Crown Employees (NSW Department of Trade and Investment, Regional Infrastructure and Services - Forests NSW - Fieldwork and Other Staff Reviewed Award 2012

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 245 of 2012)

 

 

REVIEWED AWARD

 

CONTENTS

 

SECTION 1 - FRAMEWORK

 

1.        Title

2.        Parties

3.        Statement of Intent

4.        Scope

5.        Award entered into freely by all parties

6.        Term

7.        Definitions

8.        Anti-Discrimination

9.        Grievance & Dispute Resolution Procedures

10.      No Extra Claims

11.      Systems and Technology

 

SECTION 2 - GENERAL EMPLOYMENT AND HOURS OF WORK

 

12.      Conditions of Employment

12.1    Weekly Employment

12.2    Probationary Employees (new employees)

12.3    Term Employment

12.4    Part time Employment

12.5    Casual employment

13.      Hours of Work

13.1    Ordinary Hours of Work

13.2    Variation of Ordinary Hours of Work

13.3    Ordinary Hours on Saturday/Sunday

13.4    Shift Work

13.5    Rostered Days Off

13.6    Travel to and from Work

13.7    Self-Managing Work Teams

13.8    Tea Break and Facilities

13.9    Meal Breaks

14.      Overtime (Excluding Fire Fighting)

14.1    Overtime Definition

14.2    Employees to Work Reasonable Overtime

14.3    Overtime Rates

14.4    Time off in Lieu of Overtime

14.5    Minimum Periods

14.6    Break from Duty (Overtime)

14.7    Overtime Meal Breaks

14.8    Meal Allowance for Overtime

 

SECTION 3 - SAFETY

 

15.      First-Aid and Health and Safety Issues

16.      Uniforms Carrying Forest NSW Logo

16.1    Uniforms

16.2    Boots

17.      Tools and Protective Clothing

18.      Use of Casuals and Contractors

19.      Contractor’s Protocol

 

SECTION 4 - TRAVEL ARRANGEMENTS

 

20.      Travel Arrangements

20.1    Travelling when away from home base

20.2    Accommodation Expenses

20.3    Reimbursement for Accommodation and Meals- Overnight Stay

20.4    Camping Expenses

 

SECTION 5 - PAYMENT OF WAGES

 

21.      Payment of Wages

21.1    Salary Rates

21.2    Pay Period

21.3    Payment Method

21.4    Pay Advice

21.5    Payment  on Termination

21.6    Performance Pay or Payment by Results

21.7    Salary Packaging

21.8    Deduction of Union Membership Fees

 

SECTION 6 - CLASSIFICATION STRUCTURE

 

22.      Classification Structure

22.1    Classification of Employees

22.2    Purpose of Classification Structure

22.3    Classification Disputes

22.4    Higher Duties

 

SECTION 7 - FIRE FIGHTING

 

23.      Fire Fighting Duty (Applicable only to Field Employees Engaged in Fire Fighting Duty)

23.1    Definition

23.2    Fire Fighting Health and Fitness Agreement

23.3    On-Call Roster Allowance

23.4    Fire Stand-by Duty Outside Normal Working Hours

23.5    On-Call Duties

23.6    Immediate "On-Call" an hourly on call system

23.7    Minimum Periods- per overtime provisions

23.8    Fire Fighting Loading

23.9    Break from Duty- per overtime provisions

23.10   Travel To and From Fires

23.11   General Fire Fighting Requirements

23.12   Meals

23.13   Accredited Assessors Allowance

23.14   Reimbursement expenses if recalled for fire fighting when on holidays

24.      Fire Ground Work- Workshops Employees

24.1    Introduction

24.2    Fire Fighting Loading

24.3    Normal Working Hours

24.4    Reimburse expenses if recalled for fire fighting when on holidays

25.      On-Call Arrangements and Allowances - Workshops Only

25.1    On-Call Duty

25.2    Expectations Whilst On-Call

25.3    Notice Period

25.4    On-Call Extra’s

25.5    AC Licence fees

25.6    Tool Coverage (Workshops Only)

 

SECTION 8 - LEAVE

 

26.      Leave

26.1    General Provisions- Ministerial Leave Conditions (MLC)

26.2    Sick Leave

26.3    Public Holidays

26.4    Union Picnic Day

26.5    Recreation Leave Management

26.6    Personal Carers Leave

26.7    Family and Community Service Leave

26.8    Trade Union Training Leave

26.9    Parental Leave

26.10   Casual Leave Entitlements

26.11   Extended Leave Entitlements

 

SECTION 9 - MISCELLANEOUS

 

27.      Miscellaneous

27.1     Temporary Relocation

28.      Inclement Weather

28.1    Definition

28.2    Continuation of Work

29.      Consultation Clause

30.      Delegates Rights

31.      Area, Incidence and Duration

 

Appendices:

Appendix 1 - Rates of Pay

Appendix 2 - Allowances - Wage Related & Expense /CPI

 

Table 1 - Wage Related Allowances

Table 1 - Field Workers

 

Appendix 3 - Statement of Responsibility Levels and Promotional Criteria

Appendix 4 - Field Worker Classifications

Appendix 5 - Mechanical and Radio Services - Mechanical Trades Classifications

Appendix 6 - Apprentices - Workshops and Nurseries

 

(i)       Wage Rates

(ii)       Apprentice training

 

Appendix 7 - Forest Research and Development - Classifications

Appendix 8 - Grievance and Dispute Resolution Procedures

Appendix 9 - Equity Policy

Appendix 10 - Alcohol and Other Drugs Policy

 

SECTION 1 - FRAMEWORK

 

1.  Title of the Award

 

1.1      The award shall be known as the Crown Employees (NSW Department of Trade and Investment, Regional Infrastructure and Services - Forests NSW Fieldwork and Other Staff Reviewed Award 2012.

 

2.  Parties

 

The parties to this Award are:

 

2.1      The Forestry Commission of New South Wales trading as Forests NSW which is a Public Trading Enterprise within the NSW Department of Primary Industries, a division of the NSW Department of Trade and Investment, Regional Infrastructure and Services;

 

2.2      The Australian Workers Union, NSW Branch (AWU);

 

2.3      Automotive Food Metals Engineering Printing and Kindred Industries Union, NSW Branch more commonly known as Australian Manufacturing Workers Union (AMWU); covering all employees employed by the NSW Department of Primary Industries - Forestry Commission of New South Wales under Schedule 1, Part 3, Special Employment Division of the Public Sector Employment and Management Act 2002.

 

3.  Statement of Intent

 

3.1      Parties have entered into this Award on the understanding that it is directed towards high quality and efficient services to the community and to Forests NSW customers.

 

3.2      The parties acknowledge that the Award seeks to enhance the image and profile of Forests NSW.  These objectives will be achieved through:

 

3.2.1   The creation and maintenance of a high performance, high trust organisation with a genuine partnership between Forests NSW and its employees.

 

3.2.2   The acceptance of change and commitment to continuous improvement and productivity by both the Management of Forests NSW and its employees.

 

3.2.3   The development of an organisation based upon teamwork, flexibility, competence and opportunities for organisational and personal development.

 

3.3      Achievement of these objectives is expected to deliver savings in operating costs and genuine productivity gains and the parties agree that the savings arising out of the achievement of those objectives will be shared with employees and will be reflected in the rates of pay prescribed in Appendix 1 of this Award.

 

3.4      The parties further agree that negotiations will continue during the life of this Award in relation to the implementation plans appropriate to each of the operational areas covered in this Award.

 

3.5      The parties to the Award agree to the review the classification structures listed in the Award at Appendices 3, 4, 5, and 7.  The parties also agree to the establishment of a project team to facilitate and support this review.

 

3.6      The format of this Award has been revised and streamlined in discussions with the parties.  There has been no intention by the parties to the award to delete or alter existing conditions other than those varied by agreement.

 

4.  Scope

 

4.1      This Award shall wholly override all conditions of employment under the Crown Employees (Skilled Trades)  Award , and all previous versions of the Forestry Commission Division Trading as Forests NSW Crown Employees Fieldwork and Other Staff Award.

 

5.  Award Entered Into Freely By All Parties

 

5.1      The parties agree that this Award was freely entered into, without duress, and all those parties endorse the contents.

 

6.  Term

 

6.1      This award will remain in force until 30 June 2012.

 

6.2      The award provides for increases in Rates of Pay as set out in Appendix 1 and to Wage Related Allowances at Appendix 2:

 

Four (4) percent per annum from the first full pay period on or after 1 July 2011

 

6.3      The parties to the Award agree to meet to re-negotiate the Award at least three (3) months prior to its expiration.

 

7.  Definitions

 

7.1      "Casual employee" - means an employee engaged and paid on an hourly basis, who receives a casual loading in lieu of all paid leave entitlements, excluding long service leave.

 

7.2      "Employee" - means and includes all persons permanently or temporarily employed by Forests NSW under Schedule 1, Part 3, Special Employment Divisions of the Public Sector Employment and Management Act 2002.

 

7.3      "Forests NSW" - refers to the Forestry Commission of New South Wales, trading as Forests NSW,  a public trading enterprise within the  Department of Primary Industries, a division of the NSW Department of Trade and Investment, Regional Infrastructure and Services.

 

7.4      "Home Base" - Home base is defined as a depot or customary place of start and finish.  A mutually acceptable written agreement will be reached, at a local level, between Forests NSW, the relevant Union and affected employees.

 

7.5      "Independent Contractor" - means a person who typically contracts their services through a company to achieve a result whereas an employee contracts to provide his/her labour (typically to enable the employer to achieve a result). Independent contractors can also be identified because they are not eligible for PAYG tax.

 

7.6      "Part-time employee" - means an employee, subject to the provisions of Chapter 2, Part 5 of the Industrial Relations Act 1996, who is engaged for less than 38 hours per week, and who receives the same range of entitlements as a full-time employee, including sick leave and annual leave, but on a pro-rata basis in proportion to the hours worked.  Part-time employees do not receive a casual loading.

 

7.7      "Self Managing Work Teams" - shall mean those work groups where the task is set out and the resources available are provided by management together with time and output criteria but where members of the team decide how the task will be performed, given appropriate application of safe working practices and relevant Forests NSW guidelines.

 

8.  Anti-Discrimination

 

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

 

8.2      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

8.3      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.

 

8.4      Nothing in this clause is to be taken to affect:

 

8.4.1   any conduct or act which is specifically exempted from anti-discrimination legislation;

 

8.4.2   offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

8.4.4   a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

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

 

NOTES -

 

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

 

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

 

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

 

9.  Grievance and Dispute Resolution Procedures

 

9.1      The employee shall notify their immediate supervisor employer as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter with the employer for bilateral discussions and, if possible, state the remedy sought.

 

9.2      The grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority, if required.

 

9.3      Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti Discrimination Act, 1977) that makes it impractical for the staff member to advise their immediate supervisor the notification may occur to the next appropriate level of management.

 

9.4      Reasonable time limits must be allowed for discussion at each level of authority.

 

9.5      A staff member, may, at any stage, request representation by an industrial organisation of employees.

 

9.6      At the conclusion of the discussions, the Forest NSW must provide a response to the employee's grievance if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

9.7      The matter may be referred to the Industrial Relations Commission of NSW if the matter is unresolved following the use of these procedures.  All parties agree to be bound by any order or determination by the Industrial Relations Commission.

 

9.8      While the procedure is being followed, normal work must continue.

 

9.9      Refer to Appendix 8 for further information.

 

10.  No Extra Claims

 

The parties agree that they will not pursue any extra Award or over-Award claims for the duration of this Award.  This does not preclude either party’s right under Section 17 of the Industrial Relations Act 1996 (NSW) to apply to the Industrial Relations Commission of NSW to vary or rescind the Award.

 

11.  Systems and Technology

 

The parties undertake to work together during the life of the award to achieve administrative and operational efficiencies through the use of improved systems and technologies.

 

SECTION 2 - GENERAL EMPLOYMENT AND HOURS OF WORK

 

12.  Conditions of Employment

 

The parties to this Award are committed to implementing changes as prescribed in this Award which will lead to genuine productivity improvements.  The following conditions shall apply to all areas of employment covered by this Award as appropriate:

 

12.1    Weekly Employment

 

Full-time, part-time and term employees shall be engaged by the week.  An employee’s engagement may be terminated by either the employee or the employer providing one week's notice in writing or by payment or forfeiture, as the case maybe, of one week’s wage in lieu of notice.  Provided that in the case of misconduct an employee’s engagement may be terminated without notice.

 

12.2    Probationary Employees (new employees)

 

12.2.1            Forests NSW may initially engage a new full-time or part-time employee for a period of probationary employment of not more than six (6) months for the purpose of determining the employees’ suitability for ongoing employment.  The employee must be advised, in writing, in advance that the employment is probationary and of the duration of the probation, which can be up to, but not exceed, six (6) months.

 

12.2.2            A probationary employee is, for all purposes of the Award, a full-time or part-time employee.

 

12.2.3            Probationary employment forms part of an employee’s period of continuous service for all purposes of the Award, except where otherwise specified in this Award.

 

12.2.4            In circumstances where an employee on probation is absent for any reason during the probation for a period in excess of two weeks aggregated time and such absence affects the employee’s orientation and basic training, the probation may be extended, after consultation with the Union, for a further period of three (3) months.  Forests NSW must give written notice of such extension to the employee and the Union prior to the conclusion of the first probationary period.  Any notice after the end of the first probationary period to extend is of no effect.

 

12.3    Term Employment

 

12.3.1            Term employment means employment under this Award for a specified period of time.  At the end of the specified period of time the employment finishes.

 

12.3.2            A term employee is covered by all the Award conditions available to permanent employees.

 

12.3.3            If, after termination, a term employee is offered further employment either as a permanent or another term, continuity of employment in regard to accrued sick leave and other entitlements will be maintained.

 

12.3.4            Term employees shall be engaged by a letter of offer and abide by the conditions of this Award and by any local agreements that pertain to the Region in which they are employed to which they agree in writing.

 

12.3.5            Term employees will be employed for specific funded projects that will be defined in their offer of employment.  From time-to-time, as the need arises, they may be required to perform duties within their capabilities but not defined in their employment offer.  Should these other duties exceed the duties outlined in the original offer by more than 50%, the relevant Union will be contacted and consulted in regard to a new employment offer to the affected term employee/s.

 

12.3.6            During the period of the employment term employees may apply and will be considered for vacancies in competition with other internal applicants through the expression of interest process.  Term employees will not be excluded from being able to apply for externally advertised Forests NSW positions.

 

12.3.7            Term employment can apply to externally funded positions and project work such as Comprehensive Regional Assessments, FRAMES projects, Nursery planting and lifting operations.

 

12.3.8            Term employment is not intended to replace permanent employment and will only be used for the period specified in the letter of offer.  When a term employee has completed two (2) years of service or prior to the expiration of the term employment (6 months where practicable) Forests NSW, in consultation with the relevant Union (local Union delegate), will review the term employee’s employment history regarding the consistency of their employment with their original offer and any potential opportunities for continuing employment.

 

12.3.9            Should the term extend beyond five (5) years, pro-rata long service leave will also be paid on termination.

 

12.4    Part-Time Employment

 

Employees may work on a part-time basis, subject to the provisions of Part 5 of the Industrial Relations Act 1996 provided that:

 

12.4.1            the ordinary hours of duty are agreed between the employee concerned and Forests NSW and fall within the same span of hours as applies or would apply to a full-time employee undertaking the duties concerned;

 

12.4.2            the ordinary working hours are fixed at not less than 4 hours per day worked; 

 

12.4.3            Forests NSW informs the relevant Union of the hours fixed for part-time employees. The Union shall have seven (7) working days from the date of being advised to object to the agreement through the Grievance Resolution Procedures prescribed by Clause 9 of this Award.  The Union will not unreasonably object to an agreement under this sub-clause.

 

12.4.4            Permanent part-time employees will be paid a weekly rate determined by the following formula:

 

Applicable rate for full-time employee	´	(weekly hours of the part-time employee)
at the same classification level		38

 

12.5    Casual Employment

 

12.5.1            Engagement

 

(1)      Casual employees are engaged by the hour and may be terminated without notice.

 

(2)      A casual employee is paid on an hourly basis, and receives a casual loading in lieu of all paid leave entitlements except long service leave.

 

(3)      Casuals will be employed for periods of no longer than six (6) months.

 

(4)      Casuals will be paid for a minimum of 3 hours for each engagement.

 

(5)      It is recognised by the parties to the award that a casual employee may be rehired on a number of occasions, such as for summer fire season work, in a classification listed in Appendices 3, 4, 5 and 7 attached to this Award.

 

When more than one (1) year’s service at a pay step is recognised and the casual employee is undertaking the range of work expected at that grade and pay step, then in those circumstances the casual employee’s pay point will be progressed to the next pay point within the same grade.

 

This aggregation and accumulation of service will operate for the purpose of progression in the grading structure only and will not affect the existing rules applying to breaks in service for long service leave purposes.

 

12.5.2            Rates of Pay for Casual Employees

 

Casual employees will be paid per hour at the rate of one thirty-eighth of the applicable weekly rate for a full-time employee at the same classification level plus, subject to the provisions of Clause 20 Travel Arrangements.

 

(1)      for ordinary hours of work, a casual loading of 24.6%, in compensation for the disadvantages of casual work and in lieu of all paid leave entitlements (excluding long service leave), including annual leave (where 24.6% is the cumulative percentage obtained by applying a 15% casual loading and then applying an 8.33% loading in lieu of annual leave);

 

(2)      for overtime hours, a casual loading of 15% in compensation for the disadvantages of casual work, with the hourly rate so obtained then being used as the ordinary rate of pay for the calculation of overtime; provided that casual employees will be paid for a minimum of three hours for each engagement.

 

(3)      Ordinary hours of work for casual employees will be 38 hours per week -with a maximum of 10 hours in any one day.

 

12.5.3            Saturday, Sunday and Public Holiday rates

 

(1)      Casual employees required to work on a Saturday as part of their ordinary hours of work will be paid for that day at a rate of time and a half.

 

(2)      Casual employees required to work on a Sunday as part of their ordinary hours of work will be paid for that day at a rate of time and three quarters.

 

(3)      Casual employees required to work on a Public Holiday as part of their ordinary hours of work will be paid for that day at a rate of double time and a half.

 

(4)      Casual employees in Workshops who undertake work on weekends will be paid at normal overtime rates.

 

12.5.4            Uniforms

 

Casual fieldworkers will be provided with Forests NSW uniforms on the following basis:

 

(1)      Less than 20 days service per year - Nil

 

(2)      21 days-3 months service per year - 2 sets

 

(3)      3-6 months service per year - 3 sets

 

12.5.5            Boots

 

(1)      Forests NSW will supply boots to casual employees.

 

(2)      Casuals engaged primarily for fire fighting will be supplied with fire fighting boots only.

 

SECTION 2 - GENERAL EMPLOYMENT AND HOURS OF WORK

 

13.  Hours of Work

 

13.1    Ordinary Hours of Work

 

13.1.1            The ordinary hours of work for all employees, other than casual employees, covered by this Award shall be 38 hours per week.  This may be worked from:

 

(1)      Monday to Friday over 19 days of 8 hours each over a four week cycle; or

 

(2)      By mutual agreement to work any consecutive 5 out of 7 days Monday to Sunday over 19 days of 8 hours each over a four week cycle.

 

13.1.2            The standard span of hours will be between 6.00 am and 6.00 pm on each working day Monday to Sunday, with the exception of shift work provisions.

 

13.1.3            The exceptions to the above are:

 

(1)      Research shall work their ordinary hours Monday to Saturday but for particular project work, on five (5) consecutive days, Monday to Sunday.

 

(2)      Workshop employees shall work their ordinary hours either:

 

(a)      Between 6.00am and 6.00pm, Monday to Friday: or

 

(b)      By mutual agreement between 6.00am to 6.00pm on five (5) consecutive days, Monday to Saturday.

 

(3)      Nursery employees shall work their ordinary hours Monday to Sunday.

 

13.2    Variation of Ordinary Hours of Work

 

13.2.1            The ordinary hours of work within the standard span of hours may be varied by mutual agreement between Forests NSW and the majority of affected employees in a particular group, region, district, section or department, to suit operational needs.

 

13.2.2            Ordinary hours of work may extend up to ten (10) hours on any one day by mutual agreement and may be averaged out so that no employee works more than 38 ordinary hours per week in any four (4) week period.

 

13.3    Ordinary hours on a Saturday/Sunday

 

13.3.1            If required to work on Saturday and/or Sunday, 5 days prior notice must be provided.

 

13.3.2            Payment for work performed on Saturday under this clause will be paid at the rate of time and a half.  Payment for work performed on Sunday under this clause will be paid at the rate of time and three quarters.

 

13.3.3            Fieldworkers who work their ordinary hours on Saturdays and Sundays shall accrue additional days of annual leave at the following rates:

 

(1)      Forestry Fieldworkers

 

Number of Ordinary Saturdays/Sundays	Number of Additional Days Leave
Worked During 1 December to 30 November
or Part Thereof
7-14	1
15-21	2
22-26	3

 

No employee will be required to work more than 26 Saturdays/Sundays in any 12 month period.

 

(2)      Workshop employees

 

Number of Ordinary Saturdays Worked During	Number of Additional Days Leave
1 December to 30 November or Part Thereof
7-14	1
15-21	2
22-28	3
29-35	4
36 or more	5

 

(3)      Research and Nursery employees

 

Employees who are rostered to work their ordinary hours on Sundays and/or Public Holidays during the period 1 December to 30 November, or part thereof, shall be entitled to receive additional leave (to compensate for working a number of shifts on Sundays and Public Holidays) as follows:

 

Number of Ordinary Shifts Worked on Sunday	Number of Additional Days
and/or Public Holidays during 1 December -	Leave
30 November or Part Thereof
4-10	1
11-17	2
18-24	3
25-31	4
32 or more	5

 

13.4    Shift Work

 

13.4.1            Employees may be required to work outside the normal span of hours (ie: from 6.00 pm to 6.00 am) to address shift work (eg: fauna work, environmental, and security work).

 

Employees will be remunerated for this shift work by:

 

either -

 

(1)      Payment at appropriate overtime penalty rates as per clause 14.3 and subject to clause 14.5.  Arrangements concerning appropriate skills, numbers of shifts/week and period of rest before recommencement of ordinary hours can be varied by mutual agreement between Forests NSW and the majority of affected employees of a particular group, Region, District, section or department to suit operational needs; or

 

(2)      Being rostered for a minimum weekly shift between Monday and Friday of shift work at the standard hourly rate of time and three quarters.  By mutual agreement the hours of any one shift may be averaged out so that no employee works more than 38 shift hours/week in any four (4) week period. Any hours worked outside these shift arrangements shall be paid at overtime rates as per clause 14.3.

 

13.4.2            Adequate notice for shift work will be given with a minimum period being 7 days in advance.  In the event that shift work is to be cancelled (this does not include changing duties on the shift, eg: emergency fire fighting, rescue and security work etc) then a minimum 48 hours notice will need to be given to avoid payment of overtime penalty rates as per this clause.

 

13.5    Rostered Days Off

 

13.5.1            Entitlement

 

(1)      An employee’s ordinary hours will be worked on no more than 19 days in each 28 day cycle, Monday to Sunday with one day in each 28 day period being regarded as a rostered day off (RDO).  Each day of paid leave taken and any public holidays occurring during any cycle of four weeks shall, for the purposes of this paragraph, be regarded as a day worked.

 

(2)      An employee who has not worked 19 days in a complete 28 day cycle shall receive pro rata accrued entitlements for each day worked (or for each fraction of a day worked), payable for the rostered day off or, in the case of termination of employment, on termination.

 

13.5.2            Scheduling RDOs

 

(1)      An employee’s RDO will be scheduled in advance of the 28 day cycle in which it occurs, taking into account the interests of employees and ensuring that Forests NSW operational needs are met having regard to seasonal, climatic and workload factors.

 

(2)      With a minimum of twelve (12) hours notice to affected employees and without penalty to Forests NSW, an RDO may be rescheduled once in each 28 day cycle to satisfy operational needs.  The agreed substitute RDO is to be provided within the cycle and may only be deferred under circumstances of fire or a similar state of emergency.

 

13.5.3            Accumulating RDO's

 

(1)      Where the majority of affected employees agree, each Region or Business Unit may nominate up to five (5) consecutive cycles of four (4) weeks duration during which RDO's will accumulate (that is, will be "banked"). Employees will then be given an opportunity to take their accumulated RDO's prior to the commencement of any further accumulation cycle.

 

(2)      Employees may take their accumulated RDOs by agreement with the appropriate Manager:

 

(i)       consecutively to a maximum of five (5) days; or

 

(ii)       by working nine-day fortnights; or

 

(iii)      by a combination of these two methods.

 

(iv)      Employees may agree with their manager to defer taking some of their accumulated RDO's, provided that RDO's are not forfeited and provided that no more than five (5) RDO's are accumulated at any one time.

 

(3)      Once scheduled, the only circumstance in which a "banked" RDO will be required to be worked is in fire or similar state of emergency.

 

13.6    Travel to and from Work

 

13.6.1            Agreements

 

(1)      As far as practical for forest field workers, and particularly where work is performed in gangs, Forests NSW will provide transport to and from the job. Where an employee is picked up by such transport on the way to work and dropped off by it after work, that employee’s working day will be deemed to have commenced at a time and place determined through written mutual agreement.

 

(2)      Time taken by vehicles provided by Forests NSW shall be no more than is reasonable given the nature of the vehicle and the condition of the road. Transport provided by Forests NSW shall leave promptly on the cessation of work and an employee shall not be required to travel a further distance than that employee wishes to travel.  The vehicle provided shall have suitable seating accommodation and a cover to protect employees from the weather.  Employees will not be transported in a vehicle that is carrying explosives.

 

(3)      The application of these arrangements is governed by written agreements. The overall objective of these travel arrangements is to optimise time on the work site and reduce time spent at depots and travelling.

 

(4)      The requirements under this clause do not apply to Workshops employees.

 

(5)      Garaging of Vehicles

 

If it is operationally more efficient to garage the Forests NSW vehicle overnight at a particular employee’s place of residence, then such arrangements may be made by agreement.  Such arrangements will cover, but not be confined to -

 

(i)       the time and place of commencement of work;

 

(ii)       nomination of pick-up and set-down points;

 

(iii)      nomination of an employee who will be the designated driver of a vehicle and responsible for its overnight garaging at their place of residence;  and

 

(iv)      changes which may need to be made to the arrangements depending on the location of the work site.

 

(6)      The travel allowance based solely on a kilometre rate presently being paid for travel to work will continue to be paid to the relevant employees (current and new) for the duration of this Award and variations to it.  Provided that where an employee travels alone to and from the job and their home in a Forests NSW vehicle, then that employee’s present allowance will be withdrawn.

 

13.7    Self-Managing Work Teams

 

These teams will be established for activities where greater productivity may be achieved by such a method of working.  It is expected that such self-managing work teams may wish to vary the ordinary hours of work or days of work and this may be done through the method provided at clauses 13.1 and 13.2.

 

13.8    Tea Break and Facilities

 

13.8.1            A tea break during the morning period of not more than twenty minutes duration shall be allowed to each individual employee, at a time to be arranged by Forests NSW, without deduction from their wages.

 

13.8.2            Provided that Forests NSW may grant a tea break of not more than ten minutes duration during both the morning and afternoon periods of the working day, under the same conditions as above.  Where an afternoon tea break is taken Forests NSW may direct that it be taken immediately prior to ceasing time.  The taking of the morning tea break shall not necessarily involve a complete stoppage of work.

 

13.8.3            Forests NSW shall provide employees with an adequate supply of cool and wholesome drinking water.

 

13.8.4            Employees will be issued with a good quality thermos flask and will provide their own tea and coffee.  Lighting fires to burn all day for warmth and cooking is acceptable practice.  This does not prevent the boiling of a billy within the two ten-minute or a single twenty-minute break taken each day.

 

13.9    Meal Breaks

 

13.9.1            Employees, other than shift workers, shall be entitled to a meal break each day of not less than 30 minutes in duration and not more than one hour; provided that the said meal break shall be taken between 11.30am and 1.30pm. Such meal time shall not count as time worked.

 

13.9.2            No employee will be required to work more than 4 hours without a break or work through penalties will apply in accordance with subclause 13.9.3.

 

13.9.3            Employees who have not been afforded a meal break of at least 30 minutes in duration, commencing by 1.00 pm, shall be paid overtime rates for all time worked between 1.00 pm and the time when they do receive a meal break of no less than 30 minutes.

 

14.  Overtime (Excluding Fire Fighting)

 

14.1    Overtime Definition

 

Overtime is that time an employee is directed and authorised to work which is either:

 

14.1.1            In excess of 38 hours per week; and/or

 

14.1.2            Outside the ordinary hours of work, as established for each employee under Clauses 13.1 and 13.2.

 

14.1.3            Overtime will only be payable for time on-duty at the work site.  Travel arrangements are covered under Clause 20.1.

 

14.1.4            Where overtime is to be worked it should be, wherever possible, with the prior approval of management.

 

14.2    Employees to Work Reasonable Overtime

 

All employees undertake to work reasonable overtime as requested, where possible, given reasonable notice.

 

14.3    Overtime Rates

 

14.3.1            Monday - Saturday - Overtime will be paid for at the rate of time and a half for the first two hours and thereafter at double time, to be calculated on the basis of each completed unbroken period of overtime.

 

14.3.2            Sundays - double time will be paid for all work performed on Sundays

 

14.3.3            Public Holidays - double time and a half will be paid for all work performed on public holidays.

 

14.4    Time off in Lieu of Overtime

 

Forests NSW may grant compensation for directed overtime worked by granting leave in lieu of payment.  The following provisions apply to the leave in lieu:-

 

14.4.1            The employee shall advise their supervisor before the overtime is worked or as soon as practicable on completion of overtime that they intend to take leave in lieu of payment.

 

14.4.2            The leave shall be calculated at the same rate as would have applied to the payment of overtime in terms of this clause.

 

14.4.3            The leave must be taken at the convenience of the department, except when leave in lieu is being taken to look after a sick family member.

 

14.4.4            The leave shall be taken in multiples of a quarter day, unless debiting of leave in hours or in fractions of an hour has been approved in the employee’s department or section.

 

14.4.5            Leave in lieu accrued in respect of overtime worked on other than public holidays shall be given by the Department and taken by the employee within three (3) months of accrual, unless alternate local arrangements have been negotiated between the Department Head and the relevant trade Union(s).

 

14.4.6            At the employee’s election, leave in lieu accrued in respect of overtime worked on a public holiday may be added to the employee’s annual leave credits and may be taken in conjunction with annual leave.

 

14.4.7            An employee shall be paid for the balance of any overtime entitlement not taken as leave in lieu.

 

14.5    Minimum Periods

 

An employee who works overtime:

 

14.5.1            on a Saturday, Sunday or Public Holiday;  or

 

14.5.2            by being recalled after leaving work, prior to their next scheduled period of ordinary time duty,

 

14.5.3            shall be paid for no less than four (4) hours work, at the appropriate rate.

 

14.6    Break From Duty - (Overtime)

 

Following completion of overtime, an employee shall:

 

14.6.1            be released from resuming ordinary duty for an unpaid period of ten (10) consecutive hours.  This number of hours does not include time spent travelling; or

 

14.6.2            if required to resume or continue working without having had an unpaid break of ten (10) consecutive hours, excluding travel, shall be paid at the rate of double time until such a break is given or where, by mutual agreement, the break is reduced to eight (8) hours, except for fire fighting where the ten (10) hour break must be maintained as per clause 23.8; or

 

14.6.3            work in accordance with the rest provisions contained in the shift work clause 13.4.

 

14.6.4            Provided that, if the provision of an unpaid break under this sub-clause results in an employee performing less than 38 hours of duty in a week (paid at either ordinary or any other overtime or loaded rate), then any shortfall shall be paid at ordinary rates.

 

14.6.5            The above ensures a minimum of 38 hours will be paid at ordinary rates to all employees, other than casuals, even when not worked.

 

14.7    Overtime Meal Breaks

 

Employees working overtime will be entitled to a paid meal break of 30 minutes:

 

14.7.1            after working 2 hours overtime following the completion of a full period of ordinary time, and where more than 2 hours overtime is required;

 

14.7.2            after working every four hours of overtime without a meal break;  and;

 

14.7.3            where overtime on a Saturday, Sunday or Public Holiday continues after 12 noon, in which case the break will occur between 12 noon and 1.00 pm.

 

14.8    Meal Allowance for Overtime

 

Employees who are directed to work overtime and who, through insufficient prior notice ie: less than 12 hours), need to buy meals, shall be paid a meal allowance as provided for in Appendix 2, Table 2, Item 14 for any meal break for which they are entitled under subclause 14.7.

 

SECTION 3  SAFETY

 

15.  First-Aid and Health and Safety Issues

 

15.1    Where practicable no less than one of the employees in each gang of 3 or more shall have a recognised qualification in first-aid.

 

15.2    A standard first-aid kit shall be provided and maintained by Forests NSW on all work sites to which this agreement applies.

 

15.3    On all forests works where more than 50 employees are employed and hospital and/or medical services are not readily available, an equipped first-aid station shall be provided at a readily accessible location.

 

15.4    In the event of any serious accident/incident, occurrence or serious illness occurring to any employee whilst at work, in the camp or going to or from the camp, Forests NSW shall provide transport facilities to the nearest hospital or doctor at its expense.

 

15.5    Any employee at classification level 1 to 4 inclusive who is appointed by Forests NSW to perform first-aid duty to any gang of 3 or more shall be paid a first-aid allowance as provided for in Appendix 2, Table 1, Item 11.  If current employees at Levels 4-6 remain qualified and are performing first aid duties they will continue to receive the first-aid allowance.  Any future employees 5.1 and above shall not receive the first-aid allowance.

 

There should only be one first-aid allowance paid per crew.

 

The above first aid allowance is linked to movement in the relevant rate expressed in the Crown Employees (Public Sector Conditions of Employment) Award 2009.

 

15.6    The parties recognise that given the varied and demanding nature of tasks undertaken by employees of Forests NSW, further negotiations will consider health-related issues such as stress management and workplace fitness.

 

15.7    The parties are committed, as part of their objective to ensure the health, safety and welfare of employees, to work in accordance with the Work Health and Safety Act 2011.

 

15.8    The parties to this Award will take a constructive role in promoting improvements in  work health, safety, welfare and rehabilitation, and employees will comply with the Forests NSW safety management system.

 

16.  Uniforms Carrying Forests NSW Logo

 

16.1    Uniforms

 

16.1.1            The wearing of the Forests NSW uniform, when supplied, is compulsory whilst on duty.

 

16.1.2            The range of uniforms will be determined at the corporate level.

 

16.1.3            Workplace Managers, in consultation with the  Work Health and Safety Committee, will determine what is appropriate for their local workplace from the corporate range only.

 

16.1.4            Employees may choose, with the approval of their Workplace Manager, to include a part issue of the dress uniform in their overall uniform entitlement. Where possible uniforms should be Australian-made.

 

16.1.5            All Field Workers and Workshop employees will be provided with a Forests NSW uniform consisting of six (6) shirts and a combination of trousers and shorts totalling six (6), a combination of up to a total of three (3) appropriate winter coats, windcheaters or jumpers where appropriate for the climate, five (5) pairs of woollen or equivalent quality socks and appropriate boots.

 

16.1.6            Workshop employees will get an initial issue of (three) 3 pairs of overalls.

 

16.1.7            Uniforms will be replaced in a timely manner on a fair wear and tear ‘as needs’ basis.

 

16.2    Boots

 

16.2.1            At the election of the employee, the cost or replacement of boots will be made via one of the following options:

 

(1)      Replacement boots will be provided on a fair, wear and tear basis from an approved list; or

 

(2)      An allowance as provided for in Appendix 2, Table 3, Item 18 will be paid via payroll (subject to tax) on 1 April each year; or

 

(3)      annual reimbursement, on production of a receipt, to a maximum amount as provided for in Appendix 2, Table 3, Item 18, which will be reimbursed within two (2) pay periods on production of a receipt.

 

16.2.2            Fire fighting boots will be supplied separately and replaced on an "as needs" basis.

 

16.2.3            The boot allowance is to be paid within two (2) pay periods.

 

16.2.4            Employees are responsible for attending work at all times in boots that meet Forests NSW specifications.

 

16.2.5            Fire fighting boots will be supplied separately to all employees approved to carry out fire fighting duties.

 

17.  Tools and Protective Clothing

 

17.1    All tools required by employees shall be provided free-of-charge by Forests NSW, other than in Workshops where a tool allowance is paid.

 

17.2    Approved safety hats shall be provided by Forests NSW and worn as a condition of employment, unless the use of safety hats is specifically exempted by order of the relevant manager.

 

17.3    Where necessary, Forests NSW shall provide all necessary personal protective equipment (eg: masks, goggles, gloves and protective glasses and clothing).

 

17.4    An employee whose clothing is spoiled by acids or sulphur or other deleterious substances, due to the circumstances of his/her employment, shall be recompensed by his/her employer to the extent of his/her loss.

 

17.5    All employees engaged on fire fighting shall be issued initially with two pairs of combination overalls.  Such protective clothing must be worn whilst fire fighting. Replacement of overalls will be on a ‘needs’ basis and employees will be responsible for the laundering of their own overalls.

 

18.  Use of Casuals and Contractors

 

18.1    All employees covered by this Award will, subject to appropriate consultation with the relevant local Union delegate or organiser, agree to work alongside casual employees or contractors engaged to meet short-term demands to maintain efficiencies and to meet specified increased output requirements and productivity levels.

 

18.2    Where the work conducted requires specialist skills, tools, plant or equipment, Forests NSW will consider the provision of training and/or hiring of such plant etc to enable its employees to carry out the work.

 

18.3    Where it is impractical for work to be carried out by employees because specialist skills and/or equipment are unavailable or the timeframe is unacceptable, contractors may be hired to perform the work.

 

18.4    Where work is presently carried out by Forests NSW employees, the parties agree that in order that the issues of contracting out can be fully considered, consultation will take place between Forests NSW and the relevant local Union delegate or organiser prior to initiating any change in the status quo.

 

18.5    For fire fighting and hazard reduction burning, priority will be given to the use of available trained and qualified Forests NSW employees.

 

19.  Contractor’s  Protocol

 

19.1    Where a contractor or sub-contractor is required to carry out work, Forests NSW will:

 

19.1.1            Ensure that all tenders are properly scrutinised to ensure that prospective tenderers would, if successful, pay the appropriate Award rate, provide conditions that comply with the Award and other statutory provisions, and

 

19.1.2            Meet Forests NSW specific standards that include safe working practices and compliance with the Work Health and Safety Act 2011.

 

19.1.3            On becoming aware that a contractor or sub-contractor is in breach of the terms of the contract in relation to wages and conditions, Forests NSW will require the contractor to rectify the situation immediately.

 

19.2    Should the breaches continue, Forests NSW could implement the penalties under the terms of  the contract, which could include terminating the contract if deemed appropriate and necessary.

 

SECTION 4 - TRAVEL ARRANGEMENTS

 

20.  Travel Arrangements

 

20.1    Travelling when away from home base:

 

20.1.1            Time spent travelling (ie: not driving) on official business during ordinary hours of work is regarded as normal duty and is compensated within an employee’s minimum rate of pay as prescribed by Clause 21.  Time spent travelling on official business outside ordinary hours of work will attract additional payment calculated at the employee’s ordinary rate of pay, except travel to another region for the purposes of fire fighting where an employee will be entitled to paid overtime for all hours outside ordinary hours.

 

20.1.2            Where an employee is required to travel in a Forests NSW vehicle outside of normal working hours when away from home base, they shall be paid at the applicable overtime rate for all time outside their ordinary hours, minus the time they would ordinarily travel in their own time to and from home base. Travel will be at the discretion of management and ordinary hours may be adjusted to be compatible with the purpose of travel (for example, to accommodate training courses or meeting requirements).

 

20.2    Accommodation Expenses

 

20.2.1            Overnight Accommodation (When Away From Home On Work Related Business)

 

(1)      Accommodation is to be consistent with the Public Sector requirement that reasonable accommodation at a reasonable cost will be provided.

 

(2)      As a guide, accommodation will be, wherever practicable, one person to a room with en-suite bathroom facilities.  Facilities are expected to be clean and in good order.  The standard will be equivalent to a minimum of the NRMA 3 star definition.

 

(3)      The exception to this guide is for emergency circumstances such as fire fighting.  Management must make all possible endeavours to achieve the guideline however, it must be understood that such accommodation at short notice will often be impossible.

 

(4)      Similarly, in some major fire occurrences, all employees must realise that accommodation will be organised by other agencies and may not be to our normal standard.

 

20.2.2            Reimbursement of Meal Expenses - No Overnight Stay

 

(1)      Expenses incurred by employees when they are required to travel on official business outside their normal working hours without having to remain away from home base overnight and where meals are not provided by Forests NSW, will be reimbursed to the level specified in Appendix 2, Table 2, Item 15.  This entitlement to reimbursement is in lieu of any expenses that may otherwise apply under clause 14.8.  Receipts will not be required to substantiate meal expenditures claimed up to the levels set below.

 

20.3    Reimbursement for Accommodation and Meals - Overnight Stay

 

20.3.1            When an employee is required to work away from home base involving an overnight stay, Forests NSW will either:

 

(1)      make an arrangement with a provider to meet the actual cost of bed and breakfast and a telephone call home by placing an order on the provider; or

 

(2)      provide the employee with a cash advance as provided for in Appendix 2, Table 2, Item 16 to meet the expected cost of accommodation.

 

20.3.2            A cash advance will be made to an employee to cover incidentals and meals, except where Forests NSW arranges payment for meals directly with the provider.

 

20.3.3            Receipts will not be required to substantiate meal expenditures claimed up to the levels set in clause 20.3.2.above.  Expenses incurred over and above these amounts will only be reimbursed where:

 

(1)      Receipts substantiating all the meal and incidental expenses for the period away from home base are provided.

 

(2)      The total meal and incidental expenses for the time away from home base exceed the total amount to which the employee is entitled under clause 20.3.2. above; and

 

(3)      If the expenses incurred are considered by Forests NSW as being reasonable in the circumstances concerned.

 

20.3.4            Costs incurred other than accommodation, meal or incidental expenses (for example, bus or rail fares), will be reimbursed upon production of receipts. However, where practicable, either an appropriate advance or a cab charge facility will be provided.

 

20.3.5            Any extraordinary additional costs incurred at home base and caused directly by the employee being required to travel away from home and remain away overnight will be reimbursed upon production of receipts. Such additional costs might include, for example, emergency childcare.

 

20.4    Camping Expenses

 

20.4.1            Employees required to camp out shall be reimbursed for expenses associated with food, other incidental items and the general hardships of camping as provided for in Appendix 2, Table 2, Item 17.

 

20.4.2            Please note the above allowances are paid as a daily allowance per each overnight stay.

 

20.4.3            The incidental allowance as per Clause 20.3.2. is paid for overnight camping stays as compensation for incidentals incurred (per night away).

 

20.5    These rates will move in accordance with the rates in the Crown Employees (Public Service Conditions of Employment) Award 2009 .

 

SECTION 5 - PAYMENT OF WAGES

 

21.  Payment of Wages

 

21.1    Salary rates

 

Refer to Appendix 1, Rates of Pay.

 

21.2    Pay Period

 

21.2.1            The pay period for ordinary pay shall be the current fortnight.  Adjustments for overtime penalties and allowances will be paid a fortnight in arrears.  Refer to Appendix 1, Rates of Pay.

 

The flexibility provided in this clause allows management to cover most situations to ensure Field Workers are paid on the Thursday following the end of the period on Sunday.

 

21.2.3            This flexibility allows management the option of delaying payment by a fortnight of all overtime earned over the last weekend of the pay period, particularly in the instance of ongoing fire fighting activities.

 

21.3    Payment Method

 

Wages shall be paid into a bank or other account, except in hardship or other exceptional circumstances where payment will be made by cheque subject to cashing facilities being available within twenty-four hours of the employee’s normal pay day, provided further that where the employee’s normal pay day is a Thursday, cashing facilities shall be available by 5.00 p.m. on that day.

 

21.4    Pay Advice

 

By Friday (close of business) of pay week, each employee shall be issued with pay advice showing at least the gross amount of wage and the details of any deductions made from the employee’s earnings, in accordance with Section 123 of the Industrial Relations Act 1996.

 

21.5    Payment on Termination

 

When an employee is terminated by Forests NSW, the employee shall be paid all of the wages due at the time of the employee’s termination.  In the case of resignation, the remainder of any wage due to the employee shall be paid at or before the expiry of notice of resignation.  In the case of any delay beyond the time herein stated, the employee shall be paid at the given wage rate for all working time that the employee is kept waiting.

 

21.6    Performance Pay or Payment by Results

 

Subject to an employee receiving at least the minimum wage rate to which the employee is entitled under this Award, Forests NSW may remunerate employees under any system of payment by results based on rates which are agreed between Forests NSW, the affected employee(s) and the Union.  The terms of such agreements will be subject to consultation with the Union.

 

21.7    Salary Packaging

 

21.7.1            Salary packaging gives employees the discretion to determine the mix of salary and benefits that will constitute their remuneration package.

 

21.7.2            It is recommended that employees wishing to commence salary packaging must obtain independent financial counselling to ensure that their salary package suits their personal and financial requirements.

 

21.7.3            Participation in salary packaging is voluntary. The following benefits are available:

 

(1)      Additional contributions to First State Super;

 

(2)      Additional contributions to a private superannuation fund;

 

(3)      Motor Vehicles (for 100% private use) by way of novated lease; and

 

(4)      Laptop or Notebook computer (business use per ATO rulings)

 

21.7.4            A detailed description is provided in the salary packaging guide on the intranet site or can be obtained from your local office or by contacting Human Resources.

 

21.8    Deduction of Union Membership fees

 

21.8.1            The Union shall provide Forests NSW with a schedule setting out Union fortnightly membership fees payable to members of the Union in accordance with the Union’s rules.

 

21.8.2            The Union shall advise Forests NSW of any change to the amount of fortnightly membership fees made under its rules.  Any variation to the schedule of fortnightly membership fees payable shall be provided to Forests NSW at least one month in advance of the variation taking effect.

 

21.8.3            Subject to 21.8.1 and 21.8.2 above, Forests NSW shall deduct Union fortnightly membership fees from the pay of any employee who is a member of the Union in accordance with the Union’s rules, provided that the employee has authorised Forests NSW to make such deductions.

 

21.8.4            Monies so deducted from employee’s pay shall be forwarded regularly to the Union together with all necessary information to enable the Union to reconcile and credit subscriptions to employees’ Union membership accounts.

 

21.8.5            Unless other arrangements are agreed to by Forests NSW and the Union, all Union membership fees shall be deducted on a fortnightly basis.

 

21.8.6            Where an employee has already authorised the deduction of Union membership fees for their pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

SECTION 6 - CLASSIFICATION STRUCTURE

 

22.  Classification Structure

 

22.1    Classification of Employees

 

22.1.1            The classification of an employee will be determined by the level of responsibility and skill that the employee is required to exercise.  The responsibilities and skills required to be exercised at each level in the classification structure are defined in Appendices 3, 4, 5, 6 and 7 along with relevant promotion criteria for advancement between levels.

 

22.1.2            A casual employee may access advancement to the next pay point within the same grade subject to the provisions at clause 12.5.1(5).

 

22.2    Purpose of Classification Structure

 

22.2.1            All employees agree to the concept of multi-skilling at all levels and recognise that broader job requirements will continue to lead to ongoing elimination of the boundaries between jobs now classified at the same level.

 

The classification structure is designed to:

 

(1)      recognise competencies achieved and used;

 

(2)      group all employees covered by this Award into one of six (excluding  apprenticeship) levels;

 

(3)      allow for career progression through the incremental acquisition and use of skills;

 

(4)      clarify steps in the career progression beyond which a particular established position is filled through a selection process;

 

(5)      allow skill deficits to be readily recognised and training programs developed to bridge "gaps";  and

 

(6)      facilitate the development of Self-Managing Work Teams.

 

22.3    Classification Disputes

 

22.3.1            Employees may seek resolution to disputes regarding classifications by referring matters to the Industrial Relations Manager - Human Resources Division.

 

22.3.2            A Classification Disputes panel/job evaluation panel, functioning as an impartial third party forum, may then be convened to examine any anomalies.  The panel’s role would be to review classifications/gradings based on an agreed position description and make a recommendation on appropriate grading based on formal job analysis and evaluation procedures. Such job analysis/evaluation will be consistent with Department of Primary Industries/Forests NSW job evaluation procedures.

 

Panel composition will be as follows:

 

(1)      a Human Resources representative

 

(2)      two Field Worker representatives (AWU / AMWU)

 

(3)      two local Forests NSW (employer) representatives

 

(4)      Panel composition may be reviewed after 12 months of the award being in effect.

 

(5)      If you wish to refer a classification issue please contact Human Resources.

 

22.4    Higher Duties

 

22.4.1            An employee who, for a temporary period, is required to fully exercise the skills and responsibilities of another position occupying a higher classification level than their ordinary level, will be entitled to receive the appropriate rate applicable to that higher level in the following circumstances:

 

(1)      employees required to perform higher duties in a position classified at or below Level 4, for a full day or part thereof, will be paid at that higher level for the whole day;

 

(2)      employees classified at Level 4 or below, who are required to perform higher duties in a position classified at Level 5 or above, involving supervision, for a continuous period of no less than a full working day, will be paid at entry Level 5.1 for the whole day;

 

(3)      employees classified at Level 5 or above who are regularly and routinely required to perform higher duties, for a cumulative period of at least five full working days over any four (4) week period, will be paid at the appropriate level for those days on which higher duties is performed pursuant to Appendices 3 and 4 of this Award.

 

The appropriate rate will be determined based on the aggregate of the previous experience of the employee in the role.

 

22.4.2            Notwithstanding the above, Forests NSW may, at its discretion:

 

(1)      pay higher duties to employees who are required to perform non-routine functions at a higher level and who are not otherwise entitled to receive a higher duties payment;

 

(2)      pay a partial duties payment to employees who are required to exercise a substantial proportion, but not fully perform, the skills and responsibilities of another position occupying a higher classification level.  Such payment to be commensurate with the proportion of skills and responsibilities exercised at the higher level.

 

22.4.3            An employee proceeding on annual leave or sick leave may continue to receive a higher duties allowance provided that the employee has been regularly and consistently in receipt of the allowance immediately prior to commencing leave and would have been reasonably expected to continue on higher duties but for their absence on leave.

 

22.4.4            If higher duties are performed for an extended period (6 months +) then consultation will take place with the appropriate local Union delegate/official.

 

NB - Where an employee acts in a position each separate period will be counted toward progression through the increments of the grade.

 

However, aggregation does not apply over any break exceeding six months and any period of leave during which the allowance was not paid is not counted in the aggregation.

 

SECTION 7 - FIRE FIGHTING

 

23.  Fire Fighting Duty (Applicable Only to Field Employees Engaged in Fire Fighting Duty)

 

23.1    Definition

 

23.1.1            For the purposes of this clause, fire-fighting duty includes:

 

(1)      Travel to and from the fire, surveillance of a running fire, fire suppression and mop-up (including logistical support, eg: meal delivery, fuel delivery etc), either within or outside normal working hours.

 

(2)      At the completion of mop-up and where subsequent patrol of the fire is undertaken, this will not  be considered as fire fighting.  If, during the course of this patrol, further active mop-up work is required;  eg: use of water or chainsaw work, then this would be paid as fire fighting, provided that a minimum of one (1) hour’s work of this nature has been undertaken.

 

23.1.2            Fire stand-by duty, fire detection (both fire tower operation and mobile fire patrol) outside normal working hours.

 

23.1.3            For the purposes of this clause fire fighting does not include:

 

(1)      hazard reduction burning

 

(2)      travel to and from other Regions to undertake fire fighting

 

(3)      fire detection, both fire tower operation and mobile fire patrol during normal working hours.

 

23.1.4            Note: Hazard Reduction (HR) includes both post harvest and broad area burning. In instances where HR burns have minor breakaways and are contained by the crews initially deployed for the hazard reduction operation, this will not be considered to be fire fighting.  Where it is necessary to report the breakaway to the office requesting additional resources, this will be considered as fire fighting until the breakaway is contained.

 

23.2    Fire Fighting Health and Fitness Agreement

 

23.2.1            In compliance with Forests NSW duty of care, major initiatives have been implemented to improve the fitness standards of Forests NSW employees who are required to undertake fire fighting duties.  These initiatives resulted in the Fire Fighting Health and Fitness Agreement (FFHF).

 

23.2.2            All parties to this award are committed to the principles of fire fighting fitness and are fully committed to implementing the fire fighting health and fitness guidelines as expressed in the FFHF Agreement.  The FFHF agreement is to be read in conjunction with this Award. Participation in the Fire Fighting Health and Fitness program is by consent. It is a process established to ensure all available resources for fire fighting are used in roles that suit their medical condition and level of fitness. It has no bearing on employee’s normal duties.

 

23.2.3            An incentive allowance as provided for in Appendix 2, Table 2, Item 20 will be paid to each permanent fire fighter on passing the Task Based Assessment each fire season. The allowance is an incentive for employees to actively improve their fitness levels to pass both medical and physical tests on an annual basis.

 

23.2.4            Refer to the FFHF Agreement and Guidelines on Forests NSW intranet site for further details.

 

23.2.5            For those Fieldworkers conducting Task Based Assessments, and who hold a certificate in the FFHF task based assessment, will be entitled to an allowance as provided for in Appendix 2, Table 2, Item 21. This allowance will move in line with the Accredited Assessor Allowance.

 

23.3    Roster Allowance

 

23.3.1            Permanent and temporary employees on an on-call roster for on-call, stand-by and fire fighting will be paid a roster allowance as provided for in Appendix 2, Table 1, Item 8. For each week the employee is rostered to be on-call, this allowance per week will be paid.

 

23.3.2            If called out, the minimum payment for recall is 4 hours at the appropriate penalty rate.

 

23.4    Fire Stand-by Duty Outside Normal Working Hours

 

23.4.1            Employees may be required to undertake fire stand-by when the fire season situation requires a high state of readiness.

 

23.4.2            Fire Stand-by Duty will be implemented to enhance Forests NSW state of preparedness and will include fire fighting, as required, the strategic location of Field Workers for fire lookout and to facilitate quick access to fire and work to be performed in accordance with clause 23.4.3 below:

 

23.4.3            Work performed during fire stand-by duty should be designed so as not to be strenuous, ensuring crews are fresh and ready for fire attack; i.e: except in an emergency situation work shall be generally of a minor nature.  Any stand-by duties should enhance the state of fire preparedness.  Work should be located at strategic points to facilitate quick access to fire.

 

23.4.4            Radio, telephone or mobile phone contact must be maintained at all times by work being within hearing distance of either of these communication devices.

 

23.4.5            Fire stand-by duties can be varied to suit the fire situation and related  Work Health and Safety needs.

 

23.4.6            If not so advised within 12 hours of the nominated start time that duty is not required, payment will be two (2) hours at the fire fighting rate (Clause 23.7).

 

23.5    On Call Duties

 

23.5.1            Employees may be required to be on-call and available for fire fighting duties generally during periods of a low state of fire preparedness. 'On-call' provisions are not intended to be, nor should they be seen as, a substitute for fire stand-by duty.

 

23.5.2            It is expected that "on-call" will only apply intermittently and for very short periods (eg: right at the beginning or right at the end of a fire season) and nominated persons will be paid an allowance as provided for in Appendix 2, Table 1, Item 12 when rostered to be "on-call". 

 

23.5.3            If called out, the minimum payment for recall is 4 hours at the applicable penalty rate.

 

23.5.4            For employees on call a vehicle will be provided with limited private use so there is personal flexibility.  Forests NSW will also provide radio/mobile phone/pager as required to ensure the Field Worker 'on-call' can respond and go to work immediately.

 

23.6    Immediate "On-Call": an hourly on call system

 

"On Call" is a system whereby an employee is on a roster to be recalled to work (eg bushfire).  It means staying at home or within a reasonable response time, but being available and fit to attend work if necessary.

 

"Intermediate On Call" where there is a need for additional resources, particularly in times of High to Extreme weather conditions employees may be required to be on "Immediate on call" for a specified period of time by agreement. While on immediate on call employees will be paid 1/3 of their ordinary hourly rate.

 

23.6.1            If called out, the minimum payment for recall will be 4 hours pay at the applicable penalty rate.

 

23.6.2            For employees on call a vehicle will be provided with limited private use so there is personal flexibility. Forests NSW will also provide radio/mobile phone/pager as required to ensure the Field Worker ‘on call’ can respond and go to work immediately.

 

23.7    Minimum Periods - per Overtime Provisions

 

23.7.1            Minimum periods and Meal Breaks (Cribs) will be in accordance with overtime provisions.

 

23.8    Fire Fighting Loading

 

23.8.1            Fire fighting will be compensated by a loading in lieu of the overtime rates and conditions specified in Clause 14 and the benefits associated with ordinary time on duty on Saturdays, Sundays and Public Holidays specified in sub-clause 26.3.

 

23.8.2            The rates for the loading are:

 

Time of Fire Fighting Duty	Loading
During normal working hours Monday to Friday	Time and a quarter
Outside normal working hours, Monday to Friday	Time and three quarters
On Saturdays	First two hours at time and half
	Double time thereafter
On Sundays	Double time
On Public Holidays	Double time and half

 

23.8.3            In applying the above, no employee should revert to a lower loading during a current shift whilst fire fighting.

 

23.8.4            In calculating this loading for casual employees, the time and a quarter loading will be calculated after inclusion of the 24.6% casual loading; whereas all other loadings will be calculated after the inclusion of the 15% casual loading only.

 

23.9    Break from Duty per Overtime provisions 

 

23.9.1            Following completion of duty, an employee shall either:

 

(1)      Be released from resuming ordinary duty for a period of ten (10) consecutive hours; ie: once at home or at alternate accommodation (eg: hotel, motel or camp). This number of hours does not include time spent travelling;  or

 

(2)      If required to resume or continue working without having had a break of ten (10) consecutive hours, excluding travel, shall be paid at the rate of double time until such a break is given.

 

(i)       Where fire fighting for one night results in part or all of the 10 hour break occurring in the next day’s ordinary hours of work there will be no loss of pay for those ordinary hours.

 

(ii)       Fire Fighting for one night will result in payment at ordinary time for any of the 10 hour break which continues into the next day’s ordinary hours of work as per Clause 13.1.

 

(iii)      Fire fighting beyond one continuous night (ie: goes into the second and subsequent nights) will be deemed to be a shift situation.  In this instance, any ten (10) hour break occurring during ordinary hours of work will not be a paid break, provided that when reverting to normal duties (within a normal working week) that each employee will be entitled to a minimum of ten (10) consecutive hours break without any loss of pay for ordinary hours of work occurring during that break.

 

(3)      The above ensures a minimum of 38 hours will be paid at ordinary rates to all employees, other than casuals, even when not worked.

 

23.10   Travel To and From Fires

 

Fire fighting commences from the time the employee leaves home or alternate accommodation, and finishes when the employee returns home or returns to the alternate accommodation (door to door).

 

Note, however, stand-by, patrol and fire tower duty during normal hours is not considered fire fighting and by mutual agreement the break from duty may be reduced to 8 hours. Furthermore the travel to and from work provisions for these duties will be in accordance with the signed workplace agreements.

 

23.11   General Fire Fighting Requirements

 

23.11.1          For fire fighting and hazard reduction burning in Forests NSW, priority will be given to the use of available Forests NSW employees.

 

23.11.2          All employees engaged on fire fighting shall be issued initially with two pairs of fire fighting overalls and one pair of approved fire fighting boots.  Such protective clothing and boots must be worn whilst fire fighting.  Replacement of fire fighting overalls and boots will be on a ‘needs’ basis and employees will be responsible for the laundering of their own clothing.

 

23.12   Meals

 

23.12.1          Forests NSW is committed to providing drinks and nutritious, hot meals of a high standard wherever possible.  Emergency conditions and locations of fires do not always make this possible in which case Forests NSW would provide a satisfactory alternative (eg: combination of sandwiches, hot drinks, cold food, cold drinks, fruit and snack packs).

 

23.12.2          Forests NSW will endeavour to provide meals for the initial (24 hours) attack in fire fighting situations.

 

23.12.3          Forests NSW will provide adequate notice to employees as to whether drinks and food will, or will not be provided by Forests NSW.  For the purposes of this sub-clause, sufficient notice of at least 10 hours will be given prior to the commencement of overtime or such lesser period as is reasonable in the circumstances.

 

23.12.4          Employees, who are directed to work second and subsequent shifts, and have been given reasonable notice to do so, should ensure they provide for themselves adequate food provisions for meal breaks each four (4) hours, for up to a 14-hour shift.

 

23.12.5          In the unlikely circumstance where employees, either through insufficient notice to provide their own meals or where no meal has been provided, need to purchase meals, these employees shall be paid meal allowance as per Overtime provisions.

 

23.13   Accredited Assessors Allowance - Task Based Assessments (FFHF)

 

23.13.1          Field Workers conducting task based assessments associated with the Fire Fighting Health and Fitness Program, who hold a certificate in task based assessment, will be paid an allowance as provided for in Appendix 2, Table 2, Item 21 for time spent in preparation, delivery, assessment and reporting of Task Based Assessments.

 

23.14   Reimburse expenses if recalled for fire fighting when on holidays

 

23.14.1          Forests NSW will reimburse verifiable expenses incurred by an employee and their immediate family if the employee is recalled to duty from leave for fire fighting duties. This may include the cancellation fees for accommodation or travel bookings or the additional costs of travel involved in recalled employee returning separately from his or her family.

 

23.14.2          Expenses will be reimbursed within one month from the date the employee submits their claim. Claims must be supported by evidence of the additional costs incurred.

 

23.14.3          This provision may be waived by agreement.

 

24.  Fire Ground Work - Workshops Employees

 

24.1    Introduction

 

24.1.1            In recognition that Workshop employees may occasionally be required to undertake field-based repairs and service in active fire conditions, the following fire ground loadings will apply. The Workshops Fire Ground Loadings will only be payable in instances where workshops employees are required to undertake emergency repairs and servicing on vehicles and plant that cannot be removed from the immediate, active fire ground (that is, up to and including mop-up stage).  They are not applicable to work undertaken in staging areas, workshops or elsewhere, other than the immediate, active fire ground and travel to and from the active fire ground. Payment is in recognition of the unique adverse conditions encountered in emergency repair and servicing of vehicles and plant in the immediate, active fire ground. Priority will be given to the use of available permanent Forests NSW employees in undertaking this work.

 

24.1.2            The loadings will also have application where workshops employees are directed to provide other on site support to active fire ground operations (up to and including mop-up stage).  Work undertaken on site during back burning operations are also included in this clause.

 

24.1.3            Work directed to be undertaken by Workshops employees on an active fire ground (that is, up to and including mop-up stage) will be compensated by a loading in lieu of the overtime rates and conditions specified in Clause 14 and the benefits associated with ordinary time on duty on Saturdays, Sundays and Public Holidays specified in subclause 26.3.

 

24.2    Fire Fighting Loading

 

24.2.1            The rates for the loading are:

 

Time of Fire Ground Work	Loading
During normal working hours Monday to Friday	Time and a quarter
Outside normal working hours, Monday to Friday	Time and three quarters
On Saturdays	First two hours at time and half
	Double time thereafter
On Sundays	Double time
On Public Holidays	Double time and half

 

24.2.2            In applying the above, no employee should revert to a lower loading during a current shift whilst working on an active fire ground.

 

24.2.3            In calculating this loading for casual employees, the time and a quarter loading will be calculated after inclusion of the 24.6% casual loading; whereas all other loadings will be calculated after the inclusion of the 15% casual loading only.

 

24.2.4            Refer to Clause 25 for On-call Arrangements for Workshops. Where on -call is activated the Fire Ground loading commences from the time the employee leaves home or alternate accommodation, and finishes when the employee returns home or returns to the alternate accommodation (door to door).

 

24.3    Normal Working Hours

 

24.3.1            For the purposes of Clause 24 normal working hours are the ordinary working hours within the span of hours specified for an employee under Clause 13.1.

 

24.3.2            Meal Breaks and Break from duty in accordance with general overtime provisions.  Fire ground meals and the Fire Fighting Health and Fitness Agreement will be in accordance with Field Employees provisions.

 

24.4    Reimburse expenses if recalled for fire fighting when on holidays

 

24.4.1            Forests NSW will reimburse verifiable expenses incurred by an employee and their immediate family if the employee is recalled to duty from leave for fire fighting duties. This may include the cancellation fees for accommodation or travel bookings or the additional costs of travel involved in recalled employee returning separately from his or her family.

 

24.4.2            Expenses will be reimbursed within one month from the date the employee submits their claim. Claims must be supported by evidence of the additional costs incurred.

 

24.4.3            This provision may be waived by agreement.

 

25.  On-Call Arrangements and Allowances - Workshops Only

 

25.1    On-Call Duty

 

25.1.1            Workshops staff will be placed on an on-call roster at each appropriate location.  In the week they are rostered to be on-call, an allowance as provided for in Appendix 2, Table 1, Item 8 will be paid.  If called out, the minimum payment for recall is 4 hours at the appropriate penalty rate.

 

25.2    Expectations Whilst On-Call

 

25.2.1            There is an expectation that Workshops employees will participate in an on-call roster to meet fire season and operational requirements. Fire Ground and operational rosters will include a minimum of three (3) employees to ensure reasonable apportionment of on-call. If there are less than three (3) employees on a roster, such arrangements will be by agreement. Where three (3) or more employees are available to be placed on a roster they will not unreasonably refuse to be placed on a roster (refer to Clause 24 Fire Ground Work - Workshops Employees).

 

25.3    Notice Period

 

25.3.1            Employees will be given reasonable notice of the requirement to be on-call. Roster arrangements will be established two (2) weeks prior to a roster commencing (unless prior arrangements are made). Forests NSW management will make allowances for any special circumstances known in advance (eg: family matters, illness etc.).

 

25.4    Resources while on-call

 

25.4.1            For employees on-call a vehicle will be provided with limited private use so there is personal flexibility.  Forests NSW will also provide radio/mobile phone/pager as required to ensure that employees ‘'on-call'  can respond and go to work immediately.

 

25.5    AC Licence fees and other licence/ certificates

 

25.5.1            Forests NSW requires all workshop employees to hold AC licences and Forests NSW will pay for the cost, including renewals.

 

25.5.2            Forests NSW will pay workshop employees the costs of mandatory NSW WorkCover Authority Licences and Certificates of Competency held by workshop employees that are required by the employer.

 

25.5.3            Forests NSW will pay the costs of licences and certificates as provided for in subclauses 25.5.1 and 25.5.2 on behalf of the employee, subject to the provision of satisfactory evidence that the cost will be incurred, such as licence renewal notice.

 

25.6    Tool Coverage (Workshops only)

 

25.6.1            Employee’s tools, required for Forests NSW duties, stored on Forests NSW premises or secured in Forests NSW vehicles will be covered, in the event of theft, fire or flood by Forests NSW on the proviso that the employee provides a list of their tools to the Workshops Co-ordinator.

 

25.6.2            Employees are responsible for keeping their tool list current and exercising due care in the protection of their tools.

 

25.6.3            Claims must be made in accordance with the requirements of Forests NSW guidelines. Forests NSW reserves the right to investigate any claims and may decline a claim where due care has not been taken.

 

25.6.4            It should be noted that this does not include general wear and tear or mislaid tools which are covered by the tool allowance.

 

SECTION 8 - LEAVE

 

26.1    General Provisions - Ministerial Leave Conditions (MLC)

 

26.1.1            Refer to Regional Office or HR or Forests NSW’s Intranet for a copy of MLC.

 

26.1.2            Where the conditions of the Award are superior to those existing in the MLC, then the conditions of the Award shall prevail.

 

26.1.3            Forests NSW shall be bound by the provisions of the MLC for its employees, subject to the amendments and additions specified in this clause.

 

26.1.4            All leave will be calculated and taken in a minimum of one hour units.

 

26.2    Sick Leave

 

26.2.1            Sick leave will accrue on a calendar year basis, with the full annual entitlement of 15 days paid leave being available from 1 January each year for employees employed as of that date.

 

26.2.2            New employees who commence after 1 January will receive a pro-rata credit for that proportion of the calendar year remaining. Sick leave taken during the first three months of employment will only be paid upon the completion of three months service and following one month’s continuous service without the taking of any sick leave, up to a maximum entitlement of 15 days paid sick leave per annum.

 

26.2.3            Unused sick leave entitlements will accrue, in accordance with MLC.

 

26.3    Public Holidays

 

26.3.1            Payment (to the extent which would ordinarily have been paid had the day been a working day) shall be made for the following days:

 

New Years Day

 

Australia Day

 

Good Friday

 

Easter Saturday

 

Easter Sunday

 

Easter Monday

 

Anzac Day

 

Queen’s Birthday

 

Christmas Day

 

Boxing Day

 

Labour Day

 

whenever celebrated, and all other gazetted holidays proclaimed to operate throughout the State of NSW.

 

26.4    Union Picnic Day

 

26.4.1            The first Monday in August of each year shall be the Union Picnic Day.

 

26.4.2            All Union members shall, as far as practicable, be given and shall take this day as Picnic Day and shall be paid to the extent to which they would ordinarily have been paid had the day been a working day.  Any Union member required to work on this day shall be paid at the rate of double time and a half for not less than four hours work.

 

26.4.3            Members of relevant Unions named in this Award may be required to produce evidence of Union membership (ie: membership ticket).

 

26.5    Recreation Leave Management

 

26.5.1            When an employee has achieved an accrual of thirty (30) days recreation leave (maximum accrual without forfeit is 40 days) their manager or supervisor will discuss the management of that accrued recreation leave with the employee, so that it may be taken at a time which suits the operational needs of Forests NSW and the needs of the individual.  Accrual over 40 days is not permitted without written approval of the Workplace Manager.

 

26.6    Personal Carers Leave

 

26.6.1            Personal/carer's leave is leave which may be granted to employees to provide care and support for a family member as described below, who is sick.

 

26.6.2            Under the personal/carer's leave provisions, paid sick leave and time off in lieu of payment for overtime are specifically for the purpose of caring for the sick family member.  Access to recreation leave and make-up time are facilitative provisions which enable employees to combine paid employment with other responsibilities.  In addition personal/carers leave may be taken as leave without pay.

 

26.6.3            Like sick leave, personal/carer's leave should be managed in a fair and equitable way and mechanisms put in place to monitor sick leave taken as personal/carer's leave.

 

26.6.4            It is important that departments ensure that separate records are maintained for sick leave taken by the employee for their own illness and for a sick family member.

 

26.7    Family and Community Service Leave

 

26.7.1            A department head must grant an employee some or all of the available family and community service leave on full pay to accommodate emergencies or personal or domestic circumstances requiring leave. 

 

26.7.2            Appropriate situations may include but are not limited to the following:

 

(1)      Compassionate grounds such as the death or illness of a close member of the family or a member of the employee's family group living in the same domestic dwelling.

 

(2)      Accommodation matters up to one day such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects.

 

(3)      Emergency or weather conditions such as when flood, fire, snow, earthquake and so on threatens lives or property or prevents an employee from reporting for duty.

 

(4)      Other personal circumstances such as citizenship ceremonies, parent-teacher interviews or attending the child's school for other reasons.

 

(5)      Attendance at court by an employee to answer a charge for a criminal offence, if the department head considers the granting of family and community service leave to be appropriate in a particular case.

 

(6)      Employees who are prevented from attending work at a normal work location due to a major transport disruption.

 

(7)      Employees who are selected to represent Australia or the State as competitors in major amateur sport (other than Olympic or Commonwealth Games).

 

(8)      Employees who hold office in local government other than as a Mayor or President of a council, or chair of a county council, in order to attend meetings, conferences or other duties associated with that office, if those duties necessitate absence during normal working hours.

 

Family and community service leave is not available to casual employees.

 

26.7.3            Definitions:

 

(1)      "Family" or "relative" used here means:

 

(i)       a spouse of the employee; or

 

(ii)       a de facto spouse, being a person of the opposite sex to the employee who lives with the employee as her husband or his wife on a bona fide domestic basis although not legally married to that employee; or

 

(iii)      a child or an adult son or daughter (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 of the spouse or of the 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 a relative of the employee who is a member of the same family group living in the same domestic dwelling.

 

(2)      In this definition:

 

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

 

(ii)       "affinity" means the relationship that one spouse or partner has to the relatives of the other spouse or partner.

 

26.7.4            Paid Leave

 

(1)      Employees working a 5 day week

 

(i)       The maximum amount of family and community service leave on full pay which may be granted is whichever is the greater of:

 

(ii)       2½ working days during the first year of service and 5 working days in any period of 2 years after the first year of service; or

 

(iii)      1 working day for each year of service after 2 years of continuous service

 

(iv)      less any period of short leave or family and community service leave already taken.

 

(2)      Employees working a 6 day week

 

(i)       The maximum amount of family and community service leave on full pay which may be granted is:

 

(ii)       3 working days during the first year of service and 6 working days in any period of 2 years after the first year of service; or

 

(iii)      1 working day for each year of service after 2 years of continuous service

 

(iv)      less any period of short leave or family and community service leave already taken.

 

(3)      Employees working a 7 day week

 

(i)       The maximum amount of family and community service leave on full pay which may be granted is:

 

(ii)       3½ working days during the first 12 months of service and 7 working days in any period of 2 years after the first year of service; or

 

(iii)      1 working day for each year of service after 2 years of continuous service

 

(iv)      less any period of short leave or family and community service leave already taken.

 

26.7.5            Additional Leave

 

If available family and community service leave is exhausted as a result of natural disasters, the department head must consider applications for additional family and community service leave, if some other emergency arises.  For example, on the death of a person defined above additional paid family and community service leave of up to 2 days may be granted to an employee on an individual and situational basis.

 

26.7.6            Other Leave

 

Department heads may grant employees other forms of leave such as accrued recreation leave, time off in lieu, flex leave and so on for family and community service leave purposes.

 

26.7.7            Illness of Family Member

 

In cases of illness of a family member for whose care and support the employee is responsible, the employee may take accrued paid sick leave when paid family and community service leave has been exhausted. For further information see Personal/Carer’s Leave.

 

26.8    Trade Union Training Leave

 

The parties agree that leave be granted in accordance with the MLC as follows:

 

26.8.1            Leave may be granted up to a maximum of twelve (12) working days in any period of two (2) years to employees who are members of registered industrial Unions to attend short training courses or seminars, subject to the following conditions:

 

(1)      that the employer’s operating requirements permit the grant of leave and the employee’s absence does not require the employment of relief staff;

 

(2)      the leave of absence will be granted at ordinary pay, ie: payment is not to include shift allowances, penalty rates or overtime;

 

(3)      leave granted will count as service for all purposes;

 

(4)      expenses associated with attendance at such courses or seminars; eg: fares, accommodation and meal expenses will be met by employee concerned, except where the duration of the course is one day or more requiring an overnight stay, Forests NSW will reimburse the cost of accommodation and meals for one day only.

 

(5)      applications for leave must be accompanied by a statement from the relevant Union that it has nominated the employee concerned for such course or seminar or that it supports their application.

 

(6)      Subject to the maximum prescribed above, leave may include travelling time required during working hours to attend such courses or seminars.

 

26.9    Parental Leave

 

Parental leave includes maternity, adoption leave and "other parent" leave.

 

26.9.1            Maternity leave shall apply to a staff member who is pregnant and, subject to this clause the staff member shall be entitled to be granted maternity leave as follows:

 

(1)      For a period up to 9 weeks prior to the expected date of birth; and

 

(2)      For a further period of up to 12 months after the actual date of birth.

 

(3)      A staff member who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.

 

26.9.2            Adoption leave shall apply to a staff member adopting a child and who will be the primary care giver, the staff member shall be granted adoption leave as follows:

 

(1)      For a period of up to 12 months if the child has not commenced school at the date of the taking of custody; or

 

(2)      For such period, not exceeding 12 months on a full-time basis, as the Department Head may determine, if the child has commenced school at the date of the taking of custody.

 

(3)      Special Adoption Leave - A staff member shall be entitled to special adoption leave (without pay) for up to 2 days to attend interviews or examinations for the purposes of adoption. Special adoption leave may be taken as a charge against recreation leave, extended leave, flex time or family and community service leave.

 

26.9.3            Where maternity or adoption leave does not apply; "other parent" leave is available to male and female staff who apply for leave to look after his/her child or children. Other parent leave applies as follows:

 

(1)      Short other parent leave - an unbroken period of up to 8 weeks at the time of the birth of the child or other termination of the spouse's or partner's pregnancy or, in the case of adoption, from the date of taking custody of the child or children;

 

(2)      Extended other parent leave - for a period not exceeding 12 months, less any short other parental leave already taken by the staff member as provided for in paragraph 1 of this subclause. Extended other parental leave may commence at any time up to 2 years from the date of birth of the child or the taking of custody of the child.

 

26.9.4            A staff member taking maternity or adoption leave is entitled to payment at the ordinary rate of pay for a period of 14 weeks, a staff member entitled to short other parent leave is entitled to payment at the ordinary rate of pay for a period of up to 1 week, provided the staff member:

 

(1)      Applied for parental leave within the time and in the manner determined set out in subclause 26.9.9; and

 

(2)      Prior to the commencement of parental leave, completed not less than 40 weeks' continuous service.

 

(3)      Payment for the maternity, adoption or short other parent leave may be made as follows:

 

(i)       in advance as a lump sum; or

 

(ii)       fortnightly as normal; or

 

(iii)      fortnightly at half pay; or

 

(iv)      a combination of full-pay and half pay.

 

26.9.5            Payment for maternity, adoption or other parent leave is at the rate applicable when the leave is taken. A member of staff holding a full time position who is on part time leave without pay when they start parental leave is paid:

 

(1)      at the full time rate if they began part time leave 40 weeks or less before starting maternity, adoption or other parent leave;

 

(2)      at the part time rate if they began part time leave more than 40 weeks before starting maternity, adoption or other parent leave and have not changed their part time work arrangements for the 40 weeks;

 

(3)      at the rate based on the average number of weekly hours worked during the 40 week period if they have been on part time leave for more than 40 weeks but have changed their part time work arrangements during that period.

 

26.9.6            A staff member who has taken no more than 12 months full time maternity, adoption or other parent leave or its part time equivalent is entitled to be paid at their normal rate (ie the rate at which they were paid before proceeding on parental leave) for another period of such leave regardless of whether they resume their normal hours of work before proceeding on leave for another pregnancy or adoption.

 

26.9.7            Except as provided in subclauses 26.9.4, 26.9.5 and 26.9.6 of this clause, maternity, adoption or other parent leave shall be granted without pay.

 

26.9.8            Right to request

 

(1)      A staff member who has been granted maternity, adoption or other parent leave in accordance with subclauses 26.9.1, 26.9.2 or 26.9.3 may make a request to the Department Head to:

 

(i)       extend the period of unpaid maternity, adoption or other parent leave for a further continuous period of leave not exceeding 12 months;

 

(ii)       return from a period of full time maternity, adoption or other parent leave on a part time basis until the child reaches school age (Note: returning to work from parental leave on a part time basis includes the option of returning to work on part time leave without pay); to assist the staff member in reconciling work and parental responsibilities.

 

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

 

26.9.9            Notification Requirements

 

(1)      When a Department is made aware that a staff member or their spouse is pregnant, or a staff member’s spouse is pregnant or is adopting a child, the Department must inform the staff member of their entitlements and their obligations under the Award.

 

(2)      A staff member who wishes to take parental leave must notify the department head in writing at least 8 weeks (or as soon as practicable) before the expected commencement of parental leave:

 

(i)       that she/he intends to take maternity, adoption or other parent leave, and

 

(ii)       the expected date of birth or the expected date of placement, and

 

(iii)      if she/he is likely to make a request under subclause (h).

 

(3)      At least 4 weeks before a staff member's expected date of commencing maternity, adoption or other parent leave they must advise:

 

(i)       the date on which the maternity, adoption or other parent leave is intended to start, and

 

(ii)       the period of leave to be taken.

 

(4)      Staff member’s request and the Department Head’s decision to be in writing.

 

(i)       The staff member’s request and the Department Head’s decision must be recorded in writing.

 

(5)      A staff member intending to request to return from maternity, adoption or other parent leave on a part time basis or seek an additional period of leave of up to 12 months  (or possible just cross reference back up) must notify the Department Head in writing as soon as practicable and preferably before beginning maternity, adoption or other parental leave. If the notification is not given before commencing such leave, it may be given at any time up to 4 weeks before the proposed return on a part time basis, or later if the Department Head agrees.

 

(6)      A staff member on maternity leave is to notify her department of the date on which she gave birth as soon as she can conveniently do so.

 

(7)      A staff member must notify the department as soon as practicable of any change in her intentions as a result of premature delivery or miscarriage.

 

(8)      A staff member on maternity or adoption leave may change the period of leave or arrangement, once without the consent of the department and any number of times with the consent of the department. In each case she/he must give the department at least 14 days notice of the change unless the department head decides otherwise.

 

26.9.10          A staff member has the right to his/her former position

 

(1)      If she/he has taken approved leave or part time work in accordance with subclause (h), and she resumes duty immediately after the approved leave or work on a part time basis.

 

26.9.11          If the position occupied by the staff member immediately prior to the taking of maternity, adoption or other parent leave has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed to a position of the same grade and classification as the staff member’s former position.

 

26.9.12          A staff member does not have a right to her/his former position during a period of return to work on a part time basis.  If the Department Head approves a return to work on a part time basis then the position occupied is to be at the same classification and grade as the former position.

 

26.9.13          A staff member who has returned to full time duty without exhausting their entitlement to 12 months unpaid maternity, adoption or other parent leave is entitled to revert back to such leave. This may be done once only, and a minimum of 4 weeks notice (or less if acceptable to the department) must be given.

 

26.9.14          A staff member who is sick during her pregnancy may take available paid sick leave or accrued recreation or extended leave or sick leave without pay. A staff member may apply for accrued recreation leave, extended leave or leave without pay before taking maternity leave. Any leave taken before maternity leave ceases at the end of the working day immediately preceding the day she starts her nominated period of maternity leave or on the working day immediately preceding the date of birth of the child, whichever is sooner.

 

26.9.15          A staff member may elect to take available recreation leave or extended leave within the period of maternity, adoption or other parent leave provided this does not extend the total period of such leave.

 

26.9.16          A staff member may elect to take available recreation leave at half pay in conjunction with maternity, adoption or other parent leave subject to:

 

(1)      accrued recreation leave at the date leave commences is exhausted within the period of maternity, adoption or other parent leave

 

(2)      the total period of maternity, adoption or other parent  leave, is not extended by the taking of recreation leave at half pay

 

(3)      When calculating other leave accruing during the period of recreation leave at half pay, the recreation leave at half pay shall be converted to the full time equivalent and treated as full pay leave for accrual of further recreation, extended and other leave at the full time rate

 

26.9.17          If, for any reason, a pregnant staff member is having difficulty in performing her normal duties or there is a risk to her health or to that of her unborn child the Department Head, should, in consultation with the member of staff, take all reasonable measures to arrange for safer alternative duties. This may include, but is not limited to greater flexibility in when and where duties are carried out, a temporary change in duties, retraining, multi-skilling, teleworking and job redesign.

 

26.9.18          If such adjustments cannot reasonably be made, the Department Head must grant the staff member maternity leave, or any available sick leave, for as long as it is necessary to avoid exposure to that risk as certified by a medical practitioner, or until the child is born whichever is the earlier.

 

26.9.19          Communication during maternity, adoption or other parent leave

 

(1)      Where a staff member is on maternity, adoption or other parent leave and a definite decision has been made to introduce significant change at the workplace, the Department shall take reasonable steps to:

 

(i)       make information available in relation to any significant effect the change will have on the status or responsibility level of the position the staff member held before commencing maternity, adoption or other parent leave; and

 

(ii)       provide an opportunity for the staff member to discuss any significant effect the change will have on the status or responsibility level of the position the staff member held before commencing maternity, adoption or other parent leave.

 

(2)      The staff member shall take reasonable steps to inform the Department Head about any significant matter that will affect the staff member’s decision regarding the duration of maternity, adoption or other parent leave to be taken, whether the staff member intends to return to work and whether the staff member intends to request to return to work on a part time basis.

 

(3)      The staff member shall also notify the Department Head of changes of address or other contact details which might affect the Department’s capacity to comply with paragraph (1).

 

26.10   Casual Leave Entitlements

 

Casual employees shall receive the following entitlements in accordance with the Crown Employees (Public Service Conditions of Employment) Award 2009 :

 

26.10.1          Unpaid Parental Leave in accordance with Clause 12.5.4 of the Crown Employees (Public Service Conditions of Employment) Award 2009.

 

(1)      Casual employees are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996. The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996.

 

The Department Head must not fail to re-engage a regular casual employee (see section 53(2) of the Industrial Relations Act 1996) because:

 

(i)       the employee or employee's spouse is pregnant; or

 

(ii)       the employee is or has been immediately absent on parental leave.

 

(2)      The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

26.10.2          Personal Carer’s Entitlement in accordance with Clause 12.6 of the Crown Employees (Public Service Conditions of Employment) Award 2009:

 

(1)      Casual employees are entitled to not be available to attend work, or to leave work if they need to care for a family member (as described below) who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child. This entitlement is subject to the evidentiary requirements set out below in (iv), and the notice requirements set out in (v).

 

(2)      The Department Head 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 employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(3)      A Department Head must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

 

(4)      The casual employee shall, if required;

 

(i)       establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

(ii)       establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

(iii)      In normal circumstances, a casual employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

 

(5)      The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of the absence.

 

A family member for the purposes of Paragraph 2 (i) above is:

 

(i)       a spouse of the staff member; or

 

(ii)       a de facto spouse being a person of the opposite sex to the staff member who lives with the staff member as her husband or his wife on a bona fide domestic basis although not legally married to that staff member; or

 

(iii)      a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the staff member or of spouse or of defacto spouse of the staff member; or

 

(iv)      a same sex partner who lives with the staff member as the defacto partner of that staff member on a bona fide domestic basis; or a relative of the staff member who is a member of the same household, where for the purposes of this definition:-

 

"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

"affinity" means a relationship that one spouse or partner has to the relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

26.10.3          Bereavement entitlement in accordance with Clause 12.7 of the Crown Employees (Public Service Conditions of Employment) Award 2009 ;

 

(1)      Casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a family member on production of satisfactory evidence (if required by the employer).

 

(2)      The Department Head 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 employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(3)      A Department Head must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

(4)      The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of the absence."

 

26.11   Extended Leave Entitlements

 

26.11.1          Definition of "service"

 

(1)      "Service" includes:

 

(i)       in the case of an employee or temporary employee who has completed at least 10 years’ service-any period of leave without pay, not exceeding 6 months, taken after 13 December 1963, and

 

(ii)       service occurring before the commencement of this part, including service of the kind referred to in paragraph (i).

 

(2)      Subject to clauses 26.11.2.(3) and 26.11.3(3), for the purpose of determining whether or not an employee or temporary employee has completed at least 10 years’ service, as referred to in subclause 26.11.1.1 (i), the employee’s or temporary employee’s period of service is taken:

 

(i)       to include any period of leave without pay taken before 13 December 1963, and

 

(ii)       to exclude any period of leave without pay taken after 13 December 1963.

 

(3)      Note: 13 December 1963 was the date of assent to the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963.

 

26.11.2          Leave entitlements generally

 

(1)      After service for 7 years or more but not more than 10 years, an employee or temporary employee is entitled to extended leave, proportionate to his or her length of service, calculated at the rate of:

 

(i)       2 months on full pay, or

 

(ii)       4 months on half pay, or

 

(iii)      one month on double pay, for 10 years served.

 

(2)      After service for more than 10 years, an employee or temporary employee is entitled to extended leave under subclause (1) in respect of the first 10 years and additional extended leave, proportionate to his or her length of service, calculated at the rate of:

 

(i)       5 months on full pay, or

 

(ii)       10 months on half pay, or

 

(iii)      2.5 months on double pay,

 

for each 10 years served after the first 10 years.

 

(3)      For the purposes of this clause, "service" includes any period of leave without pay taken before 13 December 1963.

 

26.11.3          Entitlement to leave if employment terminated in special circumstances

 

(1)      This clause applies to an employee or temporary employee with at least 5 years’ service but less than 7 years’ service whose services are terminated:

 

(i)       by the employee or temporary employee, for reasons of illness, incapacity or domestic or other pressing necessity, or

 

(ii)       by the Crown, the Governor or the appropriate Department Head, for reasons other than the employees or temporary employee’s serious and intentional misconduct.

 

(2)      The employee or temporary employee is entitled to:

 

(i)       for 5 years’ service, one month’s leave on full pay, and

 

(ii)       for further service in excess of 5 years, additional leave proportionate to the employees or temporary employee’s length of service (up to but not including 7 years), calculated at the rate of 3 months’ leave for 15 years’ service.

 

(3)      For the purposes of this clause, "service" does not include any period of leave without pay, whether taken before, on or after 13 December 1963.

 

26.11.4          Payment of accrued leave on termination of employment

 

(1)      If an employee or temporary employee has acquired a right to extended leave and his or her services are terminated, the employee or temporary employee may not take the extended leave but is instead to be paid the money value of the extended leave.

 

(2)      Any pension to which any such employee or temporary employee is entitled under the Superannuation Act 1916 commences from and including the date on which the employees or temporary employee’s extended leave, if taken, would have commenced.

 

26.11.5          Leave to be paid out to dependants in cases of death

 

(1)      If an employee or temporary employee has acquired a right to extended leave and dies before starting it, or after starting it dies before completing it:

 

(i)       the employee’s or temporary employee’s spouse, or

 

(ii)       if there is no such spouse, the employee’s or temporary employee’s children, or

 

(iii)      if there is no such spouse or child, the person who, in the opinion of the appropriate Department Head, was, at the time of the employee’s or temporary employee’s death, a dependent relative of the employee or temporary employee, is entitled to receive the money value of the extended leave not taken or not completed.

 

(2)      If an employee or temporary employee with at least 5 years’ service but less than 7 years’ service dies:

 

(i)       the employee’s or temporary employee’s spouse, or

 

(ii)       if there is no such spouse, the employee’s or temporary employee’s children, or

 

(iii)      if there is no such spouse or child, the person who, in the opinion of the appropriate Department Head, was, at the time of the employee’s or temporary employee’s death, a dependent relative of the employee or temporary employee,

 

is entitled to receive the money value of the extended leave that would have accrued to the employee or temporary employee had his or her services terminated as referred to in clause 26.11.3 (1).

 

(3)      If there is a guardian of any child referred to in subclause 26.11.5 (1)(ii) or 26.11.5(2)(ii), the payment to which the child is entitled may be made to the child’s guardian for the child’s maintenance, education and advancement.

 

(4)      If:

 

(i)       no person is entitled to receive a payment under subclause 26.11.5.1 or 2.11.5.2, or

 

(ii)       it appears to the appropriate Department Head that more than one person is entitled as a spouse to a payment under subclause 26.11.5.1 or  26.11.5.2,

 

the payment must instead be made to the employee’s or temporary employee’s personal representatives.

 

(5)      Any payment under this clause is in addition to any payment due under any Act under which superannuation benefits are paid.

 

(6)      In this clause, "spouse" of an employee or temporary employee includes a person with whom the employee or temporary employee had a de facto relationship (within the meaning of the Property (Relationships) Act 1984 ) at the time of his or her death.

 

26.11.6          Certain periods to be disregarded

 

(1)      Any period during which an employee or temporary employee is not employed, as referred to in clause 3 (2) of Schedule 3Aof the Public Sector Employment and Management Act 2002, is to be disregarded for the purpose of calculating his or her extended leave entitlement.

 

26.11.7          Leave entitlement reduced by leave already taken or paid out

 

(1)      The following amounts of extended leave are to be deducted from an employee’s or temporary employee’s extended leave entitlement:

 

(i)       for each period of extended leave taken on full pay-the number of days (or parts of a day) so taken,

 

(ii)       for each period of extended leave taken on half pay-half the number of days (or parts of a day) so taken,

 

(iii)      for each period of extended leave taken on double pay-twice the number of days (or parts of a day) so taken,

 

(iv)      for each period of extended leave in respect of which the employee or temporary employee has been paid the money value-the number of days of extended leave on full pay that is equivalent to the money paid.

 

(2)      If a public holiday occurs while an employee or temporary employee is taking extended leave, the amount of extended leave to be deducted is to be reduced by the length of the holiday (one day or half a day, as the case may be).

 

(3)      In subclause (2), "public holiday" means any special or public holiday for which the employee or temporary employee is entitled to payment.

 

26.11.8          Extended leave may be postponed for temporary employees.

 

(1)      If the period of extended leave to which a temporary employee is entitled under this Schedule exceeds the period for which the employee is employed under this Act, the balance of the period of extended leave may be taken during subsequent periods of employment in the Public Service, but only if each subsequent period of employment commences on the termination of a previous period of employment in the Public Service.

 

All other provisions concerning extended leave not covered above will be in accordance with the provisions of the MLC.

 

SECTION 9 - MISCELLANEOUS

 

27.  Miscellaneous

 

27.1    Temporary Relocation

 

27.1.1            Reorganisation within Forests NSW along with a shift in work areas necessitated through land management transfer to other agencies such as NPWS will require temporary transfer of employees from time to time.

 

27.1.2            The underlying principle in such cases will be to give full consideration to individual circumstances and preferences, with identification of volunteers through mutual agreement preferred to supervisor selection of employees to work away from home.  Management will ensure maximum notice is given for a temporary transfer with a minimum of: -

 

(1)      Seven (7) calendar days notice for up to two (2) weeks transfer

 

(2)      Ten (10) calendar days notice for two (2) to four (4) weeks transfer, and

 

(3)      Fifteen (15) calendar days notice for over four (4) weeks transfer

 

27.1.3            Return to home will be provided, if required, each weekend while on transfer.

 

27.1.4            Applications can be made to return each week-end by workshops staff on an "as needs/compassionate" basis and the Workshops Manager will give consideration to such requests.

 

27.1.5            Employees permanently transferring between locations within FNSW will be entitled to the provisions of the Crown Employees (Transferred Employees Compensation) Award 2009.

 

28.  Inclement Weather

 

28.1    Definition

 

For the purposes of this clause, inclement weather means wet weather or abnormal climatic conditions such as hail, cold, high winds, severe dust storms, extreme high temperature or any combination thereof.

 

28.2    Continuation of Work

 

28.2.1            Appropriate productive work will be carried out during inclement weather conditions, provided appropriate protective clothing of a high standard suited to local conditions is issued.  Decisions on working during inclement weather will rest with the supervisor and, where they exist, by self-managing work teams, consistent with the Work Health and Safety Act  2011 and Work Health and Safety Regulation  2011:

 

(1)      In forest Regions, where there are appropriate functions that can be undertaken during inclement weather, then these functions will be undertaken or continue to be undertaken.

 

(2)      Workshop employees will carry out fieldwork away from normal facilities and under inclement weather conditions as determined by the employee on the job in conjunction with the Workshop Manager.

 

(3)      Nursery employees will work during inclement weather on both production and customer service, provided that appropriate protective clothing is supplied.

 

29.  Consultation Clause

 

29.1    The parties to the Award agree to an ongoing consultation process involving management, employees and the unions regarding organisational, work methods and/or technological change of any directorate, region or business unit which has an impact upon employees covered by the Award.

 

29.2    It is recognised that the parties can contribute valuable ideas in the process of change.

 

29.3    The parties agree that the consultation process shall not be used as a basis to delay the introduction of change.  Any dispute arising from the implementation of this clause shall be dealt with in accordance with Clause 9 Grievance and Dispute Resolution.

 

30.  Delegates Rights

 

30.1    FNSW recognises the rights of employees to elect union delegates as their representative for the purposes of this Award.

 

30.2    FNSW will not victimise an employee because the person is or is proposing to become a union delegate.

 

30.3    The delegate will have access to a notice board for the purpose of posting notices and announcements relating to the Unions' activities, provided that such notices are relevant to the site or the union. 

 

30.4    The union delegates will have reasonable access to a computer for word-processing purposes, email, telephone, a photocopier, facsimile machine and a private meeting room, if and when necessary.

 

30.5    Union delegate(s) will be allowed to undertake the following activities without deduction of ordinary time earnings for:

 

30.5.1            consultation with recognised or accredited union official, on any significant workplace change including conditions of employment, subject to the supervisor or manager being notified;

 

30.5.2            where FNSW is involved in any industrial proceedings (whether at the Commission or workplace or with Government representatives) that directly affects the area or employee(s) that the union delegate(s) represent, the delegate(s) will be permitted to attend such proceedings and have reasonable preparation time as required;

 

30.5.3            after notification by the Union of the employee being elected as an Executive Member or in a vocational or industry committee; the employee may attend relevant meetings, either interstate or in NSW,  subject to prior notification with management and where operational requirements allow for the taking of such time;

 

30.5.4            the opportunity to attend the annual branch conference of the Union subject to the delegate’s absence will not unreasonably interfere with normal work operations and that prior approval is sought;

 

30.5.5            presenting information with the Union official if available, on the Union(s) and Union(s) activities at induction sessions for new employees, subject to prior notification with management and where operational requirements allow for the taking of such time;

 

30.5.6            attendance at meetings called by Unions NSW involving the Union(s) which requires attendance of delegate(s); subject to prior notification with management and where operational requirements allow for the taking of such time;

 

30.5.7            reasonable travelling time to and from the location for where the delegate(s) are required for the purposes of this clause.

 

30.6    Representation at the Joint Consultative Committee and Award negotiations will be discussed and agreed to by the parties.

 

31.  Area, Incidence and Duration

 

31.1    This Award applies to all classifications listed in Appendices 3, 4, 5, 6 and 7 attached to this Award employed by Forests NSW a public trading enterprise division of the Department of Primary Industries within the NSW Department of Trade and Investment, Regional Infrastructure and Services under Schedule 1, Part 3, Special Employment Division of the Public Sector Employment and Management Act 2002.

 

31.2    This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the "Forestry Commission Division Trading as Forests NSW Crown Employees Fieldwork and Other Staff Award 2010-2012 published 9 September 2011 (371 I.G. 735).

 

31.3    The changes made to the award pursuant to the Award Review under 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 IG 359) take effect on and from 30 March 2012.

 

31.4    This award will  remain in force until 30 June 2012 this being the term of the original Award.

 

APPENDIX 1

 

RATES OF PAY

 

The minimum weekly rates for full-time employees covered by this Award are:

 

Classification Rate	From First Full Pay Period on or after 1 July 2011 4% p.a. increase
	Weekly Wage
	$
1	758
2	782
3.1	813
3.2	817
4.1	853
4.2	869
4.3	889
4.4	905
5.1	942
5.2	962
5.3	971
6.1	1,066
6.2	1,099
6.3	1,129
6.4	1,159

 

Divisional Commander will be paid at the weekly equivalent of:

 

	From First Full Pay Period on or after 1 July 2011
Annual Rate	72,918 pa
Weekly equivalent	1,397 pa

 

APPENDIX 2

 

ALLOWANCES

 

Past Entitlements Preserved within this Award (Grandfathered Entitlements):

 

First-aid

 

Distant places

 

Western allowance

 

Definition of Allowances:

 

"Accredited Assessor Allowance" The allowance paid by Forests NSW for nationally accredited assessors will be as provided for in Item 22 of Table 2.  This payment will be received for time spent in preparation, delivery, assessment and reporting of accredited courses.

 

This allowance is payable to nationally accredited assessors who deliver training. It is not restricted to nationally accredited courses but rather has application to any external or Forests NSW courses which result in some form of qualification or accreditation, with the exception of back care (ie those delivering back care training will receive the allowance for the life of this award). The parties agree to review the operation of this clause during the life of the award.

 

"Accredited Assessors Allowance - Task Based Assessments (FFHF)" Field Workers conducting task based assessments associated with the Fire Fighting Health and Fitness Program, who hold a certificate in task based assessment, will be paid an allowance as provided for in Item 21 of Table 2 for time spent in preparation, delivery, assessment and reporting of Task Based Assessment s.

 

This allowance will move in line with the general Accredited Assessors Allowance.

 

"Allowance for dealing with protestors" Where protestors are disrupting forestry operations and Forests NSW appoints an employee to supervise and control the incident, the employee shall be paid an allowance to the divisional commander rate as set out in Appendix 1 on a higher duties basis as provided for in cl.22.4.

 

"Chemical Handling and Working with Bitumen/ Sealing Allowance" An allowance as provided for in Item 10 of Table 1 is payable to those employees directed to use pesticides and herbicides who are accredited chemical users and shall also apply to employees engaged in sealing and working with bitumen where they are required to wear full protection, ie: all of the following; face shields, overalls, elbow length gloves and boots for the application of pesticides and/ or herbicides.

 

"Divisional Commander" An employee who is appointed as a divisional commander to supervise and control a wildfire or incident on behalf of by Forests NSW, will be paid an allowance to the divisional commander rate as set out in Appendix 1 on a higher duties basis as provided for in cl.22.4.

 

"Tool Allowance" All tools required by employees shall be provided free of charge by Forests NSW, other than in Workshops where a tool allowance shall be paid to trades persons as provided for in Item 1 of Table 1 to cover the cost of work-related tools. This allowance is linked to movement in the Skilled Trades Award.

 

"Working in Sludge" Those engaged in the handling and spreading of sewerage sludge on a given Forests NSW area will receive, for the period of application only, an allowance as provided for in Item 9 of Table 1.

 

NB:

 

Workshops Allowances with the exception of "First Aid" and "Applying Obnoxious Substances", are linked to movement in the Crown Employees (Skilled Trades) Award.

 

"Applying Obnoxious Substances" is linked to movement in the General Construction and Maintenance, Civil and Mechanical Engineering and C (State) Award (or an award replacing that award), as there is no comparable allowance under the Crown Employees (Skilled Trades) Award.

 

Table 1 - Wage Related Allowances

 

Workshop Employees
Item		Clause or Appendix No:	Allowance	From the beginning of the first full pay period
				on or after1 July 2011
1		Appendix 2	Tool Allowance -	$27.90 per week
			Tradespersons
2		Appendix 2	Confined spaces	$0.87 per hour
3		Appendix 2	Height money	$0.69 per hour
4		Appendix 2	Tower allowance	$0.69 per hour
			Above 15 metres	$0.69 per hour
			Above each
			additional 15
			metres
5		Appendix 2	Spray Painting	$0.67 per hour
			Application
6		Appendix 2	Applying	$0.84 per hour
			obnoxious
			substances
7		15.4 &	First-aid	$14.70 per week
		Appendix 2
8		25.1	On-Call Duty /	$133 per week
			Weekly On Call
			Roster
Field Workers
Item	Clause or Appendix No:		Allowance	From the beginning of the first full pay period
				on or after1 July 2011
9	Appendix 2		Working in Sludge	$0.96 per hour
10	Appendix 2		Chemical Handling	$14.40 per day
			and Working with
			Bitumen/ Sealing
11	15.4 and		First aid	$14.70 per week
	Appendix 2
12	23.3, 23.5		Weekly On Call	$133 per week
	and		Roster
	Appendix 2
13	23.6		Immediate on Call	1/3rd ordinary hourly rate

 

Table 2 - Expense Related Allowances including Travel Arrangements

 

Item	Clause or		Allowance			Allowances as
	Appendix					at 1 July 2011 and
	Number					adjusted in
						accordance with
						Cl. 20.5
14	14.8		Meal Allowance for Overtime
			Breakfast Allowance:			$26.45
			When required to start work before 6.00am.
			Lunch Allowance:			$26.45
			For overtime required to be worked after 1.30pm on
			Saturdays, Sundays or Public Holidays.
			Dinner Allowance:			$26.45
			When required to work after 6.00pm.
15	20.2.2 (1)		Reimbursement of Meal Expenses - No Overnight Stay
			Breakfast Expenses: When travel starts
			before 6.00am			$23.65
			Lunch Expenses: When the staff member is unable to have
			lunch at his/her normal workplace			$26.55
			Dinner Expenses: When work or travel goes beyond
			6.30pm			$45.60
16	20.3.2(1)		Reimbursement for Accommodation and Meals -
			Overnight Stay
			Breakfast (if not included in the accommodation charge)			$23.65
			Lunch (if not included in the accommodation charge)			$26.55
			Dinner in the country ((if not included in the
			accommodation charge)			$41.65
			Dinner in the city (if not included in the accommodation
			charge)			$45.60
			Incidental allowance (per night spent away)
						$20.30*** per
						night
						***NB fixed rate
						until Incidental
						Allowance
						applicable
						within the NSW
						Public Sector
						exceeds this rate.
17	20.4.1		Camping Expenses:
			(a) When camping at an established camp where facilities			$28.55 per night
			such as cubicles, a wash house and a kitchen are already set up.
			(b) When camping at a non-established camp (which
			includes caravans), or where facilities must be set up by the			$37.55 per night
			employee.
			(c) To cover the cost of hiring additional equipment
			which Forests NSW is unable to supply.			$28.20 per night
			(d) When the employee supplies their own sheets,
			blankets or sleeping bag.			$4.70 per night
			(e) When employee camps for more than 40 days.			$9.00 per night
	20.4.3		Incidental allowance is paid for overnight camping stays as			$20.30*** per
			compensation for incidentals incurred (per night spent away)			night
						***NB  fixed rate
						until Incidental
						Allowance
						applicable within
						the NSW Public
						Sector exceeds
						this rate.
18	16.2.1		Boots		$283.00 per year
19	Appendix		Kilometre rate
	2		Should Forests NSW be unable to provide transport and where no public transport
			is available to transport an employee from his/her residence to their headquarters,
			depot or centre, or if an employee is required to report at a place other than their headquarters, depot or centre, then Forests NSW shall pay the employee an
			allowance according to the following scale, viz; where the distance from their
			residence to the centre or such place is:
			Kilometres
			3 - 10		$4.30 per day
			10 - 20		$11.60 per day
			20 - 30		$14.90 per day
			30 - 40		$21.30 per day
			40+		$24.00 per day
Headquarters, depot or centre means the place where the employee reports for work.
Fire Fighting Fitness Incentive Payment and Accredited Assessors Allowance
20		23.2.3	Fire Fighting Incentive	$272 per annum
21		Appendix,	Accredited Assessor -	$7.39 per hour
		2
		23.2.5 and	Task Based Assessments
		23.13.1	(FFHF)
22		Appendix	Accredited Assessor	$7.39 per hour
		2

 

APPENDIX 3

 

STATEMENT OF RESPONSIBILITY LEVELS AND PROMOTIONAL CRITERIA

 

For an employee to be graded to a higher position than the generic level, the position description must be evaluated by the Classification Committee.

 

Forests NSW will make available to the workforce appropriate training to facilitate advancement through the classification structure.

 

LEVELS 1 & 2
Responsibility	An employee at Level 1 or 2 will:
	generally work under direct supervision be responsible for identifying
	and solving minor problems which occur in the workplace be required
	to work to predetermined standards and outcomes be responsible for
	keeping their own work area safe and clean show awareness for the
	relevant Forest Practices Codes
Promotional Criteria	Level 1
	Six (6) months induction process (within 7 days) and Induction
	Program.
	Promotion to Level 2 on satisfactory completion and satisfactory
	attendance and performance history.
	Level 2
	Eighteen (18) months Employee Development Program
	Promotion to Level 3.1 within 18 months on satisfactory completion
	and satisfactory attendance and performance history.
LEVEL 3
Responsibility	An employee at this level will operate under general direction for the
	whole job.  Individual tasks will be completed according to clear, set
	procedures and standards.  An employee will be responsible for the
	quality of work within these limits.
	The employee will also be responsible for identifying and solving
	problems which occur in the work process the Level 3 worker is
	directly responsible for, and for identifying and reporting problems
	outside own work process.
	3.2 Co-ordinator
	responsible for provision of the co-ordination of work performed by a
	small group and on-the-job training (non-accredited) for that small
	group; knowledge and understanding of relevant Forest Practices
	Codes.
Promotional Criteria	An employee remains at Level 3.1 until capable of effectively
	performing through assessment or appropriate certification the tasks
	required of the next level so as to enable progress as a position
	becomes available.
	The promotion by merit principle will apply in all cases.
LEVEL 4
Responsibility	An employee at this level will operate under general direction for the
	whole job.  In completing individual tasks an employee will work to
	set standards.  An employee will be responsible for the quality
	of work in own area.
	The employee will also be responsible for identifying and solving
	problems which occur in the work process the Level 4 worker is
	directly responsible for, and by themselves or with others, identifying,
	reporting or solving problems outside their work area.
	The employee is responsible for application of relevant Forest
	Practices Codes and Regulatory requirements.

 

LEVEL 5
Responsibility		An employee at this level has greater responsibility than at Level 4 in
		that the employee may be responsible for the work of others through
		the monitoring role.  The employee will be responsible for work
		outcomes regarding quantity and quality in own area, including own
		work and the work of others. The employee may be required to train
		small groups on-the-job (non-accredited) and/or assess competency
		of workers in the tasks they perform. They will be responsible
		for WH&S of those under his control.  An employee at this level
		will be required to exercise judgement in the planning and
		carrying out of work.
		An employee at this level is required to ensure application of
		relevant Forest Practices Codes and Regulatory requirements.
		The employee will also be responsible, with others, for identifying
		and solving problems in their work areas, if supervising others for
		initiating, co-ordinating and monitoring problem-solving in own
		work area, for identifying and reporting problems in other work areas
		where they affect activity in own work area.
Promotional Criteria	Level 5.1 is the Supervisor Entry Level and Probationary Period,
	however, initial appointment can be made at a higher level depending
	on competencies and relevant experience.
	Within 12 months, training will be provided as detailed in Note 18.
	Rangers - may progress to Level 5.2 or 5.3 dependent on the role of
	their position after 12 months experience at 5.1 and being accredited
	in the training subjects, and displaying satisfactory attendance and
	performance history.
	Works - will progress to Level 5.2 dependent on satisfactory
	completion of training and satisfactory attendance and performance
	history and 12 months experience at 5.1.
	Progress to 5.3 is dependent upon satisfactory attendance and
	performance history and 12 months experience at 5.2.
	Harvesting - Plantations
	as for "Works".
	Harvesting - Native Forests
	Progress to levels as determined by position evaluation, after 12
	months experience at 5.1, satisfactory completion of training and
	satisfactory attendance and performance history.
Promotional Criteria	An employee remains at this level until capable of effectively
	performing through assessment or appropriate certification the tasks
	required of the next level so as to enable progress as a position
	becomes available.
	Promotion to levels above 5 on merit principle in all cases.

 

LEVEL 6
Responsibility	Will be as determined by position description.
Promotional Criteria	Promotion within Level 6 on merit principle in all cases.
	An employee at level 6 may be graded to a higher position within
	this classification than their generic level as indicated in Appendix 4
	by evaluation of their position description.

 

APPENDIX 4

 

FIELDWORKER CLASSIFICATIONS

 

(does not include Research, Nurseries or Mechanical Trades Staff)

 

Level			Job Title and Competencies Required					Responsibility		Notes
			Compulsory		Job Specific
1.			Employee Induction 1		Survey (Road &			Level 1 & 2:		1. Employee
					Precision)			Workers will		Induction
					Field Hand			generally work under		Process within 7
					Chemical Handling			direct supervision		days
					Boat (River) Skills			(see Appendix 3 )
2.			Employee		Crane Chaser					Employee
			Development 2							Induction
					Fire Tower					Program
					Operator					within 6 months,
					First Aid(Accredited)					and must include:
					Tree Disease 4					- WH&S (Level 1)
					Noxious Plants 4					- Fire fighter
										(Level 1)
3.1 3			Level 1 & 2 Plus:		Noxious Animals 4			Level 3.1:  (see		- First Aid (Non-
			4WD Operator		Generators, Mowers,			Appendix 3 )		Accredited)
			(Light)		Power					- Aircraft
			Pump & Foam							Awareness
			Chainsaw		Tools, Herbicide					- Environmental
			Crosscut(Level 1)							Care
			and/or Simple Tree		Sprayers/					- Basic
			Felling (Level 2) OR							Communication
			Brushcutter		Applicators, Nursery					- Backcare
			and job		Implements, Tar					2. Employee
			specific		Sprays, compressor,					Development
					jack hammer, wacka					within 18 months
					packa, etc.					and must include:
					Flora or Wildlife					- 4WD (Light)
					Identification &					- Pumps and Foam
					Survey Techniques5					- Chainsaw
					Hand Tool Work, eg:					Crosscut
					pipe laying, sump					(Level 1) / Simple
					cleaning, scrubbing					Tree
					Tallyman,					Felling (Level 2),
					Prescribed Burning					OR
										Brushcutter
					- SPD SPECIFIC
					(for those in plantation					3. At the discretion
					works gangs) must					of the Workplace
					have:					Manager, a Field
					- Select Trees, Pruning					Worker may be
					from Ground or					graded 3.1 without
					Ladder, Planting,					meeting ALL the
					Chemical Handling					compulsory
					(as appropriate to					competencies.
					fertilising and					4. Simple
					application of					Identification
					herbicides by hand					and Control
					and mechanical
					means)					5. Non-Accredited
					SPD Specific -					6. 3.2 Co-ordinator
					additional silvicultural					position is used as
					competencies,					HDA when regular
					- Fertilising by hand or					supervisor is
					machine					absent for periods
					- Release trees/control					of less than 1 day.
					weeds
					- Conduct non-					If supervisor is
					commercial thinning					frequently absent
					operations					from the job site
					- Tree selection,					for periods of less
					marking & tracking for					than 1 day on a
					harvesting (minor					regular basis, the
					instruments, no FS&W					position should be
					accreditation & no					permanent 3.2
					inventory work)					(with Basic
										Supervisor
										Training).
					Pine Seed Orchard
					Field Hand
3.2			Level 3.1 Plus:					Level 3.2:		7. With FS&W
								Intermittently		accreditation,
			• Map Reading					responsible for		inventory work &
			• Knowledge&					provision of the co-		complex
			understanding of					ordination of work		instruments
			relevant Forest					performed by a small		required.
			Practices Codes OR					group and on-the-job
			Level 3.1.  Plus					training(non-		8. Requires LR
			Chainsaw Advanced					accredited) for that		Licence only.
			(Level 3)					group.6
										9. Some require
										MR Licence and
										FS&W  Roading
										(Operator)
										- All require
										Environmental
										Awareness
										(operator)
4.1	Level 3.1 Plus any of				- Map Reading				Level 4.1:	- Includes towed
	the job specific				- Tree Marking and				(See Appendix 3)	implements,
	competencies.				Tracking7				Application of	trailers and
									relevant
					- Planting Machine				Forest	powered
					- Light Truck 8				Practices Code.	implements/
					- Fork Lift					attachments.
					- Incendiary
					Machine Operator
					- FLIR Operator
					Plantations
					Flora or Wildlife
					Identification and
					survey techniques
					(accredited)
					Forest Plotting
					Marvl Inventory
					4WD Heavy
4.2	Level 3.1 Plus				Native Forests:				Level 4.2:	10. Requires map
	Operator, any of 9 Fire				Flora or Wildlife				As for 4.1	reading
	Tanker 10,				Identification					11. Dangerous
	Single Axle Truck, 2				& survey					goods licence as
	or 4WD				techniques(accredited)					appropriate
	Tractor, FE Loader,				Tree measurement,					12. All require FS
	Self-propelled				growth plot					& W, roading
	Road Roller, S.O.F.T.				establishment,					(operator)
	Truck, Truck				measurement &
	+ HIAB, Fuel Truck				maintenance.
	11, Bobcat Carpenter/
	tradesman Storeman
	(no fuel issue)
4.3	Level 3.1 +				Note 9.				Level 4.3:	13. Includes
	Operator 12: any of								As for 4.1	operation and
	Grader,									maintenance of
	All Bulldozers,									application
	Scrapers,									equipment and
	Excavator, Backhoe,									chemical mixing,
	140 HP + 4WD									handling and
	Tractor, 4WD Tractor									security.
	with herbicide									14. Requires HR
	application 13,									Licence
	Bogie drive Truck 14,
	Traxcavator Storeman
	(with fuel issue).
4.4	Co-ordinator 15 4.1 or								Level 4.4:	15. Co-ordinator
	4.2 or 4.3								As for 4.1 plus to	position is used as
	plus Basic Supervisor								ensure application of	HDA when regular
	Skills, Map								relevant Forest	Supervisor is
	Reading, FS&W,								Practices Codes.	absent for periods
	Roading								Co- ordinate work	of less than 1 day.
	(Supervisor), Fire								and/or other  Level 4	If Supervisor is
	Fighter								Forestry Field	frequently absent
									Workers AND	from the job site
	Level 2 (crew leader)								conduct on-the-job	for periods of less
	16								training (non-	than 1 day on a
									accredited) as	regular basis, the
	Low Loader Driver 17								required.	position should be
										permanent 4.4.
										16. Lower graded
										employees are
										paid a higher
										duties allowance of
										4.4for fire crew
										leader duties.
										17. Requires HC
										Licence which
										authorises float
										driving or towing
										trailer over 9
										tonnes gross mass.
	NFD, SPD & HPD
	Compulsory
5.1	Harvesting			Works17 (a)		Rangers			Closely Supervised to	General:  (Level 5)
23	3.1 + 18			3.1 + 18		3.1 + 19			ensure	All include job
						Recreation			application of	specific
						Facilities			relevant Forest	competencies.
						Maintenance			Practice Codes	17 (a)  Works:
										- plantation
										establishment,
										tending  &
										maintenance
										- general
										construction,
										maintenance &
										protection
										- Road & precision
										survey
										- Inventory (SPD)
										18  Entry Level,
										training must occur
										within 12 months
										in:
										- Fire fighter Level
										2 (crew leader)
										- Basic Computer
										- Map Reading
										- Supervisor Skills
										(advanced - job
										management skills)
										- FS&W, harvest
										or roads (op & sup)
										- Incident Control
										System
										Familiarisation
										- Workplace
										Assessor(Non-
										accredited)
										- WH&S (Level 2)
										- Environmental
										Awareness
										(Supervisor)
										19. Basic
										Communication
										skills - Recreation
										Facilities
										Maintenance
	NFD, SPD & Hardwood Plantations Division
	Compulsory
5.2	Harvesting			Works			Rangers		Generally Supervised	20. Supervise
							Noxious		•To ensure application	Minor Works
	5.1 Plus			5.1 Plus			Animal		of relevant Forest	Operations.
	FS&W,			plantation			Management		Practices Codes
	Harvesting			works (20			and /or Weed		• Survey Aboriginal	21.Developmental
	(Operator			&21)			Management		Cultural Heritage	Level
	& Supervisor)								sites within the	(refer Appendix 3).
	21			5.1 Plus					Region in line with
				FS&W Roads					legislative	22. Noxious
									requirements for the
				(Operator &					purpose of planning,	Animal and/or
				Supervisor)					identification,	Weed Control
				for Road					protection and
				Construction					recommending	Management does
				&					management practices	not progress to 5.3.
				Maintenance
				Supervisor (20						23. Aboriginal
				& 21)						Cultural Heritage
										Officer positions
				5.1 Plus						are designed at
				Noxious						three levels i.e.
				Animal and/						Level 1 (Entry
				or Weed						Level), Level 2 &
				Control.						Level 3. Level 1
				Management						can be appointed in
				22						the range 5.1 to 5.3
										depending on
										knowledge, skills,
										experience and
										responsibility.
										Aboriginal
										Cultural Heritage
										Officers at Level 5
										are able to
										identify and
										report on
										Aboriginal sites
										and assist in the
										development of
										management
										options to protect
										those sites.
		NFD, SPD & Hardwood Plantations Division
		Compulsory
5.3		Harvesting		Works			Rangers		Broadly Supervised	24. Can supervise
		(24)		(24)			Education and		To ensure application	several Works
							Community		of relevant	Operations.
							Liaison		Forest Practices	Can supervise
							(25)		Codes	minor Harvesting
										Operations.
										25. Advanced
										Communications,
										Presentations
										Skills, Customer
										Service.
		Compulsory					Job Specific
6.1		Native Forests Division							See schedule 2.	26. SFO -
										Cypress
		SFO 26								& Red Gum
		Supervisor Flora &								products
		Fauna survey.
		Supervisor Inventory								27. SFO- all
		team.								other native
										products Lower
										graded
										employees are
										paid a higher
										duties allowance
										to 6.1 for sector
										boss work.
6.2		Native Forests Division							See schedule 2.	28. Supervises
		SFO 27							In addition to the	one or more
									duties of the Level.	harvesting
		Softwood Plantations							1 ACHO position,	operations with
		Division							assists in developing	product
		Harvesting Operation/							and implementing	segregation,
		Merchandising							training/information	compliance with
		Supervisor 28							programs & sessions	Code and
									on Aboriginal Cultural	Harvesting Plan,
									Heritage issues,	planning
									including general	assistance
									awareness and more	and day- to-day
									detailed training	organisational
									in specific aspects.	responsibilities.
									Survey Aboriginal
										29. Program
									Cultural Heritage sites	coordinator.
									within the Region in	Can supervise
									line with legislative	other supervisors
									requirements for the	from level 5 or 6
									purpose of planning,	In addition to
									identification,	Level 5
									protection and	criteria, Level 2
									recommending	ACHO's at Level
									management practices.	6.2 are able to
										develop co-
									Monitor Aboriginal	management
									sites within native	projects on State
									forest areas managed	forests, resolve
									by Forests NSW	conflict with
									and this may also	stakeholder
									include plantations,	groups and
									and in some Instances	train Forests
									private property where	NSW’ staff and
										Aboriginal
									Forests NSW enters	community
									into joint management	groups in
									arrangements.	cultural heritage
										issues
										30. Proceed to
									See Appendix 3.	level 6.3 with a
										minimum of 2
										years experience
										with satisfactory
										performance at
										6.2 AND
										responsible for
										complex
										operational
										procedures AND
										works basically
										unsupervised.
6.3	Softwood Plantations &									31  Can supervise
	Native									other supervisors
	Forests Divisions Works,									at level 5 or 6.
	road construction and									32. Forestry Field
										Workers at this
	maintenance									level may also
	programs co-ordination									fill positions with
	29									a high degree of
										specialised
	Native Forests Division									technical skill.
	Supervising Forest
	Officer 30
6.4	Native Forests &								See schedule 2	There will
31	Softwood								ACHO Level 3	generally be no
&	Plantations Divisions								Participation in	more than 1
										ACHO
32	Harvesting,								Aboriginal Heritage	Level 3 in each
	Merchandising or								Committees at	Region but be
	Harvest Planning								Regional and	responsible for
	Program								Corporate levels.	similar duties
	Coordinator								Contribute to the	But is responsible
	Native Forests Division								development of	for Maintaining
	SFO Coordinator or								forest co-management	and regulate the
	Planning Assistant								and/or joint venture	Aboriginal Site
									management	database and
									agreements	oversight the
									between Forests	duties and
									NSW and the	responsibilities
									Aboriginal	of the Level 2
									communities.	& 1 ACHO.
										In addition must
										Develop, organise
										and run training
										/information
										Programs
										/sessions on
										Aboriginal
										Cultural Heritage
										issues, including
										general awareness
										and more detailed
										training in
										specific aspects.

 

APPENDIX 5

 

MECHANICAL & RADIO SERVICES

 

MECHANICAL TRADES CLASSIFICATIONS

 

Skill Level	Wage	Responsibility	Skills				Knowledge
	Points
Mechanical	FW	Works under	Perform tasks and processes				Trades
Tradesperson	4.3	routine	of a trades standard under				Certificate or
Grade 1		supervision either	general supervision either				equivalent in
		individually or in	individually or in a team				an appropriate
		a team	environment.				mechanical
		environment	Ability to read and interpret				trade and holds
			technical manuals, drawings				an MVRIC
			and basic schematic				Tradesman’s
			diagrams.				Certificate.
			Undertakes all tasks
			incidental to their general work.				Basic
							knowledge
							of WH&S
							matters
							Sufficient to
							ensure
							performance
							of routine
							tasks.
			As for 4.3 together with one
			additional post-trade
Grade 1A	FW		qualification appropriate to				As for 4.3
			the specific work				together with
	4.4		environment.				one post trade
							qualification
							from the
							areas in 5.1
			Holds a trades certificate, at
		Works under	least one relevant post-trades
Mechanical	FW	limited	qualification(or equivalent)				As for 4.4
Tradesperson		supervision	which can be fully utilised in				together with
Grade 2	5.1	either individually	the work environment.				a post trade
		or in a team	Has a minimum of 12				qualification,
		environment	months experience in an				necessary
			appropriate work environment.				licences and at
							least 12 months
							experience
			Able to demonstrate abilities				in at least one
			and a capacity for working				of the
			efficiently on relevant tasks				following
			and processes under general				areas:
			supervision.  Ability to exercise				Heavy Vehicle
			diagnostic skills suitable for				Maintenance
			performing routine				General
			maintenance and repair				vehicle
			functions.  Undertakes all tasks				maintenance
			incidental to their general work.				Earthmoving
			Holds a trades certificate, at				Equipment
			least three relevant post-trades				Maintenance
			qualification (or equivalent)				Air-
			which can be fully utilised in				conditioning
			the work environment.				Maintenance
			Has a minimum of 2 years				Hydraulics
			experience in an appropriate				Welding (gas,
			work environment.  Able to				arc, MIG&
			carry out tasks and processes				TIG) Fitting
			to a high standard of quality,				and Machining
			efficiently and with only				Auto-Electrical
			general guidance.  Ability to
		Works under	read and interpret complex
Mechanical	FW	general	technical manuals, drawings				As for 5.1
Tradesperson	5.2	guidance either	and schematic diagrams and				together
Grade 3		individually or	exercise advanced diagnostic				with three
		in a team	skills in all technical areas.				relevant
		environment	Undertakes all tasks				post trade
			incidental to their general work.				qualifications
			Capable of providing trade				or equivalent,
			guidance and assistance to				necessary
			other members of a work team.				licences and at
							least 2 years
							experience in at
							least three
							of the above
							areas.
							In depth
							knowledge and
							understanding
							of systems and
Mechanical	FW	Works under	As for 5.2 with at least four				equipment
Tradesperson	5.3	general guidance	relevant post-trade				involved
Grade 4		either individually	qualifications (or equivalent)				in at least four
		or in a team	which can be fully utilised in				of the areas
		environment	the work environment. Able				described for
			to complete a wide range of				5.1.
			complex tasks and processes				Knowledge
			to a high standard of quality,				of WH&S
			efficiently and with only				techniques,
			general guidance.				legislation
			Capable of providing trade				and work
			guidance and assistance to				practices
			other members of a work team.				appropriate
			Exercises advanced				to all work
			diagnostic skills in all				undertaken at
			technical areas. Capable of				this level.
			carrying out the requirements				Understanding
			of RTA inspections				of the
							principles and
							practices
							involved in
							quality control
							As for5.2
							together with
							an in-depth
							knowledge and
							understanding
							of all aspects
							of systems and
							equipment
							regularly
							encounter
							in the job,
							including those
							areas described
							in 5.1
							Qualifications
							and
							experience
							suitable for
							obtaining an
							RTA
							Examiner's
							Licence for all
							equipment
							operated by
							Forests NSW
				As for 5.3 while also
Progression to Level 6 is my merit for an advertised vacancy only
Mechanical	FW	general guidance		of and provision of		As for 5.3
						together
	6.1	in technical areas		trade guidance and		with full
		and routine		assistance to other		understanding
		supervision for		members of a work		of the
		job control		team. Carry out limited		principles and
		functions.		administrative		practices of
Trades				functions including job		supervision
Team				allocation to others,		and a good
				dealing with customers,		general
Leader				job time and cost		understanding
				control		of all
						technical
						aspects
						of workshop
						operations.
				As for 5.3 while also
				responsible for
		Works under		supervision
Mechanical	FW	general guidance		and technical		As for 5.3
						together
		in technical areas		control of a small		with full
Trades	6.2	and limited		annex at a location		understanding
						of the
		supervision for		remote from the main		principles and
		administrative and		workshop(includes		practices of
		financial functions.		one-man annexes).		supervision
				Provide supervision and		and a good
				technical guidance to other		general
				members of a work team		knowledge and
				of up to two permanent members.		understanding
				Assist manager with administrative		of all technical
				functions such as: detailed job		aspects of
				time and cost control, preparation		workshop
Supervisor				of quotations, liaison with		operations.
				customers, inventory control,		Understanding
				purchasing.		of principles
						and practices
Grade 1						involved in
						job control
						and technical
						administration.
					As for 5.3 while also responsible
					for supervision of and provision
		Works under			of technical guidance to all
Mechanical	FW	general guidance			workshop staff (work teams will	As for 5.3
		in technical and			consist of three or more staff).	together
		administrative			Independently responsible for	with full
		areas and limited			controlling all aspects of	understanding
		supervision for			day- to-day operations	of the
		financial functions.			of a substantial work team.	principles and
					Provide administrative	practices of
					functions in support of the	supervision and
Trades	6.3				workshop manager such as:	a good general
Supervisor					job time and cost control,	knowledge and
Grade 2					preparation of quotations,	understanding
					liaison with customers,	of all technical
					inventory control, purchasing.	aspects of
						workshop
					Assist Manager in	operations.
					planning & financial areas	Full
					(for both workshop & annex	understanding
					locations) including: overhead	of principles
					expenditure control,	and practices
					budget preparation, routine	involved in
					reporting, detailed job and	job control
					staff planning, stores	and technical
					requirements, asset control.	administration.
						Good
						understanding
						of
						financial and
						general
						administrative
						policy and
						requirements.

 

APPENDIX 6

 

APPRENTICES

 

WORKSHOPS & NURSERIES

 

(i)       Wage Rates

 

As a percentage of Fieldworker Grade  4.3

 

1st Year - 42%

 

2nd Year - 55%

 

3rd Year - 75%

 

4th Year - 88%

 

Adult apprenticeship rates (Workshops only)

 

Adult Apprentices as a percentage of Fieldworker Grade 4.3:

 

1st Year - 78%

 

2nd Year - 83%

 

3rd Year - 86%

 

4th Year - 90%

 

(ii)       Apprentice Training

 

When required to attend block release at a location where it is not practical to return home daily, the cost of public transport, accommodation, meal and incidental expenses will be reimbursed. 

 

Travel to and from block release or single day attendance, outside normal working hours, will be reimbursed at single time rates.

 

For single day attendance where fares are in excess of those incurred in travelling to and from their normal place of work, apprentices will be reimbursed fares based on public transport rates. 

 

APPENDIX 7

 

FOREST RESEARCH AND DEVELOPMENT CLASSIFICATIONS

 

Level	Job Title & Competencies Required			Responsibility	Notes
	Compulsory		Job Specific
3.1 1	General knowledge of		Planting	3.1  Work closely	1. General
					entry level
3.2	forest management		Fertilising	supervised.	for R&DD
	practices.		Herbicide application	3.2 Work with general	duties with one
			Safety awareness	supervision.	annual
	Basic map reading 2		Fire fighting		progression
	Competence in				based on
	precision				satisfactory
	measurement.				performance.
	Understanding				2. Ability to
	of sampling				read road maps,
	procedures.				interpret plot
					layout
	Drivers licence.				diagrams
	4WD operator.
4.43	Advanced map reading		In at least 3 of following:	As per 3.2 plus	3. Entry based
	/interpretation.4		Flora and/or Wildlife	Ability to work	on
	Establish, measure and		Id. and	individually under	demonstrated
	monitor field		Survey Techniques	general supervision	competency
	experiments.		Tree and	and ability to supervise	at 3.2
	Basic problem solving/		Growth Plot M'ment	others in the operation	4. Detailed
	assessment.		Growth plot est'ment	of research equipment	understanding
		Basic computer skills.	& maint. Methods of	and in research	of
		Research equipment	application of trial	activities.	topographic
		usage/ maintenance.	treatments as required.		maps, able to
		Ability to plan the	Ability to operate		precisely
		methods and the order	research equipment		locate
		in which tasks are to	such as clinometer,		boundaries
		be completed.	compass, height stick,		and draw
			bark gauge. MARVL		detailed
			inventory Adv.		locality and
					plot layout
					maps.
					5.
					Biological,
			skill in physical or data		water, soils
			sampling & storage		or site
			procedures.5		information.
			Operate & maintain		6. Chainsaw
			relevant equipment 6		certificate,
					data loggers,
					dendrometer,
					meteorological
					stations, GPS
					etc.
5.3 7		Understanding of	Competency in at a	as per 4.4 plus	7. One level
		research approach&	least 6 of the	Work unsupervised,	with entry
		application scientific	following:	supervise other staff	based on
		of method.	Data mgt/quality	and minor contractors.	demonstrated
		Advanced problem-	control Ability to		competency
		solving skills (ability	check & process		at
		to assist in the design	initial data.		Level 4.4.
		of research trials and	Techniques which
		plan for	ensure a quality		8. Accurate,
		contingencies).	outcome of the job		timely and
		Decision making	undertaken.		reliable reports
		ability.			on research
			Basic knowledge of		trials including
		Data entry ability,	sources of error and		recommend
		produce data	bias.		for future
		summaries, report	Strong reporting ability		trials
		writing ability.	8		concerning
		Financial management	Advanced flora/ fauna		research trials
		skills	identification 9		including
		Strong interpersonal			recommen.
		and	Ability to conduct		for future
		communication skills.	specialised		trials.
			surveys 10
			Capacity to supervise		9 Awareness
			several research gangs		and
			and be responsible for		understanding
			large data sets captured		of botanical/
			in the field.  Operate,		fauna
			monitor and service a		referencing
			wide variety of plant		and
		.	and equipment 11.		procedures
			Relevant Trades		involved in
			Certificate as required.		collecting and
					lodging
					voucher
					material (tissue,
					specimen,
					spoor etc.).
					10. surveys
					conducted that
					incorporate an
					understanding
					of customer
					specification
					and the
					planning and
					implementation
					of these
					surveys.
					11. Data
					loggers,
					dendrometers,
					anabat etc.
6.4 12		A well developed	At least three of the	As per 5.3 plus	12. Entry
		knowledge	following:	Responsible for a high	based on
		of the particular	Highly effective	degree of efficiency,	demonstrated
		scientific	interpersonal and	precision and accuracy	competency at
		discipline in which the	communication skills.	in all work performed.	Lvl 5.3.
		position functions 13.	Establish and maintain
			contacts with foresters,		13. Generally
			managers or relevant		gained through
		Highly developed	external		extensive
		problem			experience
		solving skills 14.	agencies/clients.		working in
					that discipline/
		Highly developed	Advanced computer
		ability to plan and	skills in Word and		14. Ability to
		supervise work 15.	Excel.  Understanding		overview
			of GIS operation.		experiments,
					machinery or
			Advanced keyboard		operating
			and electronic data		systems to
			capture 16.		diagnose any
					faults and
			Advanced technical		remedy
			report writing 17.		faults.
					15 Requires
					well-
			Soil assessment and		developed
			characterisation and		logistical skills
			reporting to		to enable
			regulator 18		efficient use
					of employees,
					materials
					and time.
					Requires an
					ability to adopt
					contingency
					planning.
					16
					Supervision
					of research
					data entry,
					analysis and
					manipulation
					of such data.
					17. such as
					reports that
					may require
					specialist
					representation
					in court
					or reports to a
					Regulatory
					agency as the
					basis for
					compliance to
					a licence.
					18. such as
					Regolith soils
					work for EPA
					licence.

 

APPENDIX 8

 

GRIEVANCE & DISPUTE RESOLUTION PROCEDURES

 

Forests NSW is committed to delivering an equitable and productive work environment.  The following grievance and dispute resolution procedures aim to effectively deal with employees work-related concerns and grievances by creating and sustaining a workplace environment that values employees and deals with work-related concerns promptly, impartially, fairly and with the utmost confidentiality.

 

All employees and managers are encouraged to be aware of their responsibility/obligation to recognise and address grievances and disputes within their workplace in accordance with the following guidelines in order to ensure Forests NSW remains a fair, equitable and professional workplace.

 

Grievance:

 

A "grievance" is a clear statement by an individual employee of a work-related problem, concern, complaint or difficulty.  Grievances can range from the very minor and easy to resolve to the extremely serious, which may involve formal disciplinary action;  eg:

 

John may feel he has a grievance because he has been overlooked when it comes to training opportunities, whereas other employees in his Division have had multiple opportunities to undertake training.

 

Kathryn may feel she has a grievance because of being denied recreation leave, while others in her work area have no trouble getting away for a holiday.

 

Grievances can involve:

 

interpretation and application of management policies

 

lack of workplace communication of work-related issues

 

interpersonal conflict (eg: between employees, or between an employee and supervisor)

 

Work Health and Safety issues

 

alleged discrimination within the meaning of the Anti-Discrimination Act 1977 (racial, sexual, or on the basis of a disability)

 

problems in understanding or interpreting an Award or enterprise agreement

 

work environment problems (eg: lighting, heating, office equipment)

 

Appeals against decisions

 

Dispute:

 

A "dispute" is a complaint, concern or difficulty, which can affect an individual employee, but more commonly involves a group of employees; eg:

 

A decision which changes the working conditions of a group of employees within a given work area.

 

If I have a grievance/dispute, whom can I go to for assistance?

 

The majority of concerns or problems raised by Forests NSW employees are resolved at an informal level, before they become formal grievances or disputes.  Most are resolved by discussions between the parties, or with the supervisor or decision-making area.  Clarifying a problem with an independent person can often put it in perspective, and may even lead to alternatives that can resolve the situation before it becomes necessary to lodge a grievance/ dispute.  In other circumstances, lodging a grievance/dispute may be the only way to resolve the situation.

 

As far as possible, both management and employees should attempt to resolve grievances/disputes within the area in which they first arise.  Any attempts at resolution should start with the employee's direct supervisor.  It is the role of the immediate supervisor to listen objectively, gather relevant facts and act in a prompt, professional and fair manner, without bias.  The supervisor should follow up to ensure that appropriate action is taken to resolve the grievance/dispute and that the cause of the grievance/dispute is properly addressed.  The objective of the grievance/dispute handling procedure, particularly at the level where it originated, is to find an acceptable solution.

 

From an employee's perspective, all employees have the right to be supported in pursuing and achieving grievance/dispute resolution.  Employees can elect to have an observer (friend or interpreter) present during discussions with their supervisor.  If they are a Union member, the employee may elect to have a Union delegate to accompany them during the discussions.  The observer (friend/interpreter) does not have a right to participate in the discussions.

 

Will this process be confidential?

 

Yes.

 

The grievance/dispute will not be discussed by the supervisor with any other employee without permission being granted by the concerned employee.  Any necessary discussion of the grievance/dispute among relevant managers will remain strictly confidential, as required under the Privacy and Personal Information Protection Act 1998.

 

Who else can I contact for help?

 

Your local Business Manager, Human Resources Operations Manager, or Director

 

Your local Spokeswoman

 

Manager Work  Health, Safety and Rehabilitation

 

Workplace Union Representatives/Delegates

 

Union/Employee Associations -

 

AWU

 

AWU Greater NSW Branch

 

AWU Newcastle Central & Northern Branch

 

AWU Port Kembla & Southern Branch

 

AMWU

 

Industrial Relations Commission of NSW

 

(only accessed through the Union - including the GREAT jurisdiction from July 2010 unless an Unfair Dismissal Claim)

 

Department of Premier and Cabinet - NSW

 

NSW Ombudsman

 

Independent Commission Against Corruption (ICAC)

 

Lodging a Grievance/Dispute - Forests NSW Grievance Receivers

 

Grievance Receivers - can be any supervisor or manager.  It is their role to listen to your grievance/dispute, gather information, offer counsel and advice and explore whether further assistance is required.

 

Forests NSW Grievance Receivers include, apart from supervisors:

 

Directors, all Divisions

 

Corporate and Divisional HR Managers and Business Managers

 

Branch Managers

 

Regional Managers

 

The Rights of Employees Involved in a Grievance/Dispute Process

 

Confidentiality - employees involved in a grievance/dispute process have the right to have that process remain confidential.

 

A fast resolution - most minor grievances can be resolved relatively quickly.  Obviously, more complex ones will take longer.  In general, grievances/disputes should be dealt with as quickly as possible.

 

The employee should be aware that if they make a complaint against an individual, that person will be informed of the complaint (unless there are special circumstances) and that an investigation will take place.  If the employee's name is disclosed, the person will be cautioned against any comments or actions that may be perceived to be victimisation.

 

No action can be taken without the employees consent, except in specific, serious circumstances.

 

A fair, impartial process, free from victimisation - employees involved in a grievance/dispute have a right to fair and impartial treatment.  Victimisation of any sort will be the subject of disciplinary action.

 

There must be no suggestion of bias or preferential treatment and all parties involved must be aware of their rights and responsibilities in the process and all actions that are to be taken must be discussed with the employees involved.

 

A mechanism for the review or appeal of the outcome of the formal process - if an employee is dissatisfied with the way in which the grievance process was conducted, or with its outcome, the employee may take the matter elsewhere, either within Forests NSW or to an external organisation.

 

Can a Grievance/Dispute be Withdrawn?

 

A grievance/dispute can be withdrawn at any time, either verbally for an informal grievance, or by written request if the employee lodged a formal grievance/dispute.  Withdrawal of a grievance will not prevent other people raising a grievance of their own in relation to the matter, if they believe that they have not had the opportunity to respond appropriately.  Grievance Receivers may also decide to continue their investigation where they believe disciplinary action may be warranted.

 

APPENDIX 9

 

FORESTS NSW

 

EQUITY POLICY

 

Forests NSW values equity and is an Equal Employment Opportunity employer.

 

It embraces the principle of diversity and seeks to recognise and benefit from the ideas and different ways of working and decision-making which are afforded by a diverse workforce. The organisation believes that the principles of equity and EEO must be ingrained in the development and implementation of all policies and practices.

 

General Managers, Managers and Supervisors, in exercising discretionary powers, must ensure that only relevant facts and the merits of each particular case are considered. The rules of natural justice provide a right to people significantly affected by a decision to put forward their case and for the decision to be made impartially.

 

Through its policies and practices Forests NSW will implement the following principles:

 

fair practices in the workplace

 

management decisions without bias

 

recognition and respect for social/cultural backgrounds of staff and clients

 

recruitment and/or promotion of the ‘best’ person

 

staff training and development linked to both employee and client needs

 

a workplace free of harassment and discrimination

 

fair implementation of benefits and conditions of employment

 

access to flexible work practices

 

access to a grievance resolution process

 

Forests NSW EEO strategies aim to redress past disadvantage by improving employment outcomes for women, Aboriginal and Torres Strait Islander people, people from minority racial, ethnic or ethno-religious groups and people with disabilities. These aims will be formally published in 3-year EEO Management Plans and will include nomination of direct accountabilities.

 

Responsibilities

 

All Forests NSW people must:

 

- respect cultural and social diversity among colleagues and clients

 

- recognise the skills and talents of other colleagues

 

- ensure staff selection and promotion on merit

 

- provide career paths in structures

 

- ensure fair access for all staff to appropriate benefits and conditions

 

- commit to and actively promote a harassment and discrimination-free workplace

 

- ensure access to grievance resolution processes

 

- provide adequate information to assist staff in carrying out their duties

 

- be fair in implementing initiatives such as higher duties opportunities

 

- work to full capacity

 

- promote and use flexible work arrangements where practical.

 

APPENDIX 10

 

ALCOHOL AND OTHER DRUGS POLICY

 

RATIONALE

 

Forests NSW endeavours to ensure that an employee’s use of either alcohol or drugs does not impair the safe and efficient running of the organisation, the health of all employees or the damage of either equipment or property.

 

However, Forests NSW recognises that alcohol and drug dependencies are illnesses and will provide support to any employee who honestly endeavours to overcome such illnesses.

 

SUPERVISOR’S RESPONSIBILITIES

 

Supervisor’s and managers are responsible for ensuring that instances of proven drug or alcohol misuse at work are dealt with. Any investigation must be handled in both a sympathetic and confidential manner.

 

However, ultimately, supervisors and managers are responsible for ensuring that either the employee concerned or other employees are not put to a safety or health risk at work because of alcohol or drug abuse.

 

How Do You Establish That A Problem Exists?

 

It is important to be aware that the misuse of drugs or alcohol by employees may come to light in various ways.  The following characteristics, especially when arising in combinations, may indicate the presence of an alcohol or drug-related problem. However it is important to note that these characteristics can occur for other reasons.  For example, some individuals can experience temporary physical reactions to legally prescribed medications.  Employees should liaise with their supervisors in these circumstances:

 

- Absenteeism - regular instances of unauthorised leave

 

- Frequent unplanned Friday and/or Monday absences

 

- Regular lateness, especially when returning from lunch

 

- Strange and increasingly suspicious reasons for absences

 

- Accident Levels - high level of minor accidents at work, or home

 

- Work Performance - difficulty in concentration

 

- Problems with remembering instructions

 

- Problems with remembering own mistakes

 

- Individual tasks take more time than usual

 

- Mood Swings - irritability

 

- Depression

 

- Confusion

 

How Do You Treat the Problem ?

 

In some instances employees themselves may seek help and advice from their supervisor or manager.

 

Where the employee acknowledges that they have a drug or alcohol dependency that is affecting their performance at work they should be given help and support on the understanding that:-

 

Whilst they are undergoing treatment they will be granted available accrued sick leave and will be entitled to the usual sick pay benefits.

 

Every effort should be made to ensure that on completion of any recovery/treatment program employees are able to return to the same or equivalent work.

 

If a supervisor or manager suspects that an employee may have a drug or alcohol dependency and that it is affecting their work performance, or placing the employee or others at risk, and the employee has not come forward of their own volition the procedures outlined in Forests NSW Safety Standards Manual, "Alcohol and Other Drugs in the Workplace" should be put into practice.

 

Where an employee, having received treatment, suffers a relapse Forests NSW will consider the case on its individual merits. Medical advice will be sought in an attempt to ascertain how much treatment/rehabilitation is likely to be required for a full recovery. At a manager’s discretion more treatment or rehabilitation time may be granted in order to help the employee recover fully.

 

Employee Assistance

 

Forests NSW has an employee assistance program that provides an avenue for employees to obtain confidential counselling about any problem. This service may be used by employees to obtain advice on treatment and counselling for illness & related problems, including referral to community-based specialist support services where appropriate. The initial counselling session is at no cost to the employee. Details of this confidential service can be obtained from your Supervisor or Human Resources. The free call number for this service is 1800 337 068.

 

Consumption of Alcohol or Abuse/Use of Illegal Drugs on Forests’ NSW Property/Premises

 

Employees are expressly forbidden to consume alcohol whilst working. Any breach of this policy will result in disciplinary action.

 

Employees who partake of drugs which have not been legally prescribed on medical grounds will, in the absence of mitigating circumstances, be deemed to be committing an act of gross misconduct and will thus render themselves open to disciplinary action (up to and including dismissal) as will any employee proven to be possessing, buying, selling or cultivating unlawful drugs on Forests NSW property/premises.

 

If an employee is known to be, or strongly suspected of being, intoxicated by alcohol or drugs during working hours and they are incapable of carrying out their normal duties in a safe and efficient manner arrangements must be made for the employee to be escorted from Forests NSW property/premises immediately. Refer to Forests NSW Safety Standards Manual.

 

Engagement of Contractors

 

Contractors or consultants working for Forests NSW must be advised of this Alcohol and Other Drugs Policy and adhere to the policy whenever they work on Forests NSW property/premises as must their employees.

 

 

 

C.G. STAFF J

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.