Local Government (COVID-19) Splinter (Interim) Award 2020

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Local Government and Shires Association of New South Wales, Industrial Organisation of Employers.

 

(Case No. 118779 of 2020)

 

 

VARIATION

 

1.         Delete subclause 4.1 of the Local Government (COVID-19) Splinter (Interim) Award 2020 published 17 April 2020 (387 I.G. 589), and insert in lieu thereof the following:

 

4.1      The industrial parties to this Award are:

 

(a)       Local Government NSW ("LGNSW");

 

(b)       Aged and Community Services Australia ("ACSA");

 

(c)       New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union ("USU");

 

(d)       Local Government Engineers’ Association of New South Wales ("LGEA");

 

(e)       Development and Environmental Professionals’ Association ("DEPA");

 

(f)        Nurses’ and Midwives Association of New South Wales ("NSW Nurses");

 

(g)       Electrical Trades Union of Australia, New South Wales Branch ("ETU"); and

 

(i)        Health Services Union ("HSU")."

 

2.         Delete clause 5, Definitions, and insert in lieu thereof the following:

 

5.  Definitions and Interpretation

 

5.1      In this Award, unless the context requires otherwise:

 

Award means the Local Government (COVID-19) Splinter (Interim) Award 2020.

 

COVID-19 means the coronavirus named "COVID-19" by the World Health Organisation (previously known as "2019 novel coronavirus") and the disease it causes.

 

Job Retention Allowance means the Job Retention Allowance referred to in clause 13 of this Award and which is based on the Band 1/Level 2 rate of pay under the Local Government (State) Award 2017. The allowance may be a weekly amount or an hourly amount depending on the context.  The hourly amount is either 1/35th or 1/38th of the weekly amount depending on the ordinary hours of work for the relevant work function at clause 18A of the LG (State) Award for the employee’s substantive position. 

 

"LG (State) Award means:

 

(i)        the Broken Hill City Council Consent Award 2018 as varied from time to time, and any award that succeeds the Broken Hill City Council Consent Award 2018;

 

(ii)       the Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award as varied from time to time, and any award that succeeds the Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award;

 

(iii)     the Goldenfields Water County Council Enterprise Award 2017 as varied from time to time, and any award that succeeds the Goldenfields Water County Council Enterprise Award 2017;

 

(iv)      Local Government (State) Award 2017 means the Local Government (State) Award 2017, as varied from time to time, and any award that succeeds the Local Government (State) Award 2017.

 

(v)       the Local Government (Electricians) Award, as varied from time to time, and any award that succeeds the Local Government (Electricians) Award;

 

(vi)      the Local Government, Aged, Disability and Home Care (State) Award, as varied from time to time, and any award that succeeds the Local Government, Aged, Disability and Home Care (State) Award;

 

(vii)    the Nursing Home &c Nurses (State) Award, as varied from time to time, and any award that succeeds the Nursing Home &c Nurses (State) Award;

 

(viii)   the Riverina Water Council Enterprise Award 2019 as varied from time to time, and any award that succeeds the Riverina Water Council Enterprise Award 2019;

 

(ix)      the South Sydney City Council Salaried Officers Award 2017 as varied from time to time, and any award that succeeds the South Sydney City Council Salaries Officers Award 2017;

 

(x)       the South Sydney City Council Wages Staff Award 2017 as varied from time to time, and any award that succeeds the South Sydney City Council Wages Staff Award 2017;

 

(xi)      the City of Sydney Wages/Salary Award 2017 as varied from time to time, and any award that succeeds The City of Sydney Wages/Salary Award 2017;

 

(xii)    any enterprise agreement or council agreement made in relation to the abovementioned awards; and/or

 

(xiii)   the Wollongong City Council Enterprise Agreement 2018 - 2021."

 

Ordinary pay has the same meaning as under the LG (State) Award.

 

Salary system rate of pay means the rate of pay an employee is entitled to receive under their employer’s salary system in recognition of the skills the employee is required to apply on the job.

 

Senior staff has the same meaning as under the Local Government Act 1993 (NSW) and includes the general manager of the Council and the holder of all other positions identified in the employer’s organisation structure as senior staff positions.

 

Suitable alternative duties include:

 

duties that are within the limits of an employee’s skill, competence and training; and/or

 

duties, whether the same or different, that have a different span of ordinary hours, different spread of ordinary hours, or different commencement and/or finishing times that are reasonable and which take into consideration carers or family responsibilities, provided that employees make genuine efforts to make themselves available; and/or

 

duties that involve working a different number of hours per day or week; and/or

 

training, including training in areas unrelated to an employee’s substantive role.

 

"Union means any one or more of the following organisations:

 

New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union ("USU");

 

Local Government Engineers’ Association of New South Wales ("LGEA");

 

Development and Environmental Professionals’ Association ("depa");

 

Nurses’ and Midwives Association of New South Wales ("NSW Nurses");

 

Electrical Trades Union of Australia, New South Wales Branch ("ETU"); and

 

Health Services Union ("HSU")."

 

3.         Delete the words "LG (State) Award" wherever it appears in the award and replace with the words "Local Government (State) Award 2017".

 

4.         Delete subclause 11.4 of clause 11, Employees Working from Home, and insert in lieu thereof the following:

 

11.4    Claims for other out-of-pocket expenses (e.g. stationery) shall be processed in accordance with subclause 15(viii) [Expenses] of the LG (State) Award and applicable policies of the employer.

 

5.         Delete subclause 13.10 of clause 13, No Useful Work, and insert in lieu thereof the following:

 

13.10  An employee who remains stood down (or partially stood down) under subclause 13.2 and who has exhausted their entitlement to paid COVID-19 special leave under subclauses 13.3 or 13.4 shall be paid a Job Retention Allowance at the Band 1/Level 2 rate of pay under the Local Government (State) Award 2017 for thirteen (13) weeks or until the employer is able to provide the employee with useful work, whichever occurs first.  Provided that where a Junior, Trainee or Apprentice employee’s regular ordinary rate of pay is less than the Band 1/Level 2 rate of pay under the Local Government (State) Award 2017, the amount to be paid as the Job Retention Allowance shall be the employee’s ordinary rate of pay instead of the Band 1/Level 2 rate of pay under the Local Government (State) Award 2017."

 

6.         Delete Schedule A and insert in lieu thereof the following:

 

Schedule A

 

Employers covered by this Award

 

A.1      The employers listed in Table 1 below are the employers covered by this Award, as provided by clause 3.

 

A.2      For employers listed in Column A of Table 1, subclause 13.4 of the Award operates on and from 8 April 2020.

 

A.3      For employers listed in Column B of Table 1, subclause 13.4 of the Award operates on and from 20 April 2020.

 

Table 1 - Employers covered by the Award, and operative date of subclause 13.4

 

 

7.         This variation shall take effect on and from 24 April 2020.

 

 

 

J.V. MURPHY, Commissioner

 

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Printed by the authority of the Industrial Registrar.