NSW Port Corporations Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 708 of 2008)
Before Commissioner
Murphy
|
10 September 2008
|
REVIEWED
AWARD
PART A
1. Award Title
This Award shall be known as the New South Wales Port
Corporations Award 2008.
2. Arrangement
Clause No. Subject Matter
PART A
1. Title
2. Arrangement
3. Definitions
4. Date the award starts
5. Who is bound by the Award?
6. Where and who the Award covers
7. Relationship with other awards
8. Procedure to avoid industrial
disputation
9. Anti-discrimination
10. Types of employment
10A. Secure
Employment
11. Redundancy
12. Termination of employment
13. Classifications and wage rates
14. Allowances
15. Superannuation
16. Hours of work
17. Overtime
18. Annual Leave
19. Personal Leave
20. Parental Leave
21. Jury service
22. Public Holidays
23. Long Service Leave
24. Savings Clause
25. Enterprise Flexibility Arrangements
26. Area, Incidence and Duration
PART B
Wage Rates
3. Definitions
"Additional Hours" shall mean any hours worked by
an Employee in addition to the Employee's ordinary hours, within the spread of hours
agreed by the parties pursuant to clause 16.6.1.
"Commission" means - the Industrial Relations
Commission of New South Wales.
"Day Worker" shall mean - any Employee who is not
engaged in shift work.
"Disability allowance" shall include all allowances
including, but not limited to, annual leave loading, travel allowances,
overtime and any other rates and allowances contained in this award except
shift allowances.
"Employee" includes all Employees of the Sydney
Ports Corporation, Port Kembla Port Corporation and Newcastle Port Corporation
with the exception of Marine pilots, the Chief Executive Officers and Employees
occupying positions above the classifications contained in clause 13 of this
award.
"Employer" shall mean - the Sydney Ports Corporation,
the Port Kembla Port Corporation and the Newcastle Port Corporation.
A Maritime Officer shall mean - an Employee as defined.
"Professional Engineer" shall mean - a person
qualified to carry out professional engineering duties, that is, duties carried
out by a person in any particular employment, the adequate discharge of any
portion of which duties requires qualifications of the employee as (or at least
equal to those of) a graduate member of the Institution of Engineers,
Australia.
"Shift worker" shall mean - an Employee who is
engaged in port service work, is a competent and experienced worker and is
rostered on shiftwork.
"Shift Work" falls into two categories, which are
defined as follows:
"Continuous Shift Work" shall mean - continuous port
services work carried out according to a continuous shift process with
consecutive shifts of employees over a twenty-four hour period.
"Non Continuous Shift Work" shall mean - port
services work carried out on a rostered basis by Employees on other than
continuous shiftwork.
"Supervisor or Shift Co-ordinator (Newcastle
only)" shall mean - an Employee who is engaged as a competent and
experienced shift Supervisor of port services workers and, who is rostered on
continuous shiftwork.
4. Date Award Starts
The award takes effect from 10 September 2008.
5. Who is Bound By
the Award?
This award is binding upon the following parties:
Sydney Ports Corporation
Port Kembla Port Corporation
Newcastle Port Corporation
The Employees of the Port Corporations
Australian Maritime Officers Union, of New South Wales
Seamen’s Union of Australia New South Wales Branch
Association of Professional Engineers, Scientists and
Managers Australia, (NSW Branch) Australian Services Union of New South Wales
6. Where and Who the
Award Covers
6.1 Where does the
award apply?
This award applies at the ports of:
Sydney
Botany Bay
Port Kembla; and
Newcastle.
6.2 Who Does the
Award Apply to?
This award relates to the industry of persons employed by
Sydney Ports Corporation, Port Kembla Port Corporation and Newcastle Port
Corporation ("the Employer") other than those positions excluded
under the definition of "Employee".
7. Relationship With
Other Awards
This Award supersedes the following industrial instruments:
MARITIME SERVICES BOARD (General Construction and
Maintenance) Award
MARITIME SERVICES BOARD (Apprenticeship) Award
MARITIME SERVICES BOARD (Cargo Handling Operations)
Award
MARITIME SERVICES BOARD (Cargo Handling & C
Newcastle) Award 1975
MARITIME SERVICES BOARD (Dredges & c.) Award
MARITIME SERVICES BOARD (General Division) Award
MARITIME SERVICES BOARD (Gangers) Award
MARITIME SERVICES BOARD (Metal and Electrical Trades
& C.) Award
MARITIME SERVICES BOARD Clerical Officers Industrial
Agreement
MARITIME SERVICES BOARD (Plant Operators on
Construction) Award MARITIME
SERVICES BOARD (Patrolmen and Communications
Attendants) Award MARITIME
SERVICES BOARD (Pilot Vessels) Award
MARITIME SERVICES BOARD (Storemen & Packers Bond
& Free Stores) Award
MARITIME SERVICES BOARD Demarcation Award, Balmain No 2
Depot 1983
MARITIME SERVICES BOARD (Building Construction Trades)
Award
MARITIME SERVICES BOARD (Surveyors Field Hands) Award
MARITIME SERVICES BOARD (Transport Industry) Award
MARITIME SERVICES BOARD (Transport Industry and
Sanitary and Garbage) Award
MARITIME SERVICES BOARD (Foremen Stevedores) Award
MARITIME SERVICES BOARD (Clerical Administrative and Ancillary
Support Staff) Award
MARITIME SERVICES BOARD (Legal Officers) Award
MARITIME SERVICES BOARD (Surveyors and Articled Survey
Pupils) Award
MARITIME SERVICES BOARD (Architects) Award
MARITIME SERVICES BOARD (Scientific Officers and
Chemists) Award
MARITIME SERVICES BOARD (Technical Officers - Ports)
Award
MARITIME SERVICES BOARD (Technical Officers) Award
MARITIME SERVICES BOARD (Drafting Officer and
Technicians) Award
MARITIME SERVICES BOARD (Marine Engineers, Engineers,
Ship Surveyors, Shipwright Surveyors & c.) Award
MARITIME SERVICES BOARD (Boating Service Officers)
Award
MARITIME SERVICES BOARD (State Boating Service, Port
Operations) Award
MARITIME SERVICES BOARD (Marine and Port Services)
Award
MARITIME SERVICES BOARD (Hours) Award
MARITIME SERVICES BOARD (Senior Administrative and
Business Management Officers) Award
MARITIME SERVICES BOARD Building Construction Trades
Labourers On Site (State) Award
8. Procedure to Avoid
Industrial Disputation
8.1 Steps to be followed
in resolving a dispute
Step 1
Employees or their union delegate should contact the
relevant supervisor in the first instance. The supervisor must commence to deal
with the dispute as quickly as possible, usually within 24 hours of being
notified.
Step 2
If the dispute is unresolved, the Employees or their
representative may approach the Unit Manager or equivalent to resolve the
dispute. Where the grievance has industrial or human resource implications, the
Unit Manager shall consult the Human Resources / Employee Relations Unit to
arrange discussions between the relevant parties as soon as practicable.
Step 3
At this point, if the dispute remains unresolved the
Unit Manager shall inform the Chief Executive Officer and the Employees may
refer the matter to the Corporation’s Consultative Committee for resolution.
Step 4
Discussions between the union official and senior
management shall be held.
Step 5
If the matter is unresolved the parties may refer the
dispute to the Commission for conciliation, and if unresolved for arbitration.
8.2 While any
dispute is being resolved, normal work is to continue, except in the case of a
genuine and/ or declared safety issue. The status quo existing before the
emergence of a dispute is to continue whilst the procedure is being followed.
No party shall be prejudiced as to the final settlement by the continuation of
work. Nothing in this procedure shall prevent the unions and the Employers from
taking any action considered conducive to resolving the matters in dispute.
8.3 Leave of absence
to attend proceedings: Where the provisions of 8.1 and 8.2 have been complied
with, and to assist in the resolution of the matter, the union
delegate/employee representative referred to in 8.1, will be granted leave of absence
to attend Industrial Commission proceedings arising from referral of the matter
in 8.1.
8.3.1 A union
delegate/employee representative granted leave of absence under 8.1 will not
suffer any loss of pay.
8.4 Leave of absence
to attend courses: To assist in the resolution of disputes in an agency a union
delegate/employee representative, referred to in 8.1, will be granted leave of
absence to attend an accredited short course. The grant of leave will be
subject to the operating requirements of the agency.
8.4.1 The specific
training course will be agreed between the Employer and the individual
Employee.
8.4.2 A union
delegate/Employee representative granted leave of absence under 8.4 will not
suffer any loss of pay
9.
Anti-Discrimination
9.1 It is the
intention of the respondents to this award to achieve the principal object in
s.3 (f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity,
responsibilities as a carer and age.
9.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operations of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms of operation, has a direct
or indirect discriminatory effect.
9.3 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 or
unlawful discrimination or harassment.
9.4 Nothing in this
clause is to be taken to affect:
9.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation; 9.4.2
offering or providing junior rates of pay to persons under 21 years of age;
9.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
9.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
9.5 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.
10. Types of
Employment
10.1 General
10.1.1 Employees under this
award will be employed in one of the following categories:
(a) Full Time
Employees; or
(b) Part-Time
Employees; or
(c) Casual
Employees; or
(d) Fixed Term
Contract Employees ("Temporary Employees").
10.1.2 At the time of
engagement an Employer will inform each Employee of the terms of their
engagement and in particular whether they are to be Full-Time, Part-Time,
Casual or Temporary Employees.
10.2 Casual Employment
10.2.1 A Casual Employee
is an Employee engaged as such.
10.2.2 A Casual Employee
for working within the ordinary hours of work (pursuant to Clause16) shall be
paid per hour for the work performed plus 20% loading which incorporates the
casual Employees’ entitlements to annual leave, annual leave loading and any
other rates and allowances contained in this award except overtime and shift
allowances.
10.2.3 Casual Employees
must be paid at the termination of each engagement, but may agree to be paid
weekly or fortnightly.
10.2.4 On each occasion a
Casual Employee is required to attend work he or she is entitled to a minimum
payment for two hours work.
10.3 Part-Time
Employees
10.3.1 An Employer may
employ Part-Time Employees in any classification in this award.
10.3.2 A Part-Time
Employee is an Employee who:
(a) works less hours
than a full-time Employee;
(b) has reasonably
predictable hours of work; and
(c) receives, on a
pro-rata basis, equivalent pay and conditions to those of fulltime Employees who do the same kind of
work.
10.3.3 At the time of
engagement the Employer and the part-time Employee will agree in writing, on a
regular pattern of work, specifying at least the hours worked each day, which
days of the week the Employee will work and the actual starting and finishing
times each day.
10.3.4 Any agreed
variation to the regular pattern of work will be recorded in writing.
10.3.5 An Employer is
required to roster a regular part-time Employee for a minimum of two
consecutive hours on any shift.
10.3.6 An Employee who
does not meet the definition of a regular part-time Employee and who is not a
full-time Employee or temporary Employee will be paid as a casual Employee in
accordance with clause 10.2.
10.3.7 All time worked in
excess of the hours as mutually arranged, excluding any Additional Hours, will
be overtime and paid for at the rates prescribed in clause 17 - Overtime, of
this award.
10.3.8 A regular
part-time Employee employed under the provisions of this clause must be paid
for ordinary hours worked on a pro rata basis of the full-time Employee at the
full-time Employee rate.
10.3.9 All Leave accruals
and separation entitlements of part-time Employees shall be calculated and paid
on a pro-rata basis of the full-time Employee at the full-time rate of pay.
10.4. Temporary
Employees
10.4.1 An Employer may
employ an employee on a fixed term contract ("Temporary Employee") in
any classification in this Award.
10.4.2 A Temporary
Employee is an Employee who:
(a) works for a
specified fixed term; or
(b) works for a
specific project; and
(c) such a term has been
agreed in writing before the Employee commences work.
10.5 Apprentices and
Trainees
Awards and/or regulations to apply
10.5.1 Any awards and/or
regulations made by any State Apprenticeship Board or Industrial board or
industrial tribunal applies to any section of the trade to which such awards
and/or regulations are expressed to apply, despite anything contained in this
award.
10.5.2 Apprentices and
Trainees will be paid the appropriate percentage of the salary rate for
Maritime Officer Level 1 as set out in the Wage Rates (Appendix A), except
where a wage is part of a national training wage award or equivalent set of pay
and conditions for trainees engaged under an Apprenticeship Training Scheme or
similar scheme.
10.5.3 The percentages of
Maritime Officers levels MO1 and MO2 for the various apprenticeship levels
covering all trades is detailed below:
1st year 66% 2nd year 80% 3rd Year 92% 4th year 105%
10.5.4 The percentages of
Maritime Officers level MO1 for the various traineeship levels is detailed
below:
Age 16 50% Age 17 55% Age 18 60% Age 19 64% Age 20 69%
10.5.5 An additional
amount to cover the annualisation of working conditions, where applicable, will
be determined by the Employer.
10A. Secure
Employment
10A.1 Objective of this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
10A.2. Casual Conversion
10A.2.1 A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
10A.2.2. Every
employer of such a casual employee shall give the employee notice in writing of
the provisions of this sub-clause within four weeks of the employee having
attained such period of six months. However, the employee retains his or her
right of election under this subclause if the employer fails to comply with
this notice requirement.
10A.2.3. Any
casual employee who has a right to elect under paragraph 10A.2.1, upon
receiving notice under paragraph 10A.2.2 or after the expiry of the time for
giving such notice, may give four weeks’ notice in writing to the employer that
he or she seeks to elect to convert his or her ongoing contract of employment
to full-time or part-time employment, and within four weeks of receiving such
notice from the employee, the employer shall consent to or refuse the election,
but shall not unreasonably so refuse. Where an employer refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
employee concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
10A.2.4. Any
casual employee who does not, within four weeks of receiving written notice
from the employer, elect to convert his or her ongoing contract of employment
to full-time employment or part-time employment will be deemed to have elected
against any such conversion.
10A.2.5. Once a
casual employee has elected to become and been converted to a full-time
employee or a part-time employee, the employee may only revert to casual
employment by written agreement with the employer.
10A.2.6. If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph 10A.2.3, the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph 10A.2.3, discuss and agree upon:
(a) whether the
employee will convert to full-time or part-time employment; and
(b) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award orpursuant to a part time work agreement
made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
10A.2.7. Following
an agreement being reached pursuant to paragraph 10A.2.6, the employee shall
convert to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
10A.2.8. An
employee must not be engaged and re-engaged, dismissed or replaced in order to
avoid any obligation under this subclause.
10A.3. Occupational Health
and Safety
10A.3.1. For the
purposes of this subclause, the following definitions shall apply:
(a) A "labour hire business"
is a business (whether an organisation, business enterprise, company,
partnership, co-operative, sole trader, family trust or unit trust, corporation
and/or person) which has as its business function, or one of its business
functions, to supply staff employed or engaged by it to another employer for
the purpose of such staff performing work or services for that other employer.
(b) A "contract business" is
a business (whether an organisation, business enterprise, company, partnership,
co-operative, sole trader, family trust or unit trust, corporation and/or
person) which is contracted by another employer to provide a specified service
or services or to produce a specific outcome or result for that other employer
which might otherwise have been carried out by that other employer’s own
employees.
10A.3.2. Any
employer which engages a labour hire business and/or a contract business to
perform work wholly or partially on the employer’s premises shall do the
following (either directly, or through the agency of the labour hire or
contract business):
(a) consult with employees of the
labour hire business and/or contract business regarding the workplace
occupational health and safety consultative arrangements;
(b) provide employees of the labour
hire business and/or contract business with appropriate occupational health and
safety induction training including the appropriate training required for such
employees to perform their jobs safely;
(c) provide employees of the labour
hire business and/or contract business with appropriate personal protective
equipment and/or clothing and all safe work method statements that they would
otherwise supply to their own employees; and
(d) ensure employees of the labour hire
business and/or contract business are made aware of any risks identified in the
workplace and the procedures to control those risks.
10A.3.3. Nothing
in this subclause 10A.3 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and Workers
Compensation Act 1998.
10A.4. Disputes Regarding
the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
10A.5. This clause has no
application in respect of organisations which are properly registered as Group
Training Organisations under the Apprenticeship and Traineeship Act 2001 (or
equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
11. Redundancy
11.1 Definition
Redundancy occurs when an Employer decides that the
Employer no longer wishes the job the Employee has been doing to be done by anyone
and this is not due to the ordinary and customary turnover of labour.
Redundancy is subject to the normal consultative processes outlined in the
dispute settling procedures of this award.
11.2 Transfer of lower
paid
Where an Employee is transferred to lower paid duties
by reason of redundancy the same period of notice must be given as the Employee
would have been entitled to if the employment had been terminated and the
Employer may at the Employer’s option, make payment in lieu thereof of an amount
equal to the difference between the former ordinary rate of pay and the new
ordinary time rate for the number of weeks of notice still following.
11.3 Severance pay
11.3.1 In addition to the
period of notice prescribed for ordinary termination in clause 12.1.1 an
Employee whose employment is terminated by reason of redundancy must be paid,
subject to further order of the Commission, the following amount of severance
pay in respect of a continuous period of service:
Period of
continuous service
|
Under 45 years of
age
|
Over 45 years of
age
|
Less than 1 year
|
Nil
|
Nil
|
1 year and more but less than2 years
|
4 weeks’ pay
|
5 weeks’ pay
|
2 years and more but less than 3 years
|
7 weeks’ pay
|
8.75 weeks’ pay
|
3 years and more but less than 4 years
|
10 weeks’ pay
|
12.5 weeks’ pay
|
4 years and more but less than 5 years
|
12 weeks’ pay
|
15 weeks’ pay
|
5 years and more but less than 6 years
|
14 weeks’ pay
|
17.5 weeks’ pay
|
6 years and more
|
16 weeks pay
|
20 weeks’ pay
|
11.3.2 Week’s pay means
the ordinary time rate of pay for the Employees concerned.
11.3.3 Provided that the
severance payments shall not exceed 26 weeks.
11.4 Employee leaving
during notice period
An Employee whose employment is terminated by reason of
redundancy may terminate his/her employment during the period of notice and, if
so, will be entitled to the same benefits and payments under this clause had
they remained with the Employer until the expiry of such notice. However, in
this circumstance the Employee will not be entitled to payment in lieu of
notice.
11.5 Alternative
employment
An Employer, in a particular redundancy case, may avoid
making any severance payment if the Employer obtains suitable alternative
employment for an Employee. In particular, here as a result of restructuring a
position is created which did not have an equivalent in the old structure, or
it is so different that it is clearly a new position, and Employer may choose to
maintain that Employee’s salary for a period of 12 months. After that time, the
salary will be set at the level of the position.
11.6 Time off during
notice period
11.6.1 During the period
of notice of termination given by the Employer the employee shall be allowed up
to one day’s time off without loss of pay during each week of notice for the
purpose of seeking other employment.
11.6.2 If the Employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the Employee shall, at the request of
the Employer, be required to produce proof of attendance at an interview or he
or she shall not receive payment of the time absent. For this purpose a
statutory declaration will be sufficient.
11.7 Employees
exempted
11.7.1 This clause shall
not apply where employment is terminated as a consequence of conduct that
justifies instant dismissal including inefficiency during a probationary
period, neglect of duty or misconduct. This clause shall not apply to casual
Employees, apprentices, trainees or Employees engaged for a specific period of
time or for a specific task or tasks.
11.7.2 Notwithstanding
the foregoing provisions apprentices and trainees who are engaged for a
specific period of time shall, once the apprenticeship or traineeship is
completed and provided that the apprentices’ or trainees’ services are
retained, have all service including the training period counted in determining
entitlements. In the event that an apprentice or trainee is terminated at the
end of his or her apprenticeship or traineeship and is reengaged by the same
Employer within six months of such termination the period of apprenticeship or
traineeship shall be counted as service in determining any future redundancy
entitlements.
12. Termination of
Employment
12.1 Notice of
Termination by Employer
12.1.1 In order to
terminate the employment of a Full-Time or Part-Time Employee the Employer
shall be required to give the period of notice specified in the table below:
Period of
continuous service
|
Period of Notice
|
1 year or less
|
1 week's pay
|
Over 1 year and up to the completion of 3 years
|
2 week's pay
|
Over 3 years and up to the completion of 5 years
|
3 week's pay
|
Over 5 years of completed service
|
4 week's pay
|
12.1.2 In addition to
this notice, Employees over 45 years of age at the time of givingnotice with
not less than two years continuous service, are entitled to an additional
week’s notice.
12.1.3 Payment in lieu of
the notice will be made if the appropriate notice period is not required to be
worked. Employment may be terminated by the Employee working part of the
required period of notice and by the Employer making payment for the remainder
of the period of notice.
12.1.4 In calculating any
payment in lieu of notice, the wages an Employee would have received in respect
of the ordinary time they would have worked during the period of notice had
their employment not been terminated will be used.
12.1.5 The period of notice
in this clause, shall not apply in the case of dismissal for conduct that
justifies instant dismissal including inefficiency during the probationary
period neglect of duty or misconduct. The period of notice in this clause shall
not apply to casual Employees, apprentices, trainees or Employees engaged for a
specific period of time or for a specific task or tasks.
12.1.6 Notwithstanding
the foregoing provisions apprentices or trainees who are engaged for a specific
period of time shall once the apprenticeship or traineeship is completed and
provided that the apprentices’ or trainees’ services are retained have all
service including the training period counted in determining entitlements. In
the event that an apprentice or trainee is terminated at the end of his or her
apprenticeship or traineeship and is reengaged by the same Employer within six
months of such termination the period of apprenticeship or traineeship shall be
counted as service in determining any future termination entitlements.
12.2 Notice of
Termination by an Employee
12.2.1 The notice of
termination required to be given by an Employee is the same as that required of
an Employer, save and except that there is no requirement on the Employee to give
additional notice based on the age of the Employee concerned.
12.2.2 If an Employee
fails to give notice the Employer has the right to withhold monies due to the
Employee to a maximum amount equal to the ordinary time rate of pay for the
period of notice.
12.3 Time Off During
Notice Period
Where an Employer has given notice of termination to an
Employee, an Employee shall be allowed up to one day’s time off without loss of
pay for the purpose of seeking other employment. The time off shall be taken at
times that are convenient to the Employee after consultation with the Employer.
13. Classifications
and Wage Rates
13.1 Wage Rates
An adult Employee of a classification specified in the
table attached (other than an apprentice or trainee) shall be paid not less
than the rate per week assigned to the classification in which such Employee is
working.
The attached rates of pay are minimum interim rates.
The rights of the parties are reserved to apply for adjustments to the above
rates consistent with the relevant statement of principles.
13.2 Arbitrated Safety
Net Adjustment
The rates of pay contained in Part B of this award
include the adjustments payable under the State Wage Cases of 2001, 2002, 2003
and 2004. These adjustments may be offset against:
13.2.1 any equivalent
over award payments; and/or
13.2.2 award wage
increases since 29 May 1991 other than the safety net, State Wage Case, and
minimum rates adjustments.
13.3 Disability and
Travel Allowance
This allowance incorporates all former disabilities
paid including, working conditions, foregone crib, laundry, meals, telephone
& delivery voyage allowances or fares & travel pattern allowances.
13.4 Shift Loading and
Penalty Allowance
The all-inclusive shift loading, is expressed as a separate
annual payment and shall be paid to eligible Employees as contained in Part B
of this award. This allowance incorporates all considerations including
physical working conditions; shift working arrangements weekend & public
holiday work and the 24-hour/ 365 day operations of the Employers.
13.5 Merit
Merit selection and the existence of a suitable vacancy
will be the basis for promotion between levels.
13.6 Rate For
Superannuation And Payment Of Entitlements
Employees will be paid superannuation in accordance
with the applicable legislation. The applicable rate, together with shift
allowances, where appropriate, will form the salary for payment of
entitlements, including termination.
13.7 Option for
Annualised Salaries
The parties agree to review the levels of overtime and
additional hours payments and to annualise the salary for individual Employees
or work groups on a cost neutral basis.
13.8 Option for Salary
Sacrifice
By formal agreement between the Employer and the
Employee concerned, the Employee may salary sacrifice to superannuation.
13.9 Options for
Salary Packaging
Subject to meeting the requirements of the Employer and
Australian Tax Office Rulings, Salary Packaging Options can be arranged at the
written request of, and liability for FBT taxation, by the Employee.
13.10 Deductions
The Employee may nominate deductions consistent with
the particular Employers’ policy.
14. Allowances
14.1 Meal Allowances
14.1.1 An Employee required
to work overtime for more than two hours without being notified on the previous
day or earlier that he or she will be so required to work shall either be
supplied with a meal by the Employer or receive reasonable expenses in
compensation for not being provided with a meal at the discretion of the
Employer.
14.2 The First Aid
Allowances
14.2.1 The First Aid
Allowance is payable to appointed First Aid Officers responsible for first aid
kits or facilities and for rendering first aid. This allowance is not payable
where it is a specific designated job requirement and noted in a position
description. Eligible Employees shall receive a weekly allowance in accordance
with Part B of this award.
14.3 Clothing,
Equipment and Tools
14.3.1 Where the Employer
requires an Employee to wear any special clothing, the Employer will provide
the Employee with such special clothing and such clothing will be worn by the
Employee.
14.3.2 Where it is necessary
that an Employee wear waterproof or other protective clothing the Employer will
provide the Employee with such clothing. Where protective clothing is supplied
without cost to the Employee, it will remain the property of the Employer. In
the event of dispute, the necessity for the provision of protective clothing
may be determined by the Employer’s Occupational Health and Safety Committee.
14.3.3 An Employer may
require an Employee on commencing employment to sign a receipt for item/s of
uniform and property. This receipt must list the item/s of uniform and property
and the value of them. If, when an Employee ceases employment, the Employee
does not return the item/s of uniform and property (or any of them) in
accordance with the receipt, the Employer will be entitled to deduct the pro
rata value from the Employee’s wages.
14.3.4 In the case of
genuine wear and tear, damage, loss or theft that is not the Employee’s fault
the provisions of clause 14.3.3 will not apply.
14.3.5 Any disagreement
concerning the value of item/s of uniform and property and any other aspect of
this clause may be determined by the Employer’s Occupational Health and Safety
Committee.
14.3.6 Where the Employer
requires an Employee to provide and use any tools or equipment the Employer
will provide the Employee with such equipment.
14.4 Travelling
Allowance
14.4.1 Working Late
When an Employer requires an Employee to work until it
is too late to travel by his or her normal method of transport home the Employer
must pay the cost of transport for the Employee to get home free of charge.
This clause does not apply where the Employer provides alternative travel
arrangements and/or accommodation for the Employee for the night free of charge
or where travel allowances are included and paid as part of an Employee’s
annualised salary.
14.4.2 Working Early
When an Employer requires an Employee to start work
before his or her normal starting time and before his or her normal method of
transport to work is available the Employer must pay for the cost of transport
for the Employee to get to work. This clause does not apply where the Employer
provides transport for the Employee to get to work or where travel allowances
are included and paid as part of an Employee’s annualised salary.
14.4.3 Travel,
accommodation & expenses connected with travel to other Ports or sites for
emergency response activity, shall be subject to the travel provisions policy
of each Employer.
15. Superannuation
15.1 Unless otherwise
agreed only the following Superannuation Schemes shall be recognised and
utilised for Employer contributions and shall, subject to individual fund
eligibility rules, be available to the Employees.
15.1.1 First State Super
(FSS) - NSW
15.1.2 State Authorities
Superannuation Scheme (SASS) - NSW
15.1.3 State
Superannuation Scheme (SSS) - NSW
16. Hours of Work -
All Employees
16.1 Hours of work
within this Award will be arranged to take into consideration the specific
needs of the Employer and where possible the work preferences of Employees.
Different patterns of hours may apply to various groups or sections to meet
customer service or specific section/unit requirements.
16.2 Starting and
finishing times should be mutually agreed between management of the Employer
and Employees; however, if agreement cannot be reached the needs of the
organisation must prevail and the Employer will determine starting and ceasing
times. Employee coverage to meet the needs of the Employer will be determined
through a process of mutual co-operation at Unit/Section level and will where
possible take into account the specific needs of Employees.
16.3 Once starting and
ceasing times have been established, reasonable notice will be given (normally
5 calendar days) if changes are required. The parties may agree to vary the
starting and ceasing times with shorter notice. Employees can be required to
report to a fixed place of work, or to the job.
16.4 The working of
additional hours within the spread of hours will be by reasonable notice from
management of the Employee. The working of additional hours outside the spread
of hours will be by reasonable notice and approval of management of the
Employee.
16.5 Hours of Work -
Day Workers
16.5.1 This clause applies
to all Employees of the Employer, except those employed as Shift Workers.
16.5.2 The ordinary hours
of work of Day Workers shall be a maximum of 2072 per annum, worked as a
minimum of 35 hours per week average over a cycle of 4, 8 or 12 weeks, to be
determined by each Employer.
Up to 252 ordinary hours may be worked in the terms of
the sub-clause 16.6 (Additional Hours) of this Award.
16.5.3 Any ordinary hours
will be worked on any one-day (Monday to Friday) between the hours of 6:00am
and 7:00pm (known as "Bandwidth").
16.5.4 At the instigation
of a Day Worker, notwithstanding any other provision of this clause, the Day
Worker(s) and the supervisor/manager may at any time agree to other
arrangements provided they meet the needs of the Corporation and the minimum
hours are worked within the cycle.
16.5.5 Ordinary hours
will exclude meal breaks which will be a minimum of 30 minutes and a maximum of
two hours taken having regard to service levels and operational requirements.
Time taken for a meal break will not count as hours worked.
16.5.6 One refreshment
break is to be taken on the job at a convenient time, having regard to service
levels and operational requirements. Time taken for such break will count as
hours worked.
16.6 Additional Hours
& Overtime - Day Workers
16.6.1 At the end of each
cycle, hours worked in addition to the Minimum Hours will be taken, at a
mutually convenient time, as time off in lieu. Additional hours accrued at the
end of each cycle may be carried over to the next cycle by mutual arrangement.
Where operational requirements do not allow for time off in lieu, the Unit
Manager may approve payment at ordinary time rates.
16.6.2 For approved hours
worked in addition to the minimum hours and not taken in time in lieu:
(i) Payment at
ordinary time for:
Up to 21 hours in a 4 week cycle Up to 42 hours in an 8
week cycle Up to 63 hours in a 12 week cycle
(ii) Payment at
ordinary time and one half (T1.5) for hours:
Exceeding 21 and no more than 28 in a 4 week cycle Exceeding
42 hours and no more than 56 in an 8 week cycle Exceeding 63 and no more than
84 in a 12 week cycle.
(iii) Payment at
double time (T2.0) for hours:
Exceeding 28 hours in a 4 week cycle Exceeding 56 hours
in an 8 week cycle Exceeding 84 hours in a 12 week cycle
16.7 Hours of Work -
Shift Workers
This clause applies to Shift Workers (as defined).
16.7.1 Ordinary Hours -
Shift Workers
The ordinary hours of work of Shift Workers shall be no
more than 2120 per annum worked as a minimum of 38 hours per week averaged over
a 52 - week period. Up to 144 ordinary hours may be worked in the terms of
clause 16.9 of this Award.
16.7.2 Shift Workers will
work as a Team being allocated to duties by the supervisor according to
rosters. Shift Workers shall not be rostered to work more than six shifts in
any week, or four shifts in any week if working on a 12 - hour shift roster,
except by agreement.
16.7.3 Shift Workers will
perform additional periods of duty to their rostered hours as required by the
supervisor, for instance, to complete a fully complemented shift, or to
complete tasks already commenced.
16.7.4 For twelve hour
Shift Workers, a paid break of 30 minutes shall be allowed between the fourth
and fifth and eighth and ninth hour after the commencement of work and between
each fourth and fifth hour thereafter. For other Shift Workers one paid break
of 45 minutes duration shall be granted.
16.8 Newcastle Port
Corporation
Ordinary hours of employment shall be no more than 40
hours per week averaged over a fifty two week period. In addition, by agreement
between Newcastle Port Corporation and the Unions, additional ordinary hours
will be worked to provide continuity of operations and short term relief. All
hours (including published roster hours) in excess of 38 hours per week are
additional hours & shall be recognised in the working conditions component
of the shift workers salary as expressed in the site Enterprise Agreement.
16.9 Additional Hours
& Overtime - Shift Workers
16.9.1 Additional hours shall
be performed by Shift Workers as required to fulfil the Employers operational
requirements including, but not limited to, Port Safety Operating Licence
requirements.
16.9.2 Necessary overtime
or Additional Hours, required to be worked to fulfil shift rosters to meet work
demands has been fully compensated in the Employee’s annualised salary and no
separate or additional payment shall be made.
16.9.3 A Shift Worker who
works so many additional hours between the termination of work on one day and
the commencement of work on the next day that the Shift Worker has not had at
least 10 consecutive hours off duty between those times, shall be released
after completion of such additional hours until that Employee has had 10
consecutive hours off duty without loss of pay for scheduled working time
occurring during such absence.
16.9.4 The provision of
clause 16.9.3 shall apply in the case of Shift Workers as if 8 hours were
substituted for 10 hours when additional hours were worked:
(i) for the purpose
of changing shift rosters; or
(ii) where a Shift
Worker does not report for duty and another Shift Worker is required to replace
such Employee; or
(iii) where a shift
is worked by arrangement between the Shift Workers themselves.
16.10 Continuation
Shift Work
16.10.1 At the
time of making this Award all Continuous Shift Work is on the basis of 12 hour
shifts and except by agreement Shift Workers shall not be rostered to work more
than 4 shifts in any seven day period, unless by mutual agreement.
16.10.2 Continuous
Shift Workers shall perform additional periods of duty to meet operational
requirements e.g. to complete tasks already commenced, respond to Emergency
Conditions, for the purpose of handing over shifts, or to make up the
complement of the next/previous shift.
No extra payment over and above the Total Salary shall
be paid to Shift Workers for any additional hours worked in accordance with
this sub-clause.
16.10.3 Shift
rosters may be varied to cover short-term absences of other Teams or team
members etc.
17. Overtime
17.1 Reasonable
overtime
An Employer may require an Employee, other than a
casual Employee, to work reasonable overtime at overtime rates.
17.2 When is an Employee
paid at overtime rates?
A full-time Employee or Temporary Employee, with the
exception of Shift workers and Day workers, are paid at overtime rates for any
work done outside the ordinary hours and excluding any Additional Hours, set
out in clause 16 - Hours of Work.
17.3 Meal break for
overtime - Day workers
17.3.1 Overtime or
additional hours will not accrue during meal breaks on overtime.
17.3.2 A meal break for
overtime will be applied as follows:
(i) Before Band
with - for Day Workers who work overtime of 4 hours or more an unpaid meal
break of a minimum of 30 minutes must be taken, prior to commencing ordinary
hours.
(ii) After Band
with - for Day Workers who work overtime beyond 7pm, and unpaid meal break of a
minimum of 30 minutes must be taken prior to commencing overtime.
(iii) A Day Worker
required to work an additional period of overtime of 4 hours or more will be
required to take a further unpaid meal break of 30 minutes for each additional
4-hour period.
(iv) Saturday,
Sunday or Public Holiday - for Day Workers who work overtime of 4 or more
hours, an unpaid meal break of a minimum of 30 minutes must be taken. Day
Workers required to work additional overtime will be required to take a further
unpaid meal break on completion of 4 or more hours.
17.4 Overtime - Day
Workers
The following overtime provisions will apply to all Day
Workers.
17.4.1 Day Workers
recalled to work overtime will be entitled to a minimum of 4 hours payment for
such work; except when such Employee is called in to work immediately before or
after the Day Worker’s roster. On these occasions such Employee will be paid
for actual hours worked.
17.4.2 For overtime
worked Monday to Saturday at the rate of time and one half (T1.5) for the first
two hours and double time (T2) thereafter.
17.4.3 For overtime
worked on a Sunday, at the rate of double time (T2).
17.4.4 For overtime
worked on a Public Holiday, at the rate of double time and one half (T2.5), in
addition to the normal remuneration for that day.
17.4.5 Employees required
to work more than one hour’s overtime either before or after Bandwidth hours
Monday to Friday, or for 4 hours or more on a Saturday, Sunday or Public
Holiday will be provided with a meal or allowance.
17.5 Does an Employee
get a break after working overtime?
If starting work at the Employee’s next rostered
starting time would mean that the Employee did not receive a full ten hour
break then either: the Employee may - without loss of pay - start work at such
a later time as is necessary to ensure that he or she receives a break of at
least ten hours; or the Employer must pay the Employee overtime rates for all
work performed until the Employee has received a break of at least ten hours.
17.6 Time off instead
of payment of overtime
17.6.1 Despite clause
17.2 an Employee may choose, with the consent of the Employer, to take time off
instead of payment for overtime at a time or times agreed with the Employer.
This agreement must be in writing. The Employee must take the time off within 8
weeks of working the overtime unless by mutual agreement.
17.6.2 If requested by an
Employee, an Employer must, by the pay period after receiving a request, pay
the Employee for any overtime worked. The Employee must be paid at overtime
rates.
18. Annual Leave
18.1 How long is
annual leave?
An Employee is entitled to annual leave in accordance
with the Annual Holiday Act 1944.
18.2 When to take
annual leave?
An Employee may take annual leave at a time agreed with
the Employer within twelve months of accrual, unless alternative arrangements
are agreed.
18.3 How much notice?
The Employer and Employee shall seek to reach agreement
on the taking of annual leave at a mutually convenient time. In the absence of
agreement the Employer may give at least fourteen days notice of the
commencement of leave or part of leave which is due to the Employee.
18.4 Payment instead
of leave?
An Employee must take annual leave. However, if the
Employee leaves or is dismissed, the Employer must pay the Employee any leave entitlement
including a proportionate amount for each full month worked since the Employee
began working or last qualified for leave.
18.5 Public holidays
falling within annual leave
18.5.1 If a public
holiday falls within an Employee’s annual leave, is prescribed in the award,
and is on a day which would have been an ordinary working day, then:
extra time equivalent to the public holiday is added to
the Employees annual leave; or
the Employee can choose to be paid for the public
holiday instead of having the extra time.
18.5.2 The Employee shall
not receive any pay for the public holiday unless:
the Employee starts work at the next rostered starting
time on the first working day after his or her annual leave ends; or
the Employee has a reasonable cause for starting late.
19. Personal Leave
19.1 Amount of paid
personal leave
19.1.1 Paid personal
leave is available to an Employee when he or she is absent due to:
(a) personal illness
or injury (sick leave); or
(b) for the purposes
of caring for an immediate family or household member that is sick and requires
the Employee's care and support (carer's leave); or
(c) because of
bereavement on the date of an immediate family or household member (bereavement
leave).
19.1.2 The minimum amount
of personal leave to which an Employee is entitled is a minimum of thirty-five
(35) hours on full pay for each year of service.
19.2 Immediate family
or household
19.2.1 The entitlement to
carer's or bereavement leave is subject of the person in respect of whom the
leave is taken being either:
(a) a member of the
Employee's immediate family; or
(b) a member of the
Employee's household.
19.2.2 The term immediate
family includes:
(a) spouse
(including a former spouse, de facto spouse and a former de facto spouse) of
the Employee. A de facto spouse means a person of the opposite sex to the
Employee who lives with the Employee as his or her husband or wife on a bona
fide domestic basis; and
(b) child or an
adult child (including an adopted child, a step child or an ex-nuptial child),
parent, grandparent, grandchild or sibling of the Employee or spouse of the
Employee.
19.3 Sick leave
19.3.1 Definition
Sick leave is leave which an Employee other than a
casual is entitled without loss of pay because of his or her personal illness
or injury to a minimum of thirty-five (35) hours and to a maximum of forty (40)
hours per year of service cumulative on a three year to date basis.
19.3.2 Employee must give
notice
(a) Subject to
19.3.2(c), before taking sick leave, an Employee must give at least two hours'
notice before his or her next rostered starting time.
(b) The notice must
include:
the nature of the injury or illness (if known); and
how long the Employee expects to be away from work.
(c) If it is not practicable
for the Employee to give prior notice of absence, the Employee must notify the
Employer by telephone at the first opportunity.
19.3.3 Evidence
supporting claim
The Employee must, if required by the Employer,
establish by production of evidence satisfactory to the Employer that the
Employee was unable to work because of injury or personal illness.
19.3.4 The effect of
workers' compensation
If an Employee is receiving workers' compensation
payments, he or she is not entitled to sick leave.
19.4 Bereavement leave
19.4.1 Paid leave
entitlement
An Employee other than a casual Employee is entitled to
use a minimum of fourteen (14) hours to a maximum of sixteen (16) hours
personal leave or bereavement leave on any occasion on which a member of the
Employee's immediate family or household dies.
19.4.2 Unpaid leave
entitlement
Where an Employee has exhausted all personal leave
entitlements, including accumulated entitlements, he or she is entitled to use
a minimum of fourteen (14) hours to a maximum of sixteen (16) hours unpaid
bereavement leave.
19.4.3 Evidence
supporting claim
The Employer may require the Employee to provide
satisfactory evidence of the death of the member of the Employee's immediate
family or household.
19.4.4 Bereavement entitlements
for casual Employees
(a) Subject to the
evidentiary requirement in 19.4.3, a casual Employee is entitled to not be
available to attend work, or to leave work upon the death in Australia of a
person prescribed in sub-clause 19.2.2 of Clause (19) Personal Leave;
(b) The Employer 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; and
(c) The Employer
must not fail to re-engage a casual Employee because the Employee accessed the
entitlements provided for in this clause. The rights of the Employer to engage
or not engage a casual Employee are otherwise not affected.
19.5 Carer's leave
19.5.1 Use of Sick Leave
(a) An Employee
other than a casual Employee, with responsibilities in relation to a class of
person set out in (c)(2) who needs the Employee's care and support, shall
be entitled to use, in accordance with this sub-clause,
any current or accrued sick leave entitlement, provided for at Clause 19.3 of
the award, for absences to provide care and support, for such persons where
they are ill. Such leave may be taken for part of a single day.
(b) The Employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer's leave under this subclause where another person
has taken leave to care for the same person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(1) the Employee
being responsible for the care of the person concerned; and
(2) the person
concerned being:
(i) a spouse of the
Employee; or
(ii) 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
(iii) a child or an
adult (including an adopted child, a stepchild, 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
(iv) a same sex
partner who lives with the Employee as the de facto partner of that Employee on
a bona fide domestic basis; or
(v) a relative of
the Employee who is a member of the same household where, for the purposes of
this paragraph:
(a) "relative"
means - a person related by blood, marriage or affinity;
(b) "affinity"
means - a relationship that one spouse because of marriage has to blood
relatives of the other; and
(c) "household"
means - a family group living in the same domestic dwelling.
(d) An Employee
shall, wherever practicable, give the Employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the Employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the Employee to
give prior notice of absence, the Employee, the Employee shall notify the
Employer by telephone of such absence at the first opportunity on the day of
absence.
19.5.2 Unpaid Leave for
Family Purpose
An employee may elect, with the consent of the
Employer, to take unpaid leave for the purpose of providing care and support to
a class of person set out in (c)(2) above who is ill.
19.5.3 Personal Carers
Entitlement for casual Employees
(a) Subject to the evidentiary and
notice requirements in 19.5.1(d), a casual Employee is entitled to not be
available to attend work, or to leave work if they need to care for a person
prescribed in sub-clause 19.5.1(c) who are sick and require care and support,
or who require care due to an unexpected emergency, or the birth of a child.
(b) The Employer and the casual
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 casual
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 Employer
must not fail to re-engage a casual Employee because the Employee accessed the
entitlements provided for in this clause. The rights of the Employer to engage
or not to engage a casual Employee are otherwise not affected.
20. Parental Leave
20.1 See the provisions
of the Industrial Relations Act 1996
20.2 The following
provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW) (Act):
(a) The Employer
must not fail to re-engage a regular casual Employee (see section 53(2) of the
Act) because:
(i) the Employee or
Employee's spouse is pregnant; or
(ii) the Employee
is or has been immediately absent on parental leave.
The rights of the Employer in relation to engagement and
re-engagement of a casual Employee are not affected, other than in accordance
with this clause.
(b) Right to
request:
(i) An Employee
entitled to parental leave may request the Employer to allow the Employee:
(A) to extend the period
of simultaneous unpaid parental leave use up to a maximum of eight weeks;
(B) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(C) to return from a
period of parental leave on a part-time basis until the child reaches school
age;
to assist the Employee in reconciling work and parental
responsibilities.
(ii) The Employer
shall consider the request having regard to the Employee’s circumstances and, provided
the request is genuinely based on the Employee’s parental responsibilities, may
only refuse the request on reasonable grounds related to the effect on the
workplace or the Employer’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(iii) Employee’s
request and the Employer’s decision to be in writing
The Employee’s request and the Employer’s decision made
under 20.2(b)(i)(B) and 20.2(b)(i)(C) must be recorded in writing.
(iv) Request to
return to work part-time
Where an Employee wishes to make a request under
20.2(b)(i)(C), 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.
(c) Communication
during parental leave
(i) Where an
Employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the Employer shall take
reasonable steps to:
(A) 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
(B) 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.
(ii) The Employee
shall take reasonable steps to inform the Employer 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.
(iii) The Employee
shall also notify the Employer of changes of address or other contact details
which might affect the Employer’s capacity to comply with paragraph (i).
20.3 Maternity Leave
20.3.1 Female Employees
who have completed at least forty weeks continuous service with an Employer,
shall be granted paid Maternity Leave on full pay for 315 hours (Day Workers)
and 342 hours (Shift Workers) from the date the Maternity Leave commences.
Maternity Leave may commence up to 9 weeks prior to the expected date of birth,
as indicated on the medical certificate furnished by the Employee with the
application for Maternity Leave.
21. Jury
21.1 An Employee other
than a casual Employee required to attend for jury service during their ordinary
working hours will be reimbursed by the Employer an amount equal to the
difference between the amount paid in respect of their attendance for such jury
service and the amount of the ordinary wage they would have received Monday to
Friday in respect to attendance for jury service.
21.2 An Employee shall
notify the Employer as soon as possible for the date upon which they are
required to attend for jury service.
21.3 Further, the
Employee shall give the Employer proof of attendance, the duration of such
attendance and the amount paid in respect of such jury service.
22. Public Holidays
22.1 Employees, other
than casuals, shall be entitled to the following holidays without loss of pay:
New Year’s Day
Australia Day Good Friday Easter Saturday
Easter Monday Anzac Day Queen’s Birthday
Newcastle Show Day (for Newcastle Port Corporation
Employees only)
National Aboriginal Day (for declared Aboriginal
Employees)
Labour Day Christmas Day Boxing Day
Any additional Public Holiday day - at the discretion
of the Employer to nominate or substitute a different day
Or such other day as is generally observed in the
locality as a substitute for any of the said days respectively:
22.2 All time worked
by an Employee other than casuals and Shift workers on a public holiday shall
be paid for at the rate of double time and one half for the hours worked, with
a minimum of four hours additional pay. Alternatively, such Employees who
worked on a prescribed holiday may, by agreement, perform such work at ordinary
rates plus half-time additional in that week provided that equivalent paid time
is added to the Employee’s annual leave or one day in lieu of such public
holiday shall be allowed to the Employee during the week in which such holiday
falls. Provided that such holiday may be allowed to the Employee within 28 days
of such holiday falling due.
22.3 Where in a State
or Territory or locality within a State or Territory and additional public holiday
(other than Easter Saturday) is proclaimed or gazetted by the authority of the
Commonwealth Government or of a State or Territory Government and such
proclaimed or gazetted holiday is to be observed generally by persons
throughout the State or Territory or a locality thereof, or when such a
proclaimed or gazetted day is, by any required judicial or administrative
order, to be so observed, then such day shall be deemed to be a holiday for the
purposes of this award, for Employees covered by this award who are employed in
the State, Territory or locality in respect of which the holiday has been
proclaimed or ordered as required.
23. Long Service
Leave
23.1 An Employee is
entitled to long service leave in accordance with the Long Service Leave Act 1955
(NSW) except where elsewhere provided in a certified agreement between the
parties of this Award.
24. Savings Clause
24.1 The Parties agree
that the provisions of an Enterprise Agreement which provide Employees with
better terms and conditions will override the provisions of this Award to the
extent of any inconsistency.
25. Enterprise
Flexibility Agreement
25.1 In this clause a
"relevant union" means - an organisation of Employees that: is party
to this award; and has one or more members employed by the Employer to perform
work in the relevant enterprise or workplace.
25.2 At each
enterprise or workplace, consultative mechanisms and procedures will be
established comprising representatives of the Employer and Employees. Each
relevant union will be entitled to be represented.
25.3 The particular
consultative mechanisms and procedures will be appropriate to the size,
structure and needs of the enterprise or workplace.
25.4 The purpose of
the consultative mechanisms and procedures is to facilitate the efficient
operation of the enterprise or workplace according to its particular needs.
25.5 Where agreement
is reached at an enterprise or workplace through such consultative mechanisms
and procedures, and where giving effect to such agreement requires this award,
as it applies at the enterprise or workplace, to be varied, an application to
vary will be made to the Commission. The agreement will be made available in
writing, to all Employees at the enterprise or workplace and to the unions,
party to this award.
26. Area, Incidence
and Duration
(a) This award will apply to the
industry of persons employed by Sydney Ports Corporation, Port Kembla Port
Corporation and Newcastle Port Corporation (the Employer) other than those
positions excluded under the definition of Employee.
(b) This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the NSW Port Corporations Award 2005 published 2
September 2005 (353 I.G. 561), as varied.
(c) 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 September 2008.
(d) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
Wage Rates
An adult employee of a classification specified in the table
hereunder (other than an Apprentice or Trainee) shall not be paid less than the
total rate per week assigned to the classification in which the employee is
working.
Position
|
Total
|
Total
|
Minimum
|
Residual
|
Disability
|
Annual
|
|
Rate pa
|
Rate pw
|
Rate pw
|
pw
|
& Travel
|
Leave
|
|
|
|
|
|
Allowance
|
Loading pw
|
|
$
|
$
|
$
|
$
|
$
|
$
|
Marine Officer
|
27,903
|
534.77
|
527.70
|
00
|
-
|
7.07
|
Award Level 1
|
|
|
|
|
|
|
Marine Officer
|
32,188
|
616.88
|
568.46
|
00
|
40.80
|
7.62
|
Award Level 2
|
|
|
|
|
|
|
Marine Officer
|
35,469
|
680.28
|
625.25
|
00
|
46.65
|
8.38
|
Award Level 3
|
|
|
|
|
|
|
Marine Officer
|
43,002
|
824.13
|
753.38
|
00
|
60.65
|
10.10
|
Award Level 4
|
|
|
|
|
|
|
Marine Officer
|
48,075
|
921.35
|
840.11
|
00
|
69.98
|
11.26
|
Award Level 5
|
|
|
|
|
|
|
Marine Officer
|
55,469
|
1,063.06
|
966.16
|
00
|
83.95
|
12.95
|
Award Level 6
|
|
|
|
|
|
|
Marine Officer
|
57,968
|
1,110.95
|
1,096.26
|
00
|
-
|
14.69
|
Award Level 7
|
|
|
|
|
|
|
Marine Officer
|
67,147
|
1,286.86
|
1,269.84
|
00
|
-
|
17.02
|
Award Level 8
|
|
|
|
|
|
|
Marine Officer
|
74,425
|
1,388.03
|
1,369.68
|
00
|
-
|
18.35
|
Award Level 9
|
|
|
|
|
|
|
Marine Officer
|
80,290
|
1,538.75
|
1,518.40
|
00
|
-
|
20.35
|
Award Level 10
|
|
|
|
|
|
|
Shiftworker Classification
|
Minimum Allowance
Per Annum or
|
Minimum Allowance
Per Week
|
|
($)
|
(divided by 365.25 x
7)
|
Sydney Ports Corporation
|
|
|
Port Officer Entry
|
18,987
|
363.88
|
Port Officer Level 1
|
18,987
|
363.88
|
Port Officer Level 2
|
21,202
|
406.33
|
Communications/Marine
|
22,434
|
429.95
|
Supervisor
|
|
|
Newcastle Port Corporation
|
|
|
Port Officer
|
18,924
|
362.67
|
Port Services Officer and
|
|
|
Master/Engineer
|
21,717
|
416.20
|
RDO relief
|
19,737
|
378.25
|
VTIC Officer
|
20,705
|
396.81
|
Port Kembla Port
|
|
|
Corporation
|
|
|
Port Officer - Entry
|
19,015
|
364.43
|
Port Officer
|
19,015
|
364.43
|
Ship Port Officer
|
21,822
|
418.21
|
VTIC Operator
|
19,442
|
372.61
|
First Aid Allowance
|
Minimum Rate pa
|
Minimum Weekly Rate
|
|
$
|
$
|
Appointed First Aid Officer
|
599
|
11.49
|
J.
P. MURPHY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.