in accordance with the provisions contained in this clause; or
(2) if it is
operationally convenient, by taking equivalent time off in lieu to be granted
for excess time spent in travelling on official business.
(b) Compensation
under paragraphs (1) or (2) of this subclause, shall be subject to the
following conditions:
(1) on a
non-working day - all time spent travelling on official business;
(2) on a working
day - subject to the provisions of subclause (e) of this clause, all additional
time spent travelling before or after the staff member's normal hours of duty;
provided the period for which compensation is being
sought is more than a half an hour on any one day.
(c) No
compensation for travelling time shall be given in respect of travel between
11.00p.m. on any one day and 7.30a.m. on the following day where the staff
member has travelled overnight and sleeping facilities have been provided for
the staff member.
(d) Compensation
for travelling time shall be granted only in respect of the time that might
reasonably have been taken by the use of the most practical and economic means
of transport.
(e) Compensation
for excess travelling time shall exclude the following:
(1) time normally
taken for the periodic journey from home to headquarters and return;
(2) any periods of
excess travel of less than 30 minutes on any one day;
(3) travel to new headquarters
on permanent transfer, if special leave has been granted for the day or days on
which travel is to undertaken;
(4) time from
11.00pm. on one day to 7.30am. on the following day if sleeping facilities have
been provided;
(5) travel not
undertaken by the most practical available route;
(6) travel
overseas.
(f) Payment -
Payment for travelling time calculated in terms of this clause shall be at the
staff member’s ordinary rate of pay on an hourly basis calculated as follows:
Annual salary
|
x
|
5
|
x
|
1
|
1
|
|
260.89
|
|
Normal hours of
work
|
(g) The rate of
payment for travel or waiting time on a non-working day shall be the same as
that applying to a working day.
(h) Time off in
lieu or payment for excess travelling time or waiting time will not granted or
made for more than eight hours in any period of 24 consecutive hours.
24. Waiting Time
When a staff member travelling on official business is
required to wait for transport in order to commence a journey to another
location or to return home or headquarters and such time is outside the normal
hours of duty, the waiting time shall be treated and compensated for in the
same manner as excess travelling time pursuant to Clause 23 - Excess Travelling
Time.
25. Travelling
Allowances - General
(a) Any authorised
official travel and associated expenses, properly and reasonably incurred by a
staff member required to perform duty at a location other than their normal
headquarters shall be met by the NSW Aboriginal Land Council.
(b) The Chief
Executive Officer shall require staff members to obtain an authorisation for
all official travel prior to incurring any travel expense.
(c) Where
available at a particular centre or location, the overnight accommodation to be
occupied by staff members who travel on official business shall be the middle
of the range standard, referred to generally as three star or three diamond
standard of accommodation.
(d) Where payment
of a proportionate amount of an allowance applies in terms of this clause, the
amount payable shall be the appropriate proportion of the daily rate. Any
fraction of an hour shall be rounded off to the nearest half-hour.
26. Meal Expenses on
One-Day Journeys
A staff member who is authorised by the Chief Executive
Officer to undertake a one-day journey on official business which does not
require the staff member to obtain overnight accommodation, shall be paid the
appropriate rate of allowance set out in Item 1 of Table 1 of Part B Monetary
Rates for:
(1) breakfast when
required to commence travel at or before 6.00 a.m. and at least 1 hour before
the prescribed starting time;
(2) an evening
meal when required to travel until or beyond 6.30 p.m.; and
(3) lunch when
required to travel a total distance on the day of at least 100 kilometres and,
as a result, is located at a distance of at least 50 kilometres from the staff
member’s normal headquarters at the time of taking the normal lunch break.
27. Travelling
Allowances When Staying in Non NSWALC Provided Accommodation
(1) A staff member
who is required by the Chief Executive Officer to work from a temporary work
location shall be compensated for accommodation, meal and incidental expenses properly
and reasonably incurred during the time actually spent away from the staff
member's residence in order to perform the work.
(2) For the First
35 Days, the Payment Shall be Either:
(A) the appropriate
rate of allowance specified in Item 2 of
Table 1 Allowances of Part B Monetary Rates for every period of 24 hours
absence by the staff member’ from their residence; and actual meal expenses
properly and reasonably incurred (excluding morning and afternoon teas) for any
residual part day travel; or
(B) if the staff
member elects, actual expenses, properly and reasonably incurred for the whole
trip on official business (excluding morning and afternoon teas) together with
an incidental expenses allowance set out in Item 2 of Table 1 of Part B
Monetary Rates.
(3) Payment of the
appropriate allowance for an absence of less than 24 hours may be made only
where the staff member satisfies the Chief Executive Officer that, despite the
period of absence being of less than 24 hours’ duration, expenditure for accommodation
and three meals has been incurred.
(4) Where a staff
member is unable to so satisfy the Chief Executive Officer, the allowance
payable for part days of travel shall be limited to the actual expenses
incurred during such part day travel.
(5) After the
first 35 days - If a staff member is required by the Chief Executive Officer to
work in the same temporary work location for more than 35 days, such staff
member shall be paid the appropriate rate of allowance as specified in Item 2
of Table 1 of Part B Monetary Rates.
(6) Long term
arrangements - As an alternative to the provisions set out in subclauses (2)
& (5) above, NSW Aboriginal Land Council could make alternative
arrangements for meeting the additional living expenses, properly and reasonably
incurred by a staff member working from a temporary work location.
(7) The return of
a staff member to their home at weekends, on rostered days off or during short
periods of leave while working from a temporary work location shall not
constitute a break in the temporary work arrangement.
28. Travelling
Allowances When Staying in NSWALC Provided Accommodation
When a staff member working from a temporary work location
is provided with accommodation by the NSWALC, the staff member shall be entitled
to claim the incidental expenses allowance set out in Item 3 of Table - 1
Allowances of Part B Monetary Rates for the same period. If meals are not
provided by the NSWALC at the temporary work location, the staff member shall
be entitled to claim also the reimbursement of any meal expenses properly and
reasonably incurred during the time spent at the temporary work location.
29. Restrictions on
Payment of Travelling Allowances
An allowance under Clause 27 - Travelling Allowance when
staying in Non NSWALC Provided Accommodation is not payable in respect of:
(1) any period
during which the staff member returns to their residence at weekends or public
holidays, commencing with the time of arrival at that residence and ending at
the time of departure from the residence;
(2) any period of
leave, except with the approval of the Chief Executive Officer or as otherwise
provided by this subclause; or
(3) any other
period during which the staff member is absent from the staff member's
temporary work location otherwise than on official duty.
(4) Notwithstanding
subclauses (1), (2) or (3) of this clause, a staff member in receipt of an
allowance under clause 27 - Travelling Allowance when staying in Non NSWALC
Provided Accommodation of this award who is granted special leave to return to
their residence at a weekend, shall be entitled to an allowance under clause 27
- Travelling Allowance when staying in Non NSWALC Provided Accommodation in
respect of the necessary period of travel for the journey from the temporary
work location to the staff member's residence; and for the return journey from
the staff member's residence to the temporary work location, but is not
entitled to any allowance under this subclause, or any other allowance, in
respect of the same period.
(5) Notwithstanding
subclauses (1), (2) or (3) of this clause, a staff member in receipt of an
allowance under this subclause who, on ceasing to perform duty at or from a
temporary work location, leaves that location shall be entitled to an allowance
in accordance with Clause 27 -Travelling Allowance when staying in Non NSWALC
Provided Accommodation of this award in respect of the necessary period of
travel to return to the staff member's residence or to take up duty at another
temporary work location, but is not entitled to any other allowance in respect
of the same period.
30. Increase Or
Reduction in Payment of Travelling Allowances
Where the Chief Executive Officer is satisfied that a
travelling allowance is:
(1) insufficient to
adequately reimburse the staff member for expenses properly and reasonably
incurred, a further amount may be paid to reimburse the staff member for the
additional expenses incurred; or
(2) in excess of
the amount which would adequately reimburse the staff member for expenses
properly and reasonably incurred, the Chief Executive Officer may reduce the
allowance to an amount which would reimburse the staff member for expenses
incurred properly and reasonably.
31. Production of
Receipts
Payment of any actual expenses shall be subject to the
production of receipts, unless the Chief Executive Officer is prepared to
accept other evidence from the staff member.
32. Travelling
Distance
The need to obtain overnight accommodation shall be
determined by the Chief Executive Officer having regard to the safety of the
staff member or members travelling on official business and local conditions
applicable in the area. Where staff members are required to attend conferences
or seminars which involve evening sessions or staff members are required to
make an early start at work in a location away from their normal workplace,
overnight accommodation shall be appropriately granted by the Chief Executive
Officer.
33. Allowance Payable
for Use of Private Motor Vehicle
(a) The Chief
Executive Officer may authorise a staff member to use a private motor vehicle
for work where:
(1) such use will
result in greater efficiency or involve the NSW Aboriginal Land Council in less
expense than if travel were undertaken by other means; or
(2) where the
staff member is unable to use other means of transport due to a disability.
(b) There shall be
different classes of allowance payable for the use of a private motor vehicle
for work. The appropriate rate of the "casual rate" of allowance or
the "official business rate" of allowance, as defined in clause 3,
Definitions of this award, shall be paid depending on the circumstances and the
purpose for which the vehicle is used.
(c) The staff
member must have in force in respect of a motor vehicle used for work, in
addition to any policy required to be effected or maintained under the Motor
Vehicles (Third Party Insurance) Act, 1942, a comprehensive motor vehicle
insurance policy to an amount and in a form approved by the Chief Executive Officer.
(d) A staff member
who, with the approval of the Chief Executive Officer, uses a private motor
vehicle for work shall be paid an appropriate rate of allowance specified in
Item 4 of Table 1 of Part B Monetary Rates for the use of such private motor
vehicle.
(e) Expenses such
as tolls etc. shall be refunded to staff members where the charge was incurred
during approved work related travel.
(f) Except as
otherwise specified in this award, a staff member shall bear the cost of ordinary
daily travel by private motor vehicle between the staff member's residence and
headquarters.
34. Damage to Private
Motor Vehicle Used for Work
(a) Where a
private vehicle is damaged while being used for work, any normal excess
insurance charges prescribed by the insurer shall be reimbursed by the NSW
Aboriginal Land Council, provided:
(1) the damage is
not due to gross negligence by the staff member; and
(2) the charges
claimed by the staff member are not the charges prescribed by the insurer as
punitive excess charges.
(b) Provided the
damage is not the fault of the staff member, the NSW Aboriginal Land Council
shall reimburse to a staff member the costs of repairs to a broken windscreen,
if the staff member can demonstrate that:
(1) the damage was
sustained on approved work activities; and
(2) the costs
cannot be met under the insurance policy due to excess clauses.
35. Overseas Travel
Unless the Chief Executive Officer determines that a staff
member shall be paid travelling rates especially determined for the occasion, a
staff member required by the NSW Aboriginal Land Council to travel overseas on
official business, shall be paid the appropriate overseas travelling allowance
rates as specified in Premier’s Department Circular No. 2000-25 until such time
as the circular is withdrawn or replaced.
36. Exchanges
(a) The Chief
Executive Officer may arrange two way or one way exchanges with other
organisations both public and private, if the NSW Aboriginal Land Council or
the staff member will benefit from additional training and development which is
intended to be used in the carrying out of the NSW Aboriginal Land Council
business.
(b) The conditions
applicable to those staff members who participate in exchanges will be
determined by the Chief Executive Officer according to the individual
circumstances in each case.
(c) The provisions
of this subclause do not apply to the loan of services of staff members to
trade unions. The provisions of Clause 44 Conditions Applying to On Loan
Arrangements of this award apply to staff members who are loaned to their trade
union.
37. Compensation for
Damage to Or Loss of Staff Member’s Private Property
(a) Where damage
to or loss of the staff member's private property occurs in the course of employment,
a claim may be lodged under the Workers Compensation Act and/or under any
insurance policy of the NSW Aboriginal Land Council covering the damage to or
loss of the personal property of the staff member.
(b) If a claim
under subclause (a) of this clause is rejected by the insurer, the Chief
Executive Officer may compensate a staff member for the damage to or loss of
private property, if such damage or loss:
(1) is due to the
negligence of the NSW Aboriginal Land Council, another staff member, or both, in the performance of
their duties; or
(2) is caused by a
defect in a staff member's material or equipment; or
(3) results from a
staff member’s protection of or attempt to protect NSW Aboriginal Land Council
property from loss or damage.
(c) Compensation
in terms of subclause (b) of this clause shall be limited to the amount
necessary to repair the damaged item. Where the item cannot be repaired or is
lost, the Chief Executive Officer may pay the cost of a replacement item,
provided the item is identical to or only marginally different from the damaged
or lost item and the claim is supported by satisfactory evidence as to the
price of the replacement item.
(d) For the
purpose of this subclause, personal property means a staff member's clothes,
spectacles, hearing-aid, tools of trade or similar items which are ordinarily
required for the performance of the staff member’s duties.
(e) Compensation
for the damage sustained shall be made by the NSW Aboriginal Land Council
where, in the course of work, clothing or items such as spectacles, hearing
aids, etc, are damaged or destroyed by natural disasters or by theft or
vandalism.
38. Garage and
Carport Allowance
(a) Where a staff
member garages a NSW Aboriginal Land Council vehicle in their own garage or
carport and the use of the garage or carport is considered essential by the
Chief Executive Officer, such staff member shall be paid an appropriate rate of
allowance as specified in Item 7 of Table 1 of Part B Monetary Rates.
(b) Payment of the
garage or carport allowance shall continue during periods when the staff member
is absent from headquarters.
39. First Aid
Allowance
(a) A staff member
appointed as a First Aid Officer shall be paid a first aid allowance at the
rate appropriate to the qualifications held by such staff member as specified
in Item 8 of Table 1 of Part B Monetary Rates.
(b) The First Aid
Allowance shall not be paid during extended leave or any other continuous
period of leave which exceeds four weeks.
(c) When the First
Aid Officer is absent on leave for one week or more and another qualified staff
member is selected to relieve in the First Aid Officer's position, such staff
member shall be paid a pro rata first aid allowance for assuming the duties of
a First Aid Officer.
40. Review of
Allowances Payable in Terms of This Award
Adjustment of Allowances - Allowances contained in this
award shall be reviewed as follows:
(a) Allowances
payable in terms of clauses listed in this paragraph shall be reviewed as soon
as the Australian Taxation Office issues its Ruling on "Reasonable
Amounts" for the 2006/2007 and subsequent income years.
(1) Clause 26 -
Meal Expenses on One Day Journeys.
(2) Clause 27 -
Travelling Allowances when staying in Non NSWALC Provided Accommodation.
(3) Clause 28 -
Travelling Allowance when staying in NSWALC Provided Accommodation.
(4) Clause 79 -
Overtime Meal Allowances for breakfast, lunch and dinner.
(b) Allowances
payable in terms of clauses listed in this paragraph shall be adjusted on 1 July
each year in line with the increases in the Consumer Price Index for Sydney
during the preceding financial year:
(1) Clause 33 -
Allowances Payable for use of Private Motor Vehicle;
(2) Clause 38 -
Garage and Carport Allowance; and
(c) Allowances payable
in terms of clauses listed in this paragraph shall continue to be subject to a
percentage increase under this Award, and shall be adjusted on and from the
date or pay period the percentage increase takes effect:
(1) Clause 39 -
First Aid Allowance.
41. Trade Union
Activities Regarded as on Duty
A Public Service Association delegate will be released from
the performance of normal NSW Aboriginal Land Council duty when required to
undertake any of the activities specified below. While undertaking such
activities the trade union delegate will be regarded as being on duty and will
not be required to apply for leave:
(a) Attendance at
meetings of the workplace's Occupational Health and Safety Committee and
participation in all official activities relating to the functions and
responsibilities of elected Occupational Health and Safety Committee members at
a place of work as provided for in the Occupational Health and Safety Act 2000
and the Regulations.
(b) Attendance at
meetings with workplace management or workplace management representatives.
(c) A reasonable
period of preparation time, before:
(1) meetings with
management;
(2) disciplinary
or grievance meetings when a Public Service Association member requires the
presence of the Public Service Association; and
(3) any other
meeting with management,
by agreement with management, where operational
requirements allow the taking of such time;
(d) Giving
evidence in a court or tribunal in relation to an industrial matter.
(e) Presenting
information on the trade union and trade union activities at induction sessions
for new staff of the NSW Aboriginal Land Council; and
(f) Distributing
official trade union publications or other authorised material at the
workplace, provided that a minimum of 24 hours notice is given to workplace
management, unless otherwise agreed between the parties. Distribution time is
to be kept to a minimum and is to be undertaken at a time convenient to the
workplace.
42. Trade Union
Activities Regarded as Special Leave
The granting of special leave with pay will apply to the
following activities undertaken by a trade union delegate, as specified below:
(a) annual or
biennial conferences of the delegate's union;
(b) meetings of the
union's Executive, Committee of Management or Councils;
(c) annual
conference of the Unions NSW and the biennial Congress of the Australian
Council of Trade Unions;
(d) attendance at
meetings called by the Unions NSW involving the Public Service Association
requires attendance of a delegate;
(e) giving
evidence before an Industrial Tribunal as a witness for the trade union;
(f) reasonable
travelling time to and from conferences or meetings to which the provisions of
Clauses 47, 48 & 49 of this award apply.
43. Trade Union
Training Courses
The following training courses will attract the grant of
special leave as specified below:
(a) Accredited
Occupational Health and Safety (OH&S) courses and any other accredited
OH&S training for OH&S Committee members. The provider(s) of accredited
OH&S training courses and the conditions on which special leave for such
courses will be granted, shall be negotiated between the Chief Executive
Officer and the relevant trade union under a local arrangement pursuant to
clause 11, Local Arrangements of this award.
(b) Courses
organised and conducted by the Trade Union Education Foundation or by the
Association or a training provider nominated by the member's trade union. A
maximum of 12 working days in any period of 2 years applies to this training
and is subject to:
(1) the operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
(2) payment being
at the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc;
(3) all travelling
and associated expenses being met by the staff member or the Association;
(4) attendance
being confirmed in writing by the member's trade union or a nominated training
provider.
44. Conditions
Applying to on Loan Arrangements
Subject to the operational requirements of the workplace, on
loan arrangements will apply to the following activities:
(a) meetings interstate
or in NSW of a Federal nature to which a representative or member has been
nominated or elected by the Association:
(1) as an
Executive Member; or
(2) a member of a
Federal Council; or
(3) vocational or
industry committee.
(b) briefing counsel
on behalf of the Association;
(c) assisting
Association officials with preparation of cases or any other activity outside
their normal workplace at which the delegate is required to represent the
interests of the Association;
(d) country tours
undertaken by a member of the executive or Council of the Association;
(e) taking up of
full-time duties with the trade union if elected to the office of President,
General Secretary or to another full-time position with the Association;
(f) Financial
Arrangements - The following financial arrangements apply to the occasions when
a staff member is placed "on loan" to the Association:
(1) the NSW
Aboriginal Land Council will continue to pay the delegate or an authorised
union representative whose services are on loan to the Association;
(2) the NSW
Aboriginal Land Council will seek reimbursement from the Association at regular
intervals of all salary and associated on costs, including superannuation, as
specified by the NSWALC from time to time.
(3) Agreement with
the Association on the financial arrangements must be reached before the on
loan arrangement commences and must be documented in a manner negotiated
between the Chief Executive Officer and Association;
(g) Recognition of
"on loan" arrangement as service - On loan arrangements negotiated in
terms of this clause are to be regarded as service for the accrual of all leave
and for incremental progression.
(h) Limitation -
On loan arrangements may apply to full-time or part-time staff and are to be
kept to the minimum time required. Where the Association needs to extend an on
loan arrangement, the Association shall approach the Chief Executive Officer in
writing for an extension of time well in advance of the expiration of the
current period of on loan arrangement.
45. Period of Notice
for Trade Union Activities
The Chief Executive Officer must be notified in writing by
the Association or, where appropriate, by the accredited delegate as soon as
the date and/or time of the meeting, conference or other accredited activity is
known.
46. Access to
Facilities By Trade Union Delegates
The workplace shall provide accredited delegates with
reasonable access to the following facilities for authorised union activities:
(a) telephone,
facsimile and, where available, email facilities;
(b) a notice board
for material authorised by the Association or access to staff notice boards for
material authorised by the Association;
(c) workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the Association.
47. Responsibilities
of the Trade Union Delegate
Responsibilities of the Association delegate are to:
(a) establish
accreditation as a delegate with the Association and provide proof of
accreditation to the workplace;
(b) participate in
the workplace consultative processes, as appropriate;
(c) follow the
dispute settling procedure applicable in the workplace;
(d) provide sufficient
notice to the immediate supervisor of any proposed absence on authorised union
business;
(e) account for
all time spent on authorised union business;
(f) when special
leave is required, to apply for special leave in advance;
(g) distribute Public
Service Association literature/membership forms, under local arrangements
negotiated between the Chief Executive Officer and the Association; and
(h) use any
facilities provided by the workplace properly and reasonably as negotiated at
organisational level.
48. Responsibilities
of the Trade Union
Responsibilities of the Public Service Association are to:
(a) provide
written advice to the Chief Executive Officer about an Association activity to
be undertaken by an accredited delegate and, if requested, to provide written
confirmation to the workplace management of the delegate's
attendance/participation in the activity;
(b) meet all
travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in subclause (c) of clause 51.
(c) pay promptly
any monies owing to the workplace under a negotiated on loan arrangement;
(d) provide proof
of identity when visiting a workplace in an official capacity, if requested to
do so by management;
(e) apply to the
Chief Executive Officer well in advance of any proposed extension to the
"on loan" arrangement;
(f) assist the
workplace management in ensuring that time taken by the Association delegate is
accounted for and any facilities provided by the employer are used reasonably
and properly; and
(g) advise
employer of any leave taken by the Association delegate during the on loan
arrangement.
49. Responsibilities
of Workplace Management
Where time is required for union activities in accordance with
this clause the responsibilities of the workplace management are to:
(a) release the
accredited delegate from duty for the duration of the union activity, as
appropriate, and, where necessary, to allow for sufficient travelling time
during the ordinary working hours;
(b) advise the
workplace delegate of the date of the next induction session for new staff
members in sufficient time to enable the trade union to arrange representation
at the session;
(c) meet the
travel and/or accommodation costs properly and reasonably incurred in respect
of meetings called by the workplace management;
(d) where
possible, to provide relief in the position occupied by the delegate in the
workplace, while the delegate is undertaking union responsibilities to assist
with the business of workplace management;
(e) recredit any
other leave applied for on the day to which special leave or release from duty
subsequently applies;
(f) where a union
activity provided under this clause needs to be undertaken on the trade union delegate's
rostered day off or during an approved period of flex leave, to apply the
provisions of subclause (e) of this clause.
(g) to continue to
pay salary during an "on loan" arrangement negotiated with the
relevant union and to obtain reimbursement of salary and on-costs from the
union at regular intervals, or as otherwise agreed between the parties if long
term arrangements apply;
(h) to verify with
the union the time spent by a union delegate or delegates on union business, if
required; and
(i) if the time
and/or the facilities allowed for union activities are thought to be used
unreasonably and/or improperly, to consult with the trade union before taking
any remedial action.
50. Right of Entry
Provisions
The right of entry provisions shall be as prescribed under
the Occupational Health and Safety Act 2000 and the Industrial
Relations Act 1996.
51. Travelling and
Other Costs of Trade Union Delegates
(a) Except as
specified in subclause (c) of Clause 49 - Responsibilities of Workplace
Management of this award, all travel and other costs incurred by accredited
union delegates in the course of trade union activities will be paid by the
Association.
(b) In respect of
meetings called by the workplace management in terms of subclause (c) of Clause
49 - Responsibilities of Workplace Management of this award, the payment of
travel and/or accommodation costs, properly and reasonably incurred, is to be
made, as appropriate, on the same conditions as apply under clauses 25, 26, 27
or 28 of this award.
(c) No overtime,
leave in lieu, shift penalties or any other additional costs will be claimable
by a staff member from the NSW Aboriginal Land Council, in respect of union
activities covered by special leave or on duty activities provided for in this
clause.
(d) The on loan
arrangements shall apply strictly as negotiated and no extra claims in respect
of the period of on loan shall be made on the NSW Aboriginal Land Council by
the Public Service Association or the staff member.
52. Industrial Action
(a) Provisions of
the Industrial Relations Act 1996 shall apply to the right of union
members to take lawful industrial action.
(b) There will be
no victimisation of staff members prior to, during or following such industrial
action.
53. Consultation and
Technological Change
(a) The NSW
Aboriginal Land Council management shall consult with the Association prior to
the introduction of any technological change or other change which may have a
significant impact upon an employee or a number of employees.
54. Deduction of
Trade Union Membership Fees
(a) At the staff
member’s election and with the concurrence of the Chief Executive Officer, the
staff members union membership fees may be deducted with written authority from
the staff member’s pay. Such fees are to be transmitted to the Public Service
Association at regular intervals. Alternative arrangements for the deduction of
union membership fees may be negotiated between the Chief Executive Officer and
the Public Service Association in accordance with clause 11 - Local
Arrangements of this award.
55. Leave - General
Provisions
(a) The provisions
contained in this clause apply to all staff members other than those to whom
arrangements apply negotiated between the Chief Executive Officer and the
Public Service Association in terms of clause 11 - Local Arrangements of this
award.
(b) Unless
otherwise specified, part-time staff members will receive the conditions of
this clause on a pro rata basis, calculated according to the number of hours
worked per week.
(c) Where paid and
unpaid leave available to be granted in terms of this award, paid leave shall
be taken before unpaid leave.
56. Absence from Work
(a) A staff member
must not be absent from work unless reasonable cause is shown.
(b) If a staff member
is to be absent from work because of illness or other emergency, the staff
member shall notify or arrange for another person to notify the supervisor as
soon as possible of the staff member's absence and the reason for the absence.
(c) If a satisfactory
explanation for the absence, is not provided, the staff member will be regarded
as absent from work without authorised leave and the Chief Executive Officer
shall deduct from the pay of the staff member the amount equivalent to the
period of the absence.
(d) The minimum
period of leave available to be granted shall be a quarter day, unless local
arrangements negotiated in the workplace allow for a lesser period to be taken.
(e) Nothing in
this clause affects any proceedings for a breach of discipline against a staff
member who is absent from work without authorised leave.
57. Applying for
Leave
(a) An application
by a staff member for leave under this clause shall be made to and dealt with
by the Chief Executive Officer.
(b) The Chief
Executive Officer shall deal with the application for leave according to the
wishes of the staff member, on condition that the operational requirements of
the NSW Aboriginal Land Council permit this to be done.
58. Adoption Leave
(a) A staff member
adopting a child and who will be the primary care giver shall be entitled to be
granted adoption leave:
(1) for a period
of up to 12 months if the child has not commenced school at the date of the
taking of custody; or
(2) for such
period, not exceeding 12 months on a full-time basis, as the Chief Executive
Officer may determine, if the child has commenced school at the date of the
taking of custody.
(b) A staff member
who has been granted adoption leave may, with the permission of the Chief
Executive Officer, take leave:
(1) full-time for
a period not exceeding 12 months; or
(2) part-time over
a period not exceeding 2 years; or
(3) partly
full-time and partly part-time over a proportionate period of up to 2 years.
(c) Adoption leave
shall commence on the date that the staff member takes custody of the child
concerned, whether that date is before or after the date on which a court makes
an order for the adoption of the child by the staff member.
(d) A staff member
who resumes duty immediately on the expiration of adoption leave shall:
(1) if the
position occupied by the staff member immediately before the commencement of
that leave still exists - be entitled to be placed in that position; or
(2) if the
position so occupied by the staff member has ceased to exist, but there are
other positions available that the staff member is qualified for and is capable
of performing, the staff member shall be appointed, to a position of the same
grade and classification as the staff member’s former position.
(e) A staff member
who will be the primary care giver from the date of taking custody of the
adopted child shall be entitled to payment at the ordinary rate of pay for a
period of 9 weeks or the period of adoption leave taken, whichever is the
lesser period if the staff member:
(1) applied for
adoption leave within the time and in the manner determined by the Chief
Executive Officer; and
(2) prior to the
commencement of adoption leave, completed not less than 40 weeks' continuous
service.
(f) Except as
provided in subclause (e) of this clause, adoption leave shall be granted
without pay.
(g) Special
Adoption Leave - A staff member shall be entitled to special adoption leave
without pay for up to 2 days to attend interviews or examinations for the
purposes of adoption. Special adoption leave may be taken as a charge against
recreation leave, extended leave, flex time or family and community service.
(h) The NSW
Aboriginal Land Council must not fail to re-engage a regular casual employee
(see section 53(2) of the Act) because:
(1) the employee
or employee's spouse is pregnant; or
(2) the employee
is or has been immediately absent on adoption leave.
The rights of the NSW Aboriginal Land Council in
relation to engagement and re-engagement of casual employees are not affected,
other than in accordance with this clause.
(i) Right to
request
(1) An employee
entitled to adoption leave may request the NSW Aboriginal Land Council to allow
the employee:
(i) to extend the
period of unpaid adoption leave for a further continuous period of leave not
exceeding 12 months;
(ii) to return
from a period of adoption leave on a part-time basis until the child reaches
school age;
to assist the employee in reconciling work and parental
responsibilities.
(2) The NSW
Aboriginal Land 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 the NSW Aboriginal Land
Council’s business. Such grounds might include cost, lack of adequate
replacement staff, loss of efficiency and the impact on customer service.
(3) Employee's
request and the NSW Aboriginal Land Council decision is to be in writing The
employee's request and the NSW Aboriginal Land Council decision made under (i)
(1)(i) and (i) (1) (ii) must be recorded in writing.
(4) Request to
return to work part-time
Where an employee wishes to make a request under (i)
(1) (ii), 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 adoption leave.
(j) Communication
during adoption leave
(1) Where an
employee is on adoption leave and a definite decision has been made to
introduce significant change at the workplace, the NSW Aboriginal Land Council
shall 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 adoption 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 adoption leave.
(2) The employee
shall take reasonable steps to inform the NSW Aboriginal Land Council about any
significant matter that will affect the employee's decision regarding the
duration of adoption 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.
(3) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (1).
59. Long Service
Leave
(1) In
substitution for the provisions of the Long Service Leave Act 1955 (NSW)
employees who were employees of the NSW Aboriginal Land Council prior to 17
February 2003 shall accrue and become entitled to long service leave upon the
same basis as extended leave was granted to employees of the NSW Aboriginal
Land Council as at 24 October 2002.
(Notation: As at 24 October 2002 the NSW Aboriginal Land
Council applied Schedule 3, Clause 1 subclauses (1) and (4); Clause 2 subclause
(1); Clause 3 and Clause 4 subclause (1); section 55 of the Public Sector
Employment & Management Act 2002 (NSW) and shall continue to apply
those Clauses and subclauses of the schedule as at that date to all relevant
employees. Provision is also made for
staff to take half their entitled extended leave on double pay. Allowance is
also made for public holidays that fall during a period of extended leave to be
excluded from being debited from leave entitlements.)
(2) The provisions
of the Long Service Leave Act 1955 (NSW) shall apply to all employees
who commence employment with the NSW Aboriginal Land Council on or after 17
February 2003.
60. Family and
Community Service Leave
This clause is to be read in conjunction with Clause 60A
Bereavement Leave.
(a) The Chief
Executive Officer shall, in the case of emergencies or in personal or domestic
circumstances, grant to a staff member some or all of the available family and
community service leave on full pay.
(b) Such cases may
include but not be limited to the following:
(1) compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
(2) accommodation
matters up to one day - such as attendance at court as defendant in an eviction
action, arranging accommodation, or when required to remove furniture and
effects;
(3) emergency or
weather conditions - such as when flood, fire or snow etc. threaten property
and/or prevent a staff member from reporting for duty; and
(4) other personal
circumstances - such as citizenship ceremonies, parent/teacher interviews or
attending child's school for other reasons.
(c) Attendance at
court by a staff member to answer a charge for a criminal offence, if the Chief
Executive Officer considers the granting of family and community service leave
to be appropriate in a particular case.
(d) Staff members who
are selected to represent Australia or the State as competitors in major
amateur sport (other than Olympic or Commonwealth Games).
(e) Staff who hold
office in Local Government other than as a Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council, to attend
meetings, conferences or other duties associated with that office where those
duties necessitate absence during normal working hours.
(f) The maximum
amount of family and community service leave on full pay which may, subject to
this award, be granted to a staff member shall be the greater of the leave
provided in paragraph (1) or (2) of this subclause.
(1) 2½ of the
staff member’s working days in the first year of service and, on completion of
the first year’s service, 5 of the staff member’s working days in any period of
2 years; or
(2) After the
completion of 2 years’ continuous service, the available family and community
service leave is determined by allowing 1 day's leave for each completed year
of service less the total amount of short leave or family and community service
leave previously granted to the staff member.
(g) If available
family and community service leave is exhausted as a result of natural
disasters, the Chief Executive Officer shall consider applications for
additional family and community service leave, if some other emergency arises.
On the death of a person defined in subclause (c) of Clause 69 - Sick Leave to
Care for a Family Member, additional paid family and community service leave of
up to 2 days may be granted on a discrete, per occasion basis to a staff
member.
(h) In cases of
illness of a family member for whose care and support the staff member is
responsible, paid sick leave in accordance with subclause (c) of Clause 69 - Sick
Leave to Care for a Family Member shall be granted when paid family and
community service leave has been exhausted.
(i) Personal
Carers Entitlement for casual employees
(1) Subject to the
evidentiary and notice requirements set out in (4) below casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subclause (c)(2) of Clause 69 who are sick and
require care and support, or who require care due to an unexpected emergency,
or the birth of a child.
(2) The NSW
Aboriginal Land 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.
(3) The NSW
Aboriginal Land Council must not fail to re-engage a casual employee because
the employee accessed the entitlements provided for in this clause. The rights
of the NSW Aboriginal Land Council to engage or not to engage a casual employee
are otherwise not affected.
(4) The casual
employee shall, if required:
(i) 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
(ii) establish by
production of documentation acceptable to the employer or a statutory declaration,
the nature of the emergency and that such emergency resulted in the person
concerned requiring care by the employee
In normal circumstances, a casual employee must not take
carer’s leave under this subclause where another person had taken leave to care
for the same person.
60A. Bereavement
Leave
(a) An employee
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in subclause (iii) below.
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(c) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in Clause 69, provided
that for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
(d) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(e) Bereavement
leave may be taken in conjunction with other leave available under subclauses
1, 2, 3, 4, 5 and 6 in the said clause 69. In determining such a request the
employer will give consideration to the circumstances of the employee and the
reasonable operational requirements of the business.
(f) Bereavement
entitlements for casual employees
(1) Subject to the
evidentiary and notice requirements set out in (4) below casual employees are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in subclause c) (2) of Clause 69.
(2) The NSW Aboriginal
Land 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
(3) The NSW
Aboriginal Land Council must not fail to re-engage a casual employee because
the employee accessed the entitlements provided for in this clause. The rights
of the NSW Aboriginal Lands Council to engage or not engage a casual employee
are otherwise not affected.
(4) The casual
employee shall, if required:
(i) 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
(ii) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, a casual employee must not
take carer’s leave under this subclause where another person had taken leave to
care for the same person.
61. Leave Without Pay
(a) The Chief
Executive Officer may grant leave without pay to a staff member if good and
sufficient reason is shown.
(b) Leave without
pay may be granted on a full-time or a part-time basis.
(c) Where a staff
member is granted leave without pay for a period not exceeding 10 consecutive
working days, the staff member shall be paid for any proclaimed public holidays
falling during such leave without pay.
(d) Where a staff
member is granted leave without pay which, when aggregated, does not exceed 5
working days in a period of twelve (12) months, such leave shall count as
service for incremental progression and accrual of recreation leave.
(e) A staff member
who has been granted leave without pay, shall not engage in private employment
of any kind during the period of leave without pay, unless prior approval has
been obtained from the Chief Executive Officer.
(f) A staff
member shall normally be required to exhaust any accrued paid leave prior to
proceeding on leave without pay unless authorised by the Chief Executive
Officer.
(g) No paid leave
shall be granted during a period of leave without pay.
62. Maternity Leave
(a) A staff member
who is pregnant shall, subject to this clause, be entitled to be granted maternity
leave as follows:
(1) for a period
up to 9 weeks prior to the expected date of birth; and
(2) for a further
period of up to 12 months after the actual date of birth.
(b) A staff member
who has been granted maternity leave may, with the permission of the Chief
Executive Officer, take leave after the actual date of birth:
(1) full-time for
a period of up to 12 months; or
(2) part-time for
a period of up to 2 years; or
(3) as a combination
of full-time and part-time over a proportionate period of up to 2 years.
(c) A staff member
who has been granted maternity leave and whose child is stillborn may elect to
take available sick leave instead of maternity leave.
(d) A staff member
who resumes duty before her child’s first birthday or on the expiration of 12
months from the date of birth of her child shall be entitled to resume duty in
the position occupied by her immediately before the commencement of maternity
leave, if the position still exists.
(e) If the
position occupied by the staff member immediately prior to the taking of
maternity leave has ceased to exist, but there are other positions available
that the staff member is qualified for and is capable of performing, the staff
member shall be appointed to a position of the same grade and classification as
the staff member’s former position.
(f) A staff
member who:
(1) applied for
maternity leave within the time and in the manner determined by the Chief
Executive Officer; and
(2) prior to the
expected date of birth, completed not less than 40 weeks' continuous services;
shall be paid at her ordinary rate of pay for a period
not exceeding 14 weeks or the period of maternity leave taken, whichever is the
lesser period.
(g) Except as
provided in subclause (f) of this clause, maternity leave shall be granted
without pay.
(h) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(1) the employee
or employee's spouse is pregnant; or
(2) the employee
is or has been immediately absent on maternity leave.
The rights of the NSW Aboriginal Land Council in
relation to engagement and re-engagement of casual employees are not affected,
other than in accordance with this clause.
(i) Right to
request
(1) An employee
entitled to maternity leave may request the NSW Aboriginal Land Council to
allow the employee:
(i) to extend the
period of unpaid maternity leave for a further continuous period of leave not
exceeding 12 months;
(ii) to return from
a period of maternity leave on a part-time basis until the child reaches school
age; to assist the employee in reconciling work and parental responsibilities.
(2) The NSW
Aboriginal Land 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 the employer's business. Such
grounds might include cost, lack of adequate replacement staff, loss of
efficiency and the impact on customer service.
(3) Employee's
request and the employer's decision to be in writing
The employee's request and the NSW Aboriginal Land
Council decision made under (i) (1) (i) and (i) (1)(ii) must be recorded in
writing.
(4) Request to
return to work part-time
Where an employee wishes to make a request under
(i)(1)(ii), 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 maternity leave.
(j) Communication
during maternity leave
(1) Where an
employee is on maternity leave and a definite decision has been made to
introduce significant change at the workplace, the NSW Aboriginal Land Council
shall 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 maternity 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 maternity leave.
(2) The employee
shall take reasonable steps to inform the NSW Aboriginal Land Council about any
significant matter that will affect the employee's decision regarding the
duration of maternity 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.
(3) The employee
shall also notify the employer of changes of address or other contact details
which might affect the NSW Aboriginal Land Council’s capacity to comply with
paragraph (1).
63. Observance of
Essential Religious Or Cultural Obligations
(a) A staff member
of:
(1) any religious
faith who seeks leave for the purpose of observing essential religious
obligations of that faith; or
(2) any ethnic or
cultural background who seeks leave for the purpose of observing any essential
cultural obligations;
may be granted recreation/extended leave to credit,
flexleave or leave without pay to do so.
(b) Provided
adequate notice as to the need for leave is given by the staff member to the
NSW Aboriginal Land Council and it is operationally convenient to release the
staff member from duty, the Chief Executive Officer must grant the leave
applied for by the staff member in terms of this subclause.
(c) A staff member
of any religious faith who seek time off during daily working hours to attend
to essential religious obligations of that faith, shall be granted such time
off by the Chief Executive Officer, subject to:
(1) adequate
notice being given by the staff member;
(2) prior approval
being obtained by the staff member; and
(3) the time off
being made up in the manner approved by the Chief Executive Officer.
(d) Notwithstanding
the provisions of subclauses (a), (b) and (c) of this clause, arrangements may
be negotiated between the NSW Aboriginal Land Council and the relevant trade
union(s) in terms of Clause 11, Local Arrangements of this award to provide
greater flexibility for staff members for the observance of essential religious
or cultural obligations.
64. Parental Leave
Parental leave is available to a staff member who applies
for leave to look after their child or children.
(a) Parental leave
applies as follows:
(1) short parental
leave - an unbroken period of up to three weeks at the time of the birth of the
child or other termination of the spouse's or partner's pregnancy or, in the
case of adoption, from the date of taking custody of the child or children;
(2) extended
parental leave - for a period not exceeding 12 months, less any short parental
leave already taken by the staff member as provided for in paragraph (1) of
this subclause.
(b) Extended
parental leave may commence at any time up to 2 years from the date of birth of
the child or the taking of custody of the child.
(c) A staff member
who has been granted parental leave may, with the permission of the Chief
Executive Officer, take such leave:
(1) full-time for
a period not exceeding 12 months; or
(2) part-time over
a period not exceeding 2 years; or
(3) partly
full-time and partly part-time over a proportionate period of up to 2 years.
(d) A staff member
who resumes duty immediately on the expiration of parental leave shall:
(1) if the
position occupied by the staff member immediately before the commencement of
that leave still exists - be entitled to be placed in that position; or
(2) if the
position occupied by the staff member has ceased to exist, but there are other
positions available that the staff member is qualified for and is capable of
performing, the staff member shall be appointed, to a position of the same
grade and classification as the staff member’s former position.
(e) Parental leave
shall be granted with pay for 1 week, but otherwise without pay, unless the
staff member elects to take accrued recreation or extended leave in respect of
some or all of the period of parental leave.
(f) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(1) the employee
or employee's spouse is pregnant; or
(2) the employee is
or has been immediately absent on parental leave.
The rights of the NSW Aboriginal Land Council in
relation to engagement and re-engagement of casual employees are not affected,
other than in accordance with this clause.
(g) Right to
request
(1) An employee
entitled to parental leave may request the NSW Aboriginal Land Council to allow
the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to 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.
(2) The NSW
Aboriginal Land 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 the employer's business. Such
grounds might include cost, lack of adequate replacement staff, loss of
efficiency and the impact on customer service.
(3) Employee's
request and the employer's decision to be in writing The employee's request and
the NSW Aboriginal land Council decision made under (g) (1) (ii) and (g)
(1)(iii) must be recorded in writing.
(4) Request to
return to work part-time
Where an employee wishes to make a request under (g)
(1)(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.
(h) Communication
during parental leave
(1) Where an employee
is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the NSW Aboriginal Land Council shall 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.
(2) The employee
shall take reasonable steps to inform the NSW Aboriginal Land 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.
(3) The employee
shall also notify the employer of changes of address or other contact details
which might affect the NSW Aboriginal Land Council’s capacity to comply with
paragraph (1).
65. Recreation Leave
(a) Accrual
(1) Except where
stated otherwise in this award, paid recreation leave for full time staff
members and recreation leave for staff members working part-time, accrues at
the rate of 20 working days per year. Staff members working part-time shall
accrue paid recreation leave on a pro rata basis, which will be determined on
the average weekly hours worked per leave year;
(2) Recreation
leave accrues from day to day.
(b) Limits on
Accumulation and Direction to Take leave
(1) At least two
(2) consecutive weeks of recreation leave shall be taken by a staff member
every 12 months, except by agreement with the Chief Executive Officer in
special circumstances.
(2) Where the
operational requirements permit, the application for leave shall be dealt with
by the Chief Executive Officer according to the wishes of the staff member.
(3) The Chief
Executive Officer shall notify the staff member in writing when accrued
recreation leave reaches 6 weeks or its hourly equivalent and at the same time
may direct a staff member to take at least 2 weeks recreation leave within 3
months of the notification at a time convenient to the NSWALC.
(4) The Chief
Executive Officer shall notify the staff member in writing when accrued
recreation leave reaches 8 weeks or its hourly equivalent and direct the staff
member to take at least 2 weeks recreation leave within 6 weeks of the
notification. Such leave is to be taken at a time convenient to the NSW
Aboriginal Land Council.
(c) Conservation
of Leave - If the Chief Executive Officer is satisfied that a staff member is
prevented by operational or personal reasons from taking sufficient recreation
leave to reduce the accrued leave below an acceptable level of between 4 and 6
weeks or its hourly equivalent, the Chief Executive Officer shall:
(1) specify in
writing the period of time during which the excess shall be conserved; and
(2) on the
expiration of the period during which conservation of leave applies, grant
sufficient leave to the staff member at a mutually convenient time to enable
the accrued leave to be reduced to an acceptable level below the 8 weeks'
limit.
(3) A Chief
Executive Officer will inform a staff member in writing on a regular basis of
the staff member’s recreation leave accrual.
(d) Miscellaneous
(1) Unless a local
arrangement has been negotiated between the Chief Executive Officer and the
relevant trade union, recreation leave is not to be granted for a period less
than a quarter-day or in other than multiples of a quarter day.
(2) Recreation
leave for which a staff member is eligible on cessation of employment is to be
calculated to a quarter day (fractions less than a quarter being rounded up).
(3) Recreation
leave does not accrue to a staff member in respect of any period of absence
from duty without leave or without pay, except as specified in paragraph (4) of
this subclause.
(4) Recreation
leave accrues during any period of leave without pay granted on account of
incapacity for which compensation has been authorised to be paid under the Workers’
Compensation Act 1987; or any period of sick leave without pay or any other
approved leave without pay, not exceeding 5 full time working days, or their
part time equivalent, in any period of 12 months.
(5) The
proportionate deduction to be made in respect of the accrual of recreation
leave on account of any period of absence referred to in paragraph (4) of this
subclause shall be calculated to an exact quarter-day (fractions less than a
quarter being rounded down).
(6) Recreation
leave accrues at half its normal accrual rate during periods of extended leave
on half pay.
(7) On cessation
of employment, a staff member is entitled to be paid, the money value of
accrued recreation leave which remains untaken.
(8) A staff member
to whom paragraph (8) of this subclause applies may elect to take all or part
of accrued recreation leave which remains untaken at cessation of active duty
as leave or as a lump sum payment; or as a combination of leave and lump sum
payment.
(e) Death - Where
a staff member dies, the monetary value of recreation leave accrued and
remaining untaken or unforfeited as at the date of death, shall be paid to the staff
member's nominated beneficiary.
(f) Where no
beneficiary has been nominated, the monetary value of recreation leave is to be
paid as follows:
(1) to the partner
of the staff member; or
(2) if there is no
partner, to the children of the staff member or, if there is a guardian of any
children entitled under this subclause, to that guardian for the children's
maintenance, education and advancement; or
(3) if there is no
partner or children, to the person who, in the opinion of the Chief Executive
Officer was, at the time of the staff member's death, a dependent relative of
the staff member; or
(4) if there is no
person entitled under paragraph (1), (2) or (3) of this subclause to receive
the money value of any leave not taken or not completed by a staff member or
which would have accrued to the staff member, the payment shall be made to the
personal representative of the staff member.
66. Annual Leave
Loading
(a) General -
Unless more favourable conditions apply to a staff member under another industrial
instrument, a staff member, other than a trainee who is paid by allowance, is
entitled to be paid an annual leave loading as set out in this subclause.
Subject to the provisions set out in subclauses (b) to (f) of this clause, the
annual leave loading shall be 17½% on the monetary value of up to 4 weeks’
recreation leave accrued in a leave year.
(b) Leave year -
For the calculation of the annual leave loading, the leave year shall commence
on 1 October each year and shall end on 30 September of the following year.
(c) Payment of
annual leave loading - Payment of the annual leave loading shall be made on the
recreation leave accrued during the previous leave year and shall be subject to
the following conditions:
(1) Annual leave
loading shall be paid on the first occasion in a leave year, other than the
first leave year of employment, when a staff member takes at least two (2)
consecutive weeks recreation leave. Where a staff member does not have at least
2 weeks recreation leave available, the staff member may use a combination of
recreation leave and any of the following: public holidays, flex leave,
extended leave, leave without pay, time off in lieu, rostered day off. The
staff member shall be paid the annual leave loading for such period, provided
the absence is at least 2 weeks.
(2) If at least
two weeks’ leave, as set out in paragraph (1) of this subclause, is not taken
in a leave year, then the payment of the annual leave loading entitlement for
the previous leave year shall be made to the staff member as at 30 September of
the current year.
(3) While annual
leave loading shall not be paid in the first leave year of employment, it shall
be paid on the first occasion in the second leave year of employment when at
least two weeks leave, as specified in paragraph (1) of this subclause, is
taken.
(4) A staff member
who has not been paid the annual leave loading for the previous leave year,
shall be paid such annual leave loading on resignation, retirement or
termination by the employer for any reason other than the staff member's
serious and intentional misconduct.
(5) Except in
cases of redundancy, proportionate leave loading is not payable on cessation of
employment.
67. Sick Leave
(a) If the Chief Executive
Officer is satisfied that a staff member is unable to perform duty because of
the staff member's illness or the illness of his/her family member, the Chief
Executive Officer:
(1) shall grant to
the staff member sick leave on full pay; and
(2) may grant to
the staff member, sick leave without pay if the absence of the staff member
exceeds the entitlement of the staff member under this Award to sick leave on
full pay.
(b) Entitlements
(1) Sick leave on
full pay accrues to a staff member at the rate of 15 days each calendar year.
Any leave accrued and not utilised accumulates.
(2) Sick leave on
full pay accrues at the beginning of the calendar year. If a staff member is
appointed after 1 January, sick leave on full pay accrues on a proportionate basis
for the year in which employment commences.
(3) Sick leave
without pay shall count as service for the accrual of recreation leave and paid
sick leave. In all other respects sick leave without pay shall be treated in
the same manner as leave without pay.
(4) When
determining the amount of sick leave accrued, sick leave granted on less than
full pay, shall be converted to its full pay equivalent.
(5) Paid sick
leave shall not be granted during a period of unpaid leave.
(c) Payment during
the initial 3 months of service - Paid sick leave which may be granted to a
staff member, other than a seasonal or relief staff member, in the first 3
months of service shall be limited to 5 days’ paid sick leave, unless the Chief
Executive Officer approves otherwise.
Paid sick leave in excess of 5 days granted in the first 3 months of
service shall be supported by a satisfactory medical certificate.
(d) Relief staff -
No paid sick leave shall be granted to temporary employees who are employed as
relief staff for a period of less than 3 months.
68. Sick Leave -
Requirements for Medical Certificate
(a) A staff member
absent from duty for more than 3 consecutive working days because of illness must
furnish a medical certificate to the Chief Executive Officer in respect of the
absence.
(b) A staff member
shall be put on notice in advance if required by the Chief Executive Officer to
furnish a medical certificate in respect of an absence from duty for 3
consecutive working days or less because of illness.
(c) If there is
any concern about the reason shown on the medical certificate, the Chief
Executive Officer, after discussion with the staff member, may refer the
medical certificate and the staff member's application for leave to the
independent Medical Officer for advice.
(d) The nature of
the leave to be granted to a staff member shall be determined by the Chief
Executive Officer on the advice of the independent Medical Officer.
(e) If sick leave
applied for is not granted, the Chief Executive Officer must, as far as
practicable, take into account the wishes of the staff member when determining
the nature of the leave to be granted.
(f) A staff
member may elect to have an application for sick leave dealt with
confidentially by the independent Medical Officer where such illness is of
personal or private nature.
(g) If a staff
member who is absent on recreation leave or extended leave, furnishes to the
Chief Executive Officer a satisfactory medical certificate in respect of an
illness which occurred during the leave, the Chief Executive Officer may,
subject to the provisions of this clause, grant sick leave to the staff member
as follows:-
(1) in respect of
recreation leave, the period set out in the medical certificate;
(2) in respect of
extended leave, the period set out in the medical certificate if such period is
5 working days or more.
(h) Subclause (g)
above applies to all staff members other than those on leave prior to
resignation or termination of services, unless the resignation or termination
of services amounts to a retirement.
(i) The reference
in subclause (g) of this clause to a medical certificate shall apply, as
appropriate, to the certificates of up to one week provided by a registered
dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and
maxillo facial surgeon or, at the Chief Executive Officer's discretion, another
registered health services provider. Where the absence exceeds one week, and
unless the health provider listed above is also a registered medical
practitioner, applications for any further sick leave must be supported by a
medical certificate from a registered medical practitioner.
69. Sick Leave to
Care for a Family Member
(1) Use of Sick
Leave -
When family and community service leave provided for in
Clause 60 is exhausted, a staff member with responsibilities in relation to a
category of person set out in subclause (c) of this clause who needs the staff
member's care and support, may elect to use available paid sick leave, subject
to the conditions specified in this subclause, to provide such care and support
when a family member is ill. Such leave
may be taken for part of a single day.
(a) The sick leave
shall initially be taken from the current leave year’s entitlement followed, if
necessary, by the sick leave accumulated over the previous 3 years. In special
circumstances, the Chief Executive Officer may grant additional sick leave from
the sick leave accumulated during the staff member’s eligible service.
(b) If required by
the Chief Executive Officer, the staff member must establish by production of a
medical certificate or statutory declaration, the illness of the person
concerned.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(1) the staff
member being responsible for the care and support of the person concerned; and
(2) the person
concerned being:
a spouse of the staff member; or
a child or an adult child (including an adopted child,
a step child, a foster child or an ex-nuptial child), parent (including a
foster parent and legal guardian), grandparent, grandchild or sibling of the
staff member or of spouse or of de facto spouse of the staff member; or
a partner who lives with the staff member as the
partner of that staff member on a bona fide domestic basis; or a relative of
the staff member who is a member of the same household, where for the purposes
of this definition:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(d) An employee shall,
wherever practicable, give the employer notice, prior to the absence, of the
intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose -
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave -
(a) An employee
may elect, with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single-day
periods or part thereof in any calendar year at a time or times agreed by the
parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single-day absences until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime -
(a) For the
purpose only of providing care and support for a person in accordance with
subclause (1) of this clause, and despite the provisions of Clause 80. Payment for Overtime or Leave in Lieu the
following provisions shall apply:
(b) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(c) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(d) If, having
elected to take time as leave in accordance with paragraph (b) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(e) Where no
election is made in accordance with the said paragraph (b), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time -
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time) at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days
Off -
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility and providing a
reasonable opportunity for the union(s) to participate in negotiations.
70. Sick Leave -
Workers Compensation
(a) The Chief
Executive Officer shall advise each staff member of the rights under the Workers
Compensation Act 1987, as amended from time to time, and shall give such
assistance and advice, as necessary, in the lodging of any claim.
(b) A staff member
who is or becomes unable to attend for duty or to continue on duty in
circumstances which may give the staff member a right to claim compensation
under the Workers Compensation Act 1987, shall be required to lodge a claim for
any such compensation.
(c) Where, due to
the illness or injury, the staff member is unable to lodge such a claim in
person, the Chief Executive Officer shall assist the staff member or the
representative of the staff member, as required, to lodge a claim for any such
compensation.
(d) The Chief
Executive Officer will ensure that, once received by the NSW Aboriginal Land
Council, a staff member’s worker’s compensation claim is lodged by the
Aboriginal Land Council with the workers’ compensation insurer within the
statutory period prescribed in the Workers Compensation Act 1987.
(e) Pending the
determination of that claim and on production of an acceptable medical
certificate, the Chief Executive Officer shall grant sick leave on full pay for
which the staff member is eligible followed, if necessary, by sick leave
without pay or, at the staff member's election by accrued recreation leave or
extended leave.
(f) If liability
for the workers compensation claim is accepted, then an equivalent period of
any sick leave taken by the staff member pending acceptance of the claim shall
be restored to the credit of the staff member.
(g) A staff member
who continues to receive compensation after the completion of the period of 26
weeks referred to in section 36 of the Workers Compensation Act 1987 may
use any accrued and untaken sick leave to make up the difference between the
amount of compensation payable under that Act and the staff member's ordinary
rate of pay. Sick leave utilised in this way shall be debited against the staff
member.
(h) If a staff
member notifies the appropriate Chief Executive Officer that he or she does not
intend to make a claim for any such compensation, the Chief Executive Officer
shall consider the reasons for the staff member's decision and shall determine
whether, in the circumstances, it is appropriate to grant sick leave in respect
of any such absence.
(i) A staff
member may be required to submit to a medical examination under the Workers
Compensation Act 1987 in relation to a claim for compensation under that
Act. If a staff member refuses to
submit to a medical examination without an acceptable reason, the staff member
shall not be granted available sick leave on full pay until the examination has
occurred and a medical certificate is issued indicating that the staff member
is not fit to resume employment.
(j) If the Chief
Executive Officer provides the staff member with employment which meets the
terms and conditions specified in the medical certificate issued under the Workers
Compensation Act 1987 and the Workplace Injury Management and Workers
Compensation Act 1998 and, without good reason, the staff member fails, to
resume or perform such duties, the staff member shall be ineligible for all
payments in accordance with this clause from the date of the refusal or
failure.
(k) No further
sick leave shall be granted on full pay if there is a commutation of weekly
payments of compensation by the payment of a lump sum pursuant to section 51 of
the Workers Compensation Act 1987.
(l) Nothing in
this clause prevents a staff member from appealing a decision or taking action
under other legislation made in respect of:
(1) the staff
member's claim for workers' compensation;
(2) the conduct of
a medical examination by a Medical Officer;
(3) a medical
certificate issued by the examining Medical Officer; or
(4) action taken
by the Chief Executive Officer either under the Workers Compensation Act 1987
or any other relevant legislation in relation to a claim for workers'
compensation, medical examination or medical certificate.
71. Sick Leave -
Claims Other Than Workers Compensation
(a) If the
circumstances of any injury to or illness of a staff member give rise to a
claim for damages or to compensation, other than compensation under the Workers
Compensation Act 1987, sick leave on full pay may, subject to and in
accordance with this clause, be granted to the staff member on completion of an
acceptable undertaking that:
(1) any such
claim, if made, will include a claim for the value of any period of paid sick
leave granted by the NSWALC to the staff member; and
(2) in the event
that the staff member receives or recovers damages or compensation pursuant to
that claim for loss of salary or wages during any such period of sick leave,
the staff member will repay to the NSW Aboriginal Land Council the monetary
value of any such period of sick leave.
(b) Sick leave on
full pay shall not be granted to a staff member who refuses or fails to
complete an undertaking, except in cases where the Chief Executive Officer is
satisfied that the refusal or failure is unavoidable.
(c) On repayment
to the NSW Aboriginal Land Council of the monetary value of sick leave granted
to the staff member, sick leave equivalent to that repayment and calculated at
the staff member’s ordinary rate of pay, shall be restored to the credit of the
staff member.
72. Special Leave
(a) Special Leave
- Jury Service
(1) A staff member
shall, as soon as possible, notify the Chief Executive Officer of the details
of any jury summons served on the staff member.
(2) A staff member
who, during any period when required to be on duty, attends a court in answer
to a jury summons shall, upon return to duty after discharge from jury service,
furnish to the Chief Executive Officer a certificate of attendance issued by
the Sheriff or by the Registrar of the court giving particulars of attendances
by the staff member during any such period and the details of any payment or
payments made to the staff member under section 72 of the Jury Act 1977
in respect of any such period.
(3) When a
certificate of attendance on jury service is received in respect of any period
during which a staff member was required to be on duty, the Chief Executive
Officer shall grant, in respect of any such period for which the staff member
has been paid out-of-pocket expenses only, special leave on full pay. In any
other case, the Chief Executive Officer shall grant, at the sole election of
the staff member, available recreation eave on full pay, flex leave or leave
without pay.
(b) Witness at
Court - Official Capacity - When a staff member is subpoenaed or called as a
witness in an official capacity, the staff member shall be regarded as being on
duty.
(1) Salary and any
expenses properly and reasonably incurred by the staff member in connection
with the staff member’s appearance at Court as a witness in an official
capacity shall be paid by the NSW Aboriginal Land Council.
(c) Witness at
Court - Other than in Official Capacity - Crown Witness - A staff member who is
subpoenaed or called as a witness by the Crown (whether in right of the
Commonwealth or in right of any State or Territory of the Commonwealth) shall:
(1) be granted,
for the whole of the period necessary to attend as such a witness, special
leave on full pay; and
(2) pay into the
NSW Aboriginal Land Council all money paid to the staff member under or in
respect of any such subpoena or call other than any such money so paid in
respect of reimbursement of necessary expenses properly incurred in answer to
that subpoena or call.
(3) Union Witness
- a staff member called by the Association to give evidence before an
Industrial Tribunal or in another jurisdiction, shall be granted special leave
by the Aboriginal Land Council for the required period.
(d) Called as a
witness in a private capacity - A staff member who is subpoenaed or called as a
witness in a private capacity shall, for the whole of the period necessary to
attend as such a witness, be granted at the staff member's election, available
recreation leave on full pay or leave without pay.
(e) Special Leave
- Examinations - Special leave on full pay up to a maximum of 5 days in any one
year shall be granted to staff members for the purpose of attending at any
examination approved by the Chief Executive Officer.
(1) Special leave
granted to attend examinations shall include leave for any necessary travel to
or from the place at which the examination is held.
(f) Special Leave
- Union Activities - Special leave on full pay may be granted to staff members
who are accredited Public Service Association delegates to undertake trade
union activities as provided for in Clause 42. Trade Union Activities Regarded
as Special Leave of this award.
(g) Return Home
When Temporarily Living Away from Home - Sufficient special leave, as set out
in this subclause, shall be granted to a staff member who is temporarily living
away from home as a result of work requirements. Such staff member shall be
granted sufficient special leave once a month before or after a weekend or a
long weekend or, in the case of a shift worker, before or after rostered days
off, to return home to spend two days and two nights with the family. If the
staff member wishes to return home more often, such staff member may be granted
recreation leave, extended leave or flexleave to credit or leave without pay,
if the operational requirements allow.
(h) Return Home
When Transferred to New Location - Special leave shall be granted to a staff
member who has moved to the new location ahead of dependants, to visit such
dependants.
(i) All employees
of the NSW Aboriginal Land Council will be granted up to one day’s special
leave per year to enable the staff member to participate in the National
Aborigines and Islander Day of Commemoration Celebrations.
(j) Special Leave
- Other Purposes - Special leave on full pay may be granted to staff members by
the Chief Executive Officer for such other purposes, as may be deemed
appropriate.
73. Staff Development
and Training Activities
(a) For the
purpose of this clause, the following shall be regarded as staff development
and training activities:
(1) all staff
development courses conducted by the NSW Aboriginal Land Council;
(2) short
educational and training courses conducted by generally recognised public or
private educational bodies; and
(3) conferences,
conventions, seminars, or similar activities conducted by professional, learned
or other generally recognised societies, including Federal or State Government
bodies.
(b) For the
purposes of this clause, the following shall not be regarded as staff
development and training activities:
(1) activities for
which study assistance is appropriate;
(2) activities to
which other provisions of this award apply (e.g. courses conducted by the
Association); and
(3) activities
which are of no specific relevance to the NSW Aboriginal Land Council.
(c) Attendance of
a staff member at activities considered by the Chief Executive Officer to be:
(1) essential for
the efficient operation of the NSW Aboriginal Land Council; or
(2) developmental and
of benefit to the NSW Aboriginal Land Council;
shall be regarded as on duty for the purpose of payment
of salary if a staff member attends such an activity during normal working
hours.
(d) The following
provisions shall apply, as appropriate, to the activities considered to be
essential for the efficient operation of the NSW Aboriginal Land Council:
(1) recognition
that the staff members are performing normal duties during the course;
(2) adjustment for
the hours so worked under flexible working hours;
(3) payment of
course fees:
(4) payment of all
actual necessary expenses or payment of allowances in accordance with this
award, provided that the expenses involved do not form part of the course and
have not been included in the course fees; and
(5) payment of
overtime where the activity could not be conducted during the staff member's
normal hours and the Chief Executive Officer is satisfied that the approval to
attend constitutes a direction to work overtime under Clause 75 -
Overtime-General.
(e) The following
provisions shall apply, as appropriate, to the activities considered to be
developmental and of benefit to the NSW Aboriginal Land Council:
(1) recognition of
the staff member as being on duty during normal working hours whilst attending the
activity;
(2) payment of
course fees;
(3) reimbursement
of any actual necessary expenses incurred by the staff member for travel costs,
meals and accommodation, provided that the expenses have not been paid as part
of the course fee; and
(4) such other
conditions as may be considered appropriate by the Chief Executive Officer
given the circumstances of attending at the activity, such as compensatory
leave for excess travel or payment of travelling expenses.
(f) Where the
training activities are considered to be principally of benefit to the staff
member and of indirect benefit to the NSW Aboriginal Land Council, special
leave of up to 10 days per year shall be granted to a staff member. If
additional leave is required and the Chief Executive Officer is able to release
the staff member, such leave shall be granted as a charge against available
flexleave, recreation/extended leave or as leave without pay.
(g) Higher Duties
Allowance - Payment of a higher duties allowance is to continue where the staff
member attends a training or developmental activity whilst on duty in
accordance with this subclause.
(h) Ceremonial
Leave - Unpaid leave of up to 10 days each year will be granted to meet
obligations under the Aboriginal custom or traditional law and to participate
in ceremonial activities.
74. Study Assistance
(a) The Chief
Executive Officer shall have the power to grant or refuse study time.
(b) Where the
Chief Executive Officer approves the grant of study time, the grant shall be
subject to:
(1) the course
being a course relevant to the NSW Aboriginal Land Council;
(2) the time being
taken at the convenience of the NSW Aboriginal Land Council; and
(3) paid study
time not exceeding a maximum of 4 hours per week.
(c) Study time may
be granted to both full and part-time staff members. Part-time staff members
however shall be entitled to a pro-rata allocation of study time to that of a
full-time staff member.
(d) Study time may
be used for:
(1) attending
compulsory lectures, tutorials, residential schools, field days etc., where
these are held during working hours; and/or
(2) necessary
travel during working hours to attend lectures, tutorials etc., held during or
outside working hours; and/or private study; and/or accumulation, subject to
the conditions specified in subclauses (f) to (j) of Clause 74 - Study
Assistance of this award.
(e) Staff members
requiring study time must nominate the type(s) of study time preferred at the
time of application and prior to the proposed commencement of the academic
period. The types of study time are as follows:
(1) Face-to-Face -
Staff members may elect to take weekly and/or accrued study time, subject to
the provisions for its grant.
(2) Correspondence
- Staff members may elect to take weekly and/or accrued study time, or time off
to attend compulsory residential schools.
(3) Accumulation -
Staff members may choose to accumulate part or all of their study time as
provided in subclauses (f) to (j) of clause 74 - Study Assistance of this
award.
(f) Accumulated
study time may be taken in any manner or at any time, subject to operational
requirements of the NSW Aboriginal Land Council.
(g) Where at the
commencement of an academic year/semester a staff member elects to accrue study
time and that staff member has consequently foregone the opportunity of taking
weekly study time, the accrued period of time off must be granted even if
changed work circumstances mean absence from duty would be inconvenient.
(h) Staff members
attempting courses which provide for annual examinations, may vary the election
as to accrual, made at the commencement of an academic year, effective from 1st
July in that year.
(i) Where a staff
member is employed after the commencement of the academic year, weekly study
time may be granted with the option of electing to accrue study time from 1st
July in the year of entry on duty or from the next academic year, whichever is
the sooner.
(j) Staff members
studying in semester based courses may vary their election as to accrual or
otherwise from semester to semester.
(k) Correspondence
Courses - Study time for staff members studying by correspondence accrues on
the basis of half an hour for each hour of lecture/tutorial attendance involved
in the corresponding face-to-face course, up to a maximum grant of 4 hours per
week. Where there is no corresponding face-to-face course, the training
institution should be asked to indicate what the attendance requirements would
be if such a course existed.
(l) Correspondence
students may elect to take weekly study time and/or may accrue study time and
take such accrued time when required to attend compulsory residential schools.
(m) Repeated
subjects - Study time shall not be granted for repeated subjects.
(n) Expendable
grant - Study time if not taken at the nominated time shall be forfeited. If
the inability to take study time occurs as a result of a genuine emergency at
work, study time for that week may be granted on another day during the same
week.
(o) Examination
Leave - Examination leave shall be granted as special leave for all courses of
study approved in accordance with this clause.
(p) The period
granted as examination leave shall include:
(1) time actually
involved in the examination;
(2) necessary
travelling time, in addition to examination leave;
but is limited to a maximum of 5 days in any one year.
Examination leave is not available where an examination is conducted within the
normal class timetable during the term/semester and study time has been granted
to the staff member.
(q) The
examination leave shall be granted for deferred examinations and in respect of
repeat studies.
(r) Study Leave -
Study leave for full-time study is granted to assist those staff members who
win scholarships/fellowships/awards or who wish to undertake full-time study
and/or study tours. Study leave may be granted for studies at any level,
including undergraduate study.
(s) All staff
members are eligible to apply and no prior service requirements are necessary.
(t) Study leave
shall be granted without pay, except where the Chief Executive Officer approves
financial assistance. The extent of financial assistance to be provided shall
be determined by the Chief Executive Officer according to the relevance of the
study to the workplace and may be granted up to the amount equal to full
salary.
(u) Where
financial assistance is approved by the Chief Executive Officer for all or part
of the study leave period, the period shall count as service for all purposes
in the same proportion as the quantum of financial assistance bears to full
salary of the staff member.
(v) Scholarships
for Part-Time Study - In addition to the study time/study leave provisions under
this subclause, the NSW Aboriginal Land Council may choose to identify courses
or educational programmes of particular relevance or value and establish a NSW
Aboriginal Land Council scholarship to encourage participation in these courses
or programmes. The conditions under which such scholarships are provided should
be consistent with the provisions of this clause.
75. Overtime -
General
(a) A staff member
may be directed by the Chief Executive Officer to work overtime, provided it is
reasonable for the staff member to be required to do so. A staff member may
refuse to work overtime in circumstances where the working of such overtime
would result in the staff member working unreasonable hours. In determining
what is unreasonable, the following factors shall be taken into account:
(1) The staff
member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements,
(2) Any risk to
staff member health and safety,
(3) The urgency of
the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services,
(4) The notice (if
any) given by the Chief Executive Officer regarding the working of the
overtime, and by the staff member of their intention to refuse overtime, or
(5) Any other
relevant matter.
(b) Payment for
overtime shall be made only where the staff member works directed overtime.
76. Rate of Payment
for Overtime
(a) Rates - Overtime
shall be paid at the following rates:
(1) Weekdays
(Monday to Friday inclusive) - at the rate of time and one-half for the first
two hours and at the rate of double time thereafter for all directed overtime
worked outside the staff member’s ordinary hours of duty, if working standard
hours, or outside the bandwidth, if working under a flexible working hours
scheme, unless local arrangements negotiated in terms of clause 11, Local
Arrangements of this award apply.
(2) Saturday - All
overtime worked on a Saturday at the rate of time and one-half for the first
two hours and at the rate of double time thereafter.
(3) Sundays - All
overtime worked on a Sunday at the rate of double time.
(4) Public
Holidays - All overtime worked on a public holiday at the rate of double time
and one half.
(b) If a staff
member is absent from duty on any working day during any week in which overtime
has been worked the time so lost may be deducted from the total amount of
overtime worked during the week unless the staff member has been granted leave
of absence or the absence has been caused by circumstances beyond the staff
member’s control.
(c) A staff member
who works overtime on a Saturday, Sunday or public holiday, shall be paid a
minimum payment as for three (3) hours work at the appropriate rate.
(d) Rest Periods -
(1) A staff member
who works overtime shall be entitled to be absent until eight (8) consecutive
hours have elapsed.
(2) Where a staff
member, at the direction of the supervisor, resumes or continues work without
having had eight (8) consecutive hours off duty then such staff member shall be
paid at the appropriate overtime rate until released from duty. The staff member shall then be entitled to
eight (8) consecutive hours off duty and shall be paid for the ordinary working
time occurring during the absence.
77. Recall to Duty
(1) A staff member
recalled to work overtime after leaving the NSW Aboriginal Land Council’s
premises shall be paid for a minimum of three (3) hours work at the appropriate
overtime rates.
(2) The staff
member shall not be required to work the full three (3) hours if the job can be
completed within a shorter period.
(3) When a staff
member returns to the place of work on a number of occasions in the same day and
the first or subsequent minimum pay period overlap into the next call out
period, payment shall be calculated from the commencement of the first recall
until either the end of duty or three (3) hours from the commencement of the
last recall, whichever is the greater. Such time shall be calculated as one
continuous period.
(4) When a staff
member returns to the place of work on a second or subsequent occasion and a
period of three (3) hours has elapsed since the staff member was last recalled,
overtime shall only be paid for the actual time worked in the first and
subsequent periods with the minimum payment provision only being applied to the
last recall on the day.
(5) A recall to
duty commences when the staff member starts work and terminates when the work
is completed. A recall to duty does not include time spent travelling to and
from the place at which work is to be undertaken.
(6) A staff member
recalled to duty within three (3) hours of the commencement of usual hours of
duty shall be paid at the appropriate overtime rate from the time of recall to
the time of commencement of such normal work.
(7) This subclause
shall not apply in cases where it is customary for a staff member to return to
the NSW Aboriginal Land Council’s premises to perform a specific job outside
the staff member’s ordinary hours of duty, or where overtime is continuous with
the completion or commencement of ordinary hours of duty. Overtime worked in
these circumstances shall not attract the minimum payment of three (3) hours unless
the actual time worked is three (3) or more hours.
78. Overtime Meal
Breaks
(a) Staff members
not working flexible hours - A staff member required to work overtime on
weekdays for an hour and a half or more after the staff member’s ordinary hours
of duty on weekdays, shall be allowed 30 minutes for a meal and thereafter, 30
minutes for a meal after every five hours of overtime worked.
(b) Staff member
working flexible hours - A staff member required to work overtime on weekdays
beyond 6.00 p.m. and until or beyond eight and a half hours after commencing
duty plus the time taken for lunch, shall be allowed 30 minutes for a meal and
thereafter, 30 minutes for a meal after every five hours of overtime worked.
(c) Staff Members
Generally - A staff member required to work overtime on a Saturday, Sunday or
Public Holiday, shall be allowed 30 minutes for a meal after every five hours
of overtime worked. A staff member who is unable to take a meal break and who
works for more than five hours shall be given a meal break at the earliest
opportunity.
79. Overtime Meal
Allowances
(a) If an adequate
meal is not provided by the NSW Aboriginal Land Council, a meal allowance shall
be paid by the NSW Aboriginal Land Council at the appropriate rate specified in
Item 9 of Table 1 Part B, Monetary Rates, provided the Chief Executive Officer
is satisfied that:
(1) the time
worked is directed overtime;
(2) the staff
member properly and reasonably incurred expenditure in obtaining the meal in
respect of which the allowance is sought;
(3) where the
staff member was able to cease duty for at least 30 minutes before or during
the working of overtime to take the meal, the staff member did so; and
(4) overtime is not
being paid in respect of the time taken for a meal break.
(b) Notwithstanding
the above provisions, nothing in this clause shall prevent the Chief Executive
Officer and the Public Service Association from negotiating different meal
provisions under a local arrangement.
80. Payment for
Overtime Or Leave in Lieu
(a) The Chief
Executive Officer shall grant compensation for directed overtime worked either
by payment at the appropriate rate or, if the staff member so elects, by the
grant of leave in lieu in accordance with subclause (b) of this clause.
(b) The following
provisions shall apply to the leave in lieu:
(1) the staff
member shall advise the supervisor before the overtime is worked or as soon as
practicable on completion of overtime, that the staff member intends to take
leave in lieu of payment;
(2) the leave
shall be calculated at the same rate as would have applied to the payment of
overtime in terms of this clause;
(3) the leave must
be taken at the convenience of the NSW Aboriginal Land Council except when
leave in lieu is being taken to look after a sick family member. In such cases,
the conditions set out in Clause 69 - Sick Leave to Care for a Family Member
apply;
(4) the leave
shall be taken in multiples of a quarter day, unless debiting of leave in hours
or in fractions of an hour has been approved by NSW Aboriginal Land Council;
(5) leave in lieu
accrued in respect of overtime worked on days other than public holidays, shall
be given by the NSW Aboriginal Land Council and taken by the staff member
within three months of accrual unless alternate local arrangements have been
negotiated between the Chief Executive Officer and the Public Service
Association;
(6) at the staff
member’s election, leave in lieu accrued in respect of overtime worked on a
public holiday may be added to the staff member’s annual leave credits and may
be taken in conjunction with annual leave; and
(7) a staff member
shall be paid for the balance of any overtime entitlement not taken as leave in
lieu.
81. Calculation of
Overtime
(a) Unless a
minimum payment in terms of subclause (b) of paragraph (4) of this clause
applies, overtime shall not be paid if the total period of overtime worked is
less than a quarter of an hour.
(b) The formula for
the calculation of overtime at ordinary rates for staff members employed on a
five (5) day basis shall be:
Annual Salary
|
x
|
5
|
x
|
1
|
1
|
|
260.89
|
|
No of ordinary
hours of work per week
|
(c) To determine time
and one half, double time or double time and one half, the hourly rate at
ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated
to the nearest cent.
(d) Overtime is
not payable for time spent travelling.
82. Review of Overtime
Meal Allowances
(a) The rates of
overtime meal allowances shall be adjusted in accordance with the provisions
contained in Clause 40 - Review of Allowances payable in terms of this award.
(b) Where an
allowance payable under Clause 79 - Overtime Meal Allowances of this award is
insufficient to reimburse the staff member the cost of a meal, properly and
reasonably incurred, the Chief Executive Officer may approve payment of actual
expenses.
(c) Where the meal
was not purchased, payment of a meal allowance shall not be made.
(d) Receipts shall
be provided to the Chief Executive Officer or his/her delegate in support of
any claims for additional expenses or when the staff member is required to
substantiate the claim.
83. Provision of Transport
in Conjunction With Working of Overtime
(a) For the
purpose of this subclause, departure or arrival after 8.00 p.m. will determine
whether the provisions of this subclause apply.
Departure or arrival after 8.00 p.m. of a staff member
on overtime or a regular or rotating shift roster, does not in itself warrant
the provision of transport. It needs to
be demonstrated that the normal means of transport, public or otherwise, is not
reasonably available and/or that travel by such means of transport places the
safety of the officer/employee at risk.
The responsibility of deciding whether the provision of
assistance with transport is warranted in the circumstances set out above,
rests with administrative units of the NSW Aboriginal Land Council where knowledge
of each particular situation will enable appropriate judgements to be made.
(b) Arrangement of
Overtime
Where overtime is required to be performed, it should
be arranged, as far as is reasonably possible, so that the public servant can
use public transport or other normal means of transport to and from work.
(c) Provision of
Taxis
Where a staff member:
ceases overtime duty after 8.00 pm;
and public transport or other normal means of transport
is not reasonably available, arrangements may be made for transport home or to
be provided by way of taxi.
84. Salary Sacrifice
Salary Sacrifice to Superannuation -
(a) Notwithstanding
the salaries prescribed by this award, an employee may elect, subject to the
agreement of the NSW Aboriginal Land Council, to sacrifice a portion of the
salary payable under this clause 5, to additional employer superannuation
contributions. Such election must be made prior to the commencement of the
period of service to which the earnings relate. The amount sacrificed must not exceed 30 per cent of the salary
payable under this said clause 5 or 30 per cent of the currently applicable
superannuable salary, whichever is the lesser.
In this clause "superannuable salary" means the employee’s
salary as notified from time to time to the New South Wales public sector
superannuation trustee corporations.
(b) Where the
employee has elected to sacrifice a portion of that payable salary to
additional employer superannuation contributions:
(i) subject to Australian
Taxation Law, the sacrificed portion of salary will reduce the salary subject
to appropriate PAYE taxation deductions by the amount of that sacrificed
portion; and
(ii) any
allowance, penalty rate, overtime, payment for unused leave entitlements,
weekly worker’s compensation or other payment, other than any payment for leave
taken in service, to which an employee is entitled under this award or any
applicable award, Act or statute which is expressed to be determined by
reference to an employee’s salary, shall be calculated by reference to the
salary which would have applied to the employee under this clause in the
absence of any salary sacrifice to superannuation made under this award.
(c) The employee
may elect to have the portion of payable salary which is sacrificed to
additional employer superannuation contributions:
(i) paid into the
superannuation scheme established under the First State Superannuation Act
1992, an optional employer contributions; or
(ii) subject to
the NSW Aboriginal Land Council’s agreement paid into a private sector
complying superannuation scheme as employer superannuation contributions.
(d) Where an
employee elects to salary sacrifice in terms of paragraph (c) of this sub
clause the NSW Aboriginal Land Council will pay the sacrificed amount into the
relevant superannuation fund.
(e) Where the
employee is a member of a superannuation scheme established under:
(i) the Police
Regulation (Superannuation) Act 1906;
(ii) the Superannuation
Act 1916;
(iii) the State
Authorities Superannuation Act 1987;
(iv) the State
Authorities Non-contributory Superannuation Act 1987; or
(v) the First
State Superannuation Act 1992,
the NSW Aboriginal Land Council must ensure that the
amount of any additional employer superannuation contributions specified in
paragraph (a) of this subclause is included in the employee’s superannuable
salary which is notified to the New South Wales public sector superannuation
trustee corporations.
(f) Where, prior to
electing to sacrifice a portion of his/her salary to superannuation, an
employee had entered into an agreement with the NSW Aboriginal Land Council to
have superannuation contributions made to a superannuation fund other than a
fund established under legislation listed in paragraph (e) of this subclause,
the NSW Aboriginal Land Council will continue to base contributions to that
fund on the salary payable under this clause to the same extent as applied
before the employee sacrificed a portion of that salary to superannuation. This clause applies even though the
superannuation contributions made by the employer may be in excess of the
superannuation guarantee requirements after the salary sacrifice is
implemented.
85.
Anti-Discrimination
(1) It is the intention
of the parties bound by this award to seek to achieve the object in section
3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti- discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in 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."
85A. Secure
Employment
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her ongoing
contract of employment converted to permanent full-time employment or part-time
employment if the employment is to continue beyond the conversion process
prescribed by this subclause.
(ii) Every
employer of such a casual employee shall give the employee notice in writing of
the provisions of this sub-clause within four weeks of the employee having
attained such period of six months. However, the employee retains his or her
right of election under this subclause if the employer fails to comply with this
notice requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving notice
under paragraph (b)(ii) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not unreasonably
so refuse. Where an employer refuses an election to convert, the reasons for
doing so shall be fully stated and discussed with the employee concerned, and a
genuine attempt shall be made to reach agreement. Any dispute about a refusal
of an election to convert an ongoing contract of employment shall be dealt with
as far as practicable and with expedition through the disputes settlement
procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is
agreed that the employee will become a part-time employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this award pursuant to a part time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act
1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or implementation
of this clause, the matter shall be dealt with pursuant to the disputes
settlement procedure of this award.
(e) This clause
has no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
3. This order
shall take effect from the 1st March 2006.
86. Salary and Wages
The salary ranges prescribed by this award are set out in
Table 2, rates of pay; Part B - Monetary Rates.
All new employees shall be allocated on engagement to a
Group as set out in Table 2 - Rates of Pay such Group to be advised by letter
to the employee within 14 days of the commencement of employment with the NSW
Aboriginal Land Council.
87. No Extra Claims
It is the intention of the parties that this Award shall not
during its currency be subject to further claims save in respect of those
matters accorded specific leave reserved under Clause 88, Leave Reserved.
The Union undertakes that it shall make no extra claim upon
the NSW Aboriginal Land Council for variation of any provision of this Award or
for any payment or condition over and above the Award.
88. Leave Reserved
Leave is expressly reserved to the parties to this Award to
pursue during the currency of this Award an appropriate amendment to the wage
structure to allow for additional groups to be added.
Leave is reserved to the parties to this award to develop a
policy regarding salary packaging
89. Redundancy
Provisions
An employee who accepts voluntary redundancy, or who is
retrenched, will be covered by the provisions of the NSW Aboriginal Land
Council’s Managing Excess Employees policy, which exists at the date of this
award.
In accordance with the Managing Excess Employees Policy an
employee who accepts voluntary redundancy will receive the following redundancy
entitlements:
Four (4) weeks notice or pay in lieu;
Plus
An additional one week’s notice or pay in lieu for
employees aged 45 years and over with 5 or more years of completed service
Plus
Severance pay at the rate of three (3) weeks per year
of continuous service up to a maximum of thirty nine (39) weeks; with pro-rata
payments for incomplete years of service to be on a quarterly basis;
Plus
Benefit allowable as a contributor to a superannuation
or retirement fund;
Plus
Pro-rata annual leave loading in respect of leave
accrued at the date of termination.
Those employees, who accept an offer of redundancy
within two (2) weeks of the offer made and terminate employment within the time
nominated by NSWALC, will be entitled to the following additional payments:
Less than 1 year’s service
|
2 weeks pay
|
1 year and less than 2 year’s service
|
4 weeks pay
|
2 year’s service and less than 3 year’s service
|
6 weeks pay
|
3 year’s service and over
|
8 weeks pay
|
Note: Reference to service in calculating entitlement to
voluntary redundancy is based on a continuous period of employment with the
NSWALC only. As with standard leave provisions,
periods of leave without pay, secondments or similar are not considered as
service for these purposes, (nor are they considered a break in employment) and
periods of part-time employment will enable pro-rata entitlement.
The provisions in this clause apply to permanent employees
only.
90. Area, Incidence
and Duration
This award rescinds and replaces NSW Aboriginal Land Council
Staff Award 2002 published 27 June 2003 (340 I.G. 146) and shall apply to all
employees of the NSW Aboriginal Land Council other than the Chief Executive
Officer and all Station and Farm Managers and all other employees within the
scope of the Pastoral Employees (State) Award published 26 October 2001 (328
I.G. 1188). This Award shall apply from 25 October 2005 to 26 October 2008.
PART B
MONETARY RATES
Table 1 -
Allowances
Effective 1 July
2005
Item No
|
Clause No
|
Description
|
Amount
|
1
|
|
Meal Expenses on One Day
Journeys
|
|
|
|
Capital cities and high cost
country centres
|
|
|
|
(see list in item 2)
|
|
|
26(1)
|
Breakfast
|
$18.90
|
|
26(2)
|
Dinner
|
$36.40
|
|
26(3)
|
Lunch
|
$21.15
|
|
|
Tier 2 and other country
centres (see list in item 2)
|
|
|
|
|
|
|
26(1)
|
Breakfast
|
$16.85
|
|
26(2)
|
Dinner
|
$33.30
|
|
26(3)
|
Lunch
|
$19.30
|
|
|
Travelling Allowances When
Staying in Non-
|
|
|
|
Govt Accommodation
|
|
2
|
27(2)(a)
|
Capital Cities
|
Per day
|
|
|
Adelaide
|
$222.00
|
|
|
Brisbane
|
$226.00
|
|
|
Canberra
|
$199.00
|
|
|
Darwin
|
$219.00
|
|
|
Hobart
|
$195.00
|
|
|
Melbourne
|
$241.00
|
|
|
Perth
|
$209.00
|
|
|
Sydney
|
$248.00
|
|
27(2)(a)
|
High cost country centres
|
Per day
|
|
|
Alice Springs
|
$182.00
|
|
|
Ballarat (Vic)
|
$188.00
|
|
|
Broome (WA)
|
$220.00
|
|
|
Burnie (Tas)
|
$184.50
|
|
|
Carnarvon (WA)
|
$186.00
|
|
|
Christmas Island
|
$211.00
|
|
|
Dampier (WA)
|
$189.00
|
|
|
Devonport (Tas)
|
$190.00
|
|
|
Exmouth
|
$186.00
|
|
|
Gold Coast (Qld)
|
$197.00
|
|
|
Halls Creek
|
$194.50
|
|
|
Horn Island (QLD)
|
$200.00
|
|
|
Jabiru (NT)
|
$296.00
|
|
|
Kalgoorlie (WA)
|
$186.00
|
|
|
Karratha (WA)
|
$243.00
|
|
|
Kununurra (WA)
|
$210.00
|
|
|
Launceston (TAS)
|
$186.00
|
|
|
Maitland (NSW)
|
$183.00
|
|
|
Newcastle (NSW)
|
$199.00
|
|
|
Newman (WA)
|
$208.00
|
|
|
Norfolk Island
|
$191.00
|
|
|
Pt Hedland (WA)
|
$208.00
|
|
|
Queenstown (TAS)
|
$186.50
|
|
|
Thursday Island (Qld)
|
$231.00
|
|
|
Weipa (Qld)
|
$216.00
|
|
|
Wilpena (SA)
|
$194.00
|
|
|
Wollongong (NSW)
|
$191.00
|
|
|
Yulara
|
$373.00
|
|
27(2)(a)
|
Tier 2 country centres
|
Per day
|
|
|
Ararat (Vic)
|
$170.00
|
|
|
Bathurst (NSW)
|
$170.00
|
|
|
Bendigo (Vic)
|
$170.00
|
|
|
Bordertown (SA)
|
$170.00
|
|
|
Broken Hill (NSW)
|
$170.00
|
|
|
Bunbury (WA)
|
$170.00
|
|
|
Cairns (Qld)
|
$170.00
|
|
|
Castlemaine (VIC)
|
$170.00
|
|
|
Cocos (Keeling) Islands
|
$170.00
|
|
|
Geelong (VIC)
|
$170.00
|
|
|
Mount Gambier (SA)
|
$170.00
|
|
|
Mount Isa (QLD)
|
$170.00
|
|
|
Northam (WA)
|
$170.00
|
|
|
Orange (NSW)
|
$170.00
|
|
|
Port Lincln (SA)
|
$170.00
|
|
|
Portland (VIC)
|
$170.00
|
|
|
Wagga Wagga (NSW)
|
$170.00
|
|
|
Warnambool (Vic)
|
$170.00
|
|
|
|
Per Day
|
|
27(2)(a)
|
Other country centres
|
$158.00
|
|
27(2)(b)
|
Incidental expenses when
claiming actual
|
$14.55
|
|
|
expenses - all locations
|
|
|
27(5)
|
Daily allowance payable after 35
days and up to
|
50% of the
appropriate
|
|
|
6 months in the same
location all locations
|
location rate
|
3
|
28
|
NSWALC accommodation-
incidental expenses
|
$14.55 per day
|
4
|
33(d)
|
Use of private motor vehicle
|
Cents per kilometre
|
|
|
|
|
|
|
Official business
|
|
|
|
Engine capacity-
|
|
|
|
over 2700cc
|
79.1
|
|
|
1600cc to 2700cc
|
73.6
|
|
|
under 1600cc
|
52.7
|
|
|
Casual rate
|
|
|
|
Engine capacity-
|
|
|
|
Over 2700cc
|
28.1
|
|
|
1600cc-2700cc
|
26.1
|
|
|
under 1600cc
|
22.0
|
5
|
34
|
Insurance cover
|
Up to
|
|
|
|
$A 1,173.00
|
6
|
36
|
Exchanges
|
Actual cost
|
7
|
38(a)
|
Garage and carport allowance
|
Per annum
|
|
|
- Garage allowance
|
$491 pa
|
|
|
- Carport allowance
|
$109 pa
|
8
|
39 (a)
|
First aid allowance
|
Per annum
|
|
|
- Holders of basic
qualifications
|
$615 pa
|
|
|
- Holders of current
occupational first aid
|
$926 pa
|
|
|
certificate
|
|
9
|
78(a)
|
Overtime meal allowances
|
Effective 1 July
2005
|
|
|
Breakfast
|
$21.10
|
|
|
Lunch
|
$21.10
|
|
|
Dinner
|
$21.10
|
Table 2 - Rates of
Pay
|
1 October 2004
|
25 Oct 2005
|
1 July 2006
|
1 July 2007
|
1 July 2008
|
Group 11
|
$
|
$
|
$
|
$
|
$
|
Year 3
|
68,037
|
72,119
|
75,004
|
78,004
|
81,124
|
Year 2
|
64,945
|
68,842
|
71,596
|
74,460
|
77,438
|
Year 1
|
61,852
|
65,563
|
68,186
|
70,913
|
73,750
|
Group 10
|
|
|
|
|
|
Year 3
|
61,852
|
65,563
|
68,186
|
70,913
|
73,750
|
Year 2
|
59,040
|
62,582
|
65,085
|
67,688
|
70,396
|
Year 1
|
56,229
|
59,603
|
61,987
|
64,466
|
67,045
|
Group 9
|
|
|
|
|
|
Year 3
|
56,229
|
59,603
|
61,987
|
64,466
|
67,045
|
Year 2
|
53,673
|
56,893
|
59,169
|
61,536
|
63,997
|
Year 1
|
51,118
|
54,185
|
56,352
|
58,606
|
60,950
|
Group 8
|
|
|
|
|
|
Year 3
|
51,118
|
54,185
|
56,352
|
58,606
|
60,950
|
Year 2
|
48,795
|
51,723
|
53,792
|
55,944
|
58,182
|
Year 1
|
46,470
|
49,258
|
51,228
|
53,277
|
55,408
|
Group 7
|
|
|
|
|
|
Year 3
|
46,470
|
49,258
|
51,228
|
53,277
|
55,408
|
Year 2
|
44,358
|
47,019
|
48,900
|
50,856
|
52,890
|
Year 1
|
42,246
|
44,781
|
46,572
|
48,435
|
50,372
|
Group 6
|
|
|
|
|
|
Year 3
|
42,246
|
44,781
|
46,572
|
48,435
|
50,372
|
Year 2
|
40,326
|
42,746
|
44,456
|
46,234
|
48,083
|
Year 1
|
38,406
|
40,710
|
42,338
|
44,032
|
45,793
|
Group 5
|
|
|
|
|
|
Year 3
|
38,406
|
40,710
|
42,338
|
44,032
|
45,793
|
Year 2
|
36,661
|
38,861
|
40,415
|
42,032
|
43,713
|
Year 1
|
34,914
|
37,009
|
38,489
|
40,029
|
41,630
|
Group 4
|
|
|
|
|
|
Year 3
|
34,914
|
37,009
|
38,489
|
40,029
|
41,630
|
Year 2
|
33,327
|
35,327
|
36,740
|
38,210
|
39,737
|
Year 1
|
31,741
|
33,645
|
34,991
|
36,391
|
37,847
|
Group 3
|
|
|
|
|
|
Year 3
|
31,741
|
33,645
|
34,991
|
36,391
|
37,847
|
Year 2
|
30,299
|
32,117
|
33,402
|
34,738
|
36,128
|
Year 1
|
28,856
|
30,587
|
31,810
|
33,082
|
34,405
|
Group 2
|
|
|
|
|
|
Year 3
|
28,856
|
30,587
|
31,810
|
33,082
|
34,405
|
Year 2
|
27,544
|
29,197
|
30,365
|
31,580
|
32,843
|
Year 1
|
26,232
|
27,806
|
28,918
|
30,075
|
31,278
|
Group 1
|
|
|
|
|
|
Year 3
|
26,232
|
27,806
|
28,918
|
30,075
|
31,278
|
Year 2
|
25,040
|
26,542
|
27,604
|
28,708
|
29,856
|
Year 1
|
23,848
|
25,279
|
26,290
|
27,342
|
28,436
|
M.
SCHMIDT J
____________________
Printed by the
authority of the Industrial Registrar.