City of Sydney Wages/Salary Award 2010

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1667 of 2008)

 

 

REVIEWED AWARD

 

SECTION ONE - COMMON CONDITIONS OF EMPLOYMENT

 

PART ONE - PRELIMINARY MATTERS

 

Clause No.     Subject Matter

 

SECTION 1 - COMMON CONDITIONS OF EMPLOYMENT

 

PART ONE - PRELIMINARY MATTERS

 

1.        Title

2.        Purpose

3.        Application and Operation

4.        Definitions

 

PART TWO - EMPLOYMENT ARRANGEMENTS

 

5.        Terms of Employment.

6.        Hours of Work (Including shift work)

7.        Local Workplace Agreements

8.        Public Holidays

9.        Overtime

10.      Meal and Crib Breaks

11.      Occupational Health and Safety in the Workplace

12.      Workplace Change & Redundancy

13.      Anti-Discrimination

14.      Competitive Tendering

 

PART THREE - ALLOWANCES

 

15.      Higher Duties Allowance

16.      Meal Allowance

17.      General Allowances

18.      Travelling Time and Expenses

 

PART FOUR - LEAVE PROVISIONS

 

19.      Annual Holidays

20.      Sick Leave

21.      Personal Carer’s Leave

22.      Parental Leave

23.      Bereavement Leave

24.      Long Service Leave

25.      Accident Pay

 

PART FIVE - SERVICE AND PAYMENTS ON TERMINATION

 

26.      Payments to Dependants of Deceased Employees

27.      Calculation of Service

 

PART SIX - OTHER MATTERS

 

28.      Dispute Settlement Procedures

29.      Delegates Rights

 

PART SEVEN - SALARY SYSTEMS AND RATES OF PAY

 

30.      Principles

31.      Savings and Adjustments

32.      Salary Sacrifice

 

SECTION 2 - WAGES DIVISION

 

33.      Hours of Work (including shift work)

34.      Terms of Employment.

35.      Overtime

36.      Shift work and penalty payments

37.      Meal and Crib Breaks - Ordinary Hours

38.      Allowances

39.      Annual Leave Loading

 

SECTION 3 - SALARIED DIVISION

 

40.      Terms of Employment

41.      Hours of Work

42.      Overtime

43.      Meal and Crib Breaks - Ordinary Hours

44.      Salary Band System

45.      Allowances

 

SECTION 4 - APPENDICES

 

Appendix 1 - Rates of Pay

Appendix 2 - Tool Allowances

Appendix 3 - List of Allowances to be rolled up

Appendix 4 - Multi-skilling & Cross-skilling Agreement 1996

Appendix 5 - 9 Day fortnight & 19 day month pay systems

Schedule A - Transitional Arrangements, Savings & Adjustments

 

Clause 1.  Title

 

This Award will be referred to as the City of Sydney Wages/Salary Award 2010.

 

Clause 2.  Purpose

 

2.1      The purpose of this Award is to provide recognition of the continuation of existing conditions of employment from pre-existing City of Sydney Awards and to reflect recently negotiated additional conditions of employment. 

 

Clause 3.  Application, Area, Incidence, Operation and Duration of Award

 

3.1      This Award is binding on the Council of the City of Sydney, the following industrial organisations:

 

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union;

 

The Local Government Engineers' Association of New South Wales;

 

The Development and Environmental Professionals’ Association;

 

and all employees of the Council of the City of Sydney except those employed under the following awards:

 

South Sydney City Council Wages Staff Award 2010, as amended;

 

South Sydney City Council Salaried Officers Award 2010, as amended; and

 

the Local Government (State) Award 2007, as amended.

 

3.2      This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the City of Sydney Wages/Salary Award 2002 published 8 August 2003 (340 I.G. 810) and all variations thereof.

 

3.3      Operation and Duration of Award

 

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 10 April 2010.  The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

3.4      Preservation of Entitlements

 

(a)      Having regard to the purpose of this Award, the parties to this Award shall ensure that any disputes concerning the interpretation of this Award will be determined in a manner that, as far as practicable, preserves the pre-existing entitlements of employees.

 

(b)      Where the parties to this Award determine that pre-existing entitlements have not been included in this consolidated Award or that pre-existing entitlements have been inadvertently varied by this Award and previous Awards, the parties, or either party, may apply to the Industrial Relations Commission of New South Wales to have the Award varied to ensure the preservation of pre-existing entitlements.

 

Clause 4.  Definitions

 

AFTERNOON SHIFT - means ordinary daily working hours which finish after 8:00pm and at or before midnight, Monday to Friday inclusive (excluding public holidays).

 

CASUAL EMPLOYEE - is defined in Part 2, Clause 5.4.

 

CONTINUOUS WORK - means work carried out through consecutive shifts of employees over twenty-four (24) hours for at least six (6) consecutive days without interruption, except during breakdowns, meal breaks, or due to unavoidable causes beyond the control of the employer.

 

COUNCIL - means the Council of the City of Sydney and includes the Chief Executive Officer or any person authorised by the Chief Executive Officer to act on Council’s behalf.

 

DISMISSAL - means termination of the services of an employee for reasons of serious misconduct or breach of discipline.

 

MEDICAL RETIREMENT - means termination of service with the Council on account of a medical condition as referred to in Part 2, Clause 5.11.

 

MORNING SHIFT - means ordinary daily working hours which commence after 4:00am and before 5:30am, Monday to Friday inclusive (excluding public holidays).

 

NIGHT SHIFT - means ordinary daily working hours which finish after midnight or commence after midnight but before 4:00am Monday to Friday inclusive (excluding public holidays).

 

PART-TIME EMPLOYMENT is defined in Part 2, Clause 5.2.

 

PUBLIC HOLIDAY SHIFT - means the ordinary daily working hours of a shift where the major portion falls on a public holiday.

 

RESIGNATION - means voluntary termination of employment by the employee in accordance with this Award.

 

SATURDAY SHIFT          - means ordinary daily working hours the major portion of which fall between midnight Friday and midnight Saturday.

 

SHIFT WORK - means work performed during ordinary working hours in continuous morning, afternoon, night shifts, rotating shifts or in rostered shifts which include a Saturday or Sunday.

 

SUBSTANTIVE RATE - means the rate of pay to which an employee is appointed to the service of the Council of the City of Sydney.

 

SUNDAY SHIFT - means ordinary daily working hours the major portion of which fall between midnight Saturday and midnight Sunday.

 

TEMPORARY EMPLOYMENT - is defined in Part 2, Clause 5.3.

 

UNION - means an Industrial Organisation of employees which is party to this Award and which covers the particular employee/s concerned in the service of the Council of the City of Sydney.

 

NOTE: All other issues are defined as they are drafted in the relevant clauses of this Award.

 

PART TWO - EMPLOYMENT ARRANGEMENTS

 

Clause 5.  Terms of Employment

 

Employment will be on either a full-time, part-time, temporary or casual basis.

 

5.1      Full-Time Employment

 

A full-time employee is permanently employed in accordance with the working hour arrangements specified in this clause and in the Wages Division Section 2 - clause 33 or the Salaried Division Section 3 - clause 41.

 

5.2      Part-Time Employment

 

5.2.1   A part-time employee is permanently employed on a regular number of hours which are less than the full-time ordinary hours.

 

5.2.2   Prior to commencing part-time work the employer and employee must agree:

 

(a)      that the employee will work part-time; and

 

(b)      hours, days and start/finishing times; and

 

(c)      the nature of the work to be performed.

 

5.2.3   A part-time employee may work more than their regular number of hours at their ordinary hourly rate by agreement.

 

5.2.4   Part-time working agreements may be varied in consultation with the employee, and will be stated in writing with the original retained by Council and a copy provided to the employee.

 

5.2.5   Part-time employees will receive all the conditions prescribed by this Award on a pro-rata basis of the regular hours worked.  An adjustment to accrued leave entitlements may be required at the conclusion of each service year based on the proportion of actual hours worked.

 

5.2.6   A part-time employee will be paid for public holiday(s) falling on a day(s) which they would normally have been required to work, and will be paid for the hours normally worked on that day.

 

5.2.7   The Council shall advise the Secretary of the Union or Unions concerned in advance, of its intention to employ an employee/s in accordance with the provisions of this Clause and the area and anticipated duration of such employment.

 

Note: For further information see Wages Division Section 2 - clause 34 and Salaried Division Section 3 - clause 40.

 

5.3      Temporary Employment

 

If a position is vacant or the holder of the position is sick or absent, Council may appoint a person to the position temporarily. Temporary appointments will not continue for more than 12 months in accordance with the Local Government Act 1993.

 

5.4      Casual Employment

 

5.4.1   A casual employee is engaged on a day to day basis, works intermittently in relieving work or work of a casual and/or unexpected nature, and is paid by the hour.

 

5.4.2   A casual employee is not entitled to any leave provided for in this Award (whether paid or unpaid), or payment for a public holiday(s) falling on a day which they would normally have been required to work.

 

5.4.3   A casual employee will be paid the hourly rate prescribed for the classification in which they are employed. This hourly rate will be calculated by dividing the substantive rate of pay for the position (as provided by this Award) by the standard working hours.

 

5.4.4   The rates prescribed in paragraph 5.4.3 shall be inclusive of an allowance or loading for annual holidays, sick leave, public holidays and the temporary nature of employment, and an employee engaged under this subclause, shall not be entitled to any additional payment for annual holidays, sick leave or public holidays prescribed by the Award.

 

Note: For the applicable casual loading see Wages Division Section 2 - clause 35 or Salaried Division Section 3 - clause 40.

 

5.5      Appointment

 

5.5.1   Permanent appointment to Council will be subject to a medical examination to assess medical fitness by a qualified medical practitioner nominated by Council. The medical examination will be at Council’s expense.

 

5.5.2   Prior to appointment to a permanent, temporary or casual position, an employee shall produce evidence of:

 

(a)      date of birth (i.e. birth certificate), together with evidence of any subsequent change of name as may be satisfactory to Council;

 

(b)      Australian Citizenship or permanent residency or a current visa that permits them to work within Australia by way of a passport.

 

5.5.3   An employee shall record starting and ceasing times, if required by Council, in an attendance register or other attendance recording system.

 

5.5.4   Transfer of Employees

 

All employees covered by this Award may be employed in any part or location of Council’s organisation as may exist from time to time to meet operational and customer service needs.

 

5.5.5   Workplace Flexibility

 

(a)      All employees will be required to participate in the full range of related work activities within their respective classifications, provided they have received training where relevant and are considered by Council to be competent to participate in the required activities.

 

(b)      Further, an employee will perform work within the ambit of their profession, vocation, trade or calling, as may from time to time be required by the Council.  Employees may be required to perform other functions/duties applicable to lower paid positions.

 

(c)      All job advertisements will carry an appropriate condition which will encompass the above.

 

5.5.6   Appointment to a Higher Position

 

An employee, who is appointed to a position in a higher salary band and who, to convenience Council, is prevented from taking up the appointment for a period of 14 days, dating from and inclusive of the date of appointment, shall be paid the higher rate as and from the 15th day of such appointment.

 

5.5.7   Promotion

 

(a)      Movement from position to position will be subject to vacancies and will be on the basis of merit by means of competitive selection process as detailed in Council’s Recruitment and Selection Policy.

 

(b)      The filling of all advertised vacancies whether by internal or external appointment will be on the basis of merit.

 

5.6      Probation

 

The probationary period will allow Council to ascertain whether the appointee's work performance meets the standards required. The period of probation for initial appointments will be up to 6 months.

 

5.7      Notice Of Resignation

 

Unless otherwise provided, an employee will give to the Council the following notice of termination of employment:-

 

(a)      less than 1 year’s service - 1 week's notice; or

 

(b)      more than 1 year’s service - 2 week's notice; or

 

(c)      by agreement, for a lesser period.

 

5.8      Notice of Termination

 

5.8.1   Unless otherwise provided, Council will give to the employee the following notice of termination of employment:

 

(a)      Not more  than 1 years service  - 1 weeks notice; or

 

(b)      More than 1 year but not more than 3 years - 2 weeks notice; or

 

(c)      More than 3 years but not more than 5 years - 3 weeks notice; or

 

(d)      More than 5 years - 4 weeks notice; or

 

(e)      by agreement, for a lesser period.

 

5.8.2   If the employee is more than 45 years old and has completed at least 2 years of continuous service with the City of Sydney the above notice periods will be increased by 1 week.

 

5.8.3   In any case where it has been established to the satisfaction of Council that an employee has been guilty of serious misconduct or breach of discipline, Council may, subject to the provisions of the Local Government Act 1993 as amended and the New South Wales Industrial Relations Act 1996 as amended, or any successor legislation, dismiss without notice, suspend the employee for a period not exceeding 1 ordinary working week, regress the employee to a lower pay rate and/or demote the employee either permanently or for a specified period.

 

5.9      Discipline

 

5.9.1   Where an employee’s work performance or conduct is considered unsatisfactory and/or unacceptable to Council, discipline procedures will be promptly implemented.  Council’s Discipline Policy and Procedures will be followed in all such cases.

 

5.9.2   In summary, Council’s Discipline Policy and Procedures provides for a step by step formal warning system.  This system will provide all parties with the opportunity to:

 

(a)      identify and discuss problems;

 

(b)      respond to allegations with the support and assistance of their Union;

 

(c)      rectify the problem; and

 

(d)      provide warnings on a verbal and/or written basis as required.

 

5.9.3   Suspension of an Employee

 

(a)      At any stage during this procedure Council may immediately suspend an employee without pay for a period not exceeding 1 ordinary working week;

 

(b)      Suspension from duty does not affect continuity of service for the purposes of accruing leave entitlements;

 

(c)      If, after investigation, the reasons for suspension are found to be inappropriate, the employee will not suffer any loss of pay for the period of suspension.

 

5.9.4   At any time during this procedure Council will be entitled to regress the employee to a lower salary rate and/or demote the said employee to a lower paid position.

 

5.9.5   Nothing in this clause prevents Council from terminating an employee’s service in accordance with clause 5.8 Notice of Termination and Dismissal of this Award.

 

5.9.6   Council or the employee may request the presence of a Union representative at any stage in the above procedures.

 

5.9.7   This procedure shall not affect either party’s right to institute the Dispute Settlement Procedures set out in clause 28 of this Award, or to notify the Industrial Registrar as to the existence of an industrial dispute.

 

5.9.8   Employees may have access to their personal files, and may take notes and/or obtain copies of the contents of the file.

 

5.9.9   In the event that an employee is of the opinion that any disciplinary or other record contained on their personal file is incorrect, out of date, incomplete or misleading, the employee may make application to the Chief Executive Officer for the deletion or appropriate amendment of such record.

 

5.9.10 These provisions do not affect the rights of the Council to take other disciplinary action before and/or during the above procedures in cases of misconduct or where the employee’s performance warrants such action.

 

5.10    Payment of Employees

 

5.10.1 For further information see Wages Division Section 2 - clause 34 or Salaried Division Section 3 - clause 40.

 

5.10.2 Account Maintenance

 

(a)      All net pays will be deposited into the employee nominated account at a mutually agreed financial institution.

 

(b)      Council reserves the right to limit the definition and number(s) of financial institutions which can be nominated.

 

(c)      Employees must supply full and complete details of the nominated account to the Council prior to the Wednesday before the next payday.

 

(d)      Time off during normal working hours will not be required by employees, or authorised by Council for the purpose of obtaining cash or otherwise attending to the accounts at the nominated financial institution.

 

5.10.3 Averaging Pay System

 

(a)      In accordance with clause 6 (Hours of Work) of this Award and other related clauses, the following provisions shall apply notwithstanding any other provisions of this Award. See Appendix 5 for table of 9-day fortnight and 19 day month pay systems.

 

(b)      The objective of the averaging pay system is to pay the employee the same average pay for the same average hours worked per pay period. See clause 6 (Hours of Work) for further reference.

 

(c)      The extra hours the employee works in excess of the standard working hours shall be accrued as a "credit". This "credit" shall be accumulated as offsets against payments in the period of their pay cycle.

 

(d)      The "credit" will continue to accrue where an employee is absent from work on any approved paid leave.

 

(e)      The credit will not continue to accrue where an employee is absent from work due to any type of unpaid leave.

 

(f)       In the case of an employee whose employment terminates on a day other than the last day of a work cycle and who has been paid under an averaging system of payment, the net amount of any wages due to or owing by such employee shall be calculated by bringing into account any debits and any credits in respect of such employee during the work cycle in which the termination of employment occurs.

 

5.10.4 Payroll Deductions

 

(a)      Council may make payroll deductions as authorised in writing by the employee, or in accordance with any court, legislative, Australian Tax Office or other valid order imposing a legal obligation on Council to comply.

 

(b)      Council recognises that payroll deductions of union dues, in normal circumstances will not be considered for removal. If the Council considers that exceptional circumstances exist that would warrant a change to this policy, the Council will firstly notify the Industrial Relations Commission (IRC) and the affected Union of any future intention to remove payroll deductions and would maintain the status quo until such time as the IRC has considered the issues in dispute.

 

5.11    Medical Retirement

 

In any case where the Council, after having had an employee examined by 2 qualified medical practitioners, 1 of whom shall be a specialist and the other such medical practitioner as may be nominated by the Council, is satisfied that the employee is permanently medically unfit, by reason of illness or injury to continue in employment, the Council may retire the employee from service (refer to Clause 20 for associated sick leave benefits).

 

5.12    Uniforms and Clothing

 

(a)      Where Council requires an employee to wear a uniform during the course of employment, the Council shall pay the cost of such a uniform.

 

(b)      In any case where an employee is engaged in any employment, the conduct of which, in the opinion of Council, is likely to cause abnormal wear or damage to the employee’s personal clothing, the Council shall provide and pay the cost of protective clothing.  The style, nature, quality and quantity of such clothing shall be determined by the Council.

 

(c)      Where Council has provided an employee with safety or protective clothing, including safety footwear, equipment or other articles, irrespective of whether or not such clothing, equipment or other articles were issued under the provisions of this clause, the employee shall wear or use them in such a way as to achieve the purpose for which they were supplied, which requirement shall be a condition of employment.  In addition the employee shall replace or pay for any such clothing, equipment or other articles which, in the opinion of the Chief Executive Officer, are lost or damaged through the employee’s misuse or negligence.

 

(d)      All employees will comply with safety regulations and wear all safety equipment or clothing issued by Council at all times and in accordance with the approved and stated policy of the Council’s Occupational Health and Safety Committee.

 

(e)      Where an employee does not comply with the provisions of this clause, the non-compliance will be dealt with as follows:

 

the employee concerned will not be permitted to commence work, and will be sent home to collect the clothing. No pay will be provided for the period the employee is not at work.

 

If an employee persistently breaches the provisions of this clause, the employee will be subject to the disciplinary action in accordance with the relevant provisions of the Council’s disciplinary policy.

 

Clause 6.  Hours of Work

 

Note: For particular application of this clause see Wages Division Section 2 - clause 33 or Salaried Division Section 3 - Clause 41

 

6.1      Hours of work will be determined mutually between the parties under the following arrangements:

 

(a)      38 hours per week Monday to Friday inclusive - 152 hours over a 4 week period; or

 

(b)      36.25 hours per week Monday to Friday inclusive.

 

6.2      The above working hours options may be utilised in accordance with the following options as they apply to particular classifications.

 

(a)      Flexible Working Arrangements (Salaried Division only see Section 3 - clause 41)

 

(b)      19 Day Month (See Appendix 5 for further information)

 

An average of 38 hours per week on the basis of 152 hours within a work cycle not exceeding 28 consecutive days, on 19 working days on week days of eight hours each continuously; or

 

an average of 36.25 hours on the basis of 145 hours within a work cycle not exceeding 28 consecutive days, on 19 working days on week days of 7.63 hours each continuously except for meal breaks at the discretion of Council, or as otherwise agreed between the parties.

 

(c)      9 Day Fortnight  (Salaried Division only see Section 3 - clause 41.2)

 

6.3      Spread of Hours

 

The ordinary spread of hours will be between 6.00 am and 8.00 pm Monday to Friday inclusive, exceptions to this are listed below. Note that the ordinary spread of hours can only be varied by agreement between the parties.

 

The exceptions are as follows:

 

Refuse Collection; not Street Sweeping, between 5.30 am and 8.00 pm

 

Library Division; between 6.00 am and 9.00 pm

 

6.4      Shift Work and Penalty Rates

 

6.4.1   The ordinary daily working hours of a shift worker shall not exceed 76 hours per fortnight to be worked as rostered, Monday to Sunday inclusive, provided they will not be required to work:

 

(a)      more than 11 shifts in 14 consecutive days without payment of overtime (except for South Sydney City Employees transferred to the City of Sydney as a result of boundary changes or amalgamations prior to 8 May 2003) ; or

 

(b)      broken shifts.

 

6.4.2   Note:   For further information on previous South Sydney City Council employees see Wages Division Section 2 - clause 36.Shift workers will be provided with an interval of at least 8 hours between the termination of any shift and the commencement of the next succeeding shift.

 

6.4.3   Clause 6.4.2 will not apply to former Municipality of South Sydney employees, transferred to the City of Sydney as a result of boundary changes or amalgamations prior to 8 May 2003, who shall be provided with an interval of at least 10 hours between the termination of any shift and the commencement of the next succeeding shift.

 

6.4.4   In order to meet the needs and requirements of the industry, the Council, by mutual agreement with the Union concerned, may introduce shift work and may transfer employees between shift and day work arrangements as needed to meet operational and customer service needs. This transfer is subject to:

 

(a)      an employee who is engaged on day work, and required by Council to transfer to shift work, will be paid an additional 50% penalty, or the appropriate shift penalty whichever is the greater, for all shifts worked in the first week after the transfer; and

 

(b)      in the event of a dispute as to the necessity to introduce such work, the dispute resolution procedures of this Award shall be implemented.

 

6.4.5   Council must give a rostered shift worker (other than a shift worker rostered for relief work) at least 48 hours clear notice of a change of roster arrangements.  If such notice is not given, the employee will be paid an additional 100% penalty for the first shift worked on the altered roster.

 

6.4.6   Except in cases of emergency (to be determined by Council), starting and ceasing times of employees will not be altered without first giving 7 days notice to the relevant Union.

 

6.4.7   Penalty Rates

 

The following shift penalty rates will be payable, note this clause is to be read in conjunction with clause 4 Definitions:

 

(a)      Rotating Shifts

 

Morning shift	Monday to Friday inclusive	Ordinary rate + 15%
Afternoon shift	Monday to Friday inclusive	Ordinary rate + 15%
Night shift	Monday to Friday inclusive	Ordinary rate + 15%

 

(b)      Permanent Shifts

 

Morning shift	Monday to Friday inclusive	Ordinary rate + 15%
Afternoon shift	Monday to Friday inclusive	Ordinary rate + 15%
Night shift	Monday to Friday inclusive	Ordinary rate + 30%

 

(c)      Weekend and Public Holiday Shifts

 

Saturday shift	Ordinary rates + 50%
Sunday shift	Ordinary rates + 100%
Public Holiday shift	Ordinary rates + 100%

 

(d)      Prescribed 32 Hour Week Shift Workers

 

Perm. Night shift	Monday-Friday inclusive	Ordinary rates +11.5%
Saturday shift	Ordinary rates + 25%
Sunday shift	Ordinary rates + 75%
Public Holiday shift	Ordinary rates + 100%

 

6.4.8   Payment of Shift Penalty Rates

 

Shift penalty rates will be paid, where possible, as an averaged annual amount to provide employees working shift work with a standardised pay outcome per pay period.

 

6.4.9   Transfer between Shifts

 

(a)      Except as provided for in paragraph (b) of this sub-clause, an employee engaged on day work who is required, by Council, to transfer to shiftwork shall be paid for all morning, afternoon and night shifts worked in the first week of transfer at the following penalty rates if transferred to a:

 

38 hour week roster - ordinary rates plus 50%.

 

32 hour week roster - ordinary rates plus 25%.

 

(b)      An employee engaged in day work, transferred to shiftwork at their own request, or as a result of having applied for and obtained a position involving shiftwork, shall not be entitled to additional payments described in this subclause.

 

6.5      Attendance

 

6.5.1   Notification of Absence

 

An employee, who does not report for duty on any day, for any reason, shall, as soon as practicable after normal starting time on that day, notify the Council or its authorised representative as to the reason for and prospective duration of their absence.

 

6.5.2   Absent Without Reasonable Cause

 

Where an employee is absent from duty without reasonable excuse, Council may make deductions from salary to recover the time lost.

 

6.5.3   Abandonment of Employment

 

Where an employee is absent from duty without permission for a continuous period of 2 normal working weeks, and fails to provide a satisfactory explanation for the absence, the employee will be deemed to have terminated their employment by resignation with effect from the first day of the absence.

 

6.6      Voluntary work

 

The following work, performed at any time outside the ordinary hours of work, at the option and discretion of an employee engaged in or in connection with the supervision and control of children in a playground, shall be regarded as voluntary work and will not involve Council in the payment of additional salary, overtime or other payment prescribed in this Award:

 

(a)      accompanying or training children engaged in sporting activities;

 

(b)      accompanying children on swimming, camping or any other similar expeditions or outings;

 

(c)      attending social functions at any playground including voluntary attendance at evening clubs;

 

(d)      any such similar activities as may be agreed between Council and the employee.

 

Clause 7.  Local Workplace Agreements

 

7.1      The parties agree to review operations at the workplace level on an ongoing basis with the view to providing enhanced flexibility and efficiency.

 

7.2      In agreement with employees and their representative unions, the City may establish Local Workplace Agreements (LWA) particular to a specific site or group of employees to provide improved flexibility and efficiency.

 

7.3      An LWA may be negotiated to provide for different conditions of employment than are provided for in the City's Industrial Agreements and Awards.  As an example an LWA may change issues relating to: hours of work, shiftwork, overtime, on call, meal breaks, and allowance payments.

 

7.4      An LWA may provide for different conditions of employment where the following requirements have been complied with:

 

employees are not disadvantaged when the LWA is viewed as a whole;

 

the majority of employees affected agree after taking all views into consideration, including the need to maintain effective working relationships;

 

the appropriate Union has been advised prior to commencement of discussions with the employees concerned;

 

the LWA is not contrary to any law or other Enterprise Agreement and does not jeopardise safety;

 

the hours of work cannot be altered so that they exceed the maximum number of ordinary hours allowed under the Industrial Relations Act;

 

the LWA will improve efficiency and/or customer service and/or job satisfaction.

 

7.5      LWA's will be productivity-based. Existing Award provisions will apply unless expressly varied by such an Agreement.

 

7.6      LWA's may provide for improvements in remuneration and/or conditions linked to productivity improvements.

 

7.7      LWA's will be by consent, between employees, the City and the relevant Union(s), where the parties shall commit in writing and include a date of operation and expiration. Affected employees will be given the opportunity to vote on any Agreement proposed by the relevant union(s). In order for the LWA to be accepted, a majority (i.e. 50% + 1) of employees party to the LWA must vote in favour of it.

 

7.8      All LWA’S that have been accepted as per subclause 7.7 will be registered with the NSW Industrial Relations Commission.

 

Clause 8.  Public Holidays

 

8.1      Prescribed Days

 

The following days shall be observed as holidays and will be paid at ordinary daily rates of pay under this Award:

 

New Years Day

 

Australia Day

 

Annual Picnic Day of the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (see clause 8.2 for other Unions)

 

Good Friday

 

Easter Monday

 

Anzac Day

 

Queen’s Birthday

 

Labor Day

 

Christmas Day

 

Boxing Day

 

and other holidays proclaimed by New South Wales or Federal Governments.

 

8.2      In addition to the days provided for in subclause (1), employees who are Aboriginal and Torres Strait Islanders shall be entitled to one day during NAIDOC week so that they can participate in National Aboriginal and Islander Day celebrations.

 

8.3      Annual Picnic Day

 

8.3.1   The Annual Picnic Day as advised by the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union, will be the same day for all employees and other respondent unions.

 

8.3.2   Proof of attendance for the annual picnic may be required by Council for the payment for the day to be made (e.g. union listing, produce ticket butt).

 

8.4      Higher Duties

 

Where an employee has performed the duties of a higher position for the full day preceding or following a holiday, the employee will be paid for the holiday at the higher rate.

 

Note: For further information see Wages Division Section 2 - clause 38 or Salaried Division Section 3 - clause 45.

 

8.5      Absent Without Pay

 

An employee who is absent without pay on the working days immediately before and after a holiday will not be entitled to payment for the holiday.

 

8.6      Day Off

 

Where a public holiday falls on a ‘day off’ for a shift worker, or on a ‘day off’ Monday to Friday inclusive for an employee whose ordinary working hours include a Saturday or Sunday, the employee will be paid an ordinary days pay.

 

8.7      Accrued Public Holidays Days

 

A shift worker, or an employee whose ordinary working hours include a Saturday or Sunday, who is rostered to work and works an ordinary shift on a public holiday or is rostered off duty on a public holiday (except when on annual or long service leave) will be entitled to a days leave, or the hourly equivalent thereof. The accrual and taking of these days will be recorded and managed locally between supervisors and staff.

 

Clause 9.  Overtime

 

9.1      Requirement To Work Reasonable Overtime

 

Council may require an employee to work reasonable overtime in order to meet the needs and requirements of the industry, including work on Saturdays, Sundays and public holidays or shift work as necessary.

 

9.2      Minimum break

 

9.2.1   Overtime will be arranged so that the employee has at least 10 consecutive hours off duty between the ordinary working hours of successive days.

 

9.2.2   If not on completion of such overtime the employee should be released off duty without loss of pay until he or she has had the 10 consecutive hours or alternatively, be paid at double ordinary rates per hour or part thereof until such time as the period of 10 consecutive hours is granted.

 

9.2.3   Where the day preceding the completion of overtime is not an ordinary working day, the employee will be deemed to have ceased duty on that day at what otherwise would have been the normal ceasing time.

 

9.3      Eligibility for Overtime

 

9.3.1   Monday to Friday

 

Note: For further information on eligibility for Monday to Friday overtime see Wages Division Section 2 - clause 35 or Salaried Division Section 3 - clause 42.

 

9.3.2   Saturday

 

Time and a half ordinary rates per hour or part thereof for the first two hours and double time thereafter, provided that all overtime worked after 12 noon on Saturday will be paid at double time;

 

9.3.3   Sunday

 

All overtime at double ordinary rates per hour or part thereof.

 

9.3.4   Time Off In Lieu

 

Consistent with this clause, eligible employees may choose whether to be paid for the overtime or to take time off in lieu. Time off in lieu will be taken within a calendar month with the exception that occasions occurring within the last week of the month will be carried forward to the next month. Other arrangements may be made by mutual agreement between the employee and their supervisor.

 

9.4      Public Holidays

 

9.4.1   Double ordinary rate per hour or part thereof, in addition to the employee’s full days pay for such holiday, where the time worked falls within the normal working hours were the day not a Public Holiday.  Overtime worked outside these hours on a public holiday will be paid at treble ordinary rates.

 

9.4.2   Where the major portion of a period of overtime extends into a Sunday or a Public Holiday, the whole of that overtime period will be paid at the Sunday or Public Holiday overtime rates.

 

9.5      Continuous Overtime

 

Overtime worked, on any 1 day, whether in broken periods or otherwise will be regarded as continuous.

 

9.6      Call Back to Work

 

An employee who has ceased work and returned home, will, if required to resume and cease work before their next normal starting time, receive a minimum payment, inclusive of travelling time, equivalent to 4 hours work at appropriate overtime rates whether required to work for 4 hours or not.

 

9.7      Transport

 

If overtime finishes at an hour when the usual means of transport to the employee’s home are not available, Council will provide or pay for suitable transport direct to the employee’s home.

 

9.8      Overtime For Shift Workers

 

9.8.1   Except as provided, all overtime worked by a shift worker, either before or after and in extension of their ordinary daily working hours, will be paid for as follows:-

 

(a)      Monday to Saturday ( inclusive)

 

One and a half times the ordinary rate per hour or part thereof for the first 2 hours and double time thereafter. Provided that all overtime worked after 12 noon on Saturday will be double time.

 

(b)      Sundays

 

All overtime at double time per hour or part thereof.

 

(c)      Public Holidays

 

All overtime worked, as prescribed in this paragraph, on a Public Holiday will be paid at two and a half times the ordinary rate.

 

9.8.2   Overtime on a "Day Off"

 

A shift worker required to work overtime on a ‘day off’ under a roster system, or who has ceased work and is called out to work overtime which commences and terminates before their next normal starting time, will be paid for such overtime at double time per hour or part thereof.

 

9.8.3   Ordinary Working Hours on a Public Holiday

 

Time worked by a shift worker on a Public Holiday during what would otherwise be ordinary working hours will not be regarded as overtime and will be paid for at appropriate penalty rates.

 

Note: For further information see Wages Division Section 2 - clause 35 or Salaried Division Section 3 - clause 42

 

Clause 10.  Meal and Crib Breaks

 

10.1    Meal and Crib Breaks

 

10.1.1 Ordinary Working Hours

 

(a)      Except as provided, the Council will grant an unpaid meal break of 45 minutes during ordinary daily working hours, to be taken as directed.

 

(b)      An employee will only be required to work continuously for more than 5 hours without a meal or crib break in cases of extreme emergency, and in these instances will be paid at double ordinary rates for all ordinary working time worked after the expiry of the 5 hour period until such break is granted, or until normal ceasing time whichever is the earlier.

 

(c)      An employee required to commence ordinary working hours between 5.30 am and 6.00 am (both inclusive) will be granted a crib break of 15 minutes duration before 9.00 am, to count as ordinary time worked, and taken as directed.

 

Note: For further information see Wages Division Section 2 - clause 37 or Salaried Division Section 3 - clause 43

 

10.1.2 Shiftwork

 

(a)      An employee on continuous work, will be granted a crib break of 30 minutes per shift and an employee on shift work other than continuous work, will be granted a crib break of similar duration in each morning, afternoon, night, Saturday, Sunday and holiday shift exceeding 5 hours duration. 

 

(b)      Crib breaks will be taken as directed, will be part of ordinary working hours, and will be paid for at the rate applicable to the shift upon which the employee is engaged.

 

10.1.3 Overtime

 

(a)      An employee directed to work a period of overtime which adjoins the employee’s ordinary working time and extends for 2 hours or more, will be granted a crib break of twenty minutes each 2 hours of such overtime, to be taken as directed, and paid at the overtime rate applicable. 

 

(b)      Overtime worked before and after normal ceasing time will not be regarded as continuous for the purposes of this clause, and an employee will not be entitled to payment for crib time unless the employee is required to continue working after having taken such crib time.

 

(c)      An employee directed to work overtime which commences and ceases outside ordinary working hours, or falls on any day which is not an ordinary working day, will be granted a crib break of 20 minutes upon the completion of each four hours of such overtime, which if the employee is required to continue working after such crib break, will be paid for at the overtime rate applicable.

 

(d)      Council may direct any employee who becomes entitled to more than 1 crib break, to take the crib breaks in either separate or consecutive periods, but will not require the employee to work continuously for more than five hours without a crib break.

 

(e)      In the case where the needs and requirements of the work so permit, the Council, if requested by an employee engaged on overtime, may extend the duration of any crib break to which the employee has become entitled, for a period not exceeding 1 hour to be taken as directed by Council.  If the employee takes such a break then Council shall not be liable for any time taken in excess of 20 minutes, nor shall such excess time count as time worked.

 

(f)       Except as provided above, in the calculation of overtime crib breaks shall be treated as part of the time worked.

 

Clause 11.  Occupational Health and Safety in the Workplace

 

11.1    Occupational Health & Safety

 

11.1.1 The parties to this Award endorse an on-going commitment to the provision of a safe and healthy work environment, and will continue to work cooperatively through the Occupational Health and Safety (OH&S) Committee and other workplace consultative committees.

 

11.1.2 Council will continue to address hazards in the workplace through the implementation of an OH&S plan, which will identify, assess and control workplace hazards through consultation with employees and management.

 

11.1.3 Council will provide safe systems of work and all employees will comply with those safe systems of work and use the plant, equipment and protective clothing provided safely and in the manner for which it is intended.  Employees will carry out their work in accordance with safe systems of work as stipulated by their manager and Council Occupational Health and Safety policies and procedures.

 

11.1.4 Council and all employees will comply with Occupational Health and Safety legislation, codes of practice, Australian Standards and Council policies and procedures to ensure a safe and healthy workplace.

 

11.1.5 The parties to this Award are committed to resolving disputes over occupational health and safety in accordance with the disputes settlement procedures (Section 1 - clause 28) of this Award.

 

11.2    Rehabilitation

 

11.2.1 Council will provide and resource a workplace based rehabilitation program and Rehabilitation Coordinator in accordance with statutory requirements.

 

11.2.2 Council’s Rehabilitation Program will ensure that rehabilitation commences as soon as practicable following injury or illness and will ensure that appropriate duties are provided to assist in an early return to work.  Participation in a rehabilitation program will not prejudice an employee.

 

11.2.3 Employees are required to formally notify Council of any injury or illness as soon as possible and must provide accurate information regarding their illness or injury.  Employees must attend any medical or rehabilitation assessments and are required to cooperate with Council to facilitate the achievement of rehabilitation objectives for both themselves and their co-workers.

 

11.3    First Aid Officers

 

Council must ensure that sufficient First Aid Officers are nominated in each work area to cover all shift and variable working arrangements.

 

Clause 12.  Workplace Change and Redundancy

 

12.1    Council's Duty to Notify

 

(a)      Where a council has made a definite decision to introduce major changes in production, program, organisation structure or technology that are likely to have significant effects on employees, the council shall notify the employees who may be affected by the proposed changes and the unions to which they belong.

 

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

 

12.2    Council's Duty to Discuss Change

 

(a)      Council shall discuss with the employee(s) affected and the union to which they belong, inter alia, the introduction of the changes referred to in sub-clauses 1(a) and (b) of this clause, what affects the changes are likely to have on the employee(s) and measures to avert or mitigate the adverse changes on the employee(s) and shall give prompt consideration to matters raised by the employee(s) and \ or their union in relation to the changes and may reconsider its original decision.

 

(b)      The discussion shall commence as early as practicable after a definite decision has been made by the council to make the changes referred to in sub-clause 1(a) and (b) of this clause.

 

(c)      For the purposes of the discussion, the council shall provide to the employee(s) concerned and the union to which they belong, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on the employee(s) and any other matters likely to affect the employee(s).

 

12.3    Discussion Before Termination

 

(a)      Where a council has made a definite decision that it no longer wishes the job the employee has been doing done by anyone pursuant to subclause 1(a) and (b) of this clause and that decision may lead to the termination of employment, the council shall hold discussions with the employee directly effected and with the union to which they belong.

 

(b)      The discussion shall take place as soon as it is practicable after the council has made a definite decision which shall invoke the provision of paragraph (a) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of the terminations of the employee(s) concerned.

 

(c)      For the purposes of the discussion, the council shall, as soon as practicable, provide to the employee(s) concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and category of employee(s) likely to be affected and the number of employee(s) normally employed and the period over which the terminations are likely to be carried out. Provided that the council shall not be required to disclose confidential information the disclosure of which would adversely affect the council.

 

12.4    Notice to Centrelink

 

Where a decision has been made to terminate employees, the council shall notify Centrelink as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

12.5    Notice of Termination

 

(a)      Four weeks notice to terminate or pay in lieu thereof shall be given except in cases where the employee is 45 years of age or over with 5 years service, where 5 weeks notice shall be given.

 

(b)      Where an employee is to be terminated because of the introduction of technology the employee shall be entitled to the following:

 

(i)       Three (3) months notice of termination or

 

(ii)       Payment in lieu of the notice in paragraph (i) above. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(iii)      Notice or payment of notice under this paragraph shall be deemed to be service with the council for the purposes of calculating leave entitlements under this award.

 

12.6    Severance Pay

 

(a)      This subclause shall apply where an employee is terminated due to redundancy. Council shall be exempt from the operation of this subclause where the employee concerned has been offered, but has refused to accept, an alternative position within the council's organisation structure of comparable skill and accountability levels and remuneration no less than the position previously held by the employee.

 

(b)      In addition to any required period of notice, and subject to subclause (v) of this Clause, the employee shall be entitled to the following table:

 

COMPLETED YEARS OF SERVICE WITH COUNCIL	ENTITLEMENT
Less than 1 year	Nil
1 year and less than 2 years	5 weeks pay
2 years and less than 3 years	9 weeks pay
3 years and less than 4 years	13 weeks pay
4 years and less than 5 years	16 weeks pay
5 years and less than 6 years	19 weeks pay
6 years and less than 7 years	22 weeks pay
7 years and less than 8 years	25 weeks pay
8 years and less than 9 years	28 weeks pay

 

9 years and less than 10 years	31 weeks pay
10 years and beyond	34 weeks pay

 

12.7    An employee who resigns during the period of notice is entitled to the same redundancy payments provided in this clause as if they had remained in the council's employment until the expiry of the notice period.

 

12.8    During a period of notice of termination given by the council, an employee shall be allowed up to one day off without loss of pay during each week of notice for the purpose of seeking other employment. Where required by the council the employee shall provide proof of attendance at an interview.

 

12.9    If the employee agrees to be redeployed by council into a lower paid position, the employee's existing salary and conditions shall be maintained for a period equivalent to the amount of notice and redundancy pay that the employee would be entitled to under this Award. Provided that should the employee resign during the period of salary maintenance, as provided for by this subclause, the balance of any notice and redundancy pay that the employee would have been entitled to for the remainder of the period of salary maintenance shall be paid on termination.

 

12.10   The council shall, upon receipt of a request from an employee to show employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification or the type of work performed by the employee.

 

12.11   The council shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by Centrelink.

 

12.12   In the event that council determines that a position is redundant, council where practicable, shall firstly offer such redundancy on a voluntary basis.

 

12.13   Nothing in this Award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the industry unions and the councils bound by this award.

 

12.14   Subject to an application by the Council and further order of the Industrial Relations Commission of New South Wales, Council may pay a lesser amount (or no amount of severance pay than that contained on subclause (5) above if the council obtains acceptable alternative employment for an employee.

 

12.15   Nothing in this clause shall restrict an employee with ten years service or more and Council from agreeing to further severance payments.

 

Clause 13.  Anti-Discrimination

 

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

 

Note: Paragraph 13.2 only applies where the agreement contains a dispute resolution procedure.

 

13.2    It follows that in fulfilling their obligations under the dispute resolution procedure set out in this agreement 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 effect. 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.

 

13.3    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.

 

13.4    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 sec 56 (d) of the Anti-Discrimination Act 1977;

 

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

 

13.5    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.

 

Clause 14.  Competitive Tendering

 

14.1    Competitive tendering is the calling of tenders by Council for the provision of services that are currently being performed by Council employees where Council’s in-house service unit submits a bid as well as external contractors. Council then makes its decision based on the tender bids about who will provide the service.

 

14.2    Prior to making a decision to competitively tender a service, Council shall notify and consult with the relevant union(s) which may have members likely to be affected by the decision.

 

14.3    Where the Council makes a definite decision to competitively tender a service, Council shall notify the employees who will be affected by the proposed tender of such services and the Union(s) to which they belong.

 

14.4    Council shall discuss the competitive tendering process with the affected employees and union(s) and give consideration to matters raised by employees and union(s) to which they belong.

 

14.5    Discussions between Council and the affected employees and the relevant union(s) shall commence as early as practicable after a definite decision has been made to competitively tender a service.

 

14.6    For the purpose of the discussion Council shall provide to the employees and union(s) to which they belong, all relevant information about the tendering process including the nature of the service to be tendered, the proposed timetable for the tender service, the expected effects employees, a process for the formulation of an in-house bid and any other matters likely to affect the employees. 

 

14.7    Where a contract is won by an in-house bid, an agreement stating the duration and other relevant terms shall be entered into.

 

PART THREE - ALLOWANCES

 

Clause 15.  Higher Duties Allowance

 

15.1    An employee required to perform the duties of a position at a salary rate higher than the employee's substantive position, will be paid the difference between their normal salary and the base rate of the position in the higher salary (in addition to the employee's normal salary).

 

15.2    Permanent Appointment and Higher Grade Duties Acting

 

Except in cases where the higher grade is vacant because of Sick Leave, Long Service Leave, or approved leave without pay, Council, in any case where an employee has been required to act in a vacant position in a higher salary band for a period of 3 months, will take the necessary steps to make a permanent appointment to such position.

 

Note: For further information see Wages Division Section 2 - clause 38 or Salaried Division Section 3 - clause 45

 

Clause 16.  Meal Allowance

 

16.1    An employee required to work a continuous period of overtime will be paid a meal allowance as follows:-

 

(a)      Overtime in continuance of ordinary working hours:

 

$6.70 on completion of 2 hours;

 

a further $6.70 on completion of 4 hours; and

 

a further $6.70 on completion of each 4 hours thereafter.

 

(b)      Overtime which commences and terminates outside ordinary working hours:

 

$6.70 on completion of 4 hours; and

 

a further $6.70 on completion of each 4 hours thereafter.

 

16.2    An employee required to work overtime in connection with a meeting of the Council or a Committee of the Council beyond 5.45 pm on any day, Monday to Friday inclusive, will be paid a meal allowance of $6.70 but will not be entitled to a further meal allowance until the completion of four hours overtime.

 

16.3    Continuity of Overtime

 

For the purposes of this clause:-

 

(a)      a crib break or a meal break is not an interruption to the continuity of overtime.

 

(b)      overtime worked before and after normal starting and ceasing time in extension of ordinary working hours will not be regarded as continuous.

 

Note: For further information see Wages Division Section 2 - clause 35 or Salaried Division Section 3 - clause 42

 

Clause 17.  General Allowances

 

17.1    Annualisation of General Allowances and Conditions Money

 

By agreement of the majority of employees in a designated work group, general allowances and conditions money may be annualised into rates of pay. Those allowances are detailed in this Clause and in Appendix 3 to this Award, as previously provided for in:

 

industrial agreements; and

 

Clause 9 of the previous  Council of the City of Sydney (Wages Division - Wages and Conditions) Award; and

 

Clause 10 of the previous Council of the City of Sydney (Salaried Division - Salaries and Conditions) Award;

 

as they apply to the workplace and work practices at the time of implementation of this Award.

 

17.2    On-Call Allowance

 

An employee on call is required to be available for emergency and/or breakdown work at all times, outside the employee’s ordinary working hours, with the following conditions:-

 

(a)      when on call the employee is required, upon receiving a call out, to proceed directly to and from the job;

 

(b)      when on call the employee will be contactable, and physically able to respond to a call within a reasonable time considering the nature of being on call for emergency and breakdown situations;

 

(c)      an employee on call will not be required to be constantly available beyond a period of 4 weeks where other employees are available.  Where other employees are not available, the employee concerned will have at least 1 weekend (2 consecutive days) off duty in each period of 4 weeks, without reduction of the allowance paid;

 

(d)      a call out is that period from the time the employee receives a call(s), to the time the employee ceases work in connection with such call(s) and arrives at home or other authorised place, and includes the work involved in any further call(s) for service which the employee may receive whilst out on duty or upon arrival at home or such other authorised place, the recording of information relating to the work, and all other actions necessary to satisfactorily complete the work;

 

(e)      on call shall not include periods of pre-arranged overtime;

 

(f)       an employee required to work during the 8 hours immediately preceding their usual starting time, may defer the starting time by a period up to the actual time worked;

 

(g)      the payment of this allowance will be calculated on a daily basis.  Where the on-call requirement covers more than 1 day the majority of the day on which the call out occurs will form the basis for payment.

 

(h)      the on call allowance will be $6.70 per day Monday to Friday, and $13.40 on Saturday, Sunday and Public Holidays;

 

(i)       in addition to the prescribed allowance, the employee will be paid double ordinary rates for the time required to complete each call-out, with a minimum of 1 hour for each call out;

 

(j)       where the employee is required to work on a roster, the allowance will be divided by the proportion of the number of weeks on duty in any rolling period and paid in equal amounts for each week in such period; provided that an employee who is required to perform extra duty at any time during the employee’s usual rostered off period shall receive payment for such extra duty, in accordance with this clause, in addition to the amount calculated in accordance with this subclause;

 

(k)      emergency and/or breakdown work includes returning to safe and proper operating conditions any plant and equipment which has failed, or is likely to fail, in service, and/or performing maintenance work which is of such an urgent nature that if not carried out or temporary repairs are not effected, may have serious consequences for Council’s operations.  It also includes emergency work related to alleviating distress or hardship, and without limiting this generality includes noise complaints, and matters related to public health and safety;

 

(l)       the employee will be granted an additional day’s annual leave for each public holiday required to be on call.

 

(m)     allowances paid under this clause shall continue to be paid to the employee during periods of annual leave, long service leave sick leave and worker’s compensation, on the basis of the employee’s usual payment, provided that the employee has been on call either constantly or on a roster for a period of at least 1 month prior to such leave occurring.

 

17.3    Travelling Allowance for Official Business

 

17.3.1 An employee required to travel inter or intra state for official business shall be entitled to the provisions of the Council’s travel policy. This will include the following provisions:

 

(a)      transport from place of residence to place of embarkation at either end of the journey; and

 

(b)      the stated allowance to cover overnight accommodation, meals and incidental expenses as provided for by the travel policy.

 

17.3.2 Where an employee is required to work overtime while being paid this allowance the meal allowance provisions at clause 10 will not apply.

 

17.4    Community Language & Signing Work Allowance

 

17.4.1 Where an employee is required to provide a language service to speakers of a language other than English, or to provide signing services to those with hearing difficulties as a regular part of their normal duties, the employee shall be paid an allowance of $14.66 per week, which shall be a flat-rate allowance (i.e. not paid for all purposes).

 

17.4.2 This work will require the employee to act as a first point of contact for people requiring these services. The employee identifies the customer’s area of inquiry and provides necessary assistance to successfully conclude the customer service requirement.

 

17.4.3 The allowance will only be paid to an employee where the need is specified as an essential requirement of the employee’s position description and / or this service requirement for an employee has been approved by the Chief Executive Officer directly (i.e. non-delegable) on the recommendation of the  Director Workforce and Organisational Development.

 

Clause 18.  Travelling Time and Expenses

 

18.1    The provisions of this clause apply to all persons employed by the Council except those employed in the previous classifications, grades and levels of Refuse Collection and Disposal Group, whose ordinary rates of pay include a monetary sum in lieu of these benefits.

 

18.2    Time occupied in travelling in accordance with this clause, will be paid at the following rates:

 

Monday to Friday inclusive, except Public Holidays - ordinary rates

 

Saturdays, Sundays and Public Holidays - time and a half ordinary rates

 

18.3    Travelling expenses reasonably and necessarily incurred in such travelling will be reimbursed, based on expenses which are or would be incurred in travelling by normal means of public transport.

 

18.4    Council is not liable for travelling time in excess of three hours at the appropriate rate, or travelling expenses in excess of $12.00 on any day.

 

18.5    Travelling expense rates will be adjusted (up to the nearest ten cents) in line with variations to metropolitan public transport ticket prices.

 

18.6    An employee required, for the purposes of ordinary working hours, to travel between abode and place of employment a fixed number of times in each pay period, and who is required to travel in excess of such number of times, will be paid for the time occupied in such excess travel.

 

18.7    An employee required to work at a location outside the boundaries of the City will be paid the additional time spent travelling between home and the location which is in excess of their normal home to work travelling between the Town Hall, Sydney and home (to a maximum of 3 hours).  The employee will also be entitled to travelling expenses calculated on the same basis. This payment will be provided for 6 months only.

 

18.8    An employee required to work at a location which is not their normal place of work within the boundaries of the City will be paid for the time spent travelling between the location and home where it is more than 20 minutes otherwise spent travelling between the Town Hall, Sydney and home.  This payment will be provided for 6 months only.

 

18.9    An employee who is required to commence and/or cease duty at a location other than the workshop or depot they are normally attached to, will be reimbursed for any additional expenses incurred in travelling between home and such location.

 

PART FOUR - LEAVE PROVISIONS

 

Clause 19.  Annual Holidays

 

19.1    Four weeks annual holiday

 

An employee is entitled, at the end of each year of service, to 4 ordinary working weeks annual holiday, or the hourly equivalent thereof, exclusive of public holidays, observed on an ordinary working day, or during the period of annual holiday in the case of a shift worker or an employee whose ordinary working hours include a Saturday or Sunday.

 

19.2    The annual holiday should be given and taken by agreement between the employee and their supervisor in one consecutive period, or in as close to one consecutive period, in order to complete weeks of the work cycle..  Periods of annual leave of less than 1 full working week may be approved, but will not exceed a total of five ordinary working days in any one service year.

 

19.3    By agreement, periods of annual holiday may be taken wholly or partly in advance.

 

19.4    Where any period of annual holiday has been taken before the right to the annual holiday has accrued, the right to a further annual holiday will not start to accrue until after the expiration of the year of service in respect of which the annual holiday, or part thereof, has been taken.

 

19.5    A part-time employee is entitled to an annual holiday on a pro-rata basis to the equivalent full time entitlement.

 

19.6    Where a public holiday occurs during any period of annual holidays taken by an employee, the annual holiday period shall be increased by 1 ordinary working day, or for shift workers the next succeeding shift.

 

19.7    Pay in advance for annual holidays

 

The employee may elect to be paid in advance, provided that the minimum period of annual holiday that will be paid in advance is 1 whole pay period.

 

19.8    If the employee has received higher position or extra duties allowance for at least 3 months immediately preceding the taking of leave, and has not ceased to do such work for a period, or a total of several separate periods exceeding the employee’s ordinary working week in the higher position the employee shall be paid for the period of annual holiday at the salary or wage applicable to the higher position or extra duties.

 

19.9    Annual Leave Loading

 

Annual leave loading shall be paid as a component of ordinary salary for employees and is reflected in the rates of pay detailed at Appendix 1.  (see Wages Division - Section 2 clause 39)

 

19.10   Payment of Annual Leave on Termination

 

19.10.1          Where an employee with 1 year or more of service is retrenched, resigns, retires or has their services terminated for any reason, or dies, the employee will be paid:-

 

(a)      the monetary equivalent of any annual holiday accrued but not taken calculated at the rate of salary attaching to the employee’s specified position at the date of termination of service;

 

(b)      for any period of service after the due date of the last annual holiday - one-twelfth of the salary for each week or day, with a maximum not exceeding the monetary equivalent of 4 ordinary weeks pay.

 

19.10.2          Where an employee with less than a year of service is retrenched, resigns, retires, has their services terminated for any reason, or dies, they will be paid one-twelfth of the rate of salary attaching to the employee’s specified position at the date of termination of service for each week of such service and proportionately for part of a week, up to a maximum of the monetary equivalent of 4 weeks pay.

 

19.11   Notice to Take Annual Leave

 

Council may roster the taking of annual holidays to meet operational and customer service needs, provided that the holiday must be taken within twelve months of the date upon which the right to such holiday accrues unless Council and employee otherwise agree.

 

19.12   Council will give the employee at least 14 days notice of the date upon which the employee’s right to any annual holiday accrues and, where the Council rosters the taking of an annual holiday, give at least 2 months notice of the date the annual holiday is to be taken.

 

19.13   The annual holiday shall be given by Council, and shall be taken by the employee within 12 months of the date the holiday accrues. This leave may be postponed, by mutual agreement, for up to 22 months of service from the date of accrual in any case where circumstances render such postponement desirable or necessary.

 

19.14   Leave With Pay for Commonwealth or State Sporting Representation

 

An employee selected to represent the Commonwealth or State sport, may be granted leave with pay under this clause for a period not exceeding 4 weeks.  Where this leave is granted, the leave shall be deducted from annual holidays accrued to the employee within the ensuing 12 months under the provisions of this clause.

 

Clause 20.  Sick Leave

 

20.1    Employees who are unable to work due to:

 

(a)      illness or injury (except injury covered by Worker’s Compensation) ; or

 

(b)      a visit to a qualified medical practitioner to obtain advice or treatment; or

 

(c)      restrictions imposed by Commonwealth or State Law in respect of contact with a person suffering from an infectious disease;

 

shall be entitled to the following cumulative sick leave provisions.

 

The entitlement to sick leave used as family leave shall be in accordance with Clause 19 - Family Leave Care provisions of this Award.

 

Required Length Of Service	Entitlement
On commencement of employment	2 days
On completion of the first 12 weeks of service	1 day
On completion of the first 16 weeks of service	1 day
On completion of the first 20 weeks of service	1 day
On completion of the first 24 weeks of service	1 day
(therefore, after 24 weeks service there is a maximum entitlement of 6 days)
On completion of the first year of service	15 days
On completion of each year of service thereafter	15 days
Provided that for the fifth and each subsequent year of service completed on or after
1/1/82, the employee shall credit the employee with 18 days sick leave with pay,	18 days
Further provided that in respect of employees of the former Municipality of South Sydney
as at 31 December 1981, the rate of credit shall be 18 days for the 5th and each subsequent	18 days
year of service completed on or after 1 January 1969.

 

20.2    The above entitlements are subject to the following conditions:

 

(a)      sick leave entitlements shall be cumulative from year to year so that any balance of leave not taken in any one year may be taken in subsequent years; and

 

(b)      Council shall be satisfied that the illness or injury is such that it justifies the time off work; and

 

(c)      an employee, who is not an In-Patient in a hospital, shall provide Council with a medical certificate of illness at intervals of no greater than 7 days; and

 

(d)      the illness or injury does not arise from engaging in professional (fee/monetary gain) sport activities; and

 

(e)      proof of illness shall include appropriate certification from a qualified medical practitioner dated no later than the 3rd day of the employee’s illness or injury; and

 

(f)       a medical practitioner’s certificate shall be provided where an employee’s period of absence is in excess of 2 ordinary working days or after 3 unsupported periods of absence each not exceeding 2 days; and

 

(g)      the certification from the medical practitioner shall clearly state the:

 

(i)       name of the employee;

 

(ii)       date of the first consultation with the medical practitioner;

 

(iii)      period for which the employee is unfit for work; and

 

(iv)      signature and qualification of the person issuing the certification.

 

20.3    Notification of Absence

 

An employee, who does not report for duty on any day for any reason, shall, as soon as practicable after normal starting time on that day, notify the Council or its authorised representative as to the reason for and prospective duration of their absence.  This clause should be read in conjunction with clause 6.5 (Hours of Work-Attendance).

 

20.4    Council Assessment

 

Council, at any time, may require employees to attend a qualified medical practitioner nominated by Council at Council’s cost to assess the employee’s fitness for work. The City will arrange medical assessment services at Campbelltown, Liverpool, Parramatta, Wollongong, Gosford, Penrith and the City for the convenience of the employee for the purpose of this sub-clause.

 

20.5    Public Holidays shall not be counted as sick leave as provided for in this clause.

 

20.6    Where an employee is on annual or long service leave and produces appropriate medical certification of illness or injury that has led to their confinement for a period of at least 7 consecutive days shall, if the employee elects, be granted additional annual or long service leave with pay equivalent to the period of confinement (subject to a time convenient to Council).

 

20.7    Where an employee is receiving a higher grade duties allowance and has been in receipt of the allowance for a period of 3 months or more the employee shall be entitled to the higher rate of pay while on sick leave for a maximum period of 20 days.

 

20.8    In the event of an employee disputing the certificate of Council’s nominated medical representative under the provisions of this clause, a duly qualified medical practitioner shall be sought as a referee.  The medical practitioner shall be agreed upon by the Chief Executive Officer of Council and the Secretary of the relevant Industrial Organisation.  The certificate of the referee medical practitioner shall be accepted by all parties as final and conclusive as to the matter in dispute.  Fees for the referee:

 

shall be paid by Council if the decision of the medical referee is in favour of the employee; or

 

shall be paid by the employee if the decision is against them.

 

20.9    Payment of Accrued Sick Leave Provisions on Termination

 

20.9.1 Medical Retirement

 

In any case where the Council, after having had an employee examined by two qualified medical practitioners, one of whom shall be a specialist and the other such medical practitioner as may be nominated by the Council, is satisfied that the employee is permanently medically unfit, by reason of illness or injury to continue in employment, the Council may, subject to the provisions of the Local Government Act as amended retire the said employee from service; provided that in any case where the Council desires to retire an employee before the employee has exhausted their sick leave with pay, the Council shall pay to the employee for all accrued sick leave with pay to which the employee would be entitled to, but not exceeding:

 

(a)      for those employees in the employ of the Council as at 11 February 1980, a maximum of:

 

2,394 hours in the case of an employee whose ordinary working hours average 38 per week over a work cycle; and

 

2,283.75 hours in the case of an employee whose ordinary working hours average 36.25 per week over a work cycle;

 

in all, which shall include such sick leave taken immediately preceding the date of retirement; and

 

(b)      for those employees employed on and after 12 February 1980 and prior to 14 February 1993, a maximum of:

 

1,976 hours in the case of an employee whose ordinary working hours average 38 per week over a work cycle; and

 

1,885 hours in the case of an employee whose ordinary working hours average 36.25 per week over a work cycle,

 

in all, which shall include such sick leave taken immediately preceding the date of retirement.

 

(c)      The number of ordinary working days or hours, as the case may require, for which the employee otherwise would be entitled to payment of salary between the date of proposed retirement on the grounds of ill health and the date upon which the employee normally would be required to terminate their service with the Council; whichever of (a) or (b) is the lesser, provided further, that where the employee is satisfied to accept the opinion of such medical representative of the Council, the Council shall not be obliged to refer the employee to a specialist.

 

20.9.2 Retirement

 

In the case of an employee who agrees to accept retirement:

 

other than in terms of this clause; and

 

has reached an age of fifty-eight years (58);or

 

the retirement age specified from time to time in the State Authorities Superannuation Act 1987;

 

the employee shall be paid the monetary value of all accumulated untaken sick leave standing to their credit (i.e. that accrued prior to 14 February 1993 in accordance with the Industrial Relations Act 1996), at the date of such retirement subject to such payment not exceeding a maximum entitlement of:

 

(a)      1,976 hours untaken sick leave in the case of an employee whose ordinary working hours average 38 per week over a work cycle; and

 

(b)      1,885 hours untaken sick leave in the case of an employee whose ordinary working hours average 36.25 per week over a work cycle;

 

which shall include any such sick leave paid immediate preceding retirement; and

 

(a)      1,976 hours untaken sick leave in the case of an employee whose ordinary working hours average 38 per week over a work cycle; and

 

(b)      1,885 hours untaken sick leave in the case of an employee whose ordinary working hours average 36.25 per week over a work cycle.

 

20.9.3 Death

 

In the case of an employee who dies, Council shall make payments in terms of Clause 26 - Payments to Dependents of Deceased Employee - of the monetary value of all accumulated untaken sick leave to which the deceased would have been entitled in terms of this clause (i.e. that accrued prior to 14 February 1993 in accordance with the Industrial Relations Act 1996), and standing to the credit of the deceased at the date of death, subject to such payment not exceeding a maximum entitlement of -

 

(a)      1,976 hours untaken sick leave in the case of an employee whose ordinary working hours average 38 per week over a work cycle; and

 

(b)      1,885 hours untaken sick leave in the case of an employee whose ordinary working hours average 36.25 per week over a work cycle,

 

which shall include any such sick leave paid immediately preceding death; and

 

(a)      1,976 hours untaken sick leave in the case of an employee whose ordinary working hours average 38 per week over a work cycle; and

 

(b)      1,885 hours untaken sick leave in the case of an employee whose ordinary working hours average 36.25 per week over a work cycle.

 

Clause 21.  Personal Carer’s Leave

 

21.1    Personal Carer’s leave is available to:

 

(a)      provide care and support for members of the employee’s family or household when they are ill or require care due to an unexpected emergency; or

 

(b)      provide for the flexible use of other entitlements.

 

The personal carer’s leave described in this clause 21 is available to full time and part time staff - but not casual staff.

 

21.2    The entitlement to use leave in accordance with this clause 21 is subject to the employee being responsible for the care and support of the Person Concerned.

 

For the purposes of this clause 21 and clause 21A, a ‘Person Concerned’ refers to a person who needs the employee’s care and support and is:

 

(a)      a spouse of the employee; or

 

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

 

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

 

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

 

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

 

‘relative’ means a person related by blood, marriage or affinity;

 

‘affinity’ means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

‘household’ means family group living in the same domestic dwelling.

 

21.3    An employee, other than a casual or other employee whom receives a loading in lieu of sick leave, with responsibilities in relation to a person who needs their care and support shall be entitled to use the untaken sick leave from that year’s annual sick leave entitlement to provide care and support for such persons when they are ill or require care due to an unexpected emergency.

 

21.4    Sick leave accumulates from year to year. In addition to the current year’s grant of sick leave available under clause 21.2 above, sick leave untaken from the previous year may also be accessed by an employee with responsibilities in relation to a person who needs their care and support.

 

21.5    The Council may, in special circumstances, make a grant of additional sick leave. This grant can only be taken from sick leave untaken prior to the period referred in clause 21.4 above.

 

21.6    The employee shall, if required, establish either by production of a medical certificate or statutory declaration the illness of the person concerned and that the illness is such as to require care by another person or establish by production of documentation the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

21.7    The employee shall, wherever practicable, give the Council notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the Council by telephone of such absence at the first opportunity on the day of absence.

 

21.8    In normal circumstances, the employee must not take leave under this clause where another person has taken leave to care for the same person.

 

21.9    An employee may elect, with the consent of the Council, to take:

 

(a)      annual leave, including annual leave not exceeding ten days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties

 

(b)      an employee may elect with the Council’s agreement to take annual leave at any time within a period of 24 months from the date at which it falls due;

 

(c)      long service leave; or

 

(d)      leave without pay for the purpose of providing care and support to the person concerned as defined in clause 26.2

 

21.10   Personal carers entitlements for casual staff:

 

(a)      Subject to the evidentiary and notice requirements in clauses 21.6 to 21.9, casual employees are entitled to not be available to attend work, or to leave work if they need to care for a Person Concerned (as defined in clause 21.2) who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

(b)      The Council and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(c)      The Council must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this part. The rights of the Council to engage or not to engage a casual employee are otherwise not affected.

 

Clause 21A.  Flexible Work Practice Alternative to Personal Carer’s Leave

 

21A.1  Time off in Lieu of Payment of Overtime:

 

(a)      An employee may elect, with the consent of the Council, to take time off in lieu of payment of overtime at a time or times agreed with the Council within 12 months of the said election.

 

(b)      Overtime taken as time off during ordinary time shall be taken at the ordinary time rate, that is, one hour off for each hour of overtime worked.

 

(c)      If, having elected to take time as leave in accordance with 21A.1(a) above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12 month period from the date the overtime was worked, or earlier by agreement, or on termination.

 

(d)      Where no election is made in accordance with clause 21A.1(a) the employee shall be paid overtime rates in accordance with the relevant industrial instrument.

 

21A.2  Use of make-up time:

 

(a)      An employee may elect, with the consent of the Council, to work "make up time". "Make-up time" is worked when the employee takes time off during ordinary hours for family or community service responsibilities, and works those hours at another time, during the spread of ordinary hours provided in the relevant industrial instrument, at the ordinary rate of pay.

 

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

 

Clause 22.  Parental Leave

 

22.1    Parental Leave will be interpreted consistent with the provisions of Part 4, Parental Leave of the Industrial Relations Act 1996 as amended and the (NSW) Family Provisions Case 2005.

 

22.2    Parental Leave includes maternity leave, paternity or partner leave or adoption leave.

 

22.3    An employee is only entitled to parental leave if the employee has had at least 12 months continuous service.

 

22.4    Parents cannot take parental leave at the same time except periods of short paternity or partner leave or periods of short adoption leave.

 

22.5    Entitlement

 

(a)      an employee is entitled to a total of 52 weeks parental leave in connection with the birth or adoption of a child; and

 

(b)      parental leave is not to extend beyond 1 year after the child was born or adopted.

 

22.6    Paternity or Partner Leave

 

(a)      Paternity or partner leave is leave taken by an employee in connection with the birth of a child of the employee or the employee’s spouse (being a child born as a result of the pregnancy of that spouse).

 

(b)      Paternity or Partner Leave consists of up to 2 weeks leave on full pay or 4 weeks on half pay at the time of birth of the child or termination of pregnancy (short leave in accordance with Clause 22.4); and

 

(c)      a further unbroken period including 4 weeks on full pay or 8 weeks on half pay in order to be the primary care-giver of the child.

 

(d)      Paternity or partner leave is subject to the employee providing a certificate from a qualified medical practitioner confirming the employee’s spouse or partner is pregnant and the expected date of birth. In addition, in the case of paternity or partner leave taken in accordance with (c) above, the employee must, before the start of leave, provide a statutory declaration by the employee stating:

 

(i)       If applicable, the period of any maternity leave sought or taken by the employee’s spouse or partner, and

 

(ii)       That the employee is seeking that period of extended paternity or partner leave to become the primary care-giver of their child

 

22.7    Maternity Leave

 

(a)      An employee who has completed 12 months continuous service and who produces a medical certificate from a legally qualified medical practitioner stating that she is pregnant and specifying the expected date of delivery shall be entitled to:

 

18 weeks full pay; or

 

36 weeks half pay from the date maternity leave commences;

 

(b)      To be entitled to this benefit, the employee will be required to sign a commitment of their intent to continue their employment with Council for a minimum 12 months on returning from paid maternity leave.

 

(c)      The employee will provide at least 10 weeks written notice of the intention to take leave.

 

(d)      Other arrangements for maternity leave shall be in accordance with the Council’s Parental Leave Policy.

 

22.8    Adoption Leave

 

(a)      Adoption Leave is leave taken by a male or female employee in connection with the adoption by an employee, or a partner of an employee, of a child under the age of 18 years.  Adoption leave consists of:

 

an unbroken period of up to 3 weeks unpaid leave at the time of the placement of the child with the employee (short leave in accordance with Clause 22.4); and a further unbroken period in order to be the primary care-giver of the child

 

An employee, entitled to adoption leave, who adopts a child under the age of 5 years shall be entitled to:

 

18 weeks full pay; or

 

36 weeks half pay

 

in order to be the primary care-giver

 

(b)      Adoption leave is subject to the employee providing:

 

a statement from an adoption agency or another appropriate body of the expected date of placement of the child with the employee for adoption purposes and

 

a statutory declaration by the employee stating, where applicable, the period of any adoption leave sought or taken by the employee’s spouse or partner, and that the employee is seeking that period of extended adoption leave to become the primary care-giver of their child

 

(c)      For the purposes of this Clause, spouse includes a defacto spouse.

 

22.9    Notice of Intention to Take Parental Leave

 

(a)      The employee should give at least 10 weeks’ written notice of their intention to take leave.

 

(b)      In the case of maternity leave and paternity leave the employee must give 4 weeks’ written notice of the dates on which the leave will commence and end.

 

(c)      In the case of adoption leave the employee must give written notice of the dates on which the employee proposes to start and end the period of leave as soon as practicable but at least 14 days before proceeding on leave.

 

22.10   Right to Request

 

(a)      An employee entitled to parental leave may request the Council to allow the employee to:

 

(i)       extend the period of simultaneous parental leave use up to a maximum of eight weeks;

 

(ii)       extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(iii)      return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the employee in reconciling work and parental responsibilities.

 

(b)      The Council shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or Council’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(c)      The employee's request and Councils decision made under 22.10(a)(ii) and 22.10(a)(iii) must be recorded in writing.

 

(d)      Request to return to work part-time

 

Where an employee wishes to make a request under 22.10(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

22.11   Communication during parental leave

 

(a)      Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Council will take reasonable steps to:

 

(i)       make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

 

(ii)       provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

(b)      The employee shall take reasonable steps to inform the Council about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

(c)      The employee shall also notify the Council of changes of address or other contact details which might affect the employer's capacity to comply with paragraph (a) above.

 

Clause 23.  Bereavement Leave

 

23.1    Where an employee, other than a casual employee, is absent from duty because of the death of a person in accordance with paragraphs (a) to (e) below and provides satisfactory evidence to council of such, the employee shall be granted two days leave with pay upon application. Persons in respect of whom bereavement leave may be claimed shall include;

 

(a)      a spouse of the employee; or

 

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

 

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

 

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

 

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

 

‘relative’ means a person related by blood, marriage or affinity;

 

‘affinity’ means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

‘household’ means family group living in the same domestic dwelling.

 

23.2    Bereavement leave shall be taken within a reasonable period as soon as practicable from the date of the death of the individual.

 

23.3    Employees will be entitled to an additional three days bereavement leave following the death of a parent (including foster and step-parent), spouse (including de-facto partner and same sex partner) or child (including step, foster child).

 

23.4    Bereavement Entitlements for Casual Employees

 

23.4.1 Subject to providing satisfactory evidence to Council, casual employees are entitled to not be available to attend work, or to leave work upon the death of a person prescribed in subclause 23.1 paragraphs (a) to (e) above.

 

23.4.2 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.

 

23.4.3 Council must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of Council to engage or not engage a casual are otherwise not affected.

 

Clause.  24.  Long Service Leave

 

24.1    Long service leave accrues after 5 years of service, and will be applied in accordance with the Long Service Leave Act 1955 as amended, and the following provisions applicable under this award:

 

	All at ordinary rates of pay
Length of Service	Prior to 22/8/83	Since 22/8/83
After 5 years of services	NA	6.5 weeks
After 10 years service	13 weeks	13 weeks
After 15 years service	19.5 weeks	21.5 weeks
After 20 years service	30.5 weeks	35 weeks
For every further completed period of 5	11 weeks	13 weeks
years services

 

24.2    Long service leave shall accrue in accordance with the above table and proportionately for each completed month of service.

 

24.3    Employees and Council should take account of operational and business needs when scheduling long service leave, but in any event must give at least 4 weeks notice of their intention in regard to the taking of Long Service Leave.

 

24.4    For the purpose of calculating long service leave entitlement in accordance with this clause, all prior continuous service with any other council within New South Wales shall be deemed to be service with the City of Sydney.

 

24.5    Continuity of service shall be deemed not to have been broken by transfer or change of employment from another council to the City of Sydney provided the period between cessation of service with the former council and appointment to the City of Sydney does not exceed three months and such period is covered by accrued annual and long service leave standing to the credit of the employee at the time of the transfer, provided further that the employee concerned does not engage in work of any kind during the period of paid leave between the cessation of service with the former council and appointment to the service of the City of Sydney.

 

24.6    When an employee transfers from another council to the City of Sydney, the long service leave entitlement accrued by the employee may be transferred to the City of Sydney, provided the monetary equivalent of long service leave is paid directly to the City of Sydney by the other council at the time of transfer.

 

24.7    An employee transferring long service leave entitlements in accordance with subclause 24.6 of this clause must first complete 3 years service with the City of Sydney before being eligible to claim long service under the terms of subclause 24.1 of this clause.

 

24.8    Long service leave shall be taken in periods of not less than 1 week.

 

Clause 25.  Accident Pay

 

25.1    An employee shall be entitled to accident pay for the period of their absence from work if such absence arises from circumstances which give right to payment of compensation by the Council under the Workers’ Compensation Act 1987.

 

25.2    The period for which an employee shall be entitled to payment of accident pay in respect of each particular injury or accident giving right to the payment of compensation shall be 6 months from the expiration of full compensation under the conditions of the Workers’ Compensation Act 1987.  An employee will also be entitled to a further period of 1 weeks accident pay for each completed year of service as at the date of injury or accident.

 

25.3    Accident pay shall be the sum equal to the difference between the amount of compensation to which the employee is entitled to under the Workers’ Compensation Act 1987, and the rate of salary attaching to the employee’s specified position.

 

25.4    To obtain accident pay, an employee shall present themselves, at their own expense, as soon as they are physically capable of doing so and at other times as directed for examination by a Council appointed medical practitioner, or by a medical practitioner at their place of residence or hospital, as the case may be.

 

25.5    The Council may refuse to grant accident pay prior to the date upon which an employee presents themselves for examination by the medical practitioner of Council in any case where the employee, being physically capable of doing so, fails to comply with the provisions of Clause 25.4.

 

25.6    Where an employee has exhausted their rights under this Clause, the employee may elect to take sick leave with pay, equivalent to the accident pay that would otherwise be payable under the provisions of this Clause.  If the employee elects to use the sick leave provisions of this Clause, the sick leave shall be debited against the employee’s entitlements as provided by Clause 17.

 

25.7    Refund of Sick Leave and Accident Leave

 

25.7.1 Where an employee has been paid sick leave or accident pay, where their incapacity for work has resulted from an injury sustained under circumstances creating a legal liability for damages in some person other than the Council, and the employee recovers the damages in respect of the injury, the employee shall refund to Council the amount of sick leave and accident pay paid by Council.

 

25.7.2 This provision only applies if the damages recovered by the employee are reduced in accordance with the provisions of subsection (1) of Section 10 of the Law Reform (Miscellaneous Provisions) Act 1965, as amended by the Administration of Justice Act 1968, the amount of sick leave or accident pay to be refunded to the Council shall be reduced to the same extent as the damages recovered by the employee.

 

PART FIVE -  SERVICE AND PAYMENTS ON TERMINATION

 

Clause.  26.  Payment to Dependants of Deceased Employee

 

26.1    Where the service of an employee is terminated by death, the Council shall pay any monies due in respect of annual holiday and/or long service leave and/or untaken sick leave to -

 

(a)      the widow or widower of the deceased employee, or where the deceased employee does not leave a widow or widower, to the children by marriage or adoption of the deceased employee in equal shares; or

 

(b)      to the personal legal representative of the estate of the deceased employee where such deceased employee does not leave a widow or widower or does not leave children by marriage or adoption.

 

26.2    Where the person to whom payment is to be made is a child of the deceased employee who has not attained the age of 18 years, or an adult but who is in the opinion of the Council incapable of providing a proper acquittance, the Council shall pay the whole or share of the amount involved to the legal personal representative of the deceased employee on behalf of such child or adult.

 

26.3    Where payment of the monetary value of an annual holiday and/or long service leave and/or untaken sick leave or any proportion thereof has been made, no action may be brought against Council for the payment of any amount of such annual holiday and/or such long service leave and/or such untaken sick leave.

 

Clause 27.  Calculation of Service

 

27.1    In calculating service with the Council, the following periods shall be taken into account:-

 

(a)      leave with pay approved by Council

 

(b)      periods of absence without pay approved by Council and not exceeding 1 ordinary working week

 

(c)      periods of annual holiday, long service leave, sick leave with pay or incapacity for work covered by the Workers’ Compensation Act 1987 as amended

 

(d)      previous periods of service which were not terminated by resignation or dismissal

 

(e)      any period of leave without pay for which an employee is indemnified by a third party for loss of salary for the period of leave without pay.

 

27.2    Leave Without Pay & Service Provisions

 

Periods of leave without pay approved by the Council as Sick Leave / Accident Pay, not exceeding the periods set out in this subclause, shall be counted as service for all purposes of this Award.

 

Where the service factor of the employee at the onset	The maximum periods of leave without pay to
of incapacity is:-	count as service shall be:-
Less than 1 year	4 weeks
1 year but less than 5 years	8 weeks
5 years or more	12 weeks

 

27.3    Provided that where the incapacity of the employee is due to war-caused disabilities accepted by the Department of Veterans’ Affairs, then the employee shall be entitled to have counted as service, for the aforesaid purposes and in addition to the aforesaid periods, an additional week in respect of each year of the employee’s service as at the date of onset of the incapacity.

 

PART SIX - OTHER MATTERS

 

Clause 28.  Dispute Settlement Procedures

 

28.1    The following procedures are designed to assist management and employees to prevent or settle any grievance, complaint or dispute at the workplace without industrial action or stoppage of work, and with a view to ensuring that services to the public and ratepayers are maintained without interruption or being affected in any way.

 

28.2    Whilst not seeking to preclude or affect the rights of any party to an industrial dispute from proceeding under the provisions of the New South Wales Industrial Relations Act 1996, or any Act replacing it, or to affect any obligation under an Act, the following procedures for settlement of grievances, complaints or disputes at the workplace shall be followed:-

 

28.3    Procedures to Resolve Workplace Grievances, Complaints or Disputes

 

At all stages, work shall be performed as directed by the Council or its authorised representatives without interruption or the imposition of any bans or limitations, and in accordance with the provisions of this Award and relevant staff policies to enable an opportunity for the matter concerned to be resolved by negotiation in accordance with the following procedures.

 

Step 1

 

If there arises any grievance, complaint or dispute at the workplace, in the first instance the employee(s) must discuss the matter with their immediate supervisor.

 

Step 2

 

If the matter is not resolved immediately the Executive member concerned and the Director Workforce and Organisational Development shall be advised at this stage by the supervisor or a more senior employee.

 

Step 3

 

If the matter is not resolved immediately, the Union Delegate concerned shall discuss any matter affecting the employee(s) she/he represents with the employee’s supervisor when requested by the employee or the supervisor.

 

Step 4

 

If the matter is still not resolved, the Executive member / Director Workforce and Organisational Development shall notify the appropriate union official(s) of the matter concerned and shall arrange a conference of the parties concerned or affected.

 

28.4    To Assist the Expeditious Resolution Of Disputes

 

Procedures to be followed regarding matters of urgency raised at an organised meeting of the Unions are listed below:

 

Step 1

 

The Director Workforce and Organisational Development shall be informed by an official of the appropriate union(s) involved of the existence of the dispute.

 

Step 2

 

The Director Workforce and Organisational Development shall then inform the Executive member concerned, and if need be, the Chief Executive Officer.

 

Step 3

 

If the matter should still remain unresolved, then the Director Workforce and Organisational Development shall arrange a conference of the parties concerned or  affected.

 

28.5    Direct Negotiations

 

Nothing contained in these procedures will preclude the Council or any of the unions concerned from entering into direct negotiations on any matter.  During such negotiations, except where they are concerned wholly or predominantly with a genuine safety issue, work will be performed as directed by the Council or its authorised representative(s).

 

28.6    Industrial Relations Commission of New South Wales Assistance

 

At any stage of these proceedings, any Union(s) or Council may seek the assistance of the Industrial Relations Commission of New South Wales.  However, it is preferable that reasonable endeavours be made to resolve the matter in accordance with these procedures before seeking the assistance of the Industrial Relations Commission.

 

28.7    Principles for the Resolution of Disputes Concerning the Preservation of Entitlements

 

(a)      In resolving any dispute under the process set out in clause 28.3 or 28.4 which concerns the interpretation of this Award, the parties will ensure that, as far as practicable, the pre-existing entitlements of employees shall be preserved.

 

(b)      Upon the parties determining that the pre-existing entitlements of employees have not been included in this consolidated Award or that pre-existing entitlements have been inadvertently varied by this Award, the parties or either party will apply to the Industrial Relations Commission of New South Wales to have the Award varied to ensure the preservation of entitlements.

 

Clause 29.  Delegates Rights

 

29.1    The following delegates’ rights provisions are the procedures to be applied in relation to Union delegates. Adherence to these procedures is essential to ensure the maintenance of a cohesive and cooperative working environment.

 

29.2    An employee elected as a Union delegate will, upon written notification by the Union to the Council, be recognised as the accredited representative of the Union to which the employee belongs in the defined area so elected, and will be allowed all reasonable time during working hours to submit to the Council or authorised representative, matters affecting the employees they represent. Such representations should be arranged for times, which are convenient to both parties.

 

29.3    Before delegates move away from their immediate work location to commence work on Union business, they must first notify their supervisor. Similarly, where delegates wish to meet with Council’s representatives, which will take them away from their immediate work location, they should first contact their supervisor before making such arrangement.

 

29.4    For the purposes of (29.2) above, delegates must provide their supervisor, information regarding the reason for their departure and the estimated time of absence, prior to leaving the immediate work location on Union business. Similarly, and immediately upon return of a delegate from Union business, the delegate will notify the supervisor.

 

29.5    Failure of a delegate to meet the provisions of (29.2) and/or (29.3) above, could result in the employee concerned forfeiting the right to pay for the period of such absence. In such cases and before authorising any deduction, the matter must be referred to the Workforce Services Division.

 

29.6    Supervisors will not unreasonably withhold permission for delegates to attend to bona fide Union matters or issues affecting the legitimate industrial interests of members who they are elected to represent.

 

29.7    In the same spirit, accredited delegates should observe the above procedures and recognise the need to balance their absence from the job on union business with the requirement for acceptable work performance.

 

29.8    This provision is to be read in conjunction with Clause 28, Disputes Settlement Procedures.

 

PART SEVEN -  SALARY SYSTEMS AND RATES OF PAY

 

Clause.  30.  Principles

 

30.1    The salary systems provided for by this clause and the rates of pay prescribed for them incorporate and reflect all past work value considerations and all changes in work value considerations intended to result from the proper application, implementation and operation of this Award.  Similarly, all past productivity and efficiency improvements are reflected in the classifications and salary rates prescribed in this Award.

 

30.2    The work done by employees bound by this Award is intended to involve broadbanding and multi-skilling to the maximum practicable extent. Broadbanding and multi-skilling are essential features of the Salary Systems and apply as follows:

 

30.2.1 Broadbanding

 

Broadbanding involves a process whereby related or like functions or tasks are grouped together in such a way that there is no impediment to those functions or tasks being performed as part of the duties of any job within one band. The process allows movement of people between tasks and functions and mixing and regrouping of tasks and functions within a broad‑band. This process does not include those functions or tasks where the individual's ability to safely learn and / or perform the function or tasks, where an essential requirement for a formal qualification limits the process.

 

30.2.2 Multiskilling

 

Multi-skilling involves the acquisition, addition and increasing the level of task-related skills and knowledge, which enables the individual to perform a wider range of tasks and functions. Skills acquired through multi-skilling may be those that normally related to a higher or lower salary band than the employee's present work level and could also be appropriate to tasks outside the individual's present work area. Multi-skilling assists individuals to increase their range of skills and maintains and improves efficient work performance.

 

30.2.3 A number of avenues have been identified that facilitate skill acquisition. These are available and will be developed and utilised as appropriate to various groups and work areas. The avenues include:

 

formal training courses

 

job rotations

 

secondments and transfers

 

on-the-job-training

 

external courses

 

30.2.4 The Council already operates a coordinated training program aimed at increasing the skill and knowledge of its employees. This program has been further enhanced through improved record keeping; to recognise and record skill acquisition of employees.

 

30.3    Salary Systems Related Matters

 

The rates of pay for Wages and Salaried Divisions, prescribed by this Clause and detailed in Appendix 1, shall be deemed to stand alone and to contain any rates or component rates from outside awards or agreements.

 

Clause 31.  Savings and Adjustments

 

Notwithstanding any other provisions of this Award, the rate of pay to an employee under this Clause:-

 

(a)      shall not be less than the rate payable to the employee under the Award, as varied, rescinded and replaced by this Award for the classification of the said rescinded Award, as varied, to which the employee was substantively appointed immediately prior to the date of the making of this Award; and

 

(b)      includes an amount equal to 1.35% of salary for the annualisation of leave loading for those employees previously employed under the Salaried Division related Awards; and

 

(c)      The increases in pay rates provided in this award have been varied to incorporate all increases in pay rates flowing from State Wage Case decisions.

 

Clause 32.  Salary Sacrifice

 

32.1    The objective is to provide employees with a greater flexibility in the method of how they wish their annual salary to be paid. Salary sacrifice is the substitution of salary for non-salary benefits. This facility is provided on the basis that the total cost to the employer shall be no greater than the employee’s current Award prescribed salary.

 

32.2    The application of salary sacrifice shall be in accordance with the provisions of Council’s Salary Sacrifice Policy and arrangements will always be subject to Australian Taxation Office approval and cost neutrality to the City.

 

32.3    This provision is not compulsory on all employees. The employee may elect to utilise this provision.

 

32.4    To access this provision the employee must comply the following steps;

 

(a)      organise the necessary financial arrangements themselves; and

 

(b)      provide all the necessary information and authorisation to Council for processing.

 

32.5    The employee’s total annual salary must equal their prescribed Award annual salary.

 

32.6    The value of the benefits shall be agreed between the Council and the employee and shall include fringe benefits tax where applicable.

 

32.7    The benefits to be salary sacrificed and their value shall be in writing and signed by both Council and the employee.

 

32.8    In the event that changes in legislation, Income Tax Assessment Act determinations or rulings remove the Council’s capacity to maintain the salary sacrifice arrangements offered to employees through this agreement, Council will be entitled to withdraw, or modify arrangements, from the salary sacrificing arrangements by giving notice to each affected employee.

 

SECTION 2 - WAGES DIVISION

 

Clause 33.  Hours of Work

 

33.1    Exceptions to clause 6, existing at the time of making this award, which will continue to be available unless otherwise varied by agreement, are the ordinary weekly working hours of an employee of a grade, classification or level involving the work of:-

 

33.2    a Driver of Lorry (Refuse Collection and/or Disposal, Labourer (Refuse Collection and/or Disposal), Labourer (Street Sweeping), Mechanical Plant Operator (Refuse Collection and/or Disposal), engaged on night cleansing work including collection and/or disposal of refuse, shall be 32 hours per week in not more than 11 shifts in 14 consecutive days; and

 

33.3    in such cases, the employee will be paid in addition to and averaged into the normal rate of pay, a shift penalty of 11.5% in respect of any shift worked Monday to Friday inclusive, except a shift worked on a public holiday.

 

33.4    Except in cases of emergency (to be determined by Council), the Council shall not alter the starting or ceasing time of an employee without first giving 7 days notice to the Union.

 

Clause  34.  Terms of Employment

 

34.1    Casual Loading 

 

34.1.1 Wages Division casual employees will be paid a loading of 25% in addition to the rates of pay provided by this Award.

 

34.1.2 This casual loading will only be paid for ordinary hours worked Monday to Friday, and will not attract any penalty. Overtime will be paid for work outside the ordinary hours for the position.

 

34.2    Wet Weather Provisions

 

An employee will not lose salary owing to wet weather, provided that the employee shall:

 

(a)      report for and continue working until such time as the supervisor orders work to cease; and

 

(b)      stand by as directed by the supervisor; and

 

(c)      recommence duty as directed.

 

34.3    Payment of Wages

 

All employees who are in Wages Division classifications will be paid on a weekly basis.

 

Clause 35.  Overtime

 

35.1    Eligibility for Overtime - Monday to Friday

 

Subject to clause 9.1 of the Common Conditions of Employment, all overtime must be directed by an authorised officer.  Overtime for Wages Division employees will be paid at time and one-half for the first 2 hours and double time thereafter.

 

Note: For Shift Workers refer to clause 9.8 for rates and other provisions.

 

35.2    Meal Allowance - Continuity of Overtime

 

For positions covered by Wages Division classifications, overtime worked in several separate periods outside ordinary working hours shall be regarded as continuous.

 

35.3    Part-time Employees - Payment of Overtime

 

A part-time employee in a Wages classification position will only be paid overtime where they work more than their normal ordinary hours for that day.

 

Clause 36.  Shiftwork and Penalty Payments

 

Ex-South Sydney Council Employees transferred to the City of City as a result of boundary changes and or amalgamations prior to 8 May 2003.

 

Any employee in a Wages Division classification position, who at the date of transfer from South Sydney City Council was, engaged on shift work, shall not be required to work more than 10 shifts in any 14 consecutive days without payment of overtime.

 

Clause 37.  Meal and Crib Breaks - Ordinary Hours

 

Employees in Wages Division classification positions will have their morning tea at their work location.

 

Clause 38.  Allowances

 

38.1    Higher Grade Duties Allowance - Wages Classifications

 

38.1.1 An employee who performs for one or more of their ordinary daily working hours, works for which is fixed a higher wage than that applicable to their appointed grade, classification or level, shall be paid in respect of their performance of such work for the whole day at the higher wage.

 

38.1.2 The provisions of the Wages Division Higher Grade Duties Allowance shall apply when an employee is appointed to relieve in a Salary Band Classification position.

 

38.2    First Aid Allowance

 

38.2.1 An employee, who holds the First Aid Certificate of the St. Johns Ambulance Association or a Certificate of equivalent status, may be nominated by management as the work areas First Aid Officer.

 

38.2.2 Each nominated First Aid Officer will receive an allowance of $1.64 per day for employees in Wages Divisions Classifications in recognition of their possessing the Certificate, and of their willingness to assist with on-site first aid when called upon.

 

38.3    Chauffeur-Official Cars Allowance

 

An employee appointed to a classification, grade or level of Chauffeur-Official Cars will be paid overtime between the hours of 8:00am and 6:00pm, Monday to Friday inclusive, except for public holidays.  In substitution for any further payment they would otherwise be entitled to, an allowance of $59.93 per week will be paid.  This allowance has been calculated in proportion to ordinary hours worked and shall be deemed to be part of ordinary rates of pay for the classification, grade or level for higher grade work, annual leave, long service leave and sick leave (see Appendix 3 for annualisation).

 

38.4    Multi-skilling allowance

 

Salary rates provided for in this Award are calculated to include as a permanent component of salary, and absorbed into rates of pay, the provisions of the Trades Groups Multi-skilling and Cross skilling Higher Duties Allowance Guidelines agreement with trades employees and their Unions dated 18 March 1996. The broad extent of these multi-skilling arrangements is contained in clause 27 of this Award, and the provisions of the said agreement (refer to Section 4 - Appendix 4). In future, no further application of these multi-skilling provisions, to the extent already agreed, will occur.

 

38.5    Tools and Tool Allowances

 

38.5.1 Employees in the following groups of tradespersons will be paid tool allowances in accordance with Appendix 2.

 

(a)      Building Tradesperson required to provide own tools for:

 

French polishing or painting

 

bricklaying or tiling

 

plastering

 

carpentry and/or wood machining work

 

(b)      Electrical Tradesperson

 

(c)      Mechanical Tradesperson (including former auto-electrician, fitter, mechanical Tradesperson (special class), motor mechanic, air-conditioning fitter and field service fitter.

 

(d)      Plumbing/Drainage Tradesperson

 

(e)      Vehicle Fabricator Tradesperson (including a vehicle body fabricator, panel beater and welder)

 

38.5.2 The Council will provide all necessary tools for employees, with the following exceptions:

 

(a)      rather than providing all necessary tools, Council may pay the tool allowance prescribed above; and further

 

(b)      where a Tradesperson is paid the tool allowance, Council will still provide the following tools for each trade as detailed in Clause 38.6.

 

38.6    Trade Tools to be provided by Council

 

Bricklayer - Scutch combs, hammers (excepting mash and brick hammers) rubber mallets and T squares

 

Carpenters - Dogs and cramps of all descriptions, bars of all descriptions over 24 inches long, augers of all sizes, star bits and bits not ordinarily used in a brace, hammers (except claw hammers and tack hammers) glue pots and glue brushes, dowel plates, trammels, hand thumb screws and soldering irons.

 

Plumbers - Metal pots, mandrills, long dummies, stocks and dies for iron, copper and brass pipes cutters, tongs, vices, taps and drills, ratchets, files, cramps, caulking tools, hacksaws and blades, welding and brazing outfits including goggles where necessary and all shop tools.

 

Painters - All brushes and dusters

 

Electricians - All sizes of twist drills, masonry drills, special size wood bits, taps, tap holders, stocks and dies, hammers, other than a 2lb. Ball and claw hammer, all hacksaw blades, files, saws other than keyhole, electric drills, extension equipment spanners, scutch combs, scutch chisel and other expendable tools or equipment which may be required by the employee from time to time to carry out their duties in a satisfactory manner.

 

38.7    Loss of Tools

 

38.7.1 The Council will insure and keep insured against loss or damage by fire or theft whilst on the Council’s premises the employee’s tools as used by the employee in the course of employment;

 

38.7.2 The Council will provide a suitable and secure weatherproof lockup for the purposes of storing an employee’s tools on the job.

 

38.8    Annualisation of Tool Allowances

 

By agreement of the majority of employees (50%+1) in a designated work group, entitlements to tool allowances may be annualised into rates of pay.

 

Clause 39.  Annual Leave Loading

 

Employees in Wages Classifications shall be paid a loading equivalent to 17.5% of 4 weeks ordinary wages for the 4 weeks of annual leave accruing.  Employees in Wages Classifications who have worked shift work for a period of 12 months preceding the annual leave totalling 42 weeks shall be paid the penalty rate to which otherwise would have applied if greater than the annual leave loading payment.

 

SECTION 3 - SALARIED DIVISION

 

Clause 40.  Terms of Employment

 

40.1    Part-time Employees

 

A part-time employee in a Salaried classification position will only be paid overtime where they work more than 3 hours in excess of their normal ordinary hours for that day.

 

40.2    Casual Loading

 

40.2.1 Salaried Division casual employees will be paid a loading of 23.5% in addition to the rates of pay provided by this Award.

 

40.2.2 This casual loading will only be paid for ordinary hours worked Monday to Friday, and will not attract any penalty. Overtime will be paid for work outside the ordinary hours for the position.

 

40.3    Payment of Employees

 

All employees who are in the Salaried Division classifications will be paid on a fortnightly basis.

 

Clause 41.  Hours of Work

 

41.1    Flexible Working Arrangements

 

41.1.1 The parties agree to increase flexibility in working arrangements to suit operational needs of employees in Salaried Division classifications.

 

41.1.2 Flexible working arrangements with respect to hours worked, rostered days off, flexi-time schemes and overtime may be made by agreement after consultation between the employee and their Level 3 Manager through their supervisor.

 

41.1.3 Access to flexible leave arrangements will recognise the hours they work, but at the same time identifying that Council’s operational needs are paramount. Time off will be taken at times which suit operational needs as approved by each area’s Executive member. 

 

41.1.4 The recognition of accumulated time shall be by way of an agreed method between the employee and the Unit Manager or Executive member.

 

41.2    The 9-Day Fortnight

 

41.2.1 Working a 9 day period of week days of 8.06 hours continuously per day, except for meal breaks at the discretion of Council, or as otherwise agreed between the parties of not more than 72.5 hours in each calendar period of 14 days or 145 hours in each calendar period of 28 days. The time worked during the period to be deemed to be ordinary hours of duty for the employees concerned.

 

41.2.2 Notwithstanding anything else provided in this Award, the Chief Executive Officer and the Secretary of the Union concerned may enter into an agreement for employees below Salary Band 7 (not including Wages Classifications) for adoption of a 9 Day scheme. This salary rate will be adjusted in accordance with salary movements of this Award.

 

Clause 42.  Overtime

 

42.1    Eligibility for Overtime

 

Overtime will only be paid to an employee whose annual salary does not exceed the maximum salary rate applicable to Salary Band 5. If an employee’s annual salary is greater than the maximum salary rate applicable to Salary Band 5 then they are not eligible to be paid overtime.  This salary rate will be adjusted in accordance with salary movements of this Award.

 

42.2    Overtime - Monday to Friday

 

Subject to clause 10.1 of the Common Conditions of Employment, all overtime must be directed by an authorised officer.  Overtime for Salaried Division employees will be paid at the ordinary rate for the first 3 hours with the next 2 hours at time and one-half and double time thereafter.

 

Note: For Shift Workers refer to clause 9.8 for rates and other provisions.

 

Clause 43.  Meal and Crib Breaks - Ordinary Hours

 

Employees in Salaried Division classification positions will take their morning and afternoon tea break at their work stations.

 

Clause 44.  Salary Band System

 

44.1    Rates of Pay

 

44.1.1 Commencement rates of pay are as per Appendix 1, except where an employee working in Salaried Division classifications has completed the Higher School Certificate or equivalent shall not be paid less than $24,409 p.a.

 

44.1.2 The rates of salary per annum prescribed by this clause are inclusive of the basic wage for an adult, and shall be deemed to be the rates of pay attached to an employee's appointed rate.

 

44.1.3 The Salaried Division Salary Band System and rates of pay are detailed at Appendix 1 of this Award.

 

44.2    Job Evaluation

 

44.2.1 The job evaluation system is not applicable to employees specified as Wages Division Classifications.

 

44.2.2 Rates of pay as determined by job evaluation cannot be applied to existing contract bids for specified work.

 

44.2.3 A position’s salary rate and salary band placement is determined by work assessments in accordance with Council's job evaluation policy and system, as varied from time to time.

 

44.2.4 The minimum salary rate attached to job evaluation scores of each salary band will reflect the work value of the position.

 

44.2.5 All positions will be reviewed upon job redesign, and regularly as positions become vacant in accordance with Council’s job evaluation policy and system as  varied from time to time.

 

44.3    Salary Progression

 

44.3.1 Salary progression within a salary band range is based on superior performance and shall be assessed through the application of performance reviews in accordance with the provisions of Council's Performance Management Policy.  Salary progression will be available where performance ratings are as follows:

 

above average - an increase of 3% of existing salary

 

outstanding - an increase of 5% of existing salary

 

44.3.2 Salary progression may only occur within the salary band allocated. All advancement within a salary band will be based on performance.  A staff member’s salary progression is limited to the maximum of their salary band or present occupant only salary range, whichever is the greater.

 

44.3.3 Advancement from one salary band to another salary band will be based on merit.

 

44.4    Salary Band System Principles

 

44.4.1 The Salary Band System provides for 10 salary bands to encompass all employees.  The salary entry levels for the salary bands are sufficient to:

 

(a)      differentiate between the successive management levels;

 

(b)      acknowledge that job content at various levels will vary;

 

(c)      properly cater for promotions; and

 

(d)      allow for the enhancement and development of skills, increasing managerial or other responsibilities and personal development.

 

44.4.2 The Salary Band System facilitates career development and supports career opportunities for individuals as well as the Council's reorganisation activities and enables the development of an effective Human Resource Strategy.

 

44.4.3 The implementation of Council's Performance Management Policy will further improve the multi-skilling of employees by ensuring that employees are provided with skills development and opportunities and are recognised for the skills acquired.

 

44.4.4 The principles related to the Salary Band System will provide increased flexibility for the Council to manage change in the work place, achieve corporate goals, and to foster the development of skills by:

 

(a)      mixing and matching of jobs;

 

(b)      training and management development;

 

(c)      provision of adequate study leave for approved courses;

 

(d)      job rotation by agreement between the employee and the Council;

 

(e)      vertical and horizontal job re-design which will lead to substantial benefit to employees with more interesting work being performed;

 

(f)       career development based on merit and performance review; promotion based on merit, subject to vacancy and by means of competitive selection process;

 

(g)      open and shared objective assessment of performance;

 

(h)      ongoing elimination of restrictive work and management practices.

 

(i)       The adoption of the Salary Band System provides a flexible framework for the classification of positions and the provision of remuneration based on merit.

 

Clause 45.  Allowances

 

45.1    Higher Grade Duties Allowance - Salaried Division Classifications

 

45.1.1 Where an employee in the same salary band is requested to take on additional duties to provide short term relief (less than 3 months) then an allowance may be paid for the time the additional duties are performed.

 

45.1.2 Periods of acting of less than 5 consecutive working days will not be taken into account, and any public holidays will be deemed to be working days for the purposes of this clause.

 

45.1.3 An employee may be paid a proportion of the higher duties allowance equivalent to the proportion of functions performed in the higher salary band position.

 

45.2    Allowances paid for acting on, and holding a range of trade licences

 

Salary rates provided for in this Award are calculated to include as a permanent component of salary, and absorbed into rates of pay, those allowances contained in Appendix 3 to this Award, as previously provided for in industrial agreements, and Clause 28 of the Council of the City of Sydney (Salaried Division - Salaries and Conditions) Award, as they apply to the workplace and work practices at the time of implementation of this Award.

 

45.3    Building Surveyor and Health Surveyor

 

Salary rates for the classifications of Building Surveyor and Health Surveyor include as a permanent component of salary, and absorbed into rates of pay, an allowance of $8-51 per week detailed in Appendix 3 of this Award, as previously provided for in clause 10(3a) and 10(3b) of the Council of the City of Sydney (Salaried Division - Salaries and Conditions) Award.

 

45.4    Supervisory rates

 

An employee, appointed to a supervisory position, will have included in their salary as a rolled up rate the amounts as previously prescribed in Table 2, Part B, Schedule B of the Sydney City Council (Wages Division - Wages and Conditions) Interim Award, and detailed in Appendix 3 of this Award, which will for all purposes be absorbed into rates of pay for that position.  This provision only applies to Leading Hands and Sub-Forepersons of Non-Tradespersons.

 

SECTION 4 - APPENDICES

 

Appendix 1	Rates of Pay
Appendix 2	Annual Tool Allowances
Appendix 3	General Allowances And Conditions Money That May Be Annualised
Appendix 4	Multi-skilling and Cross-skilling Agreement 1996
Appendix 5	Table of 9 Day Fortnight and 19 Day Month Pay Systems

 

Appendix 1 - Rates of Pay

 

Salaried Classifications				Wages Classifications
BAND	Evaluation	Salary Range			Rates
BAND 1	100 -170	$24,799	$45,578	Grade 1	$37,671
				Grade 2	$38,610
				Grade 3	$39,582
				Grade 4	$40,061
				Grade 5	$41,068
				Grade 5A	$41,440
				Grade 6	$42,504
				Grade 7	$43,007
				Grade 8	$44,076
				Grade 9	$44,838
				Grade 10	$45,687
				Council Worker 1	$36,716
				Council Worker 2	$38,556
				Council Worker 3	$41,440
				Council Worker 4	$42,873
				Council Worker 5	$43,818
				DSO 1	$43,972
				CSO 1	$42,964
				CSO 2	$45,396
				CSO 2A	$45,899
BAND 2	171 - 250	$46,957	$52,459	Grade 11	$46,493
				Grade 12	$47,705
				Grade 13	$49,323
				Grade 14	$50,226
				Grade 15	$50,598
				Grade 15A	$51,040
				Grade 16	$51,491
				Grade 16A	$52,039
				Grade 17	$52,721
				DSO 2	$45,899
				DSO 3	$47,721
				DSO 4	$48,564
				CSO 3	$46,960
				CSO 4	$47,722
BAND 3	251 - 340	$53,486	$60,581	Grade 17A	$56,137
				Grade 18	$53,674
BAND 4	341 - 430	$61,836	$70,156
BAND 5	431 - 520	$70,929	$79,602
BAND 6	521 - 620	$81,450	$92,567	APPRENTICES 38 HPW
BAND 7	621 - 720	$94,079	$105,426	Year 1	$25,544
BAND 8	721 - 820	$107,477	$122,786	Year 2	$29,392
BAND 9	821 - 930	$124,922	$140,255	Year 3	$33,549
BAND 10	931 - 1040	$142,954	$161,410	Year 4	$37,787

 

Appendix 2 - Annual Tool Allowances

 

Annual Tool Allowances
Classification	Annual Rate
Bricklayer	$969
Carpenter and Plumber	$1,305
Metal and Mechanical Trades	$1,305
Painter and Signwriter	$394
Plasterer	$1,108

 

Electrician	$871
Stonemason	$1,305

 

Appendix 3 - General Allowances And Conditions

 

Money that may be annualised (refer Clause 17)

 

As per Clause 9 and 12 of the Council of the City of Sydney (Wages Division - Wages and Conditions) Award.

 

9.1(b) - Abnormal conditions allowances - all @ 36 cents / hour each

 

working in a confined and cramped space

 

working without protective clothing in wet conditions

 

working in a place where temperature artificially raised to 46C or above

 

working in a place where temperature artificially reduced to 0C or below

 

attending fires in hot water boilers, or burning refuse in incinerators in residential properties owned by Council

 

working on a ladder at a height of more than 6 metres

 

working on a swinging stage or bosun’s chair

 

working tunnels, underground shafts or drives

 

using noxious spray

 

cleaning the external side of windows over 3 meters above nearest horizontal plane

 

working under dusty or otherwise abnormal conditions

 

9.2      In charge of plant during meal break @ $1.89 / hour

 

9.3      Using explosive tools @ $0.90/ hour

 

9.5      Collection of moneys @ 38 cents / hour

 

9.6      Removal of dead animals @ $1.17 / animal to a maximum of $4.74 in any 1 day.

 

9.11    Slagwool etc @ 47 cents / hour

 

9.12    Employee driving a lorry with trailer attached @ $5.09 / day

 

9.13    Transporting piano @ $3.48 / day

 

9.14    Asbestos allowance @ 54 cents / hour

 

9.15    Additional allowances for tradespersons and other employees, including:

 

Tradesperson working at a tip or incinerator, on a refuse collection vehicle, in the hopper, on a conveyor of a street sweeping machine, in water tank of a flusher, inside compaction unit @ $5.94 / day

 

Tradesperson or other employee engaged on a chokage and required to open up any soil pipe, waste pipe or drain pipe conveying offensive matter @ $4.58 / day

 

a painter required to use power, electrical or pneumatic operated tools @ 40 cents / hour

 

a painter engaged in the removal of rust, or repainting or other work within the hopper or street sweeper, or water take of a flusher @ 37 cents / hour with a minimum payment of $1.86 / day for work in excess of 1 hour.

 

As per Clause 10 of the Council of the City of Sydney (Salaried Division - Salaries and Conditions) Award.

 

10.2    Taking of verbatim notes in shorthand @ $8.22 for first half hour and $4.25 for each succeeding half hour

 

10.3a   Building Surveyor having completed the Associate Diploma Health and Building or Post Certificate Course of Health Surveyors from TAFE@ $9.50 per week.

 

10.3b   Health Surveyor having completed a Post Certificate Course for Building Surveyors by TAFE @ $9.50 per week.

 

As per Clause 28.1(a), (b), 2 (i-vii), 5, 6 and 7 of the Council of the City of Sydney (Salaried Division - Salaries and Conditions) Award:

 

28.2    payment of allowances to supervising tradespersons who hold and act on licences:

 

Plumbers’, Gasfitters’ and/or Drainers’ licences @ 64 cents / hour; or

 

Drainers Licence @ 54 cents / hour

 

both Plumbers and Gasfitters or Drainers @ 85 cents / hour

 

both Gasfitters and Drainers @ 85 cents / hour

 

both Plumbers, Gasfitters and Drainers @ $1.17 / hour

 

payment of allowance for the holding of the Certificate of Registration issued by the Building Services Corporation @ 49 cents / hour

 

payment of allowance where required to be registered under the Motor Vehicle Repair Act $14.18 / week

 

payment of allowance for holder of "A" Grade Electrician’s Licence issued under the Electricity Development Act 1945 @ $24.45 per week

 

12.16   Chauffeur-Official Cars - allowance in lieu of overtime @ $56.93 / week

 

16.1.4 Supervisory rates

 

As per Table 2, Part B, Schedule B of the Sydney City Council (Wages Division - Wages and Conditions) Interim Award.

 

Clause	Brief Description	Amount per week
16.1.4	Supervisory Classification - Leading Hand	$32.70
	Sub-Foreperson:
	Town Hall Attendants	$32.70
	Sub-Foreperson	$43.09

 

Appendix 4 - Trades Groups Multi-Skilling & Cross-Skilling Agreement 1996

 

Higher Duties Allowance Guidelines

 

Objectives

 

This Guideline shall provide the basis for maintaining, enhancing and rewarding the flexibility in work arrangements throughout the City Of Sydney Council, adopted by tradespeople and the range of skills and duties they exercise.

 

1.  The Parties

 

The Council of the City of Sydney

 

Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union (NSW Branch; Metal and Engineering Division)

 

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union

 

Electrical Trades Union of Australia (NSW Branch)

 

Communications, Electrical, Electronics, Energy, Information, Postal, Plumbers and Allied Services Union of Australia (NSW Branch: Plumbing Division)

 

2.  Intention

 

This guideline shall only apply to Council employees that are employed in trades classification within the City of Sydney Council.

 

3.  Duress

 

This guideline was freely entered into, without duress, by all parties and all the parties support and endorse the provisions contained herein.

 

4.  Award

 

Award shall mean the City of Sydney Council (Wages Division - Wages and Conditions) Award which provides wages and conditions for the Trades employee of the Council.  Apart from the clauses specified in this guideline all other clauses of the Award shall apply.

 

5.  Provisions of the Agreement

 

The Trades Groups Multi-skilling and Cross-skilling Higher Grade Duty Allowance Agreement shall operate to provide the flat gross allowance as detailed below.  Conditions of employment not specified in this Guideline shall be established by the Award.

 

6.  Multi-Skilling and Cross-Skilling Objectives

 

The parties to this Guideline shall ensure that the level of multi-skilling and cross-skilling currently occurring within trades groups are supported and maintained.  This Guideline shall also ensure that the level of multi-skilling and cross-skilling is continually extended so that total flexibility is achieved within the City of Sydney Council.  Specifically the parties agree to work towards the following objectives;

 

The establishment of the broad range of skills and duties currently performed by tradespeople as the requirement for a skilled tradesperson within the City of Sydney Council.

 

The continuous expansion of the range of skills and duties tradespeople currently perform by encouraging them to actively seek opportunities to undertake training (on the job and off the job) which supports new areas of work and which further develops their skills.  This training will be facilitated in accordance with the City of Sydney Council’s policy on Training and Study Assistance Scheme.

 

The establishment of work relationships where the range of skills and duties performed by tradespeople are only limited by appropriate restrictions which flow from the requirement to hold special licences.

 

Advancing the flexibility in the relationships between the trades by encouraging the exercise of cross trade skills where such work is of an incidental nature to the duties performed by the tradesperson.

 

The provision of this allowance will not restrict any employee from seeking a reclassification in accordance to provisions and requirements stated within the terms and conditions of the City of Sydney Council (Wages Division - Wages Conditions) Award.

 

7.  Multi-Skilling and Cross-Skilling Conditions

 

A commitment to complete the questionnaire in accordance to guidelines.

 

The payment of this allowance will only be provided to an employee who has clearly demonstrated that they are carrying out multi-skilling and cross-skilling duties on a regular basis.

 

The removal of any work related bans currently undertaken by Trades employees within the City of Sydney Council and specifically bans in relation to Joint Development Agreement and the Customer Service Program.

 

Any withdrawal of or any refusal to undertake multi-skilling or cross-skilling duties by any tradesperson will result in the payment of the "Multi & Cross Skill Higher Grade Duty Allowance" being withdrawn.  Payment of the Allowance will only be recommenced from the date when the employee actually recommences the performance of all required multi-skilling and cross-skill duties.

 

For a new tradesperson to become eligible for the payment of the "Multi & cross Skill Allowance" the tradesperson must complete a maximum eligibility period of 12 months with the City of Sydney Council.  During this time the employee must be willing to undertake the necessary training to be able to carry out all required multi-skilling and cross-skilling duties. 

 

Also the Tradesperson must be able to demonstrate that they are carrying out required multi-skilling and cross-skilling duties to a competent level.

 

8.  Salary Increase

 

As recognition for the level of multi-skilling and cross-skilling currently undertaken and for agreement to establish the objectives as detailed in clause 7.  Multi-skilling and Cross-skilling Objectives the nominated trades employees will receive a gross payment of $25.00 per week effective from Monday 18 March 1996.  This allowance will be called the "Multi & Cross Skill Higher Grade Duty Allowance" and will be paid in accordance of clause 8.  Multi-skilling and Cross-skilling Conditions.

 

Note:

 

all trades employees who are currently employed by the City of Sydney Council prior to the 18 March 1996 regardless of the length of their service will be eligible for this allowance; and

 

this allowance will not be paid when an employee is absent from on workers’ compensation or on unpaid leave.  This allowance will not be in addition to increases in rates, which flow from the implementation of the Joint Development Agreement 1996.

 

9.  Dispute Settlement Procedures

 

The provision of clause 28, Dispute Settlement Procedures of the said Award, apply.

 

Appendix 5 - Table of 9 Day Fortnight and 19 Day Month Pay Systems

 

(a)      9 Day Fortnight Pay System

 

Week	Monday	Tuesday	Wednesday	Thursday	Friday	Hours
						Per Week
One	8.06 hrs	8.06 hrs	8.06 hrs	8.06 hrs	8.06 hrs	40.3 hrs
Two	8.06 hrs	8.06 hrs	8.06 hrs	8.06 hrs	Day Off	32.2 hrs

 

Total hours worked per fortnight = 72.5 hrs, which is an average of 36.25 hours per week.

 

(b)      19 Day Month Pay System (38 hour week)

 

Week	Monday	Tuesday	Wednesday	Thursday	Friday	Hours
						Per Week
One	8 hours	8 hours	8 hours	8 hours	8 hours	40 hrs
Two	8 hours	8 hours	8 hours	8 hours	8 hours	40 hrs
Three	8 hours	8 hours	8 hours	8 hours	8 hours	40 hrs
Four	8 hours	8 hours	8 hours	8 hours	Day Off	32 hrs

 

Total hours worked per 4 week period = 152 hrs, which is an average of 38 hours per week.

 

(c)      19 Day Month Pay System (36.25 hour week)

 

Week	Monday	Tuesday	Wednesday	Thursday	Friday	Hours
						Per Week
One	7.63 hours	7.63 hours	7.63 hours	7.63 hours	7.63 hours	38.15 hrs
Two	7.63 hours	7.63 hours	7.63 hours	7.63 hours	7.63 hours	38.15 hrs
Three	7.63 hours	7.63 hours	7.63 hours	7.63 hours	7.63 hours	38.15 hrs
Four	7.63 hours	7.63 hours	7.63 hours	7.63 hours	Day Off	30.52 hrs

 

Total hours worked per 4 week period = 145 hrs, which is an average of 36.25 hours per week.

 

The City of Sydney Wages / Salary Award 2010

 

Schedule A

 

Transitional Arrangements, Savings and Adjustments

 

1.        Paid Paternity or Partner Leave provisions in accordance with Clause 22.6.b and 22.6 c will apply where the child referred to in Clause 22 is born on or after 10 April 2010. The employee shall, if required, establish by either production of a copy of the birth certificate or certification from a medical practitioner, the date of birth of the child.

 

2.        Paid Maternity Leave provisions in accordance with Clause 22.7.a will apply where the child referred to in Clause 22 is born on or after 10 April 2010. The employee shall, if required, establish by either production of a copy of the birth certificate or certification from a medical practitioner, the date of birth of the child. 

 

3.        Paid Adoption Leave provisions in accordance with Clause 22.8.a will apply where the child referred to in Clause 22 is adopted on or after 10 April 2010. The employee shall, if required, establish by the production of a statement from an adoption agency or another appropriate body, the date of adoption of the child. 

 

4.        The weekly rate of pay referred to in Clauses 22.6, 22.7 and 22.8 will be based on the employee’s substantive hourly salary times the average number of ordinary weekly hours worked over the preceding 12 months.

 

5.        Paid Bereavement Leave in accordance with Clause 23.3 will only apply in relation to the death, of a parent, spouse or child, on or after 10 April 2010.

 

6.        Medical certificate requirements in accordance with Clause 20.2.g, apply with respect to absences on or after 10 April 2010.

 

7.        Long Service Leave, in accordance with Clause 24.1 cannot be taken unless 5 or more year’s service has been completed on or after 10 April 2010 notwithstanding the provisions in clause 24.7 requiring the employee to have completed at three years service with the City of Sydney.

 

 

 

J. P. GRAYSON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.