Sydney Catchment Authority Consolidated Award 2014 - 2015
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application
by Australian Services
Union of N.S.W., Industrial Organisation
of Employees.
(No. IRC 274 of 2014)
Before Commissioner
Tabbaa
|
30 May 2014
|
AWARD
Clause No. Subject Matter
PART I -
APPLICATION AND OPERATION OF AWARD
1. Statement of Intent
2. Title, Application and Duration
PART II -
EMPLOYMENT RELATIONSHIP
5. Employment
6. Termination
7. Misconduct
8. Employer’s Right to Deduct Pay and Time
Lost
PART III - PAY
AND RELATED MATTERS
9. Job Evaluation
10. Rates of Pay
11. Pay on Appointment
12. Payment of Monies Due
13. Salary Packaging Arrangements, Including
Salary Sacrifice to Superannuation
14. No Assignment of Pay
15. The Performance Management System
16. Temporary Relief Arrangements
PART IV - HOURS
OF WORK AND RELATED MATTERS
17. Hours of Work
18. Meal Breaks
19. Rest Breaks
20. Overtime
21. Call-out
22. Stand-by
23. Travelling Time
24. Declared Incident Conditions
PART V - LEAVE
AND PUBLIC HOLIDAYS
25. Public Holidays
26. Recreation Leave
27. Recreation Leave Loading
28. Long Service Leave
29. Sick Leave
30. Carer’s Leave
31. Family and Community Service Leave
32. Maternity Leave
33. Adoption Leave
34. Parental Leave
35. Union Training Leave
36. Emergency Services Leave
37. Military Leave
38. Jury Service Leave
39. Leave Without
Pay
PART VI -
ALLOWANCES AND REIMBURSEMENTS
40. Travel Allowances
41. Overtime Meal Allowances
42. Fire Fighting Allowance
43. Camping Allowance
44. First Aid Allowance
45. Community Language Allowance
46. Reimbursement of Out of Pocket Expenses
47. Tools and Equipment to be Supplied by the Employer
48. Protective Clothing and Uniforms
49. Use of Private Motor Vehicle
50. Damage to Private Property
51. Renewal of Licences
52. Health and Safety of Employees
53. Delegates’ Rights
54. Employees on Union and/or Consultative
Committee Business
PART VII-
CONSULTATION AND DISPUTE RESOLUTION
55. Consultative Procedures
56. Dispute Resolution Procedures
SCHEDULE 1 -
RATES OF PAY
SCHEDULE 2 -
SUMMARY - ALLOWANCES
SCHEDULE 3 -
SECURE EMPLOYMENT
SCHEDULE 4 -
PERSONAL CARERS ENTITLEMENT FOR CASUAL EMPLOYEES
SCHEDULE 5
part
i - application and operation of award
1. Statement of Intent
(a) Parties to
this Award have the mutual intent to create work place and employment
conditions that are consistent with the objectives of the Employer, Unions
representing employees, the Employer's partners and other stakeholders.
(b) The parties
are committed to continuous improvement in the workplace. This award provides
the framework for ongoing organisational reform in order to achieve the
objectives of the Sydney Catchment Authority (SCA).
(c) In achieving
these objectives the Employer acknowledges the role of unions to represent
their members and their industrial interests in conferring on the change
process, together with the valuable contributions the unions and employees make
to improve efficiency and business performance.
(d) The Award
recognises that the size, skills and scope of the workforce, will be determined
by the SCA’s needs in consultation with the parties to the Award.
(e) The Award operates in conjunction with
the relevant legislation, as amended from time to time, including:
(i) Sydney
Water Catchment Management Act 1998
(ii) Work Place
Injury And Illness Management Act 1998
(iii) Work Health
and Safety Act 2011 NSW
(iv) Anti-Discrimination
Act 1977
(v) New South
Wales Industrial Relations Act 1996, and
(vi) Any
other relevant legislation that may apply to the SCA.
(f) This Award, in
accordance with the commitments made, reflects the agreement reached between
the parties on processes and terms and conditions that will produce mutually desirable
outcomes of improved performance, appropriate conditions of employment,
flexible work arrangements, administrative efficiencies and cost benefits to
the SCA. The parties agree that, during the term of this Award, there will be
no extra wage claims, claims for improved conditions of employment or demands
made with respect to the employees covered by this Award and, further, that no
proceedings, claims or demands concerning wages or conditions of employment
with respect to those employees will be instituted before the Industrial
relations Commission or any other tribunal.
2.
Title, Application and Duration
2.1 Title
(a) This Award
shall be known as the Sydney Catchment Authority Consolidated Award 2014- 2015
2.2 Application
(a) This Award is binding
on:
(i) The
Employer in respect of its employees, except those employees who occupy
positions designated by the Employer as Members of the Executive;
(ii) The
Australian Services Union of New South Wales; and
(iii) The
Association of Professional Engineers Scientists and Managers Australia, NSW
Branch.
2.3 Commencement and duration
(a) This Award
shall take effect from the 1 July 2014 and shall remain in force thereafter for
a period of 12 months.
(b) The award
rescinds and replaces the Sydney Catchment Authority Consolidated Award
2012-2014.
3. Definitions
(a) "Authorised
employee" refers to an employee holding or performing the duties of a
specific office/position that is authorised to exercise decisions in accordance
with the SCA Authorisations Manual, as amended from time to time"
(b) "Chief
Executive" means the person occupying the position of Chief executive
established pursuant to Part 2 clause 9 of the Act
(c) General
Manager" refers to the occupant of a position designated as Division
Manager under the SCA Authorisations Manual
(d) "Employer" means
Department of Trade and Investment, Regional Infrastructure and Services (
Pursuant to Administrative Arrangements Order 2014)
(e) "Employee"
means permanent and temporary employees, whether
full-time or part-time, unless otherwise stated in the Award
(f) "FACS"
means Family and Community Service
(g) "LWOP"
means leave without pay
(h) "Manager"
means a person occupying the position identified in the employee’s Position
Description as "Positional Title of Supervisor" or
"Accountable"
(i) "Previous
Award" means the Sydney Catchment Authority Consolidated Award 2012-2014
(j) Flexiday
means approved Days Off
(k) "Recognised
office" means all premises occupied by the Employer other than temporary
construction site accommodation erected on a construction site for the
exclusive use of a construction workforce and includes a location the employee
is specifically attached to for a period of one (1) month or more
(l) "SCA"
means the Sydney Catchment Authority constituted under the Act
(m) "The
Act" means the Sydney Water Catchment Management Act 1998, as amended from
time to time
(n) "TRP"
means Total Remuneration Package comprising cash salary and compulsory
superannuation contribution.
(o) "Unions"
mean the Australian Services Union of NSW and the Association of Professional
Engineers, Scientists and Managers Australia, NSW Branch.
4. Anti-Discrimination
(a) 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, responsibilities as carer and
age.
(b) It follows
that in fulfilling their obligations under the dispute resolution procedure
described in this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions in 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 provisions of
this Award, which, by its terms or operation, has direct or indirect
discriminatory effect.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(i) Any
conduct or act which is specifically exempted from anti-discrimination
legislation;
(ii) Offering or
providing junior rates of pay to persons under 21
years of age;
(iii) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977; or
(iv) A
party to this Award from pursuing matters of unlawful discrimination in any
State or Federal jurisdiction.
(e) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
(f) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(g) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
(i) "Nothing
in the Act effects 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."
PART II - EMPLOYMENT RELATIONSHIP
5.
Employment
5.1 Status of employment
5.1.1 Permanent employees
(a) The basis of
employment will be
(i) Full-time,
or
(ii) Part-time.
(b) All employees
covered by this Award will be appointed by the Employer and work where
nominated from time to time by the Employer.
(c) Employees will
be required to perform the full range of related work activities equivalent to
their appointed position and field of employment. Employees may also be required to perform the
duties of a lesser nature. While
employees may be required to perform 'lower duties', this principle is not to
be used as a means of deskilling any individual or group.
5.1.2 Casual
employees
(a) Engagement
(i) A
person may be engaged as a casual employee on an hourly basis to carry out:
(A) Work that is
irregular and intermittent,
(B) Work on a short
term basis, in an area requiring flexible work arrangements;
(C) Work of a
position for a short period pending the completion of the selection process for
the position;
(D) Urgent work or
to deal with an emergency.
(b) Pay and conditions
(i) Casual
employees have no entitlement to any of the provisions contained in this Award
other than those contained in this clause.
(ii) Casual
employees are paid for hours engaged and worked.
(iii) The hourly
rate paid to a casual employee will be the hourly rate paid for a similar
full-time job.
(iv) Casual
employees will be paid a loading on the appropriate hourly rate of pay for
ordinary hours worked:
(A) 20% for work
performed on Mondays to Fridays (inclusive);
(B) 50% for the
first 4 hours worked on Saturday, then 100% thereafter;
(C) 100% for work
performed on Sundays; or
(D) 150% for work
performed on Public Holidays.
(v) Payment of
this loading in sub clause (iv) will be in lieu of all
other entitlements specified in this Award. The loading specified in this
clause is in recognition of the casual nature of the employment and compensate
the employee for all leave except long service leave, and all incidence of
employment, except overtime.
(vi) Casual
employees shall be paid overtime for work performed:
(A) In excess of
seven (7) consecutive hours (excluding meal breaks); or
(B) In excess of 35
hours in a week.
(vii) Overtime rates
will be paid in accordance with subclause 20.3 - Overtime, with payments are
based on the hourly rate applicable to the day on which work performed plus 20%
loading set out in (iv) (A) above.
(viii) Where the
period of engagement on any one day exceeds five (5) hours an unpaid meal break
of at least half an hour must be taken.
(ix) Casual
employees are entitled to long service in accordance with clause 28 - Long
Service Leave, of this Award.
(x) Casual shall
also receive the following entitlements:
(A) Personal
Carers’ and Bereavement entitlement in accordance with schedule 4 of this
award; and
(B) Unpaid parental
leave in accordance with Schedule 5
(c) Termination
(i) The
engagement of a casual employee may be terminated without notice.
(d) Secure
Employment
(i) Term
and conditions set out in Schedule 3 apply for secure employment for casuals.
5.1.3 Temporary
employees
(a) Temporary
employees
(i) Are
engaged for a limited and specified amount of time to work for a defined period
where there will be no on-going need for either the person or the position; and
(ii) The
engagement may be either full-time or part-time.
(b) Temporary employees
are entitled to the provisions contained in this Award provided if employment
or a part of the employment is for a period less than twelve (12) months, entitlements will be on a pro-rata basis.
(c) The Employer
may terminate the engagement of a temporary employee by giving two (2) weeks’
notice or two weeks’ pay in lieu of notice.
5.1.4 Part-time
employees
(a) Employment on a
permanent part-time basis
(i) A
permanent part-time employee is an employee who is appointed to a position to
work hours which are less than the average weekly hours worked by full-time
employees.
(ii) The terms of
the employment regarding hours of work will be as stated in the letter of
appointment.
(iii) An employee
who has been employed on a permanent part-time basis has no right to convert to
full-time employment.
(iv) A permanent
part time employee shall be entitled to all benefits accruing to a full time
employee under the Award on a pro rata basis for all hours worked at ordinary
time rates.
(b) Employee
initiated conversion to part-time employment
(i) Subject
to sub-clause 32.2.2 - Maternity Leave, Right of return to former position, the
employee may initiate conversion to part-time employment in the employee’s
substantive position.
(ii) Conversion to
part-time work arrangement is subject to approval by the relevant authorised
employee.
(iii) The employee
has a right to revert to full-time employment in the employee’s substantive
position before or at the end of 12 months working part-time by giving four (4)
weeks’ notice.
(c) Conditions
attached to working under a part-time work agreement
(i) The
daily hours and days of the week to be worked under a part-time work agreement
and the length of the arrangement must be agreed in writing between the
employee and the authorized employee.
(ii) The ordinary
daily hours will be worked Monday to Friday but are not restricted by the
ordinary working hours provisions at sub-clause 17.3.
(iii) No agreement
shall permit a minimum start of less than three (3) continuous hours except in
cases where it is agreed that there be a start of two (2) continuous hours on 2
or more days per week provided that:
(A) A two (2) hour
start is sought by the employee to accommodate the employees personal
circumstances which must be specified in the agreement; or
(B) The place of
work is within a distance of 5km from the employee’s place of residence.
(iv) An Employer
may request an employee working under a part-time work agreement to work for
longer than the hours agreed under the part-time work agreement under
sub-clause 5.1.4(c)(i) in
accordance with the provisions of sub-clause 20 Overtime. These additional
hours shall be paid at ordinary time rates unless the additional hours fall
into one of the categories below:
(A) If the hours
worked in a week exceed 35 hours; or
(B) If the
additional hours fall outside the usual span of hours; or
(C) Where work is
performed on a Saturday/Sunday or Public Holiday irrespective of the weekly
hours worked
in which case payment will be
made at the rate prescribed in sub-clause 20.3 - Overtime.
(v) An employee
may request to vary a part-time agreement at any time. A request for the
variation of a part-time agreement will be considered on the same basis as the
initial approval.
(vi) The
hourly rate paid to a part-time employee will be the hourly rate for a similar
full-time job.
(vii) Part-time
employees will be subject to clause 15 - Performance Management System, of this
Award
(viii) Part-time
employees will be eligible, on a pro-rata basis for all leaves prescribed in
this Award.
(ix) Leave will be
calculated on the basis of the proportion of hours scheduled per week to the
full-time hours of work per week, i.e.
part-time hours
|
x
|
full-time annual
entitlement
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=
|
P/T annual leave
|
full-time hours of
leave in hours
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|
entitlement (in hours)
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(x) Any leave
approved to cover the absence of a part-time employee will be debited on an
hourly basis or part thereof to reflect the actual time taken off work.
(xi) Where an employee
has worked both full and part-time, the leave entitlement will be paid on the
proportion of part-time and full-time service during the relevant period.
(xii) Public
holidays will only be paid if the employee was scheduled to work on the public
holiday and in accordance with clause 25 Public holidays.
5.2 Appointment
on probation
(a) An employee
appointed to a position under sub-clauses 5.1.1, 5.1.3 or 5.1.4(a), will be
appointed on probation.
(b) Probation will
be a period of 3
months. This period may be extended once but will not exceed 6 months.
(c) The employee
will be subject to the provisions of clause 15 - Performance Management System,
in assessing satisfactory performance.
5.3 Medical
examinations
A person will not be eligible for appointment unless
that person has, as required by the Employer, passed an examination of medical
fitness by a qualified medical practitioner nominated by the Employer
5.4 Payment
of money owing to the employee in case of death
5.4.1 Payment of unpaid monies
(a) For the
purposes of sub-clause 5.4, the term "employee" includes a casual
employee.
(b) Any outstanding
pay will be paid into the deceased employee’s nominated bank, building society
or credit union account as per normal pay.
(c) All unpaid
monies other than pay will be paid as follows:
(i) Where
the unpaid monies owed by the Employer are in excess of $15,000, such monies
will be paid to the Executor or Administrator of the deceased’s estate. This will only be done on the production of
Grant of Probate or Letters of Administration.
(ii) Where the
unpaid monies owed by the Employer do not exceed $15,000, the Employer may
agree to make payment through the Executor or Administrator of the deceased’s
estate without Grant of Probate or Letters of Administration.
(iii) Where the
unpaid monies owed by the Employer do not exceed $15,000, the Employer may
agree to make payment to other than the Executor or Administrator of the
deceased’s estate. In such cases, the Employer
may require the person to whom the payment is made to demonstrate a legal
entitlement to the money and to provide a written indemnity to the Employer
stating that they will indemnify the Employer in relation to any claims made
against the Employer in relation to the money paid.
5.4.2 Advance
payments
(a) Up to $5,000
may be advanced prior to the production of all documentation referred to above,
provided the Employer is reasonably assured that the payment is being made to
the legal spouse or de facto partner or other person who can demonstrate a
legal entitlement to money owing to the deceased.
5.5 Advice
of absences
(a) Employees who
are absent on any day for reasons other than a pre-arranged absence must advise
their Manager as soon as practicable on that day and where possible before
normal starting time, of the estimated duration of the absence and the type of
leave that will be taken.
5.6 Abandonment
of employment
(a) Subject to sub-clause (b) below, employees
who are absent from work for a continuous period exceeding 5 working days
without notification to the Employer may be regarded as having abandoned their
employment.
(b) After the five days referred to in
sub-clause (a) above, the Employer will notify such employees in writing,
forwarded to the address last known to the Employer, that
(i) If a satisfactory explanation for the
absence is not provided, the employee will be regarded as absent from duty
without authorised leave;
(ii) A period of not less than ten (10)
working days will be allowed for the employee to contact the Employer; and
(iii) If no response is received by the due
date, the employee’s employment with the SCA will be terminated.
(c) If the employee fails to respond, the
Employer shall deduct from the pay of the employee the amount equivalent to the
period of the absence and their employment will be terminated from the first
date of absence.
6.
Termination
6.1. Termination by employee
(a) An employee
may terminate his/her employment for any reason by giving two weeks written
notice to the Employer.
(b) If the
employee fails to give two (2) weeks notice, two weeks pay will be forfeited.
(c) Employees who
have given notice, and absent themselves for duty without reasons acceptable to
the Chief Executive (the onus of providing acceptable reasons lies with the
employee) will be deemed to have abandoned employment and will not be entitled
to be paid for the period of notice.
6.2 Termination
by Employer
(a) Termination of
employment will not be harsh, unjust, or unreasonable.
(b) The Employer
may terminate the employment of a permanent employee by giving four (4) weeks notice. Grounds for termination include but not
limited to the following:
(i) The
employee lacks, or has lost, an essential qualification for performing his or
her duties;
(ii) Non-performance,
or unsatisfactory performance, of duties (see clause 15 - Performance
Management System);
(iii) Inability to
perform duties because of physical or mental incapacity;
(iv) Seriously
unacceptable breach of the Code of Conduct (reference: sub-clause 7.1(a)(i) - Misconduct);
(v) Misconduct
(reference clause 7);
(vi) Criminal
offence (sub-clause 7.6);
(vii) Any other
reason the Chief Executive considers as not harsh, unjust, or unreasonable.
(c) The Employer
may terminate the employment immediately, in which case, the Employer will give
four (4) weeks pay in lieu of notice.
(d) Employees who
have been given notice, and absent themselves for duty without reasons
acceptable to the Chief Executive (the onus of providing acceptable reasons
lies with the employee) will be deemed to have abandoned employment and will
not be entitled to be paid for the period of notice.
7.
Misconduct
7.1 Definitions
(a) For the purposes of this Award,
misconduct includes, but is not limited to, any of the following:
(i) A contravention of any provision of
policies and procedures applying to employment in the SCA;
(ii) Fraud;
(iii) Performance of duties in such a manner as
to justify the taking of disciplinary action;
(iv) Taking any detrimental action
(within the meaning of the Protected Disclosures Act 1994) against a person
that is substantially in reprisal for the person making a protected disclosure
within the meaning of that Act; and
(v) Taking any action against another
employee that is substantially in reprisal for an internal disclosure made by
that employee.
(b) The subject-matter of an allegation of
misconduct may relate to an incident or conduct that happened:
(i) While the employee concerned was on
duty, was not on duty, or
(ii) Before the employee was appointed to his
or her position or engaged for a set period.
(c) Internal disclosure means a disclosure
made by an employee regarding the alleged misconduct of another employee of the
SCA.
7.2 Procedural guidelines
(a) The Chief Executive may, from time to
time, issue amend, revoke or replace procedural guidelines for the purposes of:
(i) Dealing with allegations of misconduct
as a disciplinary matter, and/or
(ii) The taking of disciplinary action with
respect to employees under this Award.
(b) In determining the processes, the Chief
Executive will have regard to guidelines issued from time to time for the public
sector in NSW.
(c) The procedures will be consistent with
the rules for procedural fairness.
(d) Without limiting sub-clause (a), the
procedures are to ensure that:
(i) The employee to whom an allegation of misconduct
relates is advised in writing of the alleged misconduct and that the allegation
may lead to disciplinary action being taken with respect to the employee; and
(ii) The employee is given an opportunity to
respond to the allegation.
(e) A formal hearing involving the legal
representation of parties and the calling and cross-examination of witness is
not to be held in relation to an allegation of misconduct and the taking of
disciplinary action with respect to an employee.
(f) However, sub-clause (e) does not prevent
the Chief Executive from:
(i) Conducting such investigations into an
allegation of misconduct as the Chief Executive considers necessary;
(ii) Conducting interviews with the employee
to whom the allegation relates or with any other person in connection with the
matter concerned; or
(iii) Taking signed statements from the
employee or any such person.
7.3 Dealing with allegations of misconduct
(a) If an allegation is made that an
employee may have engaged in any misconduct, the Chief Executive may:
(i) Decide to deal with the allegation as a
disciplinary matter in accordance with the SCA procedures; or
(ii) Decide that it is appropriate to take
remedial action with respect to the employee.
(b) After dealing with an allegation of
misconduct as a disciplinary matter in accordance with the SCA procedures, the
Chief Executive may, if he/she is of the opinion that the employee has engaged
in any misconduct, decide to take disciplinary action with respect to the
employee.
(c) Before any disciplinary action is taken
with respect to an employee under this section, the employee must be given an
opportunity to make a submission in relation to the disciplinary action that
the Chief Executive is considering taking.
(d) Even though the Chief Executive decides
to deal with an allegation of misconduct as a disciplinary matter in accordance
with the SCA procedures, the Chief Executive may, at any stage of the process:
(i) Decide to take remedial action with
respect to the employee concerned; or
(ii) Decide to dismiss the allegation, or
decide that no further action is to be taken in relation to the matter, or
both.
(e) A decision under this section by the
Chief Executive to take remedial action with respect to an employee does not,
if it appears to the Chief Executive that the employee may have engaged in any
misconduct while the remedial action is being taken, prevent the Chief
Executive from dealing with the alleged misconduct as a disciplinary matter
under this section.
(f) In certain circumstances where an
employee appears to have committed a serious breach of conduct and discipline
or is subject to criminal proceedings, the particular facts may require
immediate action by the Employer prior to the completion of any investigation:
(i) Where it is inappropriate for the
employee to continue in their usual duties, the first option is to place the
employee on alternative duties or duties at another location;
(ii) Where such action is inappropriate in
the circumstances, the Employer may suspend the employee with or without pay,
as appropriate, pending the outcome of the disciplinary process or criminal
proceedings:
(A) Suspension with pay: where it is
considered that the charges are serious enough, or having the employee remain
at work would be detrimental to the effective running of the Authority, the
employee may be suspended with pay.
Suspension with pay will be reviewed at least every 30 days, if
applicable.
(B) Suspension without pay: In exceptional
circumstances, the Employer may suspend the employee from duty without
pay. Without limiting the generality of
this term, such circumstances would include where the employee is remanded in
custody, or has admitted to behaviour that under the circumstances renders the
employee unfit to continue in paid employment with the Authority. Suspension without pay will be reviewed at
least every 30 days, if applicable.
(C) Immediate suspension without pay: Where
an employee is convicted of a crime, notwithstanding the availability of an
avenue of appeal against the conviction pending final decision whether the
employee is retained or dismissed, the Employer will suspend the employee from
duty without pay, if the nature of the offence is such that this action is
warranted in the public interest or the maintenance of good order and/or
discipline. The suspension decision will
be reviewed at least every 30 days, if applicable.
(D) Summary dismissal: Where it has been
established to the satisfaction of the Employer that an employee has been
guilty of serious misconduct, the Employer may summarily dismiss without
notice.
(g) If an employee is convicted in New South
Wales of an offence that is punishable by imprisonment for twelve (12) months
or more, or is convicted elsewhere than in New South Wales of an offence that,
if it were committed in New South Wales, would be an offence so punishable, the
Chief Executive may:
(i) Decide to take disciplinary action with
respect to the officer, or
(ii) Decide to take remedial action with respect
to the officer.
7.4 Misconduct proven
(a) Where the Employer determines that an
employee is guilty of misconduct the employee may be:
(i) Dismissed;
(ii) Regressed to a lower pay point; or
(iii) Subjected to other action as seemed
appropriate.
(b) In the circumstances described in
sub-clause (a) above, payment for any period of suspension may be forfeited.
7.5 Misconduct not proven
(a) Where the Employer finds that an
employee suspended without pay for alleged misconduct is not guilty of the alleged
misconduct, the employee will receive payment for the period of suspension.
7.6 Report of charges and convictions for
serious offences
(a) An employee who is charged with having
committed, or is convicted of, a serious offence must immediately report that
fact in writing to the Chief Executive.
(b) If a Manager has reason to believe that
an employee
(i) Has been charged with having committed,
or has been convicted of, a serious offence; and
(ii) Has not reported the matter to the Chief
Executive in writing in accordance with sub-clause (a) above,
the Manager
must immediately inform the Chief Executive in writing that the Manager has
reason to believe that the employee has been charged with having committed, or
has been convicted of, a serious offence.
8.
Employer’s Right to Deduct Pay and Time Lost
8.1 Through no fault of the Employer
(a) Where an
employee is absent from duty for reasons not entitling payment under this
Award, the Employer may deduct from the pay of the employee payment for all
time lost to the Employer.
(b) The Employer
may deduct from the pay of an employee all amounts paid in advance for any type
of leave where the leave is subsequently not approved or the employee fails to
attend a course for which leave was granted.
8.2 Through
fault of the Employer
(a) No deduction
will be made for time lost through the fault of the Employer.
8.3 Stand
down orders
(a) The Employer
may apply to the Industrial Relations Commission of NSW for stand down orders
in accordance with the Industrial Relations Act 1996.
PART III - PAY AND RELATED MATTERS
9. Job Evaluation
(a) The rate of
pay for all positions will be determined by job evaluation.
(b) The unions are
to cooperate in the ongoing implementation of the Cullen Egan Dell (CED)
methodology through participation in Job Evaluation Panels.
10. Rates of Pay
(a) The rates of
pay rounded to the nearest dollar, applicable to each Grade shown in Column 1
and pay points shown in Column 2 at Schedule 1 to this Award, reflect the
increases specified below:
Date of Salary
Variation - to commence on or after
|
Percentage Increase
in rate of pay
|
1 July 2012
|
2.5%
|
1 July 2013
|
2.27%
|
1 July 2014
|
2.27%
|
(b) Equivalent rates
of pay will be determined as follows:
(i)
Hourly rate
|
=
|
Daily rate
|
7
|
(ii)
Daily rate
|
=
|
Annual rate
|
261
|
(iii)
Weekly rate
|
=
|
Annual rate
|
52.2
|
(iv)
Fortnightly rate
|
=
|
Annual rate
|
26.1
|
11. Pay on Appointment
(a) Employees will
be appointed at the minimum pay point for the evaluated Grade for the job.
(b) The Chief
Executive may approve appointment elsewhere within the Grade.
(c) An employee
shall not be paid less than their appointed rate, except where an employee has
been regressed as a result of:
(i) Continuing
unsatisfactory performance (sub-clause 15.3.2 - Performance Management System);
or
(ii) Disciplinary
action (Clause 7 - Misconduct).
12. Payment of Monies
Due
(a) The Employer
may make payment, less any deduction as may be authorised by the employee or
required by law, by paying the full amount of the balance due into a credit
union or bank account of the employee’s choice, or by cheque made payable to
the employee.
(b) Monies will
only be assigned to accounts that are in the employee’s name either singly or
jointly.
(c) Any payments
in addition to an employee’s appointed rate of pay, made under the provisions
of this Award (e.g. overtime, allowances, etc), will be made within the three pay periods (i.e. six
weeks).
(d) No variation
will be made to pay unless it is properly authorised in writing by the
employee.
13.
Salary Packaging Arrangements, Including Salary Sacrifice to
Superannuation
13.1 The
entitlement to salary package in accordance with this clause is available to:
(a) permanent full-time and part-time employees;
(b) temporary employees, such request shall not be unreasonably
refused ; and
(c) casual employees, such request shall not be unreasonably
refused , and limited to salary sacrifice to superannuation in accordance with
subclause 13.12.
13.2 For
the purposes of this clause:
(a) "TRP"
means the Total Remuneration Package, comprising cash salary and compulsory
superannuation contribution.
(b) "salary" means the salary or rate of pay prescribed for
the employee's classification by clause 10, Rates of Pay, Schedule 1 to this
Award, and any other payment that can be salary packaged in accordance with
Australian taxation law.
(c) "post compulsory deduction salary" means the amount of
salary available to be packaged after payroll deductions required by
legislation or order have been taken into account. Such payroll deductions may
include, but are not limited to, taxes, compulsory superannuation payments,
HECS payments, child support payments, and judgement debtor/garnishee orders.
13.3 By
mutual agreement with the Chief Executive, an employee may arrange the annual
Total Remuneration Package (TRP) so that it can include the following items:
(a) Salary;
(b) Superannuation;
(c) Motor Vehicle
leased through the employer (subject to subclause 13.10 below);
(d) Transport
(cost of annual ticket);
(e) Aged care;
(f) Mortgage
repayments;
(g) Rental
payments;
(h) Health fund
premiums;
(i) Laptops,
e-organisers and briefcases; and
(j) Any other
benefits as approved by the Chief Executive from time to time.
13.4 By
mutual agreement with the Chief Executive, an employee may elect to package a
part or all of their post compulsory deduction salary in order to obtain:
(a) a benefit or
benefits selected from those approved by the Chief Executive, as listed in
subclause 13.3; and
(b) an amount
equal to the difference between the employee’s salary, and the amount specified
by the Chief Executive for the benefit provided to or in respect of the
employee in accordance with such agreement.
13.5 An
election to salary package must be made prior to the commencement of the period
of service to which the earnings relate.
13.6 The agreement
shall be known as a Salary Packaging Agreement.
13.7 Except in
accordance with subclause 13.12, a Salary Packaging Agreement shall be recorded
in writing and shall be for a period of time as mutually agreed between the
employee and the Chief Executive at the time of signing the Salary Packaging
Agreement.
13.8 An employee may
request the SCA in writing to reconfigure the annual Total Remuneration Package
not more than four times in any one year.
13.9 FBT payable in
respect of packaging any of the items listed in subclause 13.3 will be charged
to the employee.
13.10 Unless otherwise
approved by the employer, salary packaging of a vehicle arrangement must be
cost neutral to the employer. To this end, a salary package may include the
following components, each of which will be charged to the employee:
(a) Annual lease
rate;
(b) Fleet
management fee;
(c) Risk insurance
charge;
(d) Comprehensive
insurance;
(e) CTP insurance;
(f) Maintenance
costs;
(g) Registration;
(h) NRMA
membership;
(i) Fuel;
and
(j) FBT.
13.11 Obtaining
independent taxation and financial advice in relation to packaging arrangements
is the employee’s responsibility and is encouraged to be obtained prior to
entering into a Salary Packaging Agreement.
13.12 Where an employee
makes an election to sacrifice a part or all of their post compulsory deduction
salary as additional employer superannuation contributions, the employee may
elect to have the amount sacrificed:
(a) paid into the superannuation fund established under the
First State Superannuation Act 1992; or
(b) where the SCA is making compulsory employer superannuation
contributions to another complying superannuation fund, paid into the same
complying fund; or
(c) subject to the SCA’s agreement, paid into another complying
superannuation fund.
13.13 Where the employee
makes an election to salary sacrifice, the SCA shall pay the amount of post
compulsory deduction salary, the subject of election, to the relevant
superannuation fund.
13.14 The amount of post
compulsory deduction salary which an employee may elect to sacrifice to
superannuation is limited to an amount which ensures that the aggregated
amounts of employer contributions to accumulation funds (compulsory employer
superannuation contributions and additional employer superannuation
contributions) do not exceed the employee’s maximum deductible aged based limit
set by the Australian Tax Office as varied from time to time.
13.15 Where the employee
makes an election to salary package and where the employee is a member of a
superannuation scheme established under the:
(a) Police
Regulation (Superannuation) Act 1906;
(b) Superannuation
Act 1916;
(c) State
Authorities Superannuation Act 1987; or
(d) State
Authorities Non-contributory Superannuation Act 1987,
the SCA must ensure that the
employee’s superable salary for the purposes of the above Acts, as notified to
the SAS Trustee Corporation, is calculated as if the Salary Packaging Agreement
had not been entered into.
13.16 Where the employee
makes an election to salary package, and where the employee is a member of a
superannuation fund other than a fund established under legislation listed in
subclause 13.15 of this clause, the SCA must continue to base contributions to
that fund on the salary payable as if the Salary Packaging Agreement had not
been entered into. This clause applies
even though the superannuation contributions made by the SCA may be in excess
of superannuation guarantee requirements after the salary packaging is
implemented.
13.17 Where the employee
makes an election to salary package:
(a) subject to
Australian Taxation law, the amount of salary packaged will reduce the salary
subject to appropriate PAYG taxation deductions by the amount packaged; and
(b) any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
employee’s rate of pay, shall be calculated by reference to the rate of pay
which would have applied to the employee under clause 10, Rates of Pay, or
Schedule 1 to this Award if the Salary Packaging Agreement had not been entered
into.
13.18 The Chief
Executive may vary the range and type of benefits available from time to time
following discussion with the Unions.
Such variations shall apply to any existing or future Salary Packaging
Agreement from date of such variation.
13.19 The Chief
Executive will determine from time to time the value of the benefits provided
following discussion with the Unions. Such variations shall apply to any
existing or future Salary Packaging Agreement from the date of such variation. In this circumstance, the employee may elect
to terminate the Salary Packaging Agreement.
14. No Assignment of
Pay
(a) An employee's
pay will be paid as it falls due with the exception of payments withheld for
the purposes of pay equalisation in conjunction with the 19 day lunar month
pattern of work.
(b) No payment
shall be made in respect thereof to any person by virtue of any order,
document, or instrument whereby an employee may have assigned or attempted to
assign their pay.
(c) Provided that
this clause shall not apply in the case of payments made out of the pay of an
employee at their request in writing in respect of contributions to:
(i) A
Union party to this Award,
(ii) Contributions
to a boarding house or mess establishment on any work,
(iii) The payment
of rental or other charges to the Employer on account of a cottage rented or
purchased from the Employer,
(iv) Amounts
owing by an employee for safety footwear and/or wearing apparel purchased from
or supplied by the Employer,
(v) Other payments
as agreed by the Employer from time to time.
15.
The Performance Management System
15.1 Performance agreements and performance
assessment
15.1.1 Performance agreements
(a) The
responsibility for developing FOCUS Performance Agreements using the standard
template rests equally with managers and employees.
Performance
planning and review meetings under this system will be conducted in June and December of each
year. A period of 6 months service must be completed before a staff member is eligible
for annual salary progression consideration as set out in (c) below .. To ensure salary progression occurs as set out
below, managers will be requested to confirm in writing that there are no
performance issues that would prevent the application of an incremental
progression.
(b) In the
circumstance, where a performance issue has been identified, the SCA will
confirm that the issue is being formally managed in accordance with Clause 15.3
prior to withholding an employee’s salary progression
(c) To be
considered for salary progression (within grade) the employee must have
occupied the position continuously for more than six months
(i) An
employee promoted or employed between 1 July and 31 December will be eligible
for salary progression (within grade) consideration in the following June, and
every June thereafter; or
(ii) An employee
promoted or employed between 1 January and 30 June will be eligible for salary
progression (within grade) consideration in the following December, and every
December thereafter.
(d) The FOCUS
Performance Agreement must express, at the individual employee level, the
priorities and outcomes of the SCA Business Plan, the relevant Work Area
Business Plan and reflect the accountabilities included in the employee’s
Position Description. The Performance
Agreement must describe expectations to be met including key required outcomes
which the employee is to deliver and key performance indicators against which
the standard of delivery is to be measured.
The Performance Agreement will also include the
behaviours by which employees are to conduct their work and contribution to the
team with reference to the SCA Code of Conduct.
Copies of the
Performance Agreements to be forwarded to the Senior Manager, Workforce
Planning to enable monitoring of the system and to ensure agreements are
securely stored after each performance cycle.
15.1.2 Performance assessment
(a) Informal
feedback
(i) Informal
feedback and discussion must occur regularly. Such feedback and discussion may be
initiated by the employee or Manager, and would be based on the Performance
Agreement.
(ii) Such informal
feedback and discussion does not replace mutual obligations relating to
performance management and, depending on the nature of the discussion, may form
the basis of procedures contained at sub-clause 15.3.
(b) Formal
assessment
(i) While
ongoing and informal feedback and discussion on performance should occur
regularly throughout each review cycle, there will be formal assessment points for all award
employees every six (6) months.(June or December).
(c) Objectives of
the formal assessment at the end of the six (6) month cycle are to:
(i) Provide
an opportunity for formal feedback based on work expectations and each of the
performance indicators specified in the Performance Agreement, including an
opportunity for the employee to put their view in writing;
(ii) Review the
Performance Agreement with a view to developing a new Performance Agreement
applicable in the next cycle;
(iii) Provide a realistic
assessment of performance against the Performance Agreement;
(iv) If
necessary, identify the specific action to improve performance; and provide
qualitative feedback
(d) The Manager
must ensure that performance assessment has occurred consistent with the above
objectives and will ensure the FOCUS documentation is forwarded to Workforce
Planning and Management within two months of the conclusion of each six month
cycle.
(e) In case an
employee and the employee’s Manager cannot agree on FOCUS goals or performance
assessment, the employee, in the first instance, should discuss this with the
relevant Group General Manager who will review.
On request, a third party of their choice will support the employee.
15.2 Learning
agreements
(a) Learning Agreements
are integral part of the SCA’s FOCUS Performance Management System. As such, each employee is required to develop
and enter into a Learning Agreement with his or her Manager in conjunction with
the development of the Performance Agreement, using the template.
(b) Learning
Agreements may include activities related to the broadening of employees’
knowledge, capabilities and experience relevant to their current role and also
related to future career development.
(c) Learning
Agreements will distinguish between learning activities that the SCA requires
employee to undertake and activities that employee wish to undertake. An
activity included in the Learning Agreement does not imply that the SCA will
pay the cost associated with that activity. Request for Study Assistance will
be dealt with under the relevant SCA policy.
(d) In agreeing to
the inclusion of a learning activity in the Learning Agreement, the Manager
will consider and allocate appropriate resources. Any activity included in the
Learning Agreement will be subject to budgetary constraints.
15.3 Managing
poor performance
(a) Performance
issues should be discussed as they occur to ensure the employee is aware of the
performance concerns and to ensure corrective action is immediately applied.
Management of these issues may occur at any time during the performance
planning review cycle
15.3.1 Performance
is assessed as Unsatisfactory
(a) Development of
a Performance Improvement Plan
(i) Prior
to commencing the development of a Performance Improvement Plan the Manager
will contact Workforce Planning and Management for advice and guidance
(ii) The Manager
will advise the employee in writing that performance improvement is required
stating expectations and examples of where these have not been met and
recording it in the Performance Agreement as an assessment outcome.
(iii) Within 7 days
of the above notice, the Manager and the employee will be required to discuss
the matter and develop a Performance Improvement Plan that includes:
(A) Realistic and
achievable expectations, and
(B) Strategies that
are to be implemented within a three month period.
(iv) The
Performance Improvement Plan must be consistent with the FOCUS Performance
Agreement. On request, the employee may
be supported by a third party of their choice during the discussions.
(v) Consideration
will be given to the identification of possible barriers to, and opportunities
for achieving sustained performance improvement The
employee will be assisted through supportive management and action may include:
(A) Counselling and
mediation
(B) Training
(C) Coaching and
mentoring
(D) Relocation of
duties or relocation to other areas;
(E) Addressing
OHS&R issues
(F) Addressing
work & life balance.
(b) End of the
Performance Improvement Plan
(i) At
the end of the three month period the Manager and the employee should review
performance and
(A) If performance
has been improved to a satisfactory level, the normal FOCUS performance cycle
continues;
(B) If performance
remains assessed at an unsatisfactory level, the processes at sub-clause
15.3.2 below will be applied.
15.3.2 Continuing
Unsatisfactory performance
(a) Where an
employee’s performance is still assessed as "unsatisfactory "at the
conclusion of the initial Performance Improvement Plan the employee will
receive written advice which details the actions that may occur:
(i) In
circumstances where there has been some performance improvement but not to the
required satisfactory level, the manager will extend the Performance
Improvement Plan for a further three months and
a. The Manager
will immediately discuss with the employee the matters in the written advice
and the assessment process to ensure all parties are heard on the matter. The employee
may be supported by a third party of the employee’s choice and;
b. Discussion may
include mitigating circumstances, and setting realistic and achievable
expectations in the performance improvement plan and.
c. At the
conclusion of the three month review period, the Manager will advise the Group
General Manager on whether or not the employee achieved and sustained a
satisfactory level of performance throughout the review period
d. If performance
is improved and sustained , no further action will be
taken and the normal performance cycle will resume
e. If
performance has not improved to the required satisfactory standard, the Chief
Executive, on advice from the relevant Group General Manager may;
i. Reduce
an employees pay
ii. Terminate
the employee’s employment or
iii. Any other
action the Chief Executive considers appropriate.
(ii) In
circumstances where there has been no performance improvement to the required
satisfactory level, the Chief Executive, on advice from the relevant Group General
Manager may;
a. Reduce an
employees pay
b. Terminate the
employee employment or
c. Any other
action the Chief Executive considers appropriate.
d. Give
consideration to the identification of possible barriers to and opportunities
for achieving sustained performance improvement
16.
Temporary Relief Arrangements
16.1 Filling temporary vacancies
(a) Where a
vacancy exists, the Employer may, on a temporary basis, make one of the
following relief arrangements:
(i) Fill the position (full-time or
part-time) with the most suitable competent employee from a lower pay point;
(ii) Fill the
position (full-time or part-time) with the most suitable competent employee
from a higher pay point without loss of pay;
(iii) Fill the position
(full-time or part-time) with an employee at the same pay point, without
variation in pay, in order to provide the opportunity for the employee
concerned to develop skills;
(iv) Assign
part or all of the duties to an employee or employees from the same pay point
or higher without variation in pay; or
(v) Leave the
position unoccupied.
(b) Temporary
arrangements are voluntary where being forced to undertake the duties of
another position would financially disadvantage an employee.
(c) Decisions for
relief arrangements must be fair, equitable and follow EEO principles. Higher
duties opportunities should be shared fairly amongst employees to develop their
knowledge, skills and experience to the benefit of both the SCA and employees.
16.2 Rate
of payment while on temporary relief
(a) A relieving
employee who performs the duties and takes the responsibilities of the vacant
higher position is to be paid a higher duties allowance equal to the difference
between the employee’s salary payment and the first salary pay point of the
higher position.
(b) Where all
duties and responsibilities are not to be performed or the acting period
provides an employee with development opportunity the proportion of higher
duties allowance can be varied to be commensurate with the proportion of duties
to be undertaken subject to agreement with the employee prior to the
commencement of the acting period.
(c) During the
acting period where a staff member has received less than the full amount of
the higher duties allowance the manager may elect to pay a higher or the full
amount than the agreed percentage where they have determined that the staff
member undertook more functional responsibilities than initially agreed.
16.3 Conditions
(a) The employee shall
receive payment under sub-clause 16.2 if a period of acting in higher duties is
five (5) consecutive working days or longer.
(b) If the period
of acting is 5 consecutive days, if the relieving employee takes leave during
the period of 5 days, then no payment is payable.
(c) If the period
of acting is five (5) consecutive days and it includes a public holiday or a
day where the substantive occupant of the position is on a Flexiday that has
been approved four weeks in advance, the relieving employee will be paid higher
duties for the whole period.
(d) If the period
of relief is for a period of more than five (5) consecutive working days, then
any leave taken during such acting period is to be paid at the rate applicable
to the position in which relief is being provided, unless such leave exceeds
five (5) consecutive working days.
(e) Employees who
have acted for a continuous period of twelve (12) months or longer in the same
higher graded position and who, due to extraordinary circumstances, continue to
act in that position are entitled to be paid at the higher rate for all leave
taken after the continuous period of twelve (12) months.
16.4 Progression
(a) If the period
of acting in the higher position is for a continuous period of twelve (12)
months or longer, the employee so acting may progress subject to the provisions
of clause 15 - Performance Management System.
(b) If an employee
progressed in accordance with sub-clause (a) above, on return to the employee’s
substantive position the employee will be progressed within the Grade to the
pay point one higher than the employee’s pay point prior to the commencement of
the acting arrangement.
(c) Employees who
have been promoted to the vacant position and are receiving payment for higher
duties pending completion of appointment action should continue to receive the
higher payment during all paid leave.
part iv - hours of work and related matters
17.
Hours of Work
17.1 Purpose
(a) The
organisation of work and ordinary hours will optimise work effectiveness and
the fulfilment of the reasonable needs of employees.
(b) The standard
working hours will be those necessary for the completion of routine work and
this clause.
(c) The Employer agrees
that workloads should be capable of being completed during normal working
hours.
(d) An employee
will not be allocated an unreasonable or excessive workload.
(e) It will be the
duty of the employer to ensure that staffing levels are adequate and that
vacancies are filled promptly.
(f) Where overtime
or workloads are identified as excessive this will lead to an assessment of the
area. This may result in the need to change the amount of work undertaken
and/or staffing levels within that area. This assessment will be reported to
the Unions and parties will enter into consultation.
(g) Reasonable
overtime is defined in clause 20.1
17.2 Usual spread of hours
(a) Ordinary
working hours will fall within the usual spread of hours of 7.00 am and 6.00
pm.
17.3 Ordinary hours of work
(a) The ordinary
hours of work of full-time employees is an average of 35 hours per week Monday
to Friday inclusive, worked between the usual spread of hours.
17.4 Eligibility
- Flexitime
The SCA is committed to providing flexible work
practices to ensure that staff are provided with
flexibility in balancing work/life approaches.
A flexible approach to hours of work will be adopted
provided that the business needs of the SCA are met. The Guideline for Flexible
Work Arrangements is established whereby individual staff may select their
starting and finishing times, subject to the convenience of the SCA, its
business needs and work demands.
(a) Employees
shall work under the SCA’s Guideline for Flexible Work Arrangements.
(b) All full time
permanent and temporary award staff (excluding casual staff) will be able to
work under the Guideline for Flexible Work Arrangements within the standard
bandwidth ( or variable bandwidth as approved by the
manager).
(c) An employee will
revert to working standard hours if: It is evident that the staff member is not
correctly applying and observing the conditions under the flexible work
arrangements. A three (3) month review period will be applied for the
Supervisor to support the staff member reverting back to the provisions of
flexitime.
17.5
Purchased Leave
Employees will have access to Purchased Leave of up to
four (4) weeks per calendar year covered by the conditions set out in the SCA’s
Purchased Leave Guideline
17.6 Work
Arrangements
(a) An employee
working flexitime may, subject to business requirements determined by the SCA,
commence duty at any time between 7.00 am and 10.00 am and cease duty any time
between 3.00 pm and 6.00 pm. Time sheets are to be completed each working day
using the SCA’s Time Recording System (TRS).
(b) Employees are
entitled to work their standard daily contract hours (i.e. seven (7) hours). An
employee is entitled to work additional time each day (subject to work being
available and supported by their supervisor) so they can access up to two (2)
flexidays per settlement period
(c) The maximum
number of hours that can be recorded as being worked by the employee is ten
(10) hours per day (exclusive of lunchbreaks).
(d) The minimum an
employee must work each day is 31/2 hours, unless on approved leave.
(e) An approved
lunch period of not less than 30 minutes is to be taken each working day
between 11.00 am and 2.00 pm. unless the employee’s manager has agreed prior to
the lunch break being taken that the employee may take their lunch break at an
alternative time
(f) An employee
may be required to work standard hours if flexitime conditions are not being
observed and correctly applied as set out in Clause 17.4 (c).
17.7 Bandwidth
and Coretime
17.7.1 Bandwidth
(a) Bandwidth is
the span of hours during the working day when an employee may record the time
they have worked. The Bandwidth commences at 7.00 am and concludes at 6.00 pm,
excluding the lunch period.
(b) Time worked
outside of the bandwidth period does not count towards accumulated hours.
(c) Time worked
outside of the bandwidth period at the direction of the SCA does not count
towards the accumulation of hours and the period is payable as overtime as set out
in Clause 20.3 of this Award. .
17.7.2 Core
hours and attendance
(a) Coretime is the specified period during the working day
when all staff are required to be on duty unless they
are on authorised/approved leave.
(b) Employees must:
(i) Commence
work at the approved time; and
(ii) Be on duty
between the hours of 10.00 am and 3.00 pm (excluding lunch time) unless on
approved leave.
(c) Where an
employee commences work after 10.00 am, the employee must apply for recreation
leave or have flexiday entitlements reduced to cover the period of
absence. Where no recreation leave or
flexiday entitlements are available to the employee, the employee must take
leave without pay.
17.8 Taking
Flexidays
(a) Where business
requirements support hours of work undertaken, employees may elect to take two
full flexidays (of equivalent ½ days) during the four week settlement period,
provided that at the end of the settlement period the employee does not exceed
ten hours in debit after balancing the required contracted 140 working hours
for the settlement period.
17.9 Banked
Flexidays
(a) Subject to
sub-clause 17.8, an employee’s banked flexidays shall not exceed:
(i) Four
(4) banked flexidays.
17.10 Variation of hours
(a) The Employer
may vary starting and ceasing times to meet operational requirements in cases
where work cannot be carried out during the usual spread of hours of 7.00 am
and 6.00 pm.
(b) Employees
whose starting and ceasing times have been varied by the Employer will be entitled
to a loading of:
(i) 25%
for those hours worked outside the usual spread of hours; or
(ii) 50% for those
hours worked outside the usual spread of hours if work is required to start
before 5.00 am or finishes after 8.00 pm.
(c) The loading
specified in sub-clause (b) shall not apply where the variation has been made
by mutual agreement between the Employer and the staff member concerned.
18.
Meal Breaks
18.1 Monday
- Friday
(a) Employees will
be allowed a mid-day meal break of not less than 30 minutes without pay.
(b) No employee
will be required to work for more than five (5) hours on any day without a
break for the "midday" meal, unless the requirements of the work make
it impracticable to allow such break before five (5) hours have elapsed.
(c) In cases where
employees are required to work for more than five (5) hours without a break,
the break will be allowed as soon as practicable thereafter and in any event
before six (6) hours have elapsed.
(d) Where an
employee is required to work for more than the period of five (5) hours
specified in this sub-clause they will be paid at the rate of time and one half
from the end of five (5) hours until the meal break occurs. Where overtime is worked contiguous with the
day in question this payment will not be taken into account in the calculation
of overtime.
18.2 Meal
breaks during overtime Monday to Friday
(a) Employees who
are required to continue work beyond their normal ceasing time of an ordinary
working day will, if the period of overtime to be worked is more than one (1)
and a half hours, be allowed a meal break of 30 minutes which will be paid for at single time rates provided they are required to work at
least 30 minutes after the break.
(b) Where the
overtime continues for more than five (5) and a half-hours, an additional paid
break of 20 minutes is to be allowed with a further paid break of 20 minutes
each four (4) hours thereafter, provided overtime continues, with each meal
break being paid for at single rates.
18.3 Saturdays,
Sundays or Public Holidays
(a) Employees
working overtime on Saturdays, Sundays or Public Holidays will be entitled to a
paid meal break of 30 minutes after each four hours of overtime worked,
provided that employees continue to work after the break. These breaks are paid at overtime rates.
18.4 Variation
to meal breaks
(a) Notwithstanding
these provisions, meal breaks may be taken by agreement, at any time to best
reconcile the needs of work and the employees who perform it and without
payment of penalty.
19. Rest Breaks
(a) Employees
required to continue work after their normal hours
must have a rest period of ten (10) consecutive hours before again starting
work.
(b) Employees
recalled to work after ceasing work, who work for more than a total of four (4)
hours will be entitled to a rest period of ten (10) consecutive hours
before again starting work.
(c) Employees
recalled to work after ceasing time who do not
actually work for more than a total of four (4) hours are not entitled to the
provisions of sub-clause (b) above.
(d) Employees
directed to resume or continue work without having their 10 hour rest period
will be paid at time and one half for the first two hours and double time
thereafter until they are released from duty.
(e) Where an employee
is entitled to be absent for a rest period of ten (10) consecutive hours under
sub-clauses (a) or (b), the employee will receive normal pay for the break for
the hours that fall during the employee’s normal hours of work Monday to Friday
inclusive.
(f) Rest periods
are calculated from the time the employee is absent from work. The 10 hour rest
break includes travel to and from work at whatever location.
20.
Overtime
20.1 Requirement to work additional hours
(a) Subject to
sub-clause (b), an Employer may require an employee to work reasonable overtime
at overtime rates.
(b) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(c) For the
purposes of sub-clause (b) what is unreasonable or otherwise will be determined
having regard to:
(i) any risk to employee’s health and safety;
(ii) the employee's personal circumstances including any family
and carer responsibilities, community obligations or study arrangements;
(iii) the needs of the workplace or enterprise, the urgency of the
work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services,
(iv) the notice (if any) given by the Employer of the overtime
and by the employee of his or her intention to refuse the working of additional
hours; and
(v) any other relevant matter.
20.2 Eligibility
(a) Subject to
clause 17 - Hours of Work, overtime will mean all
authorised time worked before, after or beyond the normal hours of work.
(b) An employee is
not entitled to the payment of overtime where the employee agrees to forego
overtime payments pursuant to sub-clause 30.4- Carer’s Leave
20.3 Rate
of payment
(a) Unless
otherwise specified in the Award, and subject to sub-clause (b) below, payment
for all approved overtime will be paid at the following rates:
(i) Monday
to Friday - time and one half for the first two hours and double time
thereafter;
(ii) Saturdays -
time and one half for the first two hours and double time thereafter, and all
time after 12 noon at double time;
(iii) Sundays -
double time;
(iv) Public
Holidays - double time and one half;
provided that an employee who
is occupying a position above Grade 12, will be paid overtime at Grade 12.4
rate.
(b) Employees
required to work overtime on a Saturday, Sunday, Public Holiday or a day they
are rostered off will work, or be paid, for a minimum of four (4) hours, except
where such overtime is continuous with overtime commenced on the previous day.
(c) Where
employees are required to work overtime both before and after their usual
working hours on the same day, the Employer will add the overtime hours worked
both before and after to make a total amount of overtime. This total will be used to calculate when
double ordinary rates become payable.
(d) An employee
working overtime and finishing work at a time when reasonable means of
transport is not available shall be conveyed to their home within a reasonable
time by the Employer.
20.4 Salary for overtime purposes
(a) Unless
specifically identified in this Award in relation to a particular provision,
special rates or allowances will not be taken into consideration in the
computation of overtime.
21.
Call-Out
21.1 Employee required to
leave home
(a) These
provisions will apply in circumstances when the employee is called back to work
and is required to leave home and return to a work location.
(i) Employees
called back to work after the usual ceasing time and before 6.00 a.m. on the
next working day will be paid a minimum of four (4) hours at the appropriate
overtime rates.
(ii) Any further
call-outs within the four (4) hour period set by the first call are covered by
the initial four (4) hour payment.
(iii) Call-outs
after the initial four (4) hours are paid at the appropriate overtime rate for
the actual time of the call out.
(iv) Payment
will be calculated from the time the employees leave home to attend the
call-out until they return.
(v) Any time worked
by an employee called out will not contribute toward the calculation of that
employee's ordinary hours.
21.2 Call-out
without employee leaving home
(a) These provisions
will apply where an employee is called at home and is able to resolve the issue
without leaving home:
(i) The
employee will be paid in 30 minutes segments at overtime rates under sub-clause
20.3 for the time it takes to resolve the issue.
(ii) If the
employee is called more than once on the same issue, the time for calculating
payment will commence from the first call and finish at the time the matter is
resolved provided the gap between calls does not exceed three (3) hours.
(iii) If the gap is
greater than three (3) hours, the matter will be regarded as a new issue.
(iv) If
a person is called on another issue while the first issue remains unresolved,
the time for calculating payment will end when the second issue is resolved,
provided the gap between any calls does not exceed 3 hours.
22.
Stand-By
22.1 Purpose
(a) It is
recognised that the Employer has a statutory requirement to provide an
efficient service to the public. To this end, nominated employees may be placed
from time to time on a stand-by roster in order to maintain out of hours
services.
(b) The term
"stand-by" means the person is rostered to be contactable, and able
to respond to a call-out within a reasonable time.
22.2 Stand-by
payments
(a) An employee
rostered to stand-by will be paid at the following rates:
(i) Weeknights
(exclusive of public holidays) - two (2) hours pay at single time
(ii) Saturdays,
Sundays and public holidays - eight (8) hours pay at single time per 24 hour
day.
(iii) Standing-by during
weeknights will be deemed to
(A) Commence from
ceasing hours of work (including continuous overtime) or rostered work on one
day, and
(B) End at normal
starting time on the next working day.
(b) Stand-by time
will not be computed as overtime but will be paid at single rates.
22.3 Overtime
worked in conjunction with stand-by
(a) Where an
employee is required to do overtime whilst on stand-by the employee will be
paid rates in accordance with the provisions of the clause 20 - Overtime, in
addition to any standing-by payment.
23.
Travelling Time
23.1 Definitions
(a) For the
purpose of this clause:
(i) "Sent
temporarily to work away" means where employees are required to report to
another work location for a specified period, which does not contemplate a
permanent placement.
23.2 Entitlements
(a) Employees sent
temporarily to work away from their recognised office and required and approved
to commence travel before 7.00 am or finish travel after 6.00 pm, will be
entitled to payment at single time rates for all time occupied in travelling to
and from the job in excess of one (1) hour for each journey.
(b) Employees sent
temporarily to work away from their recognised office who are required to work weekends including all public
holidays ,will be entitled to payment at single time rates for all time
occupied in travelling to and from their final work location
(c) Travelling
time cannot be claimed as overtime
24.
Declared Incident Conditions
24.1 Definitions
(a) "Declared"
the term does not include any declaration made under the SCA Corporate Incident
Management Manual.
(b) "Day
shift" refers to employees who are rostered to start their normal hours of
work sometime during the normal spread of hours.
(c) "Incident"
means
(i) bush fire emergency declared under Section 44 of the Rural
Fires Act 1997, or
(ii) any other Incident declared by the Minister, or
(iii) a declaration by the Chief Executive that the entitlements
of clause 24 -Declared Incident Conditions, will apply to staff engaged in
managing the Incident.
(d) "Incident
Control" means the Incident management team including Group and Sector
Commanders.
(e) "Night
shift" refers to employees who are required to work their normal hours
outside the spread of hours of 7.00 am and 6.00 pm.
(f) "Normal
hours" refers to employees who are employed to work a 35 hours per
week.
(g) "Rest
break" means the time between ceasing normal hours of work or Incident
shift and commencing next period of work or Incident shift at the same or a
different work location and includes all time spent on any travel between the
work location(s) and where the rest break will take place, i.e. home or the
accommodation provided by the SCA under sub-clause 24.4 below.
(h) "Roster"
means the scheduled work arrangements made by a Manager or Incident Controller
during an Incident according to the nature of needs. Being
rostered means that the SCA directs the person to work at a particular time
and/or at a particular location. The term does not include employees’
normal working arrangements.
(i) "Shift"
means the hours the employee is required to work during the Incident. There is
no "shift work" as such applicable to the SCA under the Award.
(j) "Site"
means the location of an Incident.
(k) "Site
duty" means being engaged in on-ground Incident related activities
(l) "Work
arrangement" means the approved work pattern in which normal hours are
worked.
24.2 Application
and inconsistency with other provisions of the Award
(a) The following
conditions apply in circumstances where an Incident is declared and until such
time as the declaration of the Incident is lifted.
(b) Where the
conditions in this clause are inconsistent with any other provisions of this
Award, the provisions of this clause will prevail.
(c) The operation
of clauses 20 - Overtime, and 23 - Travelling Time, will be suspended at the
time of the Incident being declared for those employees involved in the
Incident unless otherwise provided in this clause.
(d) The operation
of clause 17 - Hours of Work, will be suspended at the time of the Incident
being declared for those employees involved in the Incident. Any flexiday in
credit at the time of the declaration or accrued during Incident work or were
due to be taken during the Incident will be carried forward to the next
settlement period. Such flexidays will not count toward the limit applicable to
Flexiday accrual and must be taken at the earliest convenient time.
(e) Calculation of
any of the entitlements in this clause will be based on the employee’s approved
work arrangement that specifies normal commencement and finishing times in
accordance with 35 hour week arrangements.
(f) As
soon as an Incident occurs, any person who is
(i) Rostered
for Incident duties on behalf of the SCA;
(ii) Rostered for
fire fighting duties by Incident Control; or
(iii) Directed or
rostered to undertake operational or administrative tasks associated with the
Incident,
must keep a diary using the
Incident Activities Diary form.
(g) When an employee
is rostered for Incident duties, the duties will start from the site or work
location at which the employee is rostered to work, and finish at the end of
the rostered time at that site or work location except in circumstances where
the employee is required to travel to another site or work location in which
case the work will finish at the last site or work location.
(h) Subject to
sub-clause 24.6 below, employees may only be required to work a maximum of
twelve hours on site.
24.3 Rest
breaks and fatigue management
(a) The health,
safety and well-being of employees is of utmost
importance to the SCA. It is the responsibility of the Manager or Incident
Controller or nominee to ensure that reasonable shifts and rest breaks are
adhered to.
(b) Work
arrangements and rosters must ensure that employee have appropriate rest
periods when working under fire related emergency conditions. To this end, this
Award provides the framework for rostering arrangements and prescribes limits
to work arrangements, including prescribed rest breaks. While the Award
provides compensation for situations where an employee is not allowed a ten
(10) hour break between shifts, this provision is not designed to be used to
negate the obligation to afford a ten (10) hour rest break.
(c) It is
important to manage fatigue as it increases the risk of injury, reduces
awareness and decision making capacity.
(d) Managers/Incident
Controllers need to exercise duty of care in making staffing arrangements in
response to an Incident. Fatigue management must be a key consideration in
rostering an employee for Incident related work:
(i) In
order to manage fatigue, Managers/Incident Controllers should ensure that
employees adhere to their rostered hours, cease work and have adequate rest breaks.
(ii) A Manager or
Incident Controller would need to consider removing an employee from the roster
in order to manage fatigue.
(iii) Employees
have an obligation to inform their Manager/Incident Controller if they feel
that fatigue impacts on their health and well-being and ability to continue
work on-ground Incident related tasks.
24.4 Provision
of accommodation
(a) Where it is
the view of an employee that it is not possible or feasible for the employee
(i) To
return home at the end of the shift for a rest break before the commencement of
the next shift, or
(ii) To recommence
work at the employee’s normal place of work,
the employee may request the
Manager or Incident Controller to make arrangements for the provision of
suitable accommodation.
(b) The Manager or
Incident Controller in making a decision in this regard,
will have regard to
(i) The
length and location of the rostered work,
(ii) The
requirement for a ten (10) hour rest break before the next roster or return to
the employee’s normal work location,
(iii) The distance
to the employee’s home,
(iv) Fatigue
management requirements, and
(v) Availability of
suitable accommodation.
(c) The request
will not unreasonably be refused.
24.5 Call-out
(a) An employee
who is not rostered for work and is called back to work at an Incident after
finishing work will be paid a minimum of four (4) hours at the appropriate
overtime rates.
(b) Payment will
be calculated from the time the employee leaves home or the accommodation
provided by the SCA to attend the call-out until they return to home or to the
accommodation provided by SCA.
(c) Any time
worked by an employee called out will not contribute toward the calculation of
that employee's ordinary hours.
24.6 Entitlements
24.6.1 Incident Control, operational and
support functions
(a) The following
provisions will apply to all employees required to work in Incident Control, operational
and administrative support functions:
(i) Employees
may be rostered to work in either
(A) Normal hours
(i.e. seven (7) hrs per day) for a continuous period
not exceeding twelve (12) days (including work on Saturdays, Sundays or Public
Holidays);
(B) Up to twelve
(12) hours per shift (normal hours and overtime) plus handover briefing and
debriefing for a maximum of five (5) days provided that
(1) These
employees must have a ten (10) hour rest break between finishing work on one
day and commencing work next;
(2) After each
five (5) consecutive days worked on a twelve (12) hour shift, employees must
have two (2)rest days (unpaid); and
(3) Overtime will
be paid in accordance with sub-clause 20.3.
(C) In accordance
with night shift provisions at sub-clause 24.6.4;
(D) In accordance
with 7-day roster provisions at sub-clause 24.6.3; or
(E) A mix of site
and non-site related duties in which case the relevant site duty provisions
will apply.
(b) Employees
rostered to work without having their ten (10) hour rest break will be paid at
time and one half for the first two hours and double time thereafter from the
commencement of the next shift until they are released from duty. They will then be entitled to be absent for a
rest break of ten (10) consecutive hours without loss of pay if the ten (10)
hours or part thereof fall on a normal workday.
24.6.2 Site
duties - First 24 hours
(a) The first shift
falling within or following the declaration of an Incident may extend to a maximum
of sixteen (16) hours. Hours include normal hours of work and continuous
overtime hours. (The intention of this Award is to allow flexibility in
exceptional circumstances; e.g., new crews arriving late, unforeseeable
worsening of the Incident).
(b) In the above
circumstances, an employee will be entitled to be paid for hours worked as
follows
(i) Double
time (normal pay plus single pay) for all continuous hours worked on week days;
and
(ii) Double
time and a half for all continuous hours worked on Saturdays, Sundays and
Public Holidays.
(c) Payment under
this sub-clause will be regarded as overtime for relevant purposes.
(d) Following a
sixteen (16) hour shift, the employee must have a ten (10) hour rest break
before returning to normal hours or work on a shift without loss of pay. Ten
(10) hours include all time spent on any travel between the site and home or
the accommodation provided by the SCA under sub-clause 24.4 above.
(e) For full-time
employees, normal salary (single time) is paid if the ten (10) hour rest break
(or part thereof) falls between the span of hours of 7.00 am and 6.00 p.m.
Monday to Friday. Part-time employees will be entitled to receive payment if
they would have worked on that day.
24.6.3 Site
duties - 7 day roster
(a) The following
provisions apply to an employee who completes a 7-day roster to work in
relation to an Incident with the pattern of
(i) Three (3) consecutive shifts (maximum
of twelve (12) hours per shift);
(ii) One (1) day
(24 hours) paid rest day; the employee will be paid a normal day’s pay at
single rates regardless of day of week on which the rest day falls; and
(iii) Three
(3) consecutive shifts (maximum of twelve (12) hours per shift).
(b) Employees, who
have completed a 7-day roster in accordance with the above, must have two (2)
days off prior to returning to normal work or on site work. Such days off will
be unpaid, regardless of the day of the week on which the days fall. However,
an employee may elect to take flexiday(s) due if the rest break falls on a day
during Monday to Friday.
(c) If the 7-day
roster includes night shift, payment will be made in accordance with sub-clause
24.6.4(b). In all other circumstance the relevant penalty rates under
sub-clause 20.3 - Overtime, will apply to overtime.
(d) Following the
completion of rostered hours (including continuous overtime), employees must
have a 10-hour rest break before returning to normal hours or another shift.
These ten (10) hours include all time spent on any travel between the site and
home or the accommodation provided by the SCA under sub-clause 24.4 above.
(e) Employees
directed to resume or continue work without having their ten (10) hour rest
period will be paid at time and one half for the first two hours and double
time thereafter until they are released from duty. They will then be entitled
to be absent for a rest period of ten (10) consecutive hours without loss of
pay if the rest break falls on a day between Monday to Friday.
24.6.4 Site
duties - night shift
(a) An employee
cannot
(i) Be rostered on night shift on any day
when normal hours have been worked on the day when the night shift commences;
(ii) Return to
normal hours on the same day on which a night shift finishes; or
(iii) Be rostered
on another shift before a 10-hour break is taken between the shifts.
(b) An employee
rostered to work normal hours as night shift will be entitled to be paid as
follows:
(i) Night
shift during the period commencing between 6.00 pm and 11.59 pm Monday to
Friday - double time for all continuous hours worked on a shift (normal pay
plus single pay).
(ii) Night shift
during the period commencing between 6.00 pm and 11.59 pm on Saturday, Sunday
or a Public Holiday - double time and a half for all continuous hours worked on
a shift (normal pay plus single pay and a half).
(c) Payment is
regarded as overtime for relevant purposes.
(d) Employees must
have a 10-hour rest break between shifts or before returning to normal hours
without loss of pay if the break falls on a weekday. Ten (10) hours include all
time spent on any travel between the site and home or the accommodation
provided by the SCA under sub-clause 24.4 above.
24.6.5 Meal
breaks and meal allowances
(a) No employee
shall have time deducted from pay for meal breaks unless they are actually
relieved of Incident Duties for the period of the break. Where meals are
provided to an employee on the ground and eaten in conjunction with Incident
duties, no deduction will be made from pay.
(b) Employees will be
entitled to be paid meal allowances provided under sub-clause 41(b) as follows:
(i) If
day shift and continuous overtime finishes after 6.00 pm but before midnight -
meal 3,
(ii) If day shift
and continuous overtime finishes after midnight but before 6.00 am the next day
- meals 3 and 2
(iii) If day shift
or night shift and continuous overtime finishes after 6 am the next day - meals
3 and 2 and 1.
24.6.6 Travelling
time
(a) "Travelling
time" for the purposes of this clause means the period of travel between
the employee’s home and site duty or from site duty to the employee’s home.
(b) Travelling time
will be paid at the employee’s normal pay at single rate.
(c) Travelling
time cannot be claimed as overtime.
(d) Travelling time
is part of the rest break.
part v - leave and public
holidays
25. Public Holidays
25.1 Entitlements
(a) Employees
are entitled to be absent on full pay for all public holidays proclaimed as
such for the state of New South Wales or the County of Cumberland (except the first
Monday in August).
(b) Employees
will also be entitled to one additional day, which they may elect to take
either:
(i) Between Christmas Day and New Years Day; or
(ii) The
Union Picnic Day.
(c) The
Union Picnic Day will occur on or before the first Monday in November of each
year or another date to be approved by the Employer.
(d) Part-time
employees shall be entitled to be absent on full pay on public holidays,
provided that the public holiday falls on a day that the employee is scheduled
to work.
(e) Payment
will only be made if the employee is at work for the full day, or on approved
absence, on both their scheduled working days immediately before and after the
public holiday.
(f) Employees
will be regarded as having worked when they are on:
(i) Recreation leave
on full pay;
(ii) Flexidays
off;
(iii) Study
leave;
(iv) Union training leave;
(v) Approved
sick leave with or without pay;
(vi) When the job has been closed by the Employer for reasons
other than industrial action; and
(vii) Leave
without pay (provided the Public Holiday falls within the first fourteen (14)
calendar days of the leave).
(g) Public
holidays occurring during periods when an employee is on long service leave
shall not be counted as part of the long service leave
(h) Where
a five (5) day week is worked, no payment shall be made for holidays observed
on a Saturday or Sunday.
26.
Recreation Leave
26.1 Entitlement
(a) Permanent full-time
employees receive twenty (20) working days (four (4) weeks) recreation leave,
for each year of service.
(b) Part-time and
temporary employees will be entitled to recreation leave on a pro-rata basis.
(c) During the
year, recreation leave accrues on a proportional basis.
(d) For the
purpose of calculating recreation leave, any period in excess of seven (7)
working days during which an employee is on leave without pay will not be
deemed to be included in any year of an employee's service, except for
employees referred to in sub-clause (e) below.
(e) Any employee
who is:
(i) An
accredited delegate of the union/association contained in the clause 3 -
Definitions, of this Award;
(ii) Elected to a
Committee of Management or Welfare and Emergency Fund Committee; or
(iii) A member of a
consultative committee, and
(iv) Who takes leave
without pay to attend Union business,
will not lose any rights which
accrue under this clause.
26.2 Taking
of leave
(a) Recreation
leave shall be taken at a time convenient to the Employer.
(b) All full time
employees are required to take their twenty (20) day recreation leave within
six (6) months of its accrual date, part-time employees on a pro-rata basis, unless
they have the written permission of an authorised employee to defer their
leave. Employees shall take leave to
ensure that the maximum entitled annual leave balance shall be no more than 40
days (or pro rata equivalence for part time work) by the end of May and
November each year which will be known as the six monthly balance review
periods.
(c) Unless it is
not practical, or there are exceptional circumstances, employees should seek
approval of their leave application at least one (1) month before the date from
which the leave is to commence.
(d) If no
application for leave is received before the commencement of leave, leave will
be taken as Leave without Pay unless the employee provides acceptable reasons
to the Chief Executive.
(e) The Employer
may direct an employee, by the giving of four (4) weeks
notice, to take the balance of their current year's entitlement.
26.3 Conserved
leave
(a) The Chief
Executive may approve the taking of conserved leave on request from an employee
where the employee demonstrates the need for leave in excess of the leave days
otherwise available to the employee.
(b) Recreation
leave deemed to be conserved (less already taken) will be paid out on
termination of service at the employee’s pay point most paid during the twelve
(12) months immediately prior to termination date, but in any case at a rate no
less than the employee’s substantive pay point.
26.4 Payment
for leave
(a) Recreation
leave will represent time off work, and in no case shall an employee receive
two (2) pays for the same day.
(b) Employees are
entitled to be paid in advance for their period of leave on request. Where an
employee has given notice that they require their leave to be paid in advance,
and through the fault of the Employer, this has not occurred, the employee will
be entitled to:
(i) A
maximum of two (2) hours ordinary pay; and
(ii) Reasonable
fares for collecting their pay once leave has commenced.
(c) Upon
termination, employees will receive the monetary value of their untaken leave balance.
(d) Recreation
leave will be paid at the pay point most paid during the twelve (12) months
immediately before the date of termination but in any case at a rate no less
than the employee’s substantive pay point
27. Recreation Leave
Loading
27.1 Entitlement
(a) For the
purposes of calculation, a leave year is from 1 December one year to 30
November the next year, and the amount paid will be in respect of each calendar
year completed.
(b) The rate of
leave loading is 17.5% of up to four (4) calendar week’s recreation leave
provided that the maximum monetary amount of leave loading will not exceed the
value of the leave loading for pay point 2 of Grade 14.
(c) Leave loading
is paid only once for a leave year.
(d) The monetary
value of the leave loading will be paid in the first pay in December each year.
(e) Loading is not
paid: -
(i) On
resignation,
(ii) Where the
employee has been dismissed by the Employer for serious misconduct,
(iii) Upon the
death of an employee,
(iv) In
respect of broken periods of service, or
(v) To employees
regarded as trainees on full time courses at Universities.
28.
Long Service Leave
28.1 Definitions
(a) The term
"days" shall include all days, excluding Saturdays and Sundays the
employee would have been normally scheduled to work. Public holidays that fall whilst an employee
is on a period of long service leave will be paid and not debited from an
employee’s leave entitlement.
(b) The term
"service" for purposes of this clause means all periods of broken
service of employment recognised under the Government Sector Employment
Regulation 2014 employment with the Sydney Water Corporation including its
predecessors and employment with the SCA.
(c) "Net
service" means recognised service less any period of unpaid leave in
excess of 10 days, subject to sub-clause 29.14 - Sick Leave Without
Pay.
28.2 Entitlement
28.2.1 Full-time employees
(a) Full-time
employees receive 44 days long service leave after ten (10) years of continuous
net service.
(b) After
completion of the first ten (10) years of continuous service, long service
leave will accrue, on a daily basis, at the rate of 10.9 days per year.
(c) From the
commencement date of this Award, employees with 7 years or more service will be
entitled to take or be paid out on resignation long service leave in the usual
manner.
28.2.2 Part-time
employees
(a) Part-time
employees receive long service leave on a proportional basis based on the
number of hours worked in relation to full-time hours. Part-time employees leave is calculated by
the following formula:
Full-time entitlement to LSL
|
x
|
No of Part-time
hours
|
=
|
LSL entitlement
|
|
|
No of Full-time
hours
|
|
|
28.2.3 Casual employees
(a) Casual employees
are entitled to long service leave on a proportional basis on the number of
ordinary hours worked in relation to full time ordinary hours of the position.
Casual employees leave is calculated by the following formula:
Full-time employee entitlement to LSL
|
x
|
No of ordinary casual hours
|
=
|
LSL entitlement
|
No of ordinary full
time hours of position
|
|
|
28.3 Taking
of leave
(a) Long service
leave may only be taken at a time convenient to the Employer.
(b) Accrued long service
leave may be taken on full pay (i.e. one day’s pay for one day’s leave) or on
half pay (i.e. half a day’s pay for one day’s leave).
(c) Unless there
are exceptional circumstances or where it is not practical, employees shall
seek approval of their leave application at least one (1) month of the date
from which the leave is to commence.
28.4 Accrual
of leave
(a) Long service
leave is fully accumulative.
(b) Long service
leave accrues whilst employees are on any type of paid leave.
(c) Any employee
who is:-
(i) An
accredited delegate of the union/association contained in clause 3 -
Definitions, of this Award; or
(ii) Elected to a
Committee of Management or Welfare and Emergency Fund Committee,
(iii) Member of
Consultative Committee, and
(iv) Who takes leave
without pay to attend Union business
will not lose any rights which
accrue under this clause.
28.5 Pro-rata
entitlement on termination
(a) Employees who
have completed between five (5) and less than seven (7) years continuous
service and whose services are terminated in the circumstances set out in
sub-clause (b) below, are entitled to payment of a proportional amount of long
service leave on full pay calculated on the basis of three (3) months leave for
fifteen (15) years of service. There is no requirement for an employee with
seven (7) or more years of service to have been terminated or resign due to one
of the requirements of sub clause (b) to claim an entitlement.
(b) Employees are
entitled to payment of a proportional amount of long service leave where their
services are terminated:
(i) By
the Employer for any reason other than serious and wilful misconduct;
(ii) By the
employee because of illness, incapacity, domestic or other pressing necessity;
(iii) Due to the
death of the employee; or
(iv) Due
to work not being available at the pay point to which the employee has
been appointed and where the only alternative employment with the Employer is
at a lower pay point.
28.6 Payment
for leave
(a) Long service
leave will be paid at the rate prescribed for the pay point most paid during
the twelve (12) months immediately prior to commencing such leave or ceasing
duty in the Employer's service, but in any case at no less than the employee's
substantive rate at time of taking leave.
29.
Sick Leave
29.1 Purpose of sick leave
(a) Sick leave is
provided to employees who are unable to perform their duties because of genuine
illness or incapacity. Sick leave should
not be construed as a right to more leave.
29.2 Amount
of leave
(a) An employee
may be granted up to twenty (20) days sick leave on full pay in a sick leave
year.
(b) A sick leave
year is the twelve (12) months from 1 December to 30 November.
(c) If an
employee's services are terminated and they are subsequently re-employed in the
same calendar year, the amount of sick leave credited to the employee on
re-employment for that year will not exceed twenty (20) days or the amount they
would have been entitled to had their employment been
continuous, whichever is the lesser.
(d) The unused
amount of sick leave will be available in following sick leave years, i.e. sick
leave is fully accumulative.
29.3 First
year of service
(a) During the
first year of service, an employee shall be credited with a proportional amount
of sick leave based on the date employment commenced. For the first year of service, sick leave
will be credited on the following basis:
(i) If
service commences on or after 1 December and before 1st March, twenty (20) days
sick leave;
(ii) If service
commences on or after 1 March and before 1st June, fifteen (15) days sick
leave;
(iii) If service
commences on or after 1 June and before 1st September, ten (10) days sick
leave;
(iv) If
service commences on or after 1 September and before 1 December, five (5) days sick
leave.
29.4 Part-time
employees
(a) The amount of
sick leave available is at a proportional rate based on the number of hours
worked in relation to full-time hours.
The amount of sick leave for a part-time employee is calculated by the following
formula:
No of Part-time
hours
|
x
|
full-time
entitlement
|
=
|
sick leave for
part-
|
No of Full-time
hours
|
(in hours)
|
time employee
|
29.5 Temporary
employees
(a) Temporary
employees are entitled to sick leave on a pro rata basis.
29.6 Taking
of sick leave
(a) Subject to the
satisfaction of the Employer, an employee may be granted sick leave to cover an
absence where the employee is unable to perform their duties because of illness
or incapacity which has not been caused by their own misconduct.
29.7 Notice
of illness
a) .
An employee shall notify their manager/supervisor on the day of the absence in
a timely manner of their inability to attend work due to illness or incapacity
and the estimated length of the absence.
b) If the duration
period is unclear at the time, the employee must notify their
manager/supervisor again with a definitive period of absence.
c) Every effort
should be made to contact directly the manager/supervisor as close to starting
time as possible by phone. In special circumstances it maybe
necessary to make contact through email or SMS txt message if mobile details
are known.
d) If the
employee fails to make contact with their manager/supervisor on the day of the
absence, the manager/supervisor will make contact with the employee to enquire
on their well-being.
29.8 Provision
of medical certificate
(a) A medical
certificate must be supplied to the Employer for an absence of sick leave of
four (4) or more consecutive days.
(b) An employee
with less than twelve (12) months' service who is absent on sick leave for any
period, may be required by the Employer to submit a medical certificate showing
the nature of the illness.
(c) These
provisions do not restrict the Employer from directing employees to provide
medical certificates for any period of sick leave.
(d) The term
"medical certificate" includes the following:
(i) Where
the absence is for a period of one week or less, a certificate issued by a
dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo-facial surgeon or, at the discretion of the Chief
Executive, another registered health service provider;
(ii) When the
absence exceeds one week, and unless the registered health service provider is
also a registered medical practitioner, applications for any further sick leave
must be supported by a medical certificate from a registered medical
practitioner.
29.9 Supplement
to workers compensation payments
(a) An employee
shall not be entitled to paid sick leave for any
period where they are entitled to full workers' compensation payments.
(b) Where an
employee is not in receipt of full workers' compensation payments and they have
sick leave entitlements, at the request of the employee, the Employer shall pay
to that employee the difference between the workers' compensation payments and
full pay. The employee's sick leave
entitlements will be reduced by the appropriate amount. When sick leave entitlements have been
exhausted, the workers' compensation payments only shall be payable.
29.10 Payment
for sick leave
(a) Sick leave
shall be paid at the pay point most paid during the twelve (12) months
immediately prior to commencing such leave or in any case not less than their
substantive rate.
(b) Part-time employees
will only be paid sick leave for the absences that occur during the hours they
were scheduled to work.
29.11 Illness
whilst on recreation or long service leave
(a) Where
employees who are eligible for sick leave produce a valid medical certificate
that is acceptable to the Employer, stating they were sick whilst on recreation
or long service leave, they may be recredited with
the recreation or long service leave for the period of illness.
(b) Any period of
illness whilst on recreation leave may be converted to sick leave and the
equivalent amount of recreation leave recredited to
the employee.
(c) In the case of
long service leave, the illness must be of at least five (5) consecutive
working days before the long service leave may be converted to sick leave.
(d) If an employee
takes sick leave whilst on recreation or long service leave, the amount of sick
leave taken will be deducted from the employee's sick leave entitlement.
29.12 Workers
compensation
(a) Workers
compensation will be in accordance with the relevant workers compensation
legislation.
29.13 Claims
other than workers compensation
(a) If the
circumstances of any injury to or illness of a
employee give rise to a claim for damages or to compensation, other than
compensation under the Workplace Injury and Illness Management Act or Work
Health and Safety Act, sick leave on full pay may, subject to and in accordance
with this clause, be granted to the employee on completion of an acceptable
undertaking that:-
(i) Any
such claim, if made, will include a claim for the value of any period of paid
sick leave granted by the SCA to the employee; and
(ii) In the event
that the employee receives or recovers damages or compensation pursuant to that
claim for loss of salary or wages during any such period of sick leave, the
employee will repay to the SCA the monetary value of any such period of sick
leave.
(b) Sick leave on
full pay shall not be granted to a employee who
refuses or fails to complete an undertaking, except in cases where the Chief
Executive is satisfied that the refusal or failure is unavoidable.
(c) On repayment
to the SCA of the monetary value of sick leave granted to the employee, sick
leave equivalent to that repayment and calculated at the employee’s ordinary
rate of pay, shall be restored to the credit of the employee.
29.14 Sick leave without
pay
(a) Sick leave
without pay counts as service for the accrual of recreation leave and paid sick
leave.
(b) Sick leave
without pay, which does not exceed six (6) months, counts as service for the
accrual of long service leave for employees with ten (10) years or more of
service.
(c) When
determining the amount of sick leave accrued, sick leave granted on less than
full pay is converted to its full pay equivalent.
30.
Carer’s Leave
30.1 Use of sick leave
(a) An employee
with responsibilities in relation to a family member set out in sub-clause (d)
below, who needs the employee’s care and support,
shall be entitled to use, in accordance with this provision, any current or
accrued sick leave credits for absences to provide care and support for such
persons when they are ill.
(b) Such leave may
be taken for part of a single day.
(c) The employee
shall, if required, establish either by production of a
medical certificate or statutory declaration, the illness of the person
concerned and that the illness is such as to require care by another
person. In normal circumstances, an employee must not take carer’s leave under
this sub-clause where another person has taken leave to care for the same
person.
(d) The entitlement to
use sick leave in accordance with this sub-clause is subject to:
(i) The
employee being responsible for the care of the person concerned; and
(ii) The person concerned
being:
(A) A spouse or former
spouse of the employee;
(B) 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;
(C) 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 employee or spouse or the de facto
spouse of the employee;
(D) A same sex partner
who lives with the employee as the de facto partner of that employee on a bona
fide domestic basis; or
(E) A person related by
blood, marriage, affinity or Aboriginal kinship structures and living in the
same domestic dwelling. In this context,
"affinity" means that one spouse or partner has to the relatives of
the other.
(e) An employee
shall, wherever practicable, give the Employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship with the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the Employer by
telephone of such absence at the first opportunity on the day of absence.
30.2 Leave without pay for carer’s leave purposes
(a) An employee
may elect, with the consent of the Employer, to take leave without pay for the
purpose of providing care and support to a member of a class of person set out
in sub-clause 30.1(d)(ii) who is ill.
30.3 Annual
leave taken for carer’s leave purposes
(a) An employee
may elect with the consent of the Employer, subject to the Annual Holidays Act
1944, to take annual leave not exceeding ten (10) days in single day periods or
part thereof, in any calendar year at a time or times agreed by the parties.
(b) Notwithstanding
the provision of sub-clause 27.1(c) - Leave Loading,
the employee and the Employer may agree to the payment of the full annual leave
loading, if available, when the employee takes annual leave days for purposes
of carer’s leave.
(c) An employee
may elect with the employers agreement to take annual leave at any time within
a period of 24 months from the date at which it falls due
30.4 Time
off in lieu of overtime
(a) An employee
may elect, with the consent of the Employer, to take time off in lieu of
payment for overtime at a time or times agreed with the Employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time rate
that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with sub-clause (a) above, the leave
is not taken for whatever reason, payment for time accrued at overtime rates
shall be made at the expiry of the 12-month period or on termination.
30.5 Make
up time
(a) Notwithstanding
the provisions of clause 17 - Hours of Work, an employee may elect, with the
consent of the Employer, to work "make-up time", under which the
employee takes time off ordinary hours, and works those hours at a later time,
during the spread of ordinary hours provided in the Award, at the ordinary rate
of pay.
30.6 Flexidays
off
(a) Notwithstanding
the provisions of clause 17 - Hours of Work, for the purposes of carer’s leave,
an employee may elect, with the consent of the Employer, to take -
(i) A
flexiday off at any time; and
(ii) Flexidays off
in part day amounts.
(b) Notwithstanding
the provisions of sub-clauses 17.7 and 17.8, an employee may elect, with the
consent of the Employer, to accrue some or all Flexidays off for the purposes
of creating a bank to be drawn upon for carer’s leave purposes at a time mutually
agreed between the Employer and employee, or at reasonable notice by the
employee or the Employer.
31.
Family and Community Service Leave
31.1 Purpose
(a) The Chief
Executive may grant to an employee some, or all of their accrued FACS leave on
full pay, for reasons relating to family responsibilities, performance of
community service or emergencies.
(b) Such cases may
include but not be limited to the following:
(i) Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the employee’s household;
(ii) Emergency
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;
(iii) Emergency or
weather conditions - such as when flood, fire, snow or disruption to utility
services etc, threatens an employee’s property and/or
prevents an employee from reporting for duty;
(iv) Attending
to unplanned or unforeseen family responsibilities or attending child’s school
for emergency reasons
(v) Attendance at
court by an employee to answer a charge for a criminal offence, only if the
Chief Executive considers the granting of FACS leave to be appropriate in a
particular case;
(vi) Attendance
as a competitor in major amateur sport (other than Olympic or Commonwealth
Games) for employees who are selected to represent Australia or the State; and
(vii) Absence during
normal working hours
(A) To attend
meetings, conferences; and
(B) To perform
duties associated with holding office in Local Government, and which duties
necessitate absence during normal working hours for these purposes, provided
that the employee does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council.
(c) "Family"
or "relative" used here means:
(i) A
spouse or a former spouse of the employee; or
(ii) A defacto 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 step child, a foster child
or an ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or 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
(v) A person
related by blood, marriage, affinity or Aboriginal kinship structures and
living in the same domestic arrangement.
In this context, "affinity" means that one spouse or partner
has to the relatives of the other.
31.2 Entitlement
(a) The maximum
amount of FACS leave on full pay which may be granted to an employee is as
follows:
(i) New
employees
(A) An employee
will be credited with 2 ½ days of FACS leave at the commencement of service
with the SCA, and
(B) On completion
of the first year of service, the employee may be granted five (5) of the
employee’s working days as FACS leave in any period of two (2) years; or
(C) After the
completion of two (2) year’s continuous service, the available FACS leave is
determined by allowing one (1) day’s leave for each completed year of service
less the total amount of short leave or FACS leave previously granted to the
employee,
whichever is the greater of
sub-clauses (B) and (C) above.
(ii) Employees
employed in the SCA at the time this Award comes into operation:
(A) An employee may
be granted five (5) of the employee’s working days as FACS leave in any period
of two (2) years; or
(B) The available
FACS leave is determined by allowing one (1) day’s leave for each completed
year of service less the total amount of short leave or FACS leave previously
granted to the employee;
whichever is the greater of
sub-clauses (A) and (B) above.
(b) Part-time
employees - pro rata.
(c) If the
available FACS leave is exhausted as a result of natural disasters, the Chief
Executive shall consider applications for additional FACS leave, if some other
emergency arises. On the death of a person defined in clause 30- Carer’s Leave,
additional paid FACS leave of up to two (2) days may
be granted on a discrete, per occasion basis to a
employee.
31.3 Carer’s
Leave and Family & Community Service leave
(a) In cases of
illness of a family member as defined under sub-clause 30.1(d)(ii) - Carer’s
Leave, should be used.
31.4 Other
leave
(a) The Chief Executive
may grant employees other forms of leave such as accrued recreation leave or
time off in lieu and so on for FACS leave purposes.
(b) Notwithstanding
the provisions of sub-clauses 17.7 and 17.8, an employee may elect, with the
consent of the Employer, to accrue some or all flexidays off for the purposes
of creating a bank to be drawn upon for FACS leave purposes at a time mutually
agreed between the Employer and employee, or at reasonable notice by the
employee or the Employer.
32.
Maternity Leave
32.1 Entitlements
32.1.1 Paid
maternity leave
(a) For
the purposes of this clause "weeks" means calendar weeks.
(b) A
full 40-week continuous period of employment determines the employee’s
eligibility for purposes of maternity leave entitlements.
(c) A
female employee who has completed forty (40) weeks' continuous service (as
recognised by the Employer) prior to the birth of her child is eligible for:
(i) Fourteen (14) weeks leave on full pay;
or
(ii) Twenty eight (28) weeks leave on half
pay.
(d) Where
there has been a break in service, i.e. the employee has left the organisation
and later been re-employed another forty (40) weeks' continuous service must be
completed in order to become eligible for paid maternity leave.
(e) Unless
there has been a break in service as described in (d) above, an employee who
has met the conditions for paid maternity leave once, will not be required to
again work the forty (40) weeks' continuous service in order to become eligible
for another period of paid maternity leave.
(f) Periods
of leave without pay do not constitute a break in the continuity of
service. However, the period of leave
without pay is not included in determining the initial forty (40) weeks.
32.1.2 Unpaid maternity leave
(a) A female employee is entitled to unpaid
maternity leave when a medical certificate verifying her pregnancy and expected
date of birth accompanies her leave application.
(b) Employees eligible for maternity leave
will be entitled to the equivalent of twelve (12) months unpaid maternity leave
after the actual date of birth of the child. The twelve (12) month maternity
leave entitlement may be taken as follows:
(i) On a full-time basis, for up to a
maximum of twelve (12) months, from the child's date of birth; or
(ii) On a part-time basis, up to a maximum of
two (2) years, from the child's date of birth; or
(iii) Combinations of full-time and part-time
leave, provided that no more than twelve months' (full-time equivalent unpaid)
maternity leave on a full-time basis is taken and that the balance taken
part-time will conclude before the child's second birthday.
(c) The total amount of maternity leave will
conclude prior to the child's second birthday.
(d) Sick leave is not available during the
unpaid period of maternity leave after the birth.
32.1.3 Notice of expected date of birth, amount of
leave and return to work
(a) Employees must give the Employer at least
ten (10) weeks written notice of the expected date of birth.
(b) Employees must give four (4) weeks
written notice of the commencement date and the amount of leave sought.
(c) The amount of maternity leave may be
varied, provided that the total period of maternity leave does not exceed the
maximum leave available under sub-clause 32.1.2, as follows:
(i) The employee may apply in writing,
giving fourteen (14) days notice, to extend the
period of maternity leave. This can only
be done once.
(ii) The period of maternity leave may, with the
consent of the Manager, be shortened provided that the employee gives fourteen
(14) days notice.
(d) Employees must confirm, in writing, their
intention to return to work at least four (4) weeks prior to the date of
return.
(e) An employee's paid recreation leave or
long service leave entitlements may be taken instead of, or in addition to,
unpaid maternity leave.
32.1.4 Taking paid maternity leave
(a) Paid maternity leave can commence anytime
from nine (9) weeks before the expected date of birth, up to the actual date of
birth, or in the period following confinement.
(b) Paid maternity leave is not available any
earlier than nine (9) weeks before the expected date of birth, provided that if
an employee gives birth prematurely and this occurs before she was to commence
her maternity leave, she will be regarded as immediately on maternity leave
from the date she takes leave to give birth.
32.1.5 Payment for maternity leave
(a) Payment for maternity leave is at the
rate applicable when maternity leave is taken.
(i) A full time employee will be paid at
their normal rate of pay.
(ii) A part-time employee employed under
sub-clause 5.1.4(a) will be paid at the employee’s usual rate of pay.
(iii) A part-time employee who has completed
forty (40) weeks continuous part-time service pursuant to sub-clause 5.1.4(b)
immediately prior to taking maternity leave will be paid at the employee’s
usual rate of pay. For the purposes of this clause "usual rate of
pay" will mean the amount paid for the hours specified in the approved
part-time work arrangement immediately prior to taking paid maternity leave.
(iv) A part-time employee who has completed
forty (40) weeks continuous part-time service pursuant to sub-clause 5.1.4(b)
and reduces the part-time hours immediately before taking maternity leave for
reasons relating to the pregnancy, the employee will be paid at the usual rate
of pay applicable under the approved part-time arrangement prior to the
reduction in the hours.
(v) Where a full-time employee who has completed
forty (40) weeks continuous full-time service converts to part-time employment
under sub-clause 5.1.4(b) immediately before taking maternity leave for reasons
relating to the pregnancy, the employee will be paid at the full-time rate.
(vi) Where a full-time employee takes
part-time LWOP in accordance with clause 39, the employee will be paid as
follows:
(A) If the period of part-time LWOP is at
least forty (40) weeks immediately prior to taking maternity leave, the employee
will be paid at the rate most paid during that period;
(B) If the period of part-time LWOP is for a
period of less than 40 weeks immediately prior to taking maternity leave, the
employee will be paid at the full-time rate.
(b) A full-time employee who becomes pregnant
and is eligible for further maternity leave during a period of part-time
maternity leave, will be paid maternity leave at the
full-time rate.
(c) A staff member who commences a
subsequent period of maternity leave for another child within 24 months of
commencing an initial period of maternity leave will be paid:
(i) At the rate (full time or part time)
they were paid before commencing the initial leave if they have not returned to
work; or
(ii) At a rate based on the hours worked
before the initial leave was taken, where the staff member has returned to work
and reduced their hours during the 24 months period; or
(iii) At a rate based on the hours worked prior
to the subsequent period of leave where the staff member has not reduced their
hours.
(d) Leave can be paid as follows:
(i) As a lump sum in advance; or
(ii) On a normal pay basis at either fully
pay or half pay; or
(iii) In a combination of full and half pay.
32.2 Other
Conditions
32.2.1 Pregnancy related illness, miscarriage, still
birth, or death of new born
(a) The term "miscarriage" refers
to the loss of an unborn child during the first twenty (20) weeks of the
pregnancy.
(b) The term "still birth" refers to
a birth whereby the child is born dead and the death occurs after the first
twenty (20) weeks of the pregnancy.
(c) In the event of a still birth occurring
within nine (9) weeks of the expected date of confinement, an employee who is
eligible for fourteen (14) weeks paid maternity leave will still be entitled to
this leave. A medical certificate must
be presented.
(d) If the miscarriage or still birth occurs
before this time, the employee will be entitled to take sick leave for the
period a doctor recommends as necessary.
(e) Where an employee chooses not to take
paid sick leave, she will be entitled to unpaid "special maternity
leave" for the period a doctor deems necessary. This leave will be treated
as maternity leave.
(f) If the newborn child dies while the
employee is on paid maternity leave, the entitlement remains.
(g) If because of an illness or risk
associated with pregnancy, an employee is unable to continue to work, then she may elect to take any available paid leave (sick,
recreation or long service leave) or to take sick leave without pay provided
(i) Where an employee not yet on maternity
leave suffers illness related to pregnancy, and she has already exhausted her
paid sick leave credits, she may take further unpaid leave for the duration her
doctor certifies necessary. This leave will be known as special maternity
leave.
(h) Subject to the consent of their Manager
and based on the demands of the business, notwithstanding the provisions of
clause 17 - Hours of Work, pregnant employees will be allowed to vary starting
and finishing times provided they work the normal weekly hours for which they
are employed.
32.2.2 Right of return to former position
(a) An employee returning from maternity
leave, whether maternity leave had been taken full-time or part-time or a
combination of thereof, will be entitled to return to her former position,
including one which is redesigned during the maternity leave period.
(b) The employee has a right to return
part-time or full-time, provided that if the employee returns part-time, the
provisions contained in sub-clauses 5.1.4(b)(iii) and
5.1.4(c) will apply.
(c) If the former position has been
abolished, the employee shall be transferred to a position at the same level of
responsibility and pay and where practicable, at the former location. Transfer
to that position does not diminish the employee’s right to return part-time.
(d) If the former position has been
relocated, an employee has a right to return to her former position at the new
location. Transfer to that location does not diminish the employee’s right to
return part-time.
(e) In cases where an employee had been
temporarily transferred to a "safe" job during her pregnancy,
"former position" will mean the position occupied by the employee
before the transfer.
32.2.3 Temporary transfer to a "safe" job
(a) If, because of an illness or risk
associated with the pregnancy, an employee cannot carry out the essential
duties of their position, the employee will be temporarily transferred to a more
suitable position.
(b) The position will be as close as possible
in status and pay to the substantive position.
(c) If there is no "safe" job
available, the employee may, or the Employer may require the employee to, take
leave for the period certified as necessary by a doctor. Such leave is to be treated as maternity
leave for these purposes.
32.3 Effect
of maternity leave on all types of leave
(a) Paid maternity leave will count as
service for the purposes of calculating all types of leave entitlements
provided that part-time maternity leave will count as service on a pro-rata
basis for the purposes of calculating recreation leave.
(b) Although unpaid maternity leave does not
count as service for the purposes of calculating leave entitlements, it will
not mean a break in the continuity of an employee's service.
32.4 Employees
entitled to maternity leave shall also have an additional entitlement as set
out in Schedule 5
33.
Adoption Leave
33.1 Definitions
(a) "Adoption
leave" means leave taken by a female or male employee in connection with
the adoption by the employee of a child under the age of eighteen (18) years
(other than a child who has previously lived continuously with the employee for
a period of at least six (6) months or who is a child or step-child of the
employee or of the employee’s spouse).
(b) "Spouse"
includes a de facto spouse and same sex partner.
33.2 Entitlements
- paid adoption leave
33.2.1 Paid short adoption leave
(a) Paid adoption leave
available to eligible employees, commencing from the date of placement of the
child is either:
(i) Where
the employee is the primary care giver, the maximum entitlements available are
either:
(A) Unbroken period
of fourteen (14) weeks at full pay; or
(B) Unbroken period
of twenty eight (28) weeks at half pay.
(ii) If the child
is aged 1-18 years old, the maximum entitlements available are either:
(A) Unbroken period
of three (3) weeks at full pay; or
(B) Unbroken period
of six (6) weeks at half pay
(b) Other forms of
paid leave may be taken as special adoption leave for the purposes of attending
any compulsory interviews necessary during the adoption process. Appropriate
documentation will need to be provided to certify that the absence is for this
purpose.
(c) Only one
person in a family can be nominated as primary care giver at any one time.
33.2.2 Eligibility
(a) Paid adoption
leave is available to employees who have completed twelve (12) months
continuous service as recognised by the Employer, prior to the child being
placed in their care. For the purposes
of this clause "week" shall mean calendar week.
(b) Paid adoption
leave can commence from the date the child is placed in the employee's care.
(c) When there has
been a break in service whereby the employee has left the organisation and
later been re-employed, another twelve (12) months continuous service must be
completed in order to qualify for paid adoption leave.
(d) Unless there
has been a break in service as described above, an employee who has met the
conditions for paid adoption leave once, will not be
required to again work the twelve (12) months continuous service in order to
qualify for further periods of paid adoption leave.
(e) Periods of leave
without pay do not constitute a break in the continuity of service. However, the period of leave without pay is
not included in determining the twelve (12) months.
33.2.3 Notices
and documents required to be given to Employer
(a) Employees must
notify in writing, within fourteen (14) days of the expected date of placement,
or where not practicable, as soon as they are aware of the date, their
intention to take short adoption leave and the expected date of commencement of
such leave.
(b) Notification
and application for adoption leave must be supported by documentary evidence
from either the adoption agency or government authority certifying the intended
adoption.
33.2.4 Payments
for leave
(a) Full time
employees will be paid at their normal rate of pay.
(b) Part-time
employees will be paid at their usual rate of pay. For the purposes of this
clause "usual rate of pay" will mean the amount paid for the
contracted hours immediately prior to taking adoption leave.
(c) Leave can be
paid as follows:
(i) As
a lump sum in advance
(ii) At their
normal pay point at either full pay or half pay; or
(iii) In a
combination of full and half pay.
(d) Full-time
employees who complete at least forty (40) weeks' continuous service and then
transfer to part-time employment immediately before taking adoption leave, will be paid at their equivalent full-time rate.
(e) If the period
of part-time employment immediately before adoption leave is 40 weeks or more,
the employee will be paid as a part-time employee.
(f) A staff member
who commences a subsequent period of adoption leave for another child within 24
months of commencing an initial period of adoption leave will be paid:
(i) At
the rate (full time or part time) they were paid before commencing the initial
leave if they have not returned to work; or
(ii) At a rate
based on the hours worked before the initial leave was taken, where the staff
member has returned to work and reduced their hours during the 24 months
period; or
(iii) At a rate
based on the hours worked prior to the subsequent period of leave where the
staff member has not reduced their hours.
33.3 Entitlements
- unpaid adoption leave
33.3.1 Unpaid extended adoption leave
(a) Employees will
be entitled to unpaid adoption leave from the date of placement of their child.
(b) Employees who
seek leave for an extended period when adopting a child may be granted unpaid
leave of absence for up to twelve (12) months from the date of placement of the
child. Leave may be taken as follows:
(i) On
a full-time basis, up to twelve (12) months from the date of placement of the
child; or
(ii) On a
part-time basis, up to a maximum of two (2) years from the date of placement of
the child; or
(iii) A combination
of full-time and part-time leave, whereby, no more than twelve (12) months’ adoption leave on a full-time basis is taken and the balance
taken part-time will conclude before the second anniversary of the child being
placed.
(c) Other forms of
paid leave may be taken as special adoption leave for the purposes of attending
any compulsory interviews necessary during the adoption process. Appropriate
documentation will need to be provided to certify that the absence is for this
purpose.
33.3.2 Conditions
(a) During an
employee's absence on unpaid adoption leave, paid sick leave will not be
available.
(b) Recreation
leave or long service leave may be taken in conjunction with, or in lieu of,
unpaid adoption leave. In these
circumstances, if the employee's return to work is more than twelve (12) months
after the adoption of the child, the right to return to their former position
is no longer guaranteed.
33.3.3 Notices
and documents required to be given to Employer
(a) Employees must
give at least ten (10) weeks’ notice, or where not practicable, as practicable
after the employee is notified of the expected date of placement of the child
in writing:
(i) Of
the dates on which the employee proposes to start and end the period of leave;
(ii) If
applicable, the period of any adoption leave sought or taken by his or her
spouse; and
(iii) That the
employee is seeking that period of adoption leave to become the primary
caregiver of a child.
(b) An employee
must notify the Employer of any change in the information provided under this
section within two (2) weeks after the change.
33.3.4 Right
of return to former position
(a) Provided an
employee returns to work within twelve calendar (12) months of placement of
their child, they will be entitled to return to their former position,
including one which is redesigned during the adoption leave period.
(b) If the
employee's former position has been abolished they will be transferred to a
position of the same level of responsibility and pay, and where possible, in
the former location.
(c) If the former
position has been relocated, the employee has the right to their former
position in the new location.
33.3.5 Variation
of adoption leave
(a) Provided that
the total period of adoption leave does not exceed the maximum leave available
under sub-clauses 33.2.1 and 33.2.2, the employee may apply in writing, giving
fourteen (14) days notice, to extend the period of
adoption leave. This can only be done
once.
(b) The period may
only be further lengthened by agreement between the employee and the Employer.
(c) The period of
adoption leave may be shortened with the consent of the Employer provided the
employee seeks approval fourteen (14) days in advance.
33.4 Effect
of adoption leave on other leave entitlements
(a) Paid adoption
leave will count as service for the purposes of calculating all leave
entitlements.
(b) Adoption leave
at half pay will count as service on a pro-rata basis for the purposes of
calculating all leave entitlements.
(c) Although
unpaid adoption leave will not count as service for the purposes of calculating
any leave entitlements, it will not mean a break in the continuity of an
employee's service.
33.5 Employees
entitled to adoption leave shall also have an additional entitlement as set out
in Schedule 5
34.
Parental Leave
34.1 Entitlements
(a) Employees will
be eligible for parental leave when a medical certificate verifying their
partner’s pregnancy and expected date of birth accompanies their leave
application.
(b) Employees
eligible for parental leave will be entitled to a maximum of twelve (12)
months' unpaid parental leave, following the birth of their child.
(c) Employees will
be granted one (1) weeks paid leave following the birth of their child.
(d) Employees must
give the Employer at least ten (10) weeks written notice of the expected date
of birth of their child.
(e) Employees must
give four (4) weeks written notice of the commencement date and the amount of
leave sought.
(f) Employees must
confirm in writing their intention to return to work at least four (4) weeks
prior to the date of return.
(g) The leave can
be taken as follows:
(i) An
unbroken period of up to one week at the time of the child's birth, and
(ii) A further
unbroken period of up to 51 weeks, or on a part-time basis up to the child's
second birthday.
(h) The maximum
entitlements available under this provision are as follows
(i) On
a full-time basis up to twelve (12) months, from the child's date of birth; or
(ii) On a
part-time basis up to a maximum of two (2) years from the child's date of
birth; or
(iii) A combination
of full-time and part-time leave, provided that no more than twelve (12)
months' parental leave on a full-time basis is taken, and that the balance
taken part-time will conclude before the child's second birthday.
(i) Recreation
leave or long service leave may be taken instead of, or in addition to,
parental leave.
(j) During an
employee's absence on parental leave, paid sick leave will not be available.
34.2 Premature
birth
(a) In the event
that an employee's partner gives birth prematurely, the employee will be able
to commence his paternity leave from an earlier date.
34.3 Still
birth
(a) An employee is
entitled to up to one (1) week's unpaid parental leave in the event of a still
birth occurring during the period nine (9) weeks before the partner’s expected
date of birth.
34.4 Right
of return to former
Position
(a) Provided an
employee returns to work within twelve (12) calendar months of their partner
giving birth, they will be entitled to return to their former position,
including one which is redesigned during the parental leave period.
(b) If the employee's
former position has been abolished, they will be transferred to a position of
the same level of responsibility and pay, and where possible, in the former
location.
(c) If the former
position has been relocated, the employee has the right to their former
position in the new location.
34.5 Effect
of parental leave on other leave entitlements
(a) Although
unpaid parental leave does not count as service for the purposes of calculating
leave entitlement, it will not constitute a break in the continuity of an
employee's service.
(b) Part-time
parental leave will count as service on a pro rata basis for the purposes of
calculating all types of leave entitlements.
34.6 Employees
entitled to parental leave shall also have an additional entitlement as set out
in Schedule 5.
35.
Union Training Leave
35.1 Purpose
(a) Employees may
be granted leave to attend training courses or seminars conducted or supported
by the Union.
35.2 Entitlements
35.2.1 Full-time employees
(a) Full-time
employees may be granted up to twelve (12) days leave on full pay in a two (2)
year period to attend training courses or seminars conducted or supported by
the Union.
(b) Further leave,
on a without pay basis, of 15 days in any one (1) year period, may be granted
where the trade union course is acceptable to both the Employer and the Union.
35.2.2 Part-time
employees
(a) Part-time
employees may be granted a proportional amount of Union training leave to attend
training courses and seminars conducted or supported by the Union.
(b) The maximum
amount of leave on full pay available in a two (2) year period is based on the
number of part-time hours in relation to the number of full-time hours and
calculated by the following formula:
No of part-time
hours
|
x 12
|
=
|
maximum amount of Union
|
No of full-time
hours
|
|
|
training leave in a two (2) year period
|
(c) Further leave,
on a without pay basis, may be granted on a proportional basis, where the trade
union course is acceptable to both the Employer and the Union. The amount of extra leave available will be
calculated by the following formula:
35.2.3 Temporary employees
(a) Temporary
employees receive Union training leave on a pro rata basis.
35.2.4 Conditions
(a) Employees must be
nominated by the recognised union of which they are a member to attend a
training course or seminar conducted or supported by the Union to apply for
Union training leave.
(b) The two (2)
year and one (1) year periods will be the time immediately preceding the
commencement date of the Union training leave requested.
(c) Union training
leave (including LWOP) will count as service for all purposes.
(d) The amount of
leave requested can include reasonable travelling time required during working
hours to attend the course or seminar.
35.2.5 Taking
of leave
(a) Union training
leave will be granted providing that the Employer's operating requirements
permit the taking of the leave and that the absence does not require the
employment of relief employee.
(b) A statement
from the relevant Union must support an application that it has nominated the
employee concerned for the course or seminar, or supports their application to
attend the course/seminar.
35.2.6 Payment
for leave
(a) Employees will
be paid for their leave at their pay point most paid during the twelve (12)
months immediately prior to taking the leave but in any case a rate no less
than the employee’s substantive rate at the time of taking leave. Payment will not include shift allowance,
penalty rates or overtime.
(b) Expenses
associated with attending a course or seminar will be met by the employee (e.g.
fares, accommodation, meals, etc.).
36.
Emergency Services Leave
36.1 Fire fighting
(a) An employee who
undertakes fire-fighting duties during an emergency in terms of section 44 of
the Rural Fires Act 1997 may be granted leave on full pay for the time they are
absent for work on emergency fire fighting duties.
(b) An employee
who is a unpaid volunteer member of a local Fire
Brigade or Rural Fire Brigade, may be granted leave on full pay up to a maximum
of five (5) days per annum. This leave
is to cover necessary absences from duty when the employee is called upon to
fight fires during their normal working hours.
36.2 Emergency
operations
(a) An employee
who volunteers to assist the State Emergency Services, NSW Police or Rural Fire
Service brigades during emergency operations, is to be
granted leave on full pay whilst engaged in these activities during normal
working hours.
(b) An authorised
employee must release the employee from duty for this purpose.
(c) Where an
employee remains on emergency duty for several days, and the headquarters to
which they are attached operates on a 24 hour a day basis, the employee may be
allowed reasonable time for rest in cases where physical distress was
experienced, before returning to work.
36.3 Certificates
of attendance
(a) Applications
for leave for fire fighting and emergency operations must be supported by
evidence of participation with the relevant emergency service authority. Applications for rest periods must also be
supported.
36.4 Emergency
services courses
(a) Employees
selected to attend courses, training or lectures nominated by the Director State
Emergency Services Controllers are to be granted special leave on full pay for
the time they are necessarily absent from duty.
37.
Military Leave
37.1 Entitlement
(a) Employees with
a minimum of six (6) months' continuous service who are members of the Naval,
Military or Air Force Reserves and whose military service is part-time will be
entitled to Military Leave on the following basis:
(i) In
respect of annual training where the employee is a member of the:
Naval Forces - 13 Calendar days on full pay per year
Military Forces - 14 Calendar days on full pay per year
Air Forces - 16 Calendar days on full pay per year
PLUS IF REQUIRED
(ii) In respect of
attendance at a school, class or course of instruction where the employee is a
member of the:
Naval Forces - another 13 Calendar days on full pay per
year
Military Forces - another 14 Calendar days on full pay
per year
Air Forces - another 16 Calendar days on full pay per
year
PLUS
(iii) In cases
where the employee's Commanding Officer certifies in writing that it is
necessary for that employee to attend for purposes of obligatory training on
days additional to those specified in sub-clauses (i)
and (ii) of this sub-clause, the employee shall be granted a further period of
Military Leave on full pay not exceeding four calendar days in any one year.
(b) The terms
"Annual Training", "School, Class or Course of Instruction"
and "Obligatory Training" shall be regarded as synonymous for the
purpose of determining an employee's entitlement to paid leave.
37.2 Medical
examinations
(a) Employees
required to attend medical examinations and tests for acceptance as part-time
members of the Defence Force Reserves during working hours, may be granted up
to one day's FACS Leave for the time necessary, subject to production of
evidence.
37.3 Conditions
(a) If an employee
is required to be absent for military purposes for periods in excess of those provided
for above, the employee will need to cover the absence with another type of
leave (e.g. recreation leave or LWOP).
(b) Public
Holidays occurring during periods of Military Leave will form part of such
leave and will not extend the period of paid Military Leave.
(c) For the
purpose of this clause, the year shall be from 1 December in one year to 30
November of the following year.
37.4 Former Armed
services personnel - War Caused Disabilities Leave
(a) Employees who
were former armed services personnel may be granted up to ten (10) days war
caused disabilities leave in a leave year to cover absences for the following
purposes:
(i) Attending
a hospital or medical officer for review;
(ii) Attending a
hospital to report for periodical examination or attention in connection with a
war caused disability;
(iii) Obtaining,
replacing or repairing an artificial limb or member, prosthesis or surgical
appliance; or
(iv) Attending
the Department of Veterans’ Affairs in connection with claims for military pensions.
(b) If an employee
has used their maximum entitlement of war caused disabilities leave, any
further absences will be taken as sick leave.
(c) War caused
disabilities leave is not cumulative.
(d) Applications
for war caused disabilities leave must be supported by relevant documentation,
including medical certificates, Department of Veterans’ Affairs letters or
appointment confirmations.
38.
Jury Service Leave
38.1 Entitlement
(a) Employees shall
be granted leave on full pay to attend court for jury service upon notification
to an authorised employee. Full-time
employees and part-time employees will be granted leave for jury service if
they are required on a day(s) they are scheduled to work.
(b) The amount of
leave is dependent upon the length of the case.
(c) To be granted
leave on full pay, an employee must fulfil the following requirements:-
(i) The
jury service must fall at a time when the employee would otherwise be on duty;
(ii) The employee
must accept jury fees and travelling and out-of-pocket allowances for the
period of jury service leave; and
(iii) The employee
must provide a certificate from the Sheriff or Registrar of the Court
certifying the amount of jury fees the employee received.
(d) An amount
equivalent to the jury fees received by the employee will be deducted from the
employee’s pay.
(e) Leave for jury
service is not available if: -
(i) An
application for jury service leave is lodged without the Sheriff's or Registrar's
certificate as to payment of fees.
38.2 Payment
for leave
(a) Employees will
be paid at their pay point most paid for the twelve (12) months immediately
prior to taking the leave, but in any case at a rate no less than the
employee's substantive rate at the time of taking leave.
39. Leave Without Pay
(a) The Chief
Executive may grant LWOP to an employee on application showing reasons.
(b) LWOP may be
granted on a full-time or a part-time basis.
(c) Where an employee
is granted LWOP for a period not exceeding ten (10) consecutive working days,
the employee shall be paid for any proclaimed public holidays falling during
such leave without pay.
(d) Where an
employee is granted LWOP, which when aggregated, does not exceed five (5)
working days in a period of twelve (12) months, such leave shall count as
service for accrual of recreation leave.
(e) An employee,
who has been granted LWOP, shall not engage in private employment of any kind
during the period of LWOP, unless prior approval has been obtained from the
Chief Executive.
(f) An employee
shall not be required to exhaust accrued paid leave before proceeding on LWOP
but, if the employee elects to combine all or part of accrued paid leave with
LWOP, the paid leave shall be taken before LWOP.
(g) No paid leave
shall be granted during a period of LWOP.
part vi - allowances and reimbursements
40.
Travel Allowances
40.1 Conditions
(a) The provisions
of this clause apply to an employee who is required to sleep away from home
when travelling on work approved by the Employer.
(b) The amount
payable under this clause is calculated as follows:
(i) If
travel is by the use of private vehicle, from the time the employee leaves
their home or usual place of work, whichever is the later, to the time they
return to either their recognised home or place of work, whichever is the
earlier;
(ii) If travel is
by air, on the day of departure from the time of the scheduled flight less one
hour, on the day of return the time of actual flight arrival plus one hour.
40.2 Entitlements
40.2.1 Accommodation and meals not provided
(a) Employees
required, in the course of their duties, to depart from their homes or place of
work, and unable to return on the same day shall be paid the "reasonable
allowance amounts" for overnight travel as determined by the Australian
Taxation Office from time to time.
(b) This allowance
covers the cost of accommodation and relevant meals (breakfast, lunch and/or
evening meals) and incidentals for each full day the employee is away on
travel.
(c) Where the cost
of accommodation and meals unavoidably exceeds the above allowances, the
employee may seek reimbursement of the actual excess cost, but such a
reimbursement will be subject to tax at the employee’s marginal rate and the
whole amount of the allowance will be shown on the employee’s Payment Summary.
40.2.2 Accommodation
and meals provided by Employer
(a) Where the
Employer provides an employee with accommodation and meals, the allowance in
sub-clause 40.2.1 above other than incidentals shall not apply.
(b) The employee
shall be paid Incidental allowance at a rate established by the Australian
Taxation Office from time to time for each full day the employee is away on
travel.
40.2.3 Accommodation
but no meals provided by Employer
(a) Where the
Employer provides the employee with accommodation but not meals, the employee
shall be paid the relevant reasonable amount determined by the Australian
Taxation Office for the relevant breakfast, lunch and/or dinner and incidentals
for each full day the employee is away on travel.
40.2.4 Transport
(a) The Employer
shall pay the cost of transport or provide transport.
(b) Mode of travel
will need to be approved in advance; transport will be paid as follows:
(i) Economy
fare air fare;
(ii) Motor vehicle
cost - mileage at Australian Taxation Office rates or cost of economy air fare,
whichever is the lesser; or
(iii) Reimbursement
of actual cost of public transport.
41. Overtime Meal
Allowances
(a) Subject to
sub-clause (c) below, an employee required to perform duty after and in excess
of their usual hours, shall be paid meal allowances on the following basis:
(i) Monday
to Friday
(A) If work overtime
continuing with normal work
(1) Commences
before 6.00 am - Meal 1.
(2) Finishes after
6.00 pm - Meal 3.
(3) Finishes after
midnight - Meals 3 and 4.
(4) Finishes after
6.00 am next day - Meals 3 plus 4 plus 1.
(B) If recalled to
work after their normal ceasing time,
(1) Upon the
completion of the first four (4) hours overtime worked - Meal 3.
(2) Upon the
completion of further four (4) hours overtime worked - Meal 4.
(ii) Saturday,
Sunday or Public Holiday
(A) If overtime
commences before 6.00 am - Meal 1.
(B) If overtime
goes beyond noon - Meal 2.
(C) If overtime
goes beyond 6.00 pm - Meal 3.
(D) If overtime
goes beyond midnight - Meal 4.
(E) If work
overtime finishes after 6.00 am next day - Meal 1.
(b) The amount of meal
allowance will be adjusted in line with adjustments made to the reasonable
amounts for the overtime meal allowance determined by the Australian Taxation
Office from time to time, rounded to the nearest five (5) cents. The amounts of
meal allowance at the time the Award is varied are as follows:
Sub Clause
|
Meal No
|
Meal Type
|
Variation Date
|
Variation Date
|
|
|
|
1 July 2012
|
1 July 2013
|
41(b)(i)
|
1
|
Breakfast
|
$14.35
|
$14.65
|
41(b)(ii)
|
2
|
Lunch
|
$18.80
|
$19.20
|
41(b)(iii)
|
3
|
Dinner
|
$27.10
|
$27.70
|
41(b)(iv)
|
4
|
Supper
|
$13.25
|
$13.55
|
(c) Overtime meal allowance will not be paid
where the employee is in receipt of payments under clause 40 - Travel
Allowances.
42. Fire Fighting
Allowance
(a) An employee
engaged in on-ground fire fighting, including on-ground hazard reduction
burning, will be paid an allowance per hour, as outlined in Schedule 2 Summary-
Allowances for the hours they are so engaged in fighting fires, as follows:
|
From
|
From
|
From July 2014
|
|
1 July 2012
|
1 July 2013
|
|
Allowance
|
$1.72
|
$1.80
|
$1.84
|
43. Camping Allowance
(a) Where an
employee is required to temporarily live at or near the work site the following
shall apply:
(i) Where
the Employer provides quarters and/or established camping facilities (including
cooking and eating facilities) employees will receive:
(A) An allowance
for each day the employee is required to camp or live in quarters to cover
food, Incidentals and general disability of:
|
From
|
From
|
From
|
|
1 July 2012
|
1 July 2013
|
1 July 2014
|
Allowance
|
$44.75
|
$46.00
|
$47.30
|
(B) An allowance
each day a cook is not provided of:
|
From
|
From
|
From
|
|
1 July 2012
|
1 July 2013
|
1 July 2014
|
Allowance
|
$3.05
|
$3.15
|
$3.25
|
(b) The Employer
shall pay the cost of transport to and from the campsite, including weekend
trips home.
(c) A meal
allowance will not be paid during periods of overtime if the employee is in
receipt of camping allowance.
(d) The allowance
payable under this provision will be adjusted on 1 July in line with the CPI
Index for Sydney in the previous year, rounded to the nearest five (5) cents.
(e) The allowance payable
under this provision may be subject to tax at the employee’s marginal rate and
the whole amount of the allowance will be shown on the employee’s Payment
Summary.
44. First Aid
Allowance
(a) An employee
who possesses a current recognised first aid certificate and a continuing
ability to undertake first aid responsibilities and who has been appointed as a
First Aid Employee will be paid a flat rate allowance per fortnight for the
duration of the appointment, as outlined in Schedule 2 Summary- Allowances, as
follows:
|
From
|
From
|
From
|
|
1 July 2012
|
1 July 2013
|
1 July 2014
|
Allowance
|
$26.92
|
$28.22
|
$28.86
|
(b) A current
recognised first aid certificate means one issued by St John Ambulance Australia
or the Australian Red Cross, or an equivalent qualification recognised by those
organisations, and which has been obtained within the previous three (3) years.
(c) The First Aid
Allowance shall not be paid during leave or any other continuous period of
leave that exceeds four weeks.
(d) When the First
Aid Employee is absent on leave for one week or more and another qualified
employee is selected to relieve in the First Aid Employee's position, such
employee shall be paid a pro rata first aid allowance for assuming the duties
of a First Aid Employee.
(e) The amount of
allowance payable under this clause is treated as salary for all purposes and
adjusted in accordance with general increases to pay, rounded to the nearest
five (5) cents.
45. Community Language
Allowance
(a) Employees who
possess a basic level of competence in a community language and who work in
locations where their community language is utilised at work to assist clients
and such employees are not:
(i) Employed
as interpreters and translators; and
(ii) Employed in
those positions where particular language skills are an integral part of
essential requirements of the position;
(iii) Shall be paid
an allowance as follows:
(A) Base Level Rate
$ as outlined in Schedule 2 Summary - Allowances
(B) Higher level
rate $ as outlined in Schedule 2 Summary - Allowances
(b) Allowance is
treated as salary for all purposes and adjusted in accordance with general
increases to pay, rounded to the nearest five (5) cents.
46. Reimbursement of
Out of Pocket Expenses
(a) Where an
employee is required by the Employer to spend their own money they will be
entitled to reimbursement. The Employer must approve the expense as a necessary
work related expense.
(b) Employees will
be reimbursed where possible within 24 hours of lodgement of their claim.
(c) The
reimbursement is subject to the provision, amendments, and rulings of the
Income Tax Assessment Act.
47. Tools and
Equipment to be Supplied By the Employer
(a) All tools and
equipment deemed necessary by the Employer will be made available to employees.
48. Protective
Clothing and Uniforms
(a) The Employer
shall continue to provide such items of protective clothing and uniforms as was
customarily provided at the time of making this Award and as agreed between the
parties.
(b) The Employer
will be responsible for the supply and replacement of protective clothing and
uniform, as agreed between the parties from time to time.
(c) Employees must
use and wear the protective clothing and/or uniforms that are issued to them by
the Employer.
(d) Where the
Employer requires an employee to wear spectacles with toughened lens, the
Employer will pay for the cost of the process.
49. Use of Private
Motor Vehicle
(a) The Employer
may authorise an employee to use a private motor vehicle for work where:
(i) Such
use will result in greater efficiency or involve the Employer in less expense
than if travel were undertaken by other means; or
(ii) Where the employee
is unable to use other means of transport due to a disability.
(b) If use of
private vehicle is approved, the appropriate rate of mileage allowance as set
by the Australian Taxation Office from time to time shall be paid.
(c) The employee
must have in force in respect of a motor vehicle used for work, in addition to
any policy required to be effected or maintained under
the Motor Vehicles (Third Party Insurance) Act, 1942, a comprehensive motor
vehicle insurance policy to an amount and in a form approved by the Chief
Executive.
(d) Expenses such
as tolls etc. shall be refunded to an employee where the charge was incurred
during approved work related travel.
(e) Except as
otherwise specified in this award, an employee shall bear the cost of ordinary
daily travel by private motor vehicle between the employee's residence and
recognised office.
(f) Where a
private vehicle is damaged while being used for work, any normal excess
insurance charges prescribed by the insurer shall be reimbursed by the Employer,
provided:
(i) The
damage is not due to gross negligence by the employee; and
(ii) The charges
claimed by the employee are not the charges prescribed by the insurer as
punitive excess charges.
(g) Provided the
damage is not the fault of the employee, the Employer shall reimburse to a employee the costs of repairs to
a broken windscreen, if the employee can demonstrate that:
(i) The
damage was sustained on approved work activities; and
(ii) The costs
cannot be met under the insurance policy due to excess clauses.
50. Damage to Private
Property
(a) For the
purposes of this clause, the term "personal property" means a employee's clothes, spectacles,
hearing-aid, tools of trade or similar items which are ordinarily required for
the performance of the employee’s duties.
(b) Where damage
to or loss of the employee's private property occurs in the course of
employment, a claim may be lodged under the Workplace Injury and Illness
Management Act and/or under any insurance policy of the Employer covering the
damage to or loss of the personal property of the employee.
(c) If a claim
under sub-clause (b) of this clause is rejected by the insurer, the Chief
Executive may compensate a
employee for the damage to or loss of private property, if such damage or loss:
(i) Is
due to the negligence of the Employer, another employee, or both, in the
performance of their duties; or
(ii) Is caused by
a defect in a employee's material or equipment; or
(iii) Results from a employee’s protection of or
attempt to protect SCA property from loss or damage.
(d) Compensation
in terms of sub-clause (c) of this clause shall be limited to the amount
necessary to repair the damaged item. Where the item cannot be repaired or is
lost, the Chief Executive may pay the cost of a replacement item, provided the
item is identical to or only marginally different from the damaged or lost item
and the claim is supported by satisfactory evidence as to the price of the
replacement item.
(e) Compensation
for the damage sustained shall be made by the SCA where, in the course of work,
personal property is damaged or destroyed by natural disasters or by theft or
vandalism.
51. Renewal of
Licences
(a) The following
licences will be renewed at the Employer's expense as follows:
(i) A
Drivers' licence issued by the Roads and Traffic Authority for motor cars,
motor lorries and/or plant where their operation require the possession of such
a licence, provided that the employee’s Position Description specifies that the
employee is required by the Employer to possess such licence;
(ii) A boat
licence where operating a boat requires the possession of such a licence,
provided that the employee’s Position Description specifies that the employee
is required by the Employer to possess such licence; and
(iii) A Licence
issued by the NSW Police for the possession and use of firearms on the
Employer’s lands in accordance with the conditions attached to the possession
and the use of the firearms provided that
(A) The employee’s
Position Description specifies that the employee is required by the Employer to
possess such licence; and
(B) Notwithstanding
the requirement for the possession of the licence being in the Position
Description of an employee, the employee is specifically authorised by the
Employer to use the firearm.
52. Health and Safety
of Employees
(a) All parties to
this Award are strongly committed to ensuring safety in the workplace and that safety
systems of work are implemented and adhered to by individual employees and
contractors. We are also committed to timely and effective rehabilitation of
injured employees.
(b) Employees will
ensure to the best of their ability that workplace hazards are identified and
controlled and that safe work practices are followed by themselves and to the
best of their ability fellow workers.
(c) Employees and
their unions will support and implement all systems designed to achieve a
"no injuries" for example, signing work permits, hazard
identification, and risk assessment processes.
(d) The Employer
will
(i) Provide
and maintain an appropriate first aid kit at all places of work;
(ii) Display a
notice in every recognised office where the first aid kit is normally kept
listing the name(s) of persons qualified to provide first aid; and
(iii) Provide
safety instructions in respect of any work employees are required to perform
and will pay employees as if at work.
(e) The Employer
will comply with the Work Health and Safety Act 2011 and Regulations and
Employer's Standards of Practice as amended from time to time.
53. Delegates’ Rights
(a) Employees
elected as a union delegate or employee representative will, upon provision of
written proof of the election to the Employer, be recognised as an accredited
representative of the Union or the consultative committee to which they belong
and in the defined area they are elected to represent.
(b) They will be
allowed all reasonable time during working hours to submit to the Employer
matters affecting the employees they represent.
Such representations should be arranged for times that are convenient to
both parties.
(c) Before
delegates/consultative committee members move away from their immediate work
location to commence work on Union or consultative committee business, they
must first obtain the permission of their Manager.
(d) Where they
wish to meet with Employer's representatives and this will take them away from
their immediate work location they should first seek their Manager's approval
before making such an arrangement.
(e) Delegates/consultative
committee members will not enter any other work location for which they are not
elected on union or consultative committee business unless the delegate first
receives the permission of the relevant Manager for that area.
(f) Prior to
leaving the immediate work location, delegates/consultative committee members
must provide to their Manager information regarding the purpose for their departure,
the estimated time of absence and telephone contact if practicable. Immediately upon their return from union or
consultative committee business they will inform their Manager their time of
arrival and departure from the location where they were required.
(g) Failure of a
delegate/consultative committee member to meet the above provisions will result
in the employee concerned forfeiting the right to pay for the period of such
absence.
(h) Managers will
not unreasonably withhold permission for delegates/consultative committee
members to attend to bona fide matters or issues affecting the legitimate
industrial interests of the members they are elected to represent. In the same spirit, accredited delegates/consultative
committee members should observe the above procedures and recognise the need to
balance their absence from the job on Union business/consultative committee
business with the requirement for acceptable work performance.
(i) Subject
to the provisions of the Industrial Relations Act 1996 (NSW), the opportunity
is open for Union officials, delegates or employee representatives (in the
defined area so elected) to approach employees at work in respect to enrolment
of Union membership.
(j) For the
purpose of this clause, "delegate/consultative committee member" will
not include Committee of Management or Executive member or Regional Committee
members of the Union or Consultative Committee equivalents.
(k) Whilst it is
recognised that Committee of Management, Executive members or their Consultative
Committee member equivalents are not confined to the specific provisions
contained herein it is understood that these provisions will have general
application excluding the requirement of sub-clause (a) concerning the area of
operation.
(l) The application
of the provisions contained herein will apply to members of Regional Committees
of the union within their respective regions.
(m) In exercising
these rights delegates, Committee of Management, Executive members, Regional
Committee members of the Union and consultative committee members and their
equivalents will not harass or hinder Employer's employees or employees in the
performance of their work.
54. Employees on Union
and/or Consultative Committee Business
(a) Any:
(i) Accredited
delegate of a Union respondent to this Award; or
(ii) Employee
representative elected to a consultative committee; or
(iii) Employee
elected to a union committee of management; or
(iv) Employee
acting in any of the above capacities
who takes LWOP to attend to
business for which they have been elected, will not lose any rights which would
have otherwise accrued under clause 26 - Recreation Leave, and clause 28 - Long
Service Leave, of this Award.
part
vii- consultation and dispute resolution
55. Consultative
Procedures
55.1 Commitments -
Proposals for change shall be consistent with the following commitments by the Employer:
a) A commitment
to direct appointment
b) A commitment
to the effective retention of skills within the SCA
c) A commitment
to retraining in order to maximise the redeployment of displaced staff within
the business, and
d) A commitment
to creating career development opportunities for existing and future staff.
55.2 Proposal for
change covered by this clause will include but not be limited to:
a) Termination of
employment
b) Changes in the
composition, operation or size of the SCA workforce
c) Changes in the
skills required
d) The
elimination or diminution of job opportunities, promotion opportunities or job
tenure
e) Management
initiated changes to the defined hours of work or Overtime arrangements outside
those allowed for under Clause 17 Hours of Work.
f) The need for
retraining or transfer of employees to other work or locations
g) The restructuring
of work areas or significant change to individual position descriptions
h) The
introduction of new Technology
i) Any
decision to contract out or outsource work performed by the SCA that could
result in the loss of direct employment.
55.3 Principles
55.3.1 Consultation is
defined as a process whereby all parties to the discussion genuinely commit to
the exchange of relevant information, advice on any likely effects and
consequences and all parties take the views of each other into account.
55.3.2 At the development
stage and prior to a definite decision to introduce changes as outlined in
55.2, the SCA will advise unions in writing of proposed changes. This advice will be given at the stage in
which change is being contemplated for the purpose of consulting with the
employees and their union who may be affected by the proposed changes so that
the views of all the affected parties can be taken into account.
55.3.3 The SCA and the
unions shall take all necessary measures to minimise the adverse effects on
employees of workplace changes, in particular the displacement of employees.
55.3.4 In developing
proposals for significant change, including restructures, management will
discuss with the employees affected and their union the broad principles
involved in the proposal including, where available, efficiency gains, cost
benefit analysis, rationale for required changes, expected changes to number
and type of positions and the reasons for them.
55.3.5 In this process
there will be full disclosure of supporting material including participation in
the evaluation of positions within the restructure; how the restructure will
contribute to the career opportunities for existing staff and proposed
implementation schedule.
55.3.6 In developing
proposals for significant change, SCA will consult with affected employees and
their union(s) regarding staff placement policies (including direct
appointment, priority assessment, merit selection, etc)
and redeployment systems and opportunities.
55.4 Process
55.4.1 SCA will genuinely
attempt to avoid the displacement of employees by ensuring a proper process of
evaluation for each position.
55.4.2 Once a definite
proposal is submitted to effected employees and their union(s), up to four
weeks will be allowed for consultation between the SCA and the Unions. Once SCA makes a decision to structure and/
or make significant changes, they will enter into consultation with affected
employees and their union(s). Consultation will continue throughout the
process.
55.4.3 During a period of
up to four (4) weeks from a Union receiving the employer’s proposals, the
employer will not implement the proposed changes unless otherwise agreed with
the Unions(s).
55.4.4 When the proposed
changes are not agreed, either party may enact the dispute resolution clause.
55.4.5 Where the proposed
changes have been agreed, or the SCA has decided to proceed to implement them
and the parties have been through the dispute resolution clause, regular
communication and consultation with affected staff and their union(s) will
continue to review and monitor the change with a view to providing a forum for
continued discussion around unforeseen repercussions.
55.4.6 The SCA will allow
sufficient paid time meetings for the unions to consult with affected
employees.
55.5 Consultative
Committee
55.5.1 The parties to
this award (SCA, ASU & APESMA) will establish a Joint Consultative
Committee (JCC). The JCC is established to foster a positive organisational
climate and to provide members with a forum in the pursuit of raising matters
in good faith and resolving them in the best interests of the SCA and its staff
in a cooperative manner.
55.5.2 The JCC is a
dedicated forum for discussion; it has neither the mandate nor power to make
decisions.
55.5.3 The functions of
the JCC may include:
a) discussion on employment relations matters that may be
raised by either management or the unions;
b) consider reports by management and unions on a range of
issues including management reports on relevant materials that would affect the
well-being and interests of employees;
c) the operation of the JCC does not affect any rights of
access to the normal dispute resolution procedures of the Award.
55.5.4 The parties will
advise each other a week in advance of the names of committee members attending
the scheduled meeting at the JCC.
55.5.5 The committee may
co-opt other personal for advisory purposes on specific issues or invite staff
members to expedite committee business.
55.5.6 The committee will
in normal circumstances meet once every three months on the third Tuesday of
the month or as the committee otherwise deems necessary.
55.5.7 Any one of the
parties can call an extraordinary meeting by giving a minimum three working days’
notice of such meeting to the other parties.
55.5.8 The JCC will
establish Terms of Reference to include processes for the conduct of meetings
that shall be maintained on the SCA intranet site
56.
Dispute Resolution Procedures
56.1 Objectives
(a) The objective
of these procedures is the avoidance and resolution of any disputes over
matters covered by this Award by measures based on the provision of information
and explanation, consultation and cooperation and negotiation.
(b) Accordingly,
(i) The
SCA undertakes to provide relevant information and explanation and to consult
with employees and employee representatives on matters covered by this Award;
and
(ii) Employees and
their unions undertake to raise their concerns at an early stage and for
providing as much information as possible to assist in an effective resolution.
56.2 Processes
(a) All attempts
should be made to prevent or settle matters at the level at which they are
raised, wherever possible.
(b) It is the
responsibility of the parties to this Award to take reasonable and genuine
internal steps to prevent or settle disputes by early and timely consultation
and discussion. Where a matter covered by this Award arises, which is of
concern to an employee the following procedure will apply. In each instance the steps taken will be
aimed at achieving the early settlement of the particular matter in dispute:
Step 1 In the first
instance the employee(s) and/or their union representative and their immediate
supervisor are to discuss the matter at the workplace level by no longer than
five (5) working days;
Step 2 If the matter is
not resolved at the workplace level, further discussions involving the
employee(s) and/or their union representative and the relevant General Manager
are to be arranged within five (5) working days;
Step 3 If the matter is
not resolved at Step 2, further discussions involving the union and a nominated
representative of the Employer are to be arranged within five (5) working days;
Step 4 If a matter has not
been resolved through these procedures, the matter may be notified to the
Industrial Relations Commission of NSW by either party to the dispute. Matters
may only be referred to the Industrial Relations Commission of NSW when all
steps in these procedures have been exhausted.
(c) Nothing in
sub-clause (b) above precludes
(i) The
Union(s) and the Employer entering into direct negotiations on any matter, or
(ii) To seek the
early involvement of human resources specialists from the Human Resources Section,
or
(iii) Referring the
matter to a mutually agreed third party for mediation at any stage, or
(iv) The
matter being immediately handled under Step 3 if that will resolve the matter.
(d) Without
prejudice to either the Employer or the employees, the parties to this Award
must ensure that work continues in accordance with existing custom and practice
in the workplace while the procedures in sub-clause 56.2 are followed. Exceptions to this is
where a bona fide occupational health and safety issue is involved employees
will not be expected to work in an unsafe environment, but will undertake
suitable alternative work until the issue is resolved. An employee must not unreasonably fail to
comply with a direction by the Employer to perform other available work,
whether at the same workplace or another workplace that is safe and appropriate
for the employee to perform.
(e) The above
provisions will not apply in the case of a stop-work meeting called for
purposes of report-back to a mass meeting of members to consider matters of a
general nature, provided that the Union gives the Employer 72 hours notice (not including weekends and public holiday(s)
of the meeting being called and provides a contact person to consider matters
of life and limb.
(f) Where a dispute
is referred to the Industrial Relations Commission of NSW and the dispute would
be assisted by the presence of a union representative(s), a union
representative may be granted leave of absence with pay of up to twelve days in
a two year period for attending proceedings in the Industrial Relations
Commission of NSW and reasonable time for preparation, provided that
(i) The
Union request the person(s) attendance in writing,
(ii) SCA operating
requirements permit the grant of leave; and
(iii) Payment for
the leave shall not include penalty payments or overtime.
(g) Any leave
approved under this provision shall count as service for all purposes.
SCHEDULE 1 - RATES OF PAY
Award Sub-clause 10(a)
Column 1
|
Column 2
|
Column 3
|
Column 4
|
|
Grade
|
Pay Point
|
2.5%
|
2.27%
|
2.27%
|
|
|
First pay on or
after
|
First pay on or
after
|
First pay on or
|
|
|
1 July 2012
|
1 July 2013
|
after 1 July 2014
|
Grade 19
|
19.4
|
$191,836
|
$196,191
|
$200,645
|
|
19.3
|
$188,072
|
$192,341
|
$196,707
|
|
19.2
|
$184,385
|
$188,571
|
$192,852
|
|
19.1
|
$180,769
|
$184,872
|
$189,069
|
Grade 18
|
18.4
|
$177,225
|
$181,248
|
$185,362
|
|
18.3
|
$173,751
|
$177,695
|
$181,729
|
|
18.2
|
$170,344
|
$174,211
|
$178,166
|
|
18.1
|
$167,004
|
$170,795
|
$174,672
|
Grade 17
|
17.4
|
$163,728
|
$167,445
|
$171,246
|
|
17.3
|
$160,518
|
$164,162
|
$167,888
|
|
17.2
|
$157,370
|
$160,942
|
$164,595
|
|
17.1
|
$154,285
|
$157,787
|
$161,369
|
Grade 16
|
16.4
|
$151,260
|
$154,694
|
$158,206
|
|
16.3
|
$148,294
|
$151,660
|
$155,103
|
|
16.2
|
$145,387
|
$148,687
|
$152,062
|
|
16.1
|
$142,535
|
$145,771
|
$149,080
|
Grade 15
|
15.4
|
$139,741
|
$142,913
|
$146,157
|
|
15.3
|
$137,000
|
$140,110
|
$143,290
|
|
15.2
|
$134,315
|
$137,364
|
$140,482
|
|
15.1
|
$131,681
|
$134,670
|
$137,727
|
Grade 14
|
14.4
|
$129,099
|
$132,030
|
$135,027
|
|
14.3
|
$126,567
|
$129,440
|
$132,378
|
|
14.2
|
$124,087
|
$126,904
|
$129,785
|
|
14.1
|
$121,651
|
$124,412
|
$127,236
|
Grade 13
|
13.4
|
$119,267
|
$121,974
|
$124,743
|
|
13.3
|
$116,929
|
$119,583
|
$122,298
|
|
13.2
|
$114,636
|
$117,238
|
$119,899
|
|
13.1
|
$112,387
|
$114,938
|
$117,547
|
Grade 12
|
12.4
|
$110,183
|
$112,684
|
$115,242
|
|
12.3
|
$108,024
|
$110,476
|
$112,984
|
|
12.2
|
$105,907
|
$108,311
|
$110,770
|
|
12.1
|
$103,829
|
$106,186
|
$108,596
|
Grade 11
|
11.4
|
$101,792
|
$104,103
|
$106,466
|
|
11.3
|
$99,797
|
$102,062
|
$104,379
|
|
11.2
|
$97,841
|
$100,062
|
$102,333
|
|
11.1
|
$95,923
|
$98,100
|
$100,327
|
Grade 10
|
10.4
|
$94,042
|
$96,177
|
$98,360
|
|
10.3
|
$92,197
|
$94,290
|
$96,430
|
|
10.2
|
$90,390
|
$92,442
|
$94,540
|
|
10.1
|
$88,616
|
$90,628
|
$92,685
|
Grade 9
|
9.4
|
$86,880
|
$88,852
|
$90,869
|
|
9.3
|
$85,176
|
$87,109
|
$89,086
|
|
9.2
|
$83,505
|
$85,401
|
$87,340
|
|
9.1
|
$81,868
|
$83,726
|
$85,627
|
Grade 8
|
8.4
|
$80,263
|
$82,085
|
$83,948
|
|
8.3
|
$78,689
|
$80,475
|
$82,302
|
|
8.2
|
$77,147
|
$78,898
|
$80,689
|
|
8.1
|
$75,634
|
$77,351
|
$79,107
|
Grade 7
|
7.4
|
$74,151
|
$75,834
|
$77,555
|
|
7.3
|
$72,698
|
$74,348
|
$76,036
|
|
7.2
|
$71,271
|
$72,889
|
$74,544
|
|
7.1
|
$69,875
|
$71,461
|
$73,083
|
Grade 6
|
6.4
|
$68,504
|
$70,059
|
$71,649
|
|
6.3
|
$67,160
|
$68,685
|
$70,244
|
|
6.2
|
$65,845
|
$67,340
|
$68,869
|
|
6.1
|
$64,552
|
$66,017
|
$67,516
|
Grade 5
|
5.4
|
$63,288
|
$64,725
|
$66,194
|
|
5.3
|
$62,045
|
$63,453
|
$64,893
|
|
5.2
|
$60,829
|
$62,210
|
$63,622
|
|
5.1
|
$59,638
|
$60,992
|
$62,377
|
Grade 4
|
4.4
|
$58,467
|
$59,794
|
$61,151
|
|
4.3
|
$57,322
|
$58,623
|
$59,954
|
|
4.2
|
$56,197
|
$57,473
|
$58,778
|
|
4.1
|
$55,096
|
$56,347
|
$57,626
|
Grade 3
|
3.4
|
$54,013
|
$55,239
|
$56,493
|
|
3.3
|
$52,956
|
$54,158
|
$55,387
|
|
3.2
|
$51,918
|
$53,097
|
$54,302
|
|
3.1
|
$50,900
|
$52,055
|
$53,237
|
Grade 2
|
2.4
|
$49,902
|
$51,035
|
$52,193
|
|
2.3
|
$48,923
|
$50,034
|
$51,170
|
|
2.2
|
$47,963
|
$49,052
|
$50,165
|
|
2.1
|
$47,023
|
$48,090
|
$49,182
|
Grade 1
|
1.10
|
$46,101
|
$47,147
|
$48,217
|
|
1.9
|
$45,198
|
$46,224
|
$47,273
|
|
1.8
|
$44,311
|
$45,317
|
$46,346
|
|
1.7
|
$43,442
|
$44,428
|
$45,437
|
|
1.6
|
$42,591
|
$43,558
|
$44,547
|
|
1.5
|
$41,756
|
$42,704
|
$43,673
|
|
1.4
|
$40,939
|
$41,868
|
$42,818
|
|
1.3
|
$40,134
|
$41,045
|
$41,977
|
|
1.2
|
$39,347
|
$40,240
|
$41,153
|
|
1.1
|
$38,576
|
$39,452
|
$40,348
|
SCHEDULE 2 - SUMMARY - ALLOWANCES
The amount of the following allowances will be adjusted
in accordance with general adjustments to pay under sub-clause 10(a) - Rates of Pay:
The allowance rates shown apply from the first pay
period on or after the dates detailed below:
Clause
|
Allowance
|
2.5%
|
2.27%
|
2.27%
|
|
|
First pay
|
First pay
|
First pay
|
|
|
On or after
|
on or after
|
on or after
|
|
|
1 July 2012
|
1 July 2013
|
1 July 2014
|
Cl.42
|
Fire Fighting
|
$1.76 per hour
|
$1.80 per hour
|
$1.84 per hour
|
Cl. 44 (a)
|
First Aid
|
$27.59 per fortnight
|
$28.22 per fortnight
|
$28.86 per fortnight
|
Cl. 45
|
Community Language
|
$1,122.66 p.a
|
$1,148.14 pa
|
$1,174.20 p.a
|
|
(A) Base Level
|
|
|
|
Cl. 45
|
Community Language
|
$1,683.89 p.a
|
$1,722.11 pa
|
$1,761.20 p.a
|
|
(B) High Level
|
|
|
|
The following allowances will be adjusted in accordance
with the mechanism specified and will be published on the SCA Intranet:
Clause
|
Allowance
|
Variation date
|
Variation
methodology
|
No.
|
|
|
|
40.
|
Travel Allowances
|
1 July each year
|
Varied in line with annual ATO ruling for
|
|
|
|
reasonable allowance amounts.
|
41.
|
Overtime Meal Allowances
|
1 July each year
|
Varied in line with annual ATO ruling for
|
|
|
|
reasonable allowance amount for
Meal 3.
|
43.
|
Camping Allowance
|
1 July each year
|
Varied in line with CPI adjustments for
|
|
|
|
Sydney.
|
49.
|
Use of Private Motor Vehicle
|
1 July each year
|
Varied in line with annual ATO ruling for
|
|
|
|
reasonable allowance.
|
SCHEDULE 3 - SECURE EMPLOYMENT
(a) Objective of
this Clause
(i) The
objective of this clause is for the employer to take all reasonable steps to
provide its employees with secure employment by maximising the number of
permanent positions in the employer’s workforce, in particular by ensuring that
casual employees have an opportunity to elect to become full-time or part-time
employees.
(b) Casual
Conversion
(i) A
casual employee engaged by a particular employer on a regular and systematic
basis for a sequence of periods of employment under this Award during a
calendar period of six months shall thereafter have the right to elect to have
his or her ongoing contract of employment converted to permanent full-time or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) Every
employer of such a casual employee shall give the employee notice in writing of
the provisions of this sub-clause within four weeks of the employee having
attained such period of six months. However, the employee retains his or her
right of election under this subclause if the employer fails to comply with
this notice requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i),
upon receiving such notice under paragraph (b)(ii) or after expiry of the time
for giving such notice, may give four weeks’ notice in writing to the employer
that he or she seeks to elect to convert his or her ongoing contract of
employment to full-time or part-time employment, and within four weeks of
receiving such notice from the employee, the employer shall consent to or
refuse the election, but shall not unreasonably so refuse. Where an employer
refuses an election to convert, the reasons for doing so shall be fully stated
and discussed with the employee concerned, and a genuine attempt shall be made
to reach agreement. Any dispute about a
refusal of an election to convert an ongoing contract of employment shall be
dealt with as far as practicable and with expedition through the disputes
settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time or part-time employment will be deemed to have elected against any
such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the employer and employee shall, in accordance with
this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:
(1) whether the employee will convert to full-time or part-time
employment; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award pursuant to a part time work agreement made
under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi),
the employee shall convert to full-time or part-time employment. If there is
any dispute about the arrangements to apply to an employee converting from
casual employment to full-time or part-time employment, it shall be dealt with
as far as practicable and with expedition through the disputes settlement
procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) For
the purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which has as its business function, or one of its
business functions, to supply staff employed or engaged by it to another
employer for the purpose of such staff performing work or services for that
other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by that
other employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with employees of the labour hire business and/or
contract business regarding the workplace occupational health and safety
consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure employees of the labour hire business and/or contract
business are made aware of any risks identified in the workplace and the
procedures to control those risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and Workers
Compensation Act 1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(e) This clause
has no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council
SCHEDULE 4 - PERSONAL CARERS
ENTITLEMENT FOR CASUAL EMPLOYEES
(i) Personal
Carers entitlement for casual employees
(a) Casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a family member described in clause 30.1 (d) (ii) of this
Award 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 (d), and the notice requirements set out in (e) of this.
(b) The employer
and the casual employee shall agree on the period for which the employee will
be entitled to not be available to attend work. In the absence of agreement,
the employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) The employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage or
not to engage a casual employee are otherwise not affected.
(d) The casual
employee shall, if required,
(A) 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
(B) establish by production of documentation acceptable to
the employer or a statutory declaration,
the nature of the emergency and that such emergency resulted in the person
concerned requiring care by the employee.
In normal circumstances, a casual employee must not
take carer’s leave under this subclause where another person had taken leave to
care for the same person.
(e) 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.
(ii) Bereavement
entitlements for casual employees
(a) 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).
(b) The employer
and the casual employee shall agree on the period for which the employee will
be entitled to not be available to attend work. In the absence of agreement,
the employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) An employer
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.
(d) 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.
SCHEDULE 5
(1) Refer to the
Industrial Relations Act 1996 (NSW). The following provisions shall also apply
in addition to those set out in the Industrial Relations Act 1996 (NSW).
(2) An employer must
not fail to re-engage a regular casual employee (see section 53(2) of the Act)
because:
(a) the employee or employee's spouse is pregnant; or
(b) the employee is or has been immediately absent on parental
leave.
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.
(3) Right
to request
(a) An
employee entitled to parental leave may request the employer to allow the
employee:
(i) to extend the period of simultaneous unpaid parental leave
use up to a maximum of eight weeks;
(ii) to extend the period of unpaid parental leave for a further
continuous period of leave not exceeding 12 months;
(iii) to return from a period of parental leave on a part-time basis
until the child reaches school age;
to assist the employee in
reconciling work and parental responsibilities.
(b) The
employer shall consider the request having regard to the employee’s
circumstances and, provided the request is genuinely based on the employee’s
parental responsibilities, may only refuse the request on reasonable grounds
related to the effect on the workplace or the employer’s business. Such grounds
might include cost, lack of adequate replacement staff, loss of efficiency and
the impact on customer service.
(c) Employee’s
request and the employer’s decision to be in writing
The employee’s request and the employer’s decision made
under 3(a) and 3(b) must be recorded in writing.
(d) Request
to return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where
an employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an opportunity for the employee to discuss any
significant effect the change will have on the status or responsibility level
of the position the employee held before commencing parental leave.
(b) The
employee shall take reasonable steps to inform the employer about any
significant matter that will affect the employee’s decision regarding the
duration of parental leave to be taken, whether the employee intends to return
to work and whether the employee intends to request to return to work on a
part-time basis.
(c) The
employee shall also notify the employer of changes of address or other contact
details, which might affect the employer’s capacity to comply with paragraph
(a).
I. TABBAA, Commissioner
____________________
Printed by the authority of the Industrial Registrar.