Roads and Maritime Services Consolidated Salaried
Award 2014
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Roads and Maritime Services Division of the Government of New South Wales.
(No. IRC 413 of 2013)
Before The Honourable Justice Staff
|
13 June 2014
|
AWARD
Arrangement
PART A – CORE CONDITIONS
SECTION 1 – APPLICATION, OPERATION AND GENERAL PROVISIONS
1. Definitions
2. Title
3. Area,
Incidence and Duration
4. No Extra
Claims
5. Dispute Settlement
Procedure
6. Grievance
Procedure
7. Consultation
and Significant Workplace Change
8. Trade
Union Activities
9. Work
Environment
10. Anti-Discrimination
11. Negotiation
of Next Award
SECTION 2 – TERMS OF EMPLOYMENT AND RELATED MATTERS
12. Forms of
Employment
13. Probationary
Period
14. Secure
Employment
15. Notice of
Termination of Employment
16. Abandonment
of Employment
SECTION 3 – SALARIES, ALLOWANCES AND RELATED MATTERS
17. Classifications
and Rates of Pay
18. Higher
Duties
19. Travelling
Compensation
20. Allowances
SECTION 4 – HOURS OF WORK, OVERTIME, SHIFTWORK AND
RELATED MATTERS
21. Hours of
Work
22. Shiftwork
23. Overtime
24. Flexible
Working Practices
SECTION 5 – LEAVE AND PUBLIC HOLIDAYS
25. Annual
Leave
26. Sick Leave
27. Carer’s
Leave
28. Family and
Community Service Leave
29. Maternity,
Adoption and Parental Leave
30. Lactation
Breaks
31. Extended
Leave
32. Special
Leave
33. Examination
and Study Leave
34. Military
Leave
35. Purchased
Leave
36. Observance
of Essential Religious and Cultural Obligations
37. Leave for
Matters Arising from Domestic Violence
38. Leave
Without Pay
39. Public
Holidays
PART B – SPECIFIC PROVISIONS
SECTION 6 – SPECIFIC PROVISIONS FOR SALARIED EMPLOYEES
(INCLUDING IVRs)
40. Shiftwork
Definitions
41. Hours of
Work and Additional Conditions for Motor Registry and Telephone Customer
Service Centre Employees
42. Hours of
Work and Additional Conditions for DRIVES Help Desk Employees
43. Hours of
Work and Additional Conditions for Work Support Employees
44. Hours of
Work for Traffic Supervisors
SECTION 7 – SPECIFIC PROVISIONS FOR PROFESSIONAL
ENGINEERS
45. Shiftwork
Definitions
46. Call
Out/Call Back
47. Specialist
Engineers
48. Recognition
of Professional Engineering Skills
49. Professional
Development
50. Consultation
51. Part-Time
Employment
52. Hours for
Full-Time Employees
53. Disturbance
Allowance
54. Leave
Without Pay
SECTION 8 – SPECIFIC PROVISIONS FOR MARITIME EMPLOYEES
55. Hours of
Work
56. Additional
Hours
57. Overtime
58. Fitness
for Duty
59. Allowances
60. Conditions
Applicable to Managers at Salary Level MA17A and MA17AA, including Team
Leaders, Commercial Vessel, Survey and Certification
61. Conditions
applicable to Senior Boating Safety Officers (SBSOs), Boating Safety Officers
(BSOs), Boating Education Officers and Riverkeepers
62. Conditions
Applicable to Team Leaders Environmental Services (TLES) and Environmental
Services Officers (ESOs).
63. Conditions
Applicable to the Payment of Annualised Salaries
64. Competency
Progression of Maritime Employees
65. Change of
Position
66. Specific
Provisions for Special Extraordinary Aquatic Events
SCHEDULE A - CLASSIFICATION STRUCTURE AND RATES OF PAY
SCHEDULE B - ALLOWANCES AND EXPENSES
SCHEDULE C - GRIEVANCE RESOLUTION PROCEDURE
PART A – CORE CONDITIONS
SECTION 1 – APPLICATION, OPERATION AND GENERAL PROVISIONS
1. Definitions
Accrued Day Off (ADO) means a day, not being a holiday,
that an Employee has off duty arising from working additional hours over a
roster cycle to accrue a day off.
BSO - means a Boating Safety Officer, Senior Boating
Safety Officer or Riverkeeper of the Maritime Division employed as a member of
the Transport Service in the RMS Group. (Suggested wording provided by RMS).
Cadet means a person completing a four year engineering
degree course, or equivalent, at a recognised Australian University.
Call-out/Call-back means a call or direction to return
to work to attend to an emergency or breakdown.
Casual means a person who is employed and paid by the
hour with no guaranteed hours of work and whose employment terminates at the
end of each engagement, as specified by subclause 12.5.
Chief Executive means the Chief Executive of Roads and
Maritime Services.
(Note: a reference to any action taken by the Chief
Executive or the Employer under this Award is, where appropriate, taken to mean
a reference to action taken by a delegate of the Chief Executive).
Continuous shift work means a pattern of work designed
to cover the business operations with consecutive shifts of Employees
throughout 24 hours per day, for a period of at least six consecutive days
without interruption, except during breakdowns, meal breaks or owing to
unavoidable causes beyond RMS’ control.
Crib break or a paid meal break means a break which is
treated as time worked, where Employees remain available to carry out duties.
Day Worker means an Employee whose ordinary hours of
work as specified in subclause 21.2 are between 0600 to 1800.
Dispute Settlement Procedure (DSP) means the procedure
outlined in clause 5.
Domestic Violence means domestic violence as defined in
the Crimes (Domestic and Personal Violence) Act 2007.
Employee means a person employed as a member of the
Transport Service in the RMS Group and covered by this Award.
Employee’s Representative means a person of the
Employee’s choice, who may be a union official, appointed by the Employee to
represent them, concerning matters at work.
Employer means the Secretary of the Department of
Transport as head of the Transport Service.
ESO means an Environmental Service Officer.
Experienced Professional Engineer means a Professional
Engineer (as defined) who:
(a) is a Member of Engineers Australia
(MIEAust); or
(b) has at least four years continuous experience
in professional engineering duties since becoming a Professional Engineer.
Extended Leave means long service leave as provided by
clause 31.
FACSL means Family and Community Service Leave as
provided by clause 28.
Family Member means:
(a) a
spouse of the Employee;
(b) a de facto spouse, who, in relation to a
person is a person of the opposite or same sex to the Employee who lives with
the Employee as the Employee's partner on a bona fide domestic basis although
not legally married to the Employee.
(c) a child or 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 of the spouse or de facto spouse of the Employee.
(d) a relative of the Employee who is a
member of the same household, where for the purposes of this definition:
"relative"
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
"affinity"
means a relationship that one spouse or partner has to the relatives of the
other; and
"household"
means a family group living in the same domestic dwelling.
Family Responsibilities means, in relation to Family and
Community Service Leave, the granting of such leave on compassionate grounds
(such as the death or illness of a close family member) or, attending to
unplanned or unforeseen family responsibilities (such as attending a child’s
school for an emergency reason or emergency cancellations by child care
providers).
Field Work means work which is not incidental to the
Employee’s current role and is undertaken away from the Employee’s permanent
RMS office or normal work location.
Flexitime means a flexible system of arranging working
hours that includes the ability for Employees to accrue and take flex leave in
accordance with this Award and RMS Hours of Work including Flexible Working
Hours Policy/Procedure as amended from time to time.
Full-Time Employee means a person who is employed on a
permanent or temporary basis to work the ordinary hours prescribed in subclause
21.2.
General Provisions means those provisions referred to
in Part A, Core Conditions of this Award.
Graduate Engineer means a Professional Engineer who is
participating in the RMS Graduate Recruitment and Development Program (or
equivalent).
Headquarters means the centre to which an Employee’s
position is attached for administrative purposes.
Hourly Rate means the rate payable for one hour worked
calculated by dividing the weekly rate by 35 or 38 depending upon the hours
applicable to each classification.
Hours of Work means the Ordinary Hours Employees are
required to work.
IRC means Industrial Relations Commission of New South
Wales.
Letter of appointment means the letter sent to
Employees offering them employment in RMS.
Leave Year means, for the calculation of annual leave
loading, the year commencing on 1 December each year and ending on 30 November
of the following year.
Local Holiday
means a holiday which is declared as an additional public holiday for a
specified part of the State under the Public Holidays Act. It does not include
Local Event Days unless such days have been gazetted as a public holiday for
the local area.
LWOP means
Leave Without Pay.
Major Transport Disruption means a major transport
incident such as a derailment or a motor vehicle accident resulting in
significant delays to the travelling public.
Maritime Employees means those Employees employed in the
Maritime classifications in Schedule A Part 3 of this Award.
MESO means Maritime Environmental Services Officer
Official Business Rate means the rate Employees are
paid for using a private vehicle on official RMS business when:
no RMS vehicle is available; or
no hire car is available; or
no public or other transport is available; or
Employees are unable to use public or other transport
because of a disability; or
Employees are requested to use the vehicle and agree to
do so; or
Employees are required to do so as specified by
subclause 20.5.10 (Transfer of Dependants), or when the Employer approves use
of a private vehicle when other forms of transport are available for travel to
a temporary work location.
On Call means
a direction to be available outside ordinary hours to provide a response to an
emergency/breakdown.
Ordinary rate of pay means the base rate Employees are
paid on an hourly basis, according to their hours of work and their annual
salary.
Overtime means time which Employees work outside their
ordinary hours as per clause 23.
P and MA Act shall mean the Ports and Maritime
Administration Act 1995.
Part-Time Employee means a person employed in
accordance with subclause 12.4 and who has hours of work that are less than
those of full-time Employees.
Permanent residence means where an Employee lives.
Personal salary means, for Maritime Employees, any
salary in excess of the value of the position as determined by the process of
job evaluation or, for those Employees who moved from the Award system into the
MSB Enterprise Agreement interpolated/altered rate which resulted from
redeployment or transfer at the time of transition.
Professional Engineer means an Employee who holds an undergraduate
degree in engineering (4 or 5 year course) from an Australian university or
equivalent, as recognised by Engineers Australia.
For the purposes of entitlement in this Award,
excluding Schedule A, Part 2, Professional Engineer includes Cadet and Graduate
Engineer.
Professional Engineering Duties means duties, any
portion of which are required to be carried out by Employees who have
qualifications as a Professional Engineer.
Regular Annual Aquatic Event means an event that occurs
on a regular basis and is included in the annual event calendar, for example
New Years Eve and Australia Day.
RMS means the Secretary of the Department of Transport
as head of the Transport Service.
(Note: This definition was varied following the
commencement of the Government Sector Employment Act 2013 to reflect that the
Roads and Maritime Division of the Government Service of New South Wales
established under Chapter 1A of the Public Sector Employment and Management Act
2002 was abolished, staff moved to the Transport Service, and that Employer
functions are now exercised by the Secretary of the Department of Transport as
Head of the Transport Service. Notwithstanding that, in some instances in this
Award, references to "RMS" refer to the business of the Roads and Maritime
Services rather than to the Employer).
RMS Group - means the group of staff designated by the
Secretary of the Department of Transport in accordance with the Transport
Administration (Staff) Regulation as being part of the RMS Group who are not part
of the Transport Senior Service.
Rostered Day Off (RDO) means the day that an Employee
has off duty in accordance with the rostering arrangements in their area of
operation.
Salaried Employee means those Employees employed in the
Salaried Classifications in Schedule A Part 1 of this Award. Unless specified
otherwise, it includes Inspectors Vehicle Regulations.
Saturday means the period between 12 midnight Friday
and 12 midnight Saturday.
SEA Officer means an initial or periodic surveyor,
examiner or Safety Management System auditor employed in the Commercial
Operations Branch of the Maritime Division.
Shift means a turn of duty during which work is
performed.
Shift loading means a payment for working shifts other
than day shift, as specified in subclause 22.5, to compensate for the
inconvenience of hours worked.
Shift work means a pattern of work in which the
ordinary hours may be performed outside standard hours, as per subclause 22.2.
Special Extraordinary Aquatic Event means a unique aquatic
event that is not regularly included in the annual event calendar and occurs
outside of the events currently supported by on-water Employees. For example,
Sydney Harbour Fleet Review was deemed to be a Special Extraordinary Aquatic
Event.
Specific Provisions means those provisions contained in
Part B of this Award and which apply to the relevant specified classifications.
Sunday means the period between 12 midnight Saturday
and 12 midnight Sunday.
TA Act means Transport Administration Act 1988.
Temporary Employee means an Employee employed for a
specific period of time or project as prescribed in subclause 12.6.
Temporary work location means the place where Employees
temporarily perform their ordinary RMS work if required to work away from their
headquarters.
Time Credit means the amount of time worked in a
settlement period that exceeds the ordinary hours of work, under a flexitime
arrangement.
TL ES means Team Leader Environmental Services.
Trainee means an Employee engaged under a recognised
traineeship.
Traineeship means a structured training program,
lasting up to 24 months that combines practical experience at work and training
with a Registered Training Organisation (RTO).
Transport Service means the Transport Service of New
South Wales established by the Transport Administration Act 1988.
Union means an organisation of Employees registered
under the Industrial Relations Act 1996.
Weekly Rate means the calculation arrived at by
dividing the annual salary by 52.17857.
2. Title
This Award shall be known as the Roads and Maritime Services
Consolidated Salaried Award 2014.
3. Area,
Incidence and Duration
3.1 This Award
shall apply to:
(a) the Employer;
and
(b) Employees
employed in the classifications covered by this Award.
3.2 Parties to this
Award are:
(a) the Employer;
(b) Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales (PSA);
(c) the
Association of Professional Engineers, Scientists and Managers, Australia (NSW
Branch)) (APESMA) (also referred to as Professionals Australia);
(d) the Australian
Services Union of NSW (ASU);
(e) Australian
Maritime Officers’ Union of New South Wales (AMOU);
(f) Australian
Institute of Marine and Power Engineers New South Wales District (AIMPE); and
(g) the Seamens’
Union of Australia, New South Wales Branch (MUA).
3.3 This Award
rescinds and replaces the following industrial instruments:
(a) Crown
Employees (Roads and Maritime Services- Salaried Staff Salaries and Conditions of
Employment) Award;
(b) Crown
Employees (Roads and Maritime Services- Salaries Staff) Award;
(c) Professional
Engineers (Roads and Maritime Services - Salaries) Award 2012;
(d) EA 11/5 -
Maritime Authority of New South Wales (trading as NSW Maritime) Enterprise
Agreement 2010-2013;
(e) Maritime
Authority of New South Wales Award 2007;
(f) Agreement No.
8411 of 1990 - The Roads and Traffic Authority of New South Wales and the
Public Service Association of New South Wales (Inspector - Vehicle Regulation);
and
(g) Industrial
Agreement for Inspectors Vehicle Regulation 1995 (contained in Personnel
Circular 95/5).
3.4 This Award
comes into effect on 1 July 2014 and will remain in force until 30 June 2016.
3.5 Any specific
provisions contained in Part B of this Award shall take precedence to the
extent of any inconsistency over the general provisions contained in Part A of
this Award.
4. No Extra
Claims
4.1 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 the
Award by a party to 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 IRC, by a party to this Award.
4.2 The terms of
subclause 4.1 do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing Award
provisions.
4.3 Variations made
with the agreement of the parties as provided for in clause 6(1)(d) of the
Industrial Relations (Public Sector Conditions of Employment) Regulation 2011
(NSW) are not prohibited by this clause.
5. Dispute
Settlement Procedure
5.1 A dispute is a complaint
or difficulty which affects one or more Employee(s). It may include a change in
working conditions that is perceived to have a negative implication on
Employees.
5.2 This disputes
procedure outlined at subclause 5.3 below shall apply to any dispute that
arises with respect to the following:
(a) matters
pertaining to the relationship between the Employer and Employees;
(b) matters
pertaining to the relationship between the Employer and the union parties to
this Award which pertain to the Award; and/or
(c) the operation
and application of this Award.
5.3 Dispute
Settlement Process
Step One
In the first instance, any dispute which is local in
nature, and which will not impact on other locations, will be dealt with at the
local level by the Employee(s) and/or their union representative raising the
matter with the Employee’s immediate supervisor. The parties shall make a
genuine attempt to resolve the dispute within 48 hours of receipt of the
dispute notification.
Step Two
If the dispute remains unresolved following Step 1, the
Employee(s) and/or their union representative shall refer the matter to the
Manager of the work area to which the dispute relates. The parties shall make a
genuine attempt to resolve the dispute within 48 hours of the completion of
Step 1.
Step Three
If the dispute remains unresolved following Steps 1 and
2, the Employee(s) and/or their union representative shall refer the matter to
the General Manager of the work area to which the dispute relates. The parties
shall make a genuine attempt to resolve the dispute within 48 hours of the
completion of Step 2.
Step Four
If the Dispute cannot be resolved through the procedure
outlined in Steps 1-3, or if the Dispute involves matters other than local issues
or matters involving the application/ interpretation of this Award, the
Employee or their representative may refer the dispute to the Manager,
Workplace Relations (or their representative) to attempt to achieve a
resolution between the parties within 72 hours of completing Step 3.
Step Five
If following Steps 1 -4 the dispute remains unresolved,
any relevant party may refer the matter to the IRC for conciliation in the
first instance, and if conciliation does not resolve the Dispute, the matter
shall be arbitrated by the IRC. The referral of the dispute to the IRC must
take place within 72 hours of completing Step 4.
5.5 Nothing in this
clause prevents the making of an agreement to refer a Dispute to a step other
than the next in sequence to accelerate resolution or for some other reason(s),
or to agree to refer the dispute to the IRC for urgent resolution, or for
making a submission to the IRC that the status quo should remain.
5.6 Whilst this
procedure is continuing, no work stoppage or any other form of work limitation
shall occur, or any other form of work limitation applied.
5.7 The parties
acknowledge that where a Dispute involves a matter where genuine, serious and
immediate risk is posed to the health and safety of any person, it may not be
practical to follow the procedure in this clause in attempting to resolve the
dispute; and that an urgent reference to the IRC may be required.
6. Grievance
Procedure
6.1 A grievance is
a personal concern about work or the work environment for which Employees seek
hearing or resolution.
6.2 A grievance may, for example, relate to:
(a) allocation of
work or development opportunities,
(b) a perceived
denial of an entitlement, or
(c) suspected
discrimination or harassment.
6.3 RMS’ Grievance
Resolution Procedure, as amended by the Employer from time to time, is to be
followed when a grievance arises. This Procedure is at Schedule C of this
Award.
6.4 While the
Grievance Resolution Procedure is being followed, normal work is to continue.
7. Consultation
and Significant Workplace Change
7.1 There
shall be effective means of consultation on matters of interest and concern,
both formal and informal, at all levels of the organisation, between the
parties to this Award and Employees.
7.2 Consultation regarding significant
workplace change
(a) Where the Employer has made a definite
decision to introduce major changes in production, program, organisation,
structure or technology that are likely to have significant effects on
Employees, the Employer will meet with the Employees who may be affected by the
proposed changes and their representatives.
(b) Significant effects include declaring
Employees excess; major changes in the composition, operation or size of the
Employer’s workforce; technological change that impacts on the working
arrangements of Employees; the need for retraining or transfer of Employees to
other work or locations; and the restructuring of jobs. Provided that where
this Award makes provision for alteration of any of these matters an alteration
is deemed not to have significant effect.
(c) The Employer is committed to
consultation on workplace policies and such policies will continue to have
effect until such time as RMS amends, replaces or rescinds policy.
(d) The Employer will provide information to
the affected Employees and their representatives about:
(i) the proposed changes;
(ii) the effects on the Employee(s) of the
proposed changes;
(iii) the rationale for the proposed changes.
(e) The Employees will be given an opportunity
to provide input to the Employer and discuss the proposed change and any
measures proposed to avoid or otherwise minimise any possible adverse impact on
affected Employees.
(f) The Employer will respond to any
feedback provided by Employees and the Employer Representatives.
8. Trade
Union Activities
8.1 The Employer
acknowledges that Union delegates represent and speak on behalf of members in
the workplace and that their representation rights in relation to matters that
pertain to the employment relationship are integral to the proper operation of
the Dispute Settlement Procedure contained at clause 5 of this Award.
8.2 The Employer
acknowledges the requirements under section 210 of the Industrial Relations Act
1996 in relation to the role of Union delegates.
8.3 Accordingly the
Employer will allow Union delegates reasonable time during the delegate’s
working hours to perform the duties listed below, and such time will be
regarded as being on duty:
(a) represent members in
bargaining;
(b) represent the
interests of members to the Employer;
(c) address new
Employees about the benefits of union membership at the time that they enter
employment;
(d) consult with union
members and other Employees for whom the delegate is a representative; and
(e) place union
information on a union noticeboard in a readily accessible and visible
location.
8.4 Union delegates will
be provided with reasonable access to relevant information and reasonable
preparation time before meetings with management or disciplinary or grievance
meetings where a union member requires the presence of a union delegate, where
operational requirements allow the taking of such time.
8.5 Where a workplace
meeting is called with management, including meetings under the Dispute
Settlement Procedure, Union delegates that attend will be paid by the Employer
any travel and/or accommodation costs necessarily and reasonably incurred.
8.6 Union delegates must
give reasonable notice to their manager of the requirement to attend a meeting
arising as a result of the operation of the Dispute Settlement Procedure.
Unless not otherwise possible a Union delegate should not interrupt Employees
who are undertaking their work duties.
8.7 Special leave with
pay will be granted for the following activities undertaken by a Union delegate
as specified below:
(a) annual or biennial
conferences of their own Union, Unions NSW or the Australian Council of Trade
Unions (ACTU);
(b) attendance at
meetings called by Unions NSW involving the Unions which requires attendance of
a delegate;
(c) attendance at their
Unions National Executive, State Executive, Divisional Committee of Management
(or equivalent), National Council or State Council;
(d) giving evidence
before an Industrial Tribunal or in another jurisdiction in proceedings as a
witness for the Union, briefing counsel, appearing as an advocate on behalf of
a Union or assisting Union officials with preparation of cases; and
(e) attendance at meetings
as a member of a vocational or industry committee.
8.8 Employees who are
members of a Union will be granted Special Leave with pay up to 12 working days
in any period of 2 years to attend training courses endorsed by their Union,
Unions NSW or the ACTU, subject to:
(a) the operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
(b) all travelling
expenses being met by the Employee or the Union;
(c) attendance being
confirmed in writing by the Union or a nominated training provider.
8.9 The Employer must be
notified in writing by the Union or, where appropriate, by the Union delegate
as soon as the date and/or time of the meeting, conference, training or other
accredited activity referred to above is known.
8.10 Any payment to an
Employee as a result of performing duties or taking leave in accordance with
this clause will be paid at ordinary time rates.
8.11 If a delegate
undertakes duties in accordance with this clause while on leave, RMS will
credit the time for the attendance following the production by the delegate of
satisfactory evidence of attendance.
8.12 Union Delegates’
access to the Employer’s facilities
(a) The Employer will
allow reasonable access to telephone, computers and accessories, meeting rooms,
facsimile, postal, photocopying, e-mail and intranet/internet facilities for
the purpose of carrying out work as a Union delegate and consulting/meeting
with workplace colleagues in accordance with this provision.
(b) The Employer shall
provide a notice board for the display of authorised material in each workplace
in a readily accessible and visible location.
8.13 Employees on loan to
Unions - Subject to the operational requirements of the workplace, on loan arrangements
will apply as follows:
(a) RMS Employees loaned
to a Union party to this Award on a temporary basis may perform work at the
Union when it makes application to RMS because:
(i) it needs the
Employee’s services, or
(ii) the Employee is a member
of the Executive or Council of the Union and is required by the Union to
undertake a country tour.
(b) When proceeding to
work at the Union, Employees must complete a leave form in the usual manner
which shows the reason for absence as "On loan to the relevant
union".
(c) When performing work
for the Union, the following applies:
(i) the period of the
loan counts for service in respect of all entitlements,
(ii) the Employee
remains on RMS’ payroll,
(iii) RMS will seek
reimbursement from the Union at regular intervals of all salary and associated
on costs, including superannuation. The Union is required to meet such costs as
specified by NSW Treasury from time to time,
(iv) if the Employee
wishes to apply for leave whilst at the Union they should make application for
leave to RMS in the usual manner.
9. Work
Environment
9.1 Workplace
Health and Safety - The parties to this Award are committed to achieving and
maintaining accident-free and health workplaces through:
(a) the
development of policies and guidelines on Workplace Health, Safety and
Rehabilitation;
(b) assisting to
achieve the objectives of the Work Health and Safety Act 2011 and the Work
Health and Safety consultative arrangements in the workplace; to identify and
implement safe systems of work, safe work practices, working environments and
appropriate risk management strategies; and to determine the level of
responsibility to achieve these objectives;
(c) identifying
training strategies for Employees, as appropriate, to assist in the
recognition, elimination or control of workplace hazards and the prevention of
work related injury and illness;
(d) developing
strategies to assist the rehabilitation of injured Employees.
9.2 The Employer
will allow Employees elected as committee members and Health and Safety
Representatives (HSR), reasonable time during working hours to attend meetings
of the workplace’s Workplace Health and Safety Committee and participate in all
official activities relating to the functions and responsibilities of a
Workplace Health and Safety Committee Member and or HSRs.
9.3 Equality of
Employment and Elimination of Discrimination - The parties to this Award are
committed to providing a work environment which promotes the achievement of equity,
access and elimination of discrimination in employment.
9.4 Harassment-free
Workplace - Harassment on the grounds of sex, race, marital status, physical or
mental disability, sexual preference, transgender, age or responsibilities as a
carer is unlawful in terms of the Anti-Discrimination Act 1977. Management and
staff are required to refrain from, or be party to, any form of harassment in
the workplace.
10.
Anti-Discrimination
10.1 It is the
intention of the Employer to seek to achieve the object in section 3(f) of the
Industrial Relations Act 1996 to prevent and eliminate discrimination in the
workplace. This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and responsibilities
as a carer.
10.2 It follows that
in fulfilling their obligations under Clause 5 (Dispute Settlement Procedure)
of this Award the parties have obligations to take all reasonable steps to
ensure that the operation of the provisions of this Award are not directly or
indirectly discriminatory in their effects. It will be consistent with the
fulfilment of these obligations for the parties to make application to vary any
provision of the Award which, by its terms or operation, has a direct or
indirect discriminatory effect.
10.3 Under the Anti-
Discrimination Act 1977, it is unlawful to victimise an Employee because the
Employee has made or may make or has been involved in a complaint of unlawful
discrimination or harassment.
10.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti‑discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti‑Discrimination Act 1977;
(d) a party to
this Award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
10.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
NOTES
1. Employers and Employees may also be
subject to Commonwealth anti-discrimination legislation.
2. Section 56(d) of the Anti-Discrimination
Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
11. Negotiation of
Next Award
11.1 The parties
agree to begin negotiations for the next Award no later than six months prior
to the nominal expiry date of this Award.
SECTION 2 - TERMS OF EMPLOYMENT AND RELATED MATTERS
12. Forms of
Employment
12.1 RMS will use
direct permanent employment as the preferred and predominant staffing option
for RMS.
12.2 Basis of
Employment
Employees are employed on either a full-time,
part-time, casual or temporary employment basis.
12.3 Full-Time
A Full-Time Employee is an Employee employed to work
the relevant full-time hours.
12.4 Part-Time
(a) A Part-Time
Employee shall be engaged to work fewer contracted ordinary hours than the
ordinary hours of a Full-Time Employee in the same classification. Part-time
Professional Engineers must work a minimum of 3 hours per day.
(b) Part-Time work
may be undertaken with the agreement of the Employer. The terms of the
agreement must be in writing and specify the pattern of contract hours to be
worked and may only be varied with the consent of both parties.
(c) Part-Time
Employees shall be paid at the same hourly rate as a Full-Time Employee in the
same classification, including any relevant expenses and/or allowances as
prescribed in this Award.
(d) Part-Time
Employees receive entitlements on a pro rata basis calculated according to the
number of hours an Employee works in a part-time position or under a part-time
arrangement. Entitlements to paid leave will accrue on the equivalent hourly
basis.
(e) Subject to any
specific provisions, the Employer may request, but not require, a Part-Time
Employee to work additional hours or overtime in excess of their contract
hours.
(f) Subject to
subclause 12.4(h), Salaried Employees and Professional Engineers who work on a
Part-Time basis who work in excess of their usual daily hours may elect to:
(i) be paid at
the ordinary rate of pay plus a loading of 1/12th for such additional hours in
lieu of accrual of annual leave (5/47th loading for Employees entitled to 5
weeks annual leave) up to a maximum which is equal to the daily hours of
Full-Time Employees in the relevant classification; or
(ii) have the
additional hours counted for the accrual of annual and sick leave.
(g) Subject to
subclause 12.4(h), Maritime Employees who are part-time and work additional
hours shall, subject to the specific provisions in this Award, be paid at the
ordinary rate of pay for such hours and such time shall count for the purposes
of annual leave accruals.
(h) Part-Time
Employees who work overtime, that is hours where an equivalent Full-Time
Employee is entitled to overtime payments, shall be entitled to the same rate
of overtime pay and conditions of overtime as those of their Full-Time
equivalent.
(i) Part-Time
Employees may work, with approval of a line manager, under a flexitime
arrangement as set out at subclause 21.2. Any work performed within the normal
bandwidth is paid at the ordinary rate and any hours worked outside the
bandwidth is paid at the applicable overtime rate which is applicable to full
time Employees in the relevant classification.
12.5 Casual
Employment
(a) Employees may
be employed on a casual basis:
(i) to carry out
work that is irregular or intermittent, or
(ii) to carry out
work on a short-term basis, or
(iii) to carry out
urgent work or to deal with an emergency, and
(iv) must possess
the qualifications required of a permanent Employee in the same classification.
(b) Casual Employees
are employed on an hourly basis for a minimum of three hours per engagement.
(c) Casual
Employees who work less than three hours per engagement are paid for three
hours.
(d) Casual
Employees are paid at the ordinary hourly rate applicable to the first year of
the base grade of their classification.
(e) Casual
Employees shall be paid a loading on the appropriate ordinary hourly rate of
pay of 17% in recognition of the casual nature of the employment and compensate
the Employee for all leave, other than annual leave and extended leave, and all
incidences of employment, except overtime and penalty rates.
(f) Casual
Employees shall also receive a 1/12th loading in lieu of annual leave.
(g) Casual
Employees will be entitled to overtime payments when they are required to work
hours that would normally attract overtime payments for full-time Employees in
accordance with clause 23 Overtime or, for Maritime Employees, clause 56
Overtime. Casual Employees are similarly entitled to attract Shift Work penalty
in accordance with clause 22 Shift Work and allowances (except for Transfer
Allowances) as set out in clause 20 Allowances.
(h) The following
provisions do not apply to Casual Employees (unless specified otherwise):
(i) Clause 13
(Probationary Period);
(ii) Clause 15
(Notice of Termination of Employment);
(iii) Subclause
20.5 (Transfer Allowances);
(iv) Section Five
(Leave and Public Holidays);
12.6 Temporary
Employment
(a) A Temporary
Employee shall be entitled to the same salary and conditions as permanent
Employees in the same classification.
(b) Temporary
Employees are not entitled to redundancy payments.
(c) Subject to
subclause 12.6(d), an engagement of a Temporary Employee may be for a fixed period
of not more than 24 months, for a specific project, or for maternity relief of
not more than 24 months, on either a full-time or part-time basis.
(d) Where a
Temporary Employee is engaged for a fixed period of more than 24 months the
Employee will be made permanent.
12.7 Trainees
Employees who are undergoing a recognised Traineeship
shall be paid according to the Crown Employees (Public Service Training Wage)
Reviewed Award 2008, as amended from time to time.
13. Probationary
Period
13.1 Subject to
subclauses 13.2 all new Employees, other than Employees who immediately prior
to their employment in RMS were employed in the NSW Public Sector, will be
subject to a probationary period of 3 calendar months, unless they are employed
in a position which, due to the nature of the work or compulsory training, has
a probationary period of six months.
13.2 Engineering
Cadets and Inspectors Vehicle Regulation are subject to a probation period of
12 months.
13.4 Prior to the
conclusion of the probationary period, the Employer may either:
(a) confirm
appointment;
(b) extend the
probationary period once up to a maximum of 3 months; or
(c) annul the
probationary appointment.
14. Secure
Employment
14.1 Objective of
this Clause
The objective of this clause is for the Employer to
take all reasonable steps to provide its Employees with secure employment by
maximising the number of permanent positions in the Employer’s workforce, in
particular by ensuring that Casual Employees have an opportunity to elect to
become Full-Time or Part-Time Employees.
14.2 Casual
Conversion
(a) A Casual
Employee engaged by the Employer on a regular and systematic basis for a
sequence of periods of employment under this Award during a calendar period of
six months shall thereafter have the right to elect to have his or her ongoing
contract of employment converted to permanent full-time employment or part-time
employment if the employment is to continue beyond the conversion process
prescribed by this subclause.
(b) The Employer
of such a Casual Employee shall give the Employee notice in writing of the
provisions of this subclause 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.
(c) Any Casual
Employee who has a right to elect under subclause 14.2(b), upon receiving
notice under subclause 14.2(b) or after the expiry of the time for giving such
notice, may give four weeks’ notice in writing to the Employer that he or she
seeks to elect to convert his or her ongoing contract of employment to
full-time or part-time employment, and within four weeks of receiving such
notice from the Employee, the Employer shall consent to or refuse the election,
but shall not unreasonably so refuse. Where the 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.
(d) Any Casual
Employee who does not, within four weeks of receiving written notice from the
Employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(e) Once a Casual
Employee has elected to become and been converted to a Full-Time Employee or a
Part-Time Employee, the Employee may only revert to casual employment by
written agreement with the Employer.
(f) 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 subclause 14.2(b), the
Employer and Employee shall, in accordance with this paragraph, and subject to
subclause 14.2(b), discuss and agree upon:
(i) whether the
Employee will convert to full-time or part-time employment; and
(ii) 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;
Provided that an Employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to convert
his or her contract of employment to full-time employment and an Employee who
has worked on a part-time basis during the period of casual employment has the
right to elect to convert his or her contract of employment to part-time
employment, on the basis of the same number of hours and times of work as
previously worked, unless other arrangements are agreed between the Employer
and the Employee.
(g) Following an
agreement being reached pursuant to subclause 14.2(f), 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.
(h) An Employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
14.3 Work Health and
Safety
(a) For the purposes
of this subclause, the following definitions shall apply:
(i) A
"labour hire business" is a business (whether an organisation,
business enterprise, company, partnership, co-operative, sole trader, family
trust or unit trust, corporation and/or person) which has as its business
function, or one of its business functions, to supply staff employed or engaged
by it to another Employer for the purpose of such staff performing work or
services for that other Employer.
(ii) 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.
(b) If the
Employer engages a labour hire business and/or a contract business to perform
work wholly or partially on the Employer’s premises the Employer shall do the
following (either directly, or through the agency of the labour hire or
contract business):
(i) consult with
Employees of the labour hire business and/or contract business regarding the work health and safety
consultative arrangements;
(ii) 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;
(iii) 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
(iv) 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.
(c) Nothing in
this subclause 14.3 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and
Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act
1998.
14.4 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.
14.5 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Agency to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
15. Notice of
Termination of Employment
15.1 Unless the
Employee is terminated by the Employer for serious misconduct, the Employer
will not terminate an Employee's employment unless the Employee has been given
the period of notice required by this clause.
15.2 The required
period of notice by the Employer will be:
Employee's
Continuous Service with the Employer
|
Period of Notice
|
Not more than 1 year
|
1 week
|
More than 1 year and up to but no more than 3 years
|
2 weeks
|
More than 3 years but no more than 5 years
|
3 weeks
|
More than 5 years
|
4 weeks
|
15.3 Employees over
45 years of age who have more than 2 years of continuous service will be
provided with an additional one (1) week's notice.
15.4 The Employer may
require the Employee to work for all or part of the notice period, with any
remainder of the notice period to be paid out.
15.5 Employees may
terminate their employment by giving notice in writing in accordance with the
table in subclause 15.2 above, or by forfeiting salary in lieu of notice.
15.6 Where the Employer
has given notice of termination to an Employee, the Employee will be allowed up
to one day’s time off without loss of pay for the purpose of seeking other
employment. The time off is to be taken at times that are convenient to the
Employee after consultation with the Employer.
15.7 Upon termination
of employment an Employee must return any of the Employer’s property including
equipment, manuals, telephones, radios, security keys, uniforms, and
identification in their possession or control.
15.8 Nothing in this
clause shall affect the ability of the Employer to terminate the employment of
an Employee at any time, without notice, for serious misconduct.
16.
Abandonment of Employment
16.1 If an Employee is absent for a period of 5
consecutive working days without authorisation, the Employer (before
terminating) will write to the Employee, via registered post or courier (with
delivery confirmation receipt) to the Employee’s last known address, advising
that the Employer is considering termination unless the Employee provides a
satisfactory explanation within 7 calendar days.
16.2 If the Employee
does not respond to the letter or resume duty within the specified 7 calendar
days, a further letter will be sent by registered mail or courier (with delivery
confirmation receipt) to the Employee’s last known address, advising the
Employee that their services have been terminated due to abandonment of
employment.
16.3 The Employer
will make reasonable enquiries to ensure Employees are not suffering physical
and/or mental health issues in accordance with the RMS Separation from
Employment Procedure.
SECTION 3 - SALARIES, ALLOWANCES AND RELATED MATTERS
17. Classifications
and Rates of Pay
17.1 Employees, other than Professional
Engineers and Maritime Employees, are employed in the classifications set out
in Part 1 of Schedule A.
17.2 Professional Engineers are employed in the
classifications set out in Part 2 of Schedule A.
17.3 Maritime Employees are employed in the
classifications set out in Part 3 of Schedule A.
17.4 Employees, other than Trainees, will be
paid in accordance with this clause and the rates of pay set out in Schedule A.
17.5 Employees will be paid applicable
allowances and expenses in accordance with clause 20 and Schedule B of this Award.
17.6 Salary and allowance adjustments provided
for in this Award are as follows:
(a) salaries will increase by 2.27% from the
first pay period commencing on or after 1 July 2014;
(b) salaries will increase by 2.03% from the
first pay period commencing on or after 1 July 2015.
(c) allowance items 15, 16 and 19(a) will be
increased in accordance with (a) and (b) ,rounded to the nearest dollar; 19(b)
will be increased in accordance with (a) and (b), rounded to the nearest cent.
(d) allowance items 1 to 14, 17, 18, 20 and
24 will be increased in accordance with variations made via Department of
Premier and Cabinet Circulars and Schedule B amended as required.
(e) allowance
items 21 and 22 will be adjusted annually on 1 July, in accordance with the CPI
(all groups Sydney Index) for the
preceding 1 April to 31 March period.
(f) allowance item
23 will be adjusted annually on 1 July, as determined by the Employer.
17.7 Increments
(a) Subject to
subclauses (i) to (iii) below, where an Employee, other than a Maritime
Employee, has completed 12 months service at a level within a classification,
the Employee will progress one level within the Employee's classification.
(i) Employees are
not entitled to progress to an increment if their conduct, work performance or
attendance is unsatisfactory or if the Employee is subject to disciplinary
proceedings or formal management for unsatisfactory performance or conduct.
(ii) Periods of
leave without pay in excess of five days in any one year period will not count
as service for incremental purposes.
(iii) Regular
Casual Employees are entitled to an increment where they have worked the
equivalent of 12 months worked by a full time Employee in the same position.
17.8 Salary Packaging
(a) For the purposes
of this clause "salary" means the salary or rates of pay prescribed
by Schedule A of this Award and/or any salary payable under an agreement made
under s68D(2) of the TA Act and any allowances paid to an Employee which form
part of the Employee’s salary for superannuation purposes.
(b) An Employee
may, by agreement with the Employer, enter into a salary packaging arrangement
including salary sacrifice to superannuation where they may convert up to 100%
of their salary to other benefits.
(c) Any pre-tax
and post-tax payroll deductions must be taken into account prior to determining
the amount of salary available to be packaged. Such payroll deductions may
include but are not limited to, compulsory superannuation payments, HELP
payments, child support payments, judgment debtor/garnishee orders, union fees,
health fund premiums.
(d) The terms and
conditions of the salary packaging arrangement, including the duration as
agreed between the Employee and Employer, will be provided in a separate
written agreement, in accordance with the Employer’s salary packaging
guidelines administered by specialist salary package company Maxxia on behalf
of Transport Shared Services. Such agreement must be made prior to the period
of service to which the earnings relate.
(e) Salary
packaging must be cost neutral for the Employer. Employees must reimburse the
Employer in full for the amount of:
(i) any fringe
benefits tax liability arising from a salary packaging arrangement; and
(ii) any
administrative fees.
(f) Where the
Employee makes an election to salary package the following payments made by the
Employer in relation to an Employee shall be calculated by reference to the
annual salary which the Employee would have been entitled to receive but for
the salary packaging arrangement:
(i) Superannuation
Guarantee Contributions;
(ii) any
salary-related payment including but not limited to severance payments,
allowances and workers compensation payments; and
(iii) payments made
in relation to accrued leave paid on termination of the Employee’s employment
or on the death of the Employee.
(g) Novated leases
for 100% private use of motor vehicles are available under salary packaging.
17.9 Appeals in
Respect of Salary Grade or Classification
(a) Employees have
the right to apply to the Employer through their branch or section manager for
a salary increase, where applicable, or for an alteration in the grade or
classification to which they are appointed.
(b) If an Employee
is dissatisfied with a decision or determination of the Employer in respect of:
(i) the salary,
grade or classification; or
(ii) any other
matter of the nature referred to in Part 7 of the Industrial Relations Act 1996
(NSW),
the Employee may forward a notice of appeal to the
Employer within 30 days of being advised of such a decision or determination if
they do not exercise their right before the IRC. The Employer will hear and
determine the appeal and will allow the Employee, if so desired, to attend and
to present a case personally or through a representative.
(c) Nothing in
this clause shall preclude the reference of matters to the IRC.
17.10 Professional
Engineers and Maritime Employees will be paid fortnightly.
17.11 Union Deductions
(a) Where directed
in writing by an Employee, the Employer will deduct a payment due from the
Employee to a Union party from an Employee's salary and remit it to the
nominated Union in a timely manner, at no cost to the Employee or the Union,
but subject to the Union being able to accept an electronic funds transfer. A
deduction will be detailed on the Employee's pay slip.
18. Higher Duties
18.1 Subject to
subclause 18.2, where in any one period of relief an Employee is required to
relieve in a higher graded position for five working days or more and is
instructed to perform the whole of the duties of this position, they shall be
paid for the full period of relief the minimum salary of the higher graded
position.
18.2 Maritime
Employees who undertake higher duties in an A or AA position must:
(a) undertake the
duties for 4 weeks or more;
(b) meet the
ordinary hours of work requirement (ie. 161 hours in the 4 week cycle); and
(c) meet all other
requirements of the position,
in order to
be eligible for the annualised salary of the A or AA position. Where these
requirements are not met, the Employee is to be paid the Maritime Level rate
only for the position.
18.3 Where in any one
period of relief an Employee relieves in a higher graded position for five
working days or more and does not perform the whole of the duties of such
Employee in the higher graded position, they shall be paid an allowance as may
be determined by the Employer and prior to entering on relief shall be advised
of the allowance to be paid and the basis for its assessment, provided that:
(a) should the
period of relief be in excess of 12 months the relieving Employee shall be
entitled to be paid the salary that would be payable under this Award to a
person appointed to that position on the day the relieving Employee commenced
relieving duties in that position; or such proportion thereof as may be
determined by the Employer;
(b) except in an
emergency, prior approval to payment of a higher duties allowance is to be
obtained; and
(c) an Employee
relieving another in a lower graded position shall not suffer any reduction in
salary.
18.4 A higher duties
allowance is paid when an Employee is directed to relieve in a higher graded
position for one or more working days in the following occupational categories:
(a) Customer
Services Branch Employees working in Registries, including a maximum four hours
relief when working on Saturday shifts;
(b) Maritime
Division Employees classified as Team Leader Environmental Services, Employee
Support Officer (Payroll), Executive Assistant to the Director Maritime,
Management positions at Maritime Level 17, and Employees holding Master 5
qualifications and required by RMS to use these qualifications/skills in the
absence of the incumbent.
18.5 Higher Duties -
Part-Time Arrangements
(a) Employees
relieving in a higher graded position whose position holder is either a
Part-Time Employee or has taken a period of leave on a part-time basis, are
paid the higher duties allowance when having worked the equivalent of five
complete working days in the higher graded position.
(b) Part-Time
Employees relieving in a higher graded position for the part time equivalent of
five complete working days are paid the higher duties allowance on a pro-rata
basis, based on the number of hours worked.
18.6 Incremental
Progression by Allowances:
(a) Where a very
lengthy period of acting in the one higher graded position is unavoidable, the
Employee concerned may progress by way of allowance to the next incremental
step, provided that a 100 per cent allowance has been paid continuously for a
period of 12 months.
(b) Where the
allowance has been discontinued during a period of leave, the increment should
be delayed accordingly.
(c) Where there
are broken periods of relief in the higher graded position(s), such periods may
be aggregated, irrespective of the nature of the work of the position(s). Such aggregated
periods may be regarded as continuous service for the purpose of incremental
progression within the grade of the position(s), provided that:
(i) only periods
in respect of which the level of the allowance together with the Employee’s
salary is greater than or equal to the salary of the new position to which the
Employee is substantively appointed are counted;
(ii) any period of
leave during which allowance was not paid is discounted;
(iii) aggregation
does not extend over any break in excess of six months.
(d) The same
principles apply if an Employee who has been relieving in higher graded
positions is subsequently appointed to
a similarly graded position, to determine salary and/or allowance in the new
position.
18.7 Managers are to
consider sharing higher duties relief opportunities between suitable staff to
enhance fairness and increase developmental opportunities.
19. Travelling
Compensation
19.1 Travel on
Official Business
(a) Employees who
travel on official business and are not provided with an RMS vehicle, must,
wherever possible, travel by the most economic and practical means of public
transport. If public transport is not practical, or if the Employee has a
genuine safety concern, the Employer can approve the use of a taxi or hire car.
(b) RMS pays the
full cost of fares for the transport.
(c) Where
Employees pay for the travel, their claim for reimbursement of travel costs
must be supported by receipts.
(d) If there is no
public transport service, then Employees must obtain prior approval to travel
by:
(i) taxi, hire
car or rented car;
(ii) air; or
(iii) private
vehicle, in accordance with subclause 20.4.
(e) Employees who
receive approval to use a private vehicle for official business travel will be reimbursed
as set out in subclause 20.4.2.
19.2 Travel
Compensation
19.2.1 Fares
(a) Employees are
not entitled to payment of fares for travel between their usual headquarters
and usual permanent residence.
(b) If Employees
are required to work temporarily from another location which involves
additional fares, they will be paid the amount in excess of the fares usually
incurred between their permanent residence and headquarters.
(c) Where public
transport presents difficulties in (b), Employees may, subject to prior
approval, use a private vehicle and be reimbursed at the Specified Journey
Rate, less the amount of normal fares or the kilometres usually travelled
between their home and headquarters (whichever is relevant).
19.2.2 Travelling Time
(a) Employees are
entitled to claim payment or time off in lieu for travelling time in accordance
with subclauses 19.2.2 and 19.2.3. Employees are not entitled to be paid
travelling time or take time off in lieu:
(i) for time
spent travelling between their usual headquarters and usual permanent
residence, or for the time normally taken for the periodic journey from home to
headquarters and return,
(ii) for time
spent travelling on permanent transfer where:
1. the transfer
involves promotion which carries increased salary,
2. the transfer
is for disciplinary reasons,
3. the transfer
is made at the Employee’s request, or
4. special leave
has been granted for the day or days on which the travel is to be undertaken,
(iii) for periods of
less than a quarter of an hour on any day,
(iv) for the time
taken by the Employee to stop and eat a meal,
(v) for time spent
travelling outside of the time that might reasonably have been taken by the
most practical available route and the most economical means of transport,
(vi) for travel by
ship on which meals and accommodation are provided,
(vii) for travel
overseas,
(viii) from 11.00 pm
on the night the Employee is provided with overnight accommodation to 7.30 am
the following day, other than IVR Employees who are exempt from this provision.
(ix) if the
Employee receives an allowance or their salary includes a specific component of
compensation for travel outside normal hours.
(b) Employees who
are required to travel to work temporarily from another location which involves
additional travel time, are paid for any additional time taken in excess of the
time taken to travel between their usual headquarters and their usual permanent
residence.
(c) Subject to the
conditions in (a), where travel is on a:
(i) working day,
Employees are paid for time spent in travelling before their normal commencing
time or after their normal ceasing time;
(ii) non-working
day, Employees are paid for all time spent travelling on official business
after 7.30am.
19.2.3 Payment for
Travelling and Waiting Time
(a) Employees who
are entitled to claim travel time are entitled to have any necessary waiting
time treated as travelling time except when they are provided with overnight
accommodation at a centre.
(b) When Employees
are provided with overnight accommodation at a centre, they cannot count as
travelling/waiting time the time spent from arrival at the centre until
departure from the centre.
(c) Employees who
are in receipt of a salary in excess of the rate applicable to the maximum rate
for USS Grade 7/Engineer Level 1 Year 3, plus $1.00 per annum shall be paid
travelling time calculated at the maximum rate for USS Grade 7/Engineer Level 1
Year 3, plus $1.00 per annum, as adjusted from time to time.
(d) The maximum
payment or time off in lieu for travelling/waiting time is eight hours in any
24 hour period, except in unforseen circumstances such as a major transport
disruption.
(e) Payment for
travelling time and waiting time shall be at the Employee’s ordinary rate of
pay on an hourly basis calculated as follows:
Annual salary
|
x
|
5
|
x
|
1
|
1
|
|
260.89
|
|
Normal hours of
work
|
The rate of payment for travelling or waiting time on a
non-working day shall be the same as that applying to a working day.
(f) Unless
otherwise directed, Employees must take time off in lieu within three months of
being notified of approval of the leave.
20. Allowances
20.1 Calculation of
Allowances
(a) A daily
entitlement to a weekly allowance is calculated at one-fifth of the weekly
rate.
(b) When
calculating time worked:
(i) a fraction of
an hour less than 30 minutes is not taken into account;
(ii) fractions of
an hour of 30 minutes or more are taken to be one hour.
20.2 Meal Allowances
20.2.1 Meal allowance and
break while travelling
(a) Employees are
entitled to claim a meal allowance when travelling on RMS business if they:
(i) return to
their headquarters or place of residence on the same day;
(ii) have a meal
break of at least 30 minutes away from their residence or headquarters; and
(iii) incur an
expense in obtaining the meal.
(b) Employees shall
receive meal allowances at the rates contained in Item 1 of Schedule B and
subject to the following provisions:
(i) Breakfast -
the journey must have commenced before 6am and at least one hour before the
Employee's normal starting time;
(ii) Lunch - when
Employees are required to travel a total distance of at least 100km on the day and
take their lunch break at least 50km from their normal headquarters. Employees
whose position requires them to undertake work in the field and are regularly
required to take lunch away from their nominated headquarters shall be entitled
to a lunch allowance if lunch facilities are not available;
(iii) Evening meal
- the allowance may only be claimed when the meal is taken after 6:30pm.
20.2.2 Meal allowance on
overtime
(a) The entitlement
to meal allowances for Employees who work overtime, is set out in subclause
23.4.
20.3 Travelling and
Lodging Allowance
20.3.1 General
(a) If the Employer
requires an Employee to proceed on work away from their normal headquarters and
the Employee cannot return to their normal headquarters on the day of departure,
and the Employee does not permanently change their headquarters:
(i) the Employer
may elect to arrange and pay for the overnight accommodation direct to the
accommodation provider and reimburse the Employee the appropriate meal
allowance (where the Employer does not provide a meal, provided that where a
suitable meal is not available because of the Employee’s work commitments or
for some other sound reason, the meal allowance may be claimed and will be
paid). Under any such arrangement, the Employer shall ensure that the
accommodation so provided is reasonable and appropriate, having regard to the
nature of the work assignment.
(A) Employees who
stay in RMS-provided accommodation will receive an incidentals allowance as set
out at Item 4 of Schedule B;
(B) Employees
required to camp out or make use of caravans or boats for overnight
accommodation when motel/hotel accommodation is neither available or
appropriate are entitled to an allowance as set out in Item 24 of Schedule B;
(ii) where the
Employer does not pay the accommodation provider directly, the Employee shall
receive the appropriate rate of allowance as per Item 3 of Schedule B for every
period of 24 hours absence by the Employee from their residence; or
(iii) the Employee
may elect or be directed to be paid actual expenses properly and reasonably
incurred for the whole of the business trip together with an incidental
expenses allowance as set out at Item 4 of Schedule B.
(b) Employees must
obtain prior approval before making arrangements to stay in overnight
accommodation.
(c) Approval to
stay in overnight accommodation is determined having regard to safety and local
conditions. Where Employees are required to attend conferences or seminars
which involve evening sessions or make an early start in a location away from
their normal headquarters, overnight accommodation may be granted. Employees
can be expected to travel up to two hours each way on the forward and return
journeys for work-related purposes.
(d) The Travelling allowance
is calculated at the hourly rate of the relevant Lodging allowance as set out
at Item 3 of Schedule B.
(e) The Lodging
allowance is an allowance for overnight accommodation, meals and incidentals.
(f) Employees who
are required to stay in overnight accommodation and are paid the allowance set
out at paragraph (a)(ii) above are entitled to the rate for that region as set
out at Item 3 of Schedule B. The allowance is reduced by 50% if the Employee
remains in that region for more than 35 days and up to six months. Any periods
over 6 months do not attract the allowance.
(g) Lodging
allowance is calculated from the time Employees depart from:
(i) their normal
headquarters; or
(ii) their normal
place of permanent residence where they travel directly from there; or
(iii) another
temporary work location.
(h) Employees who
are sent from one temporary work location to another will continue to be
entitled to the payment for overnight accommodation, providing that the
distance between their headquarters and their subsequent temporary work
location is sufficient to make it necessary to continue such arrangements.
(i) Subject to
paragraph (h) above, where the allowance for overnight accommodation at the
subsequent temporary work location(s) is a different rate than that applying to
the previous temporary work location, Employees receive the rates based on the
times of departure from each location.
Methods for calculation of Lodging allowance for Employees travelling
between different locations are set out in Appendix A of Schedule B.
(j) Employees are
not entitled to an allowance under this clause for:
(i) any period
during which they return to their permanent residence on weekends or public
holidays, from the time of arrival at their place of residence until the time
of departure;
(ii) any period of
leave, except with the Employer’s approval or otherwise provided by this
clause; or
(iii) any other
period during which they are absent from the temporary work location, otherwise
than on official work.
(k) For the
purposes of this clause, ‘Sydney’ means the area bounded by Palm Beach and
Brooklyn in the north, Richmond in the north-west, Penrith in the west
Campbelltown and Camden in the south-west and Heathcote in the south.
Notwithstanding this definition, if Employees are paid an allowance for
overnight accommodation, they are expected to find accommodation as close as
possible to their temporary work location.
(l) When
Employees return from a temporary work location after more than 35 days and less
than six months’ lodging they are paid travelling at the hourly rate of the
relevant Lodgings allowance as set in Item 3 of Schedule B. Travelling is
calculated from the time the Employee departs from their temporary work
location to the time they arrive at their headquarters or normal place of
permanent residence.
(m) If the Lodging
allowance is deemed insufficient to adequately reimburse Employees for expenses
properly and reasonably incurred, a further amount may be paid to the Employee
for the additional expenses incurred.
(n) Employees must
produce receipts to receive reimbursement for actual expenses unless the
Employer is prepared to accept other evidence from them.
(o) In the event of
any dispute over the implementation of these changes the parties shall have
recourse to the IRC under the Dispute Settlement Procedure (clause 5).
20.3.2 Lodging in
RMS-Provided Accommodation
(a) Employees who
perform official duties at a temporary work location may be directed to lodge
in accommodation organised and provided by the Employer.
(b) Where the
Employer does not provide meals, Employees are reimbursed meal expenses
actually and reasonably incurred during the time spent away from their
permanent residence to perform that work.
(c) Employees who
stay in RMS-provided accommodation may receive an Incidentals allowance as set
out at Item 4 of Schedule B.
20.3.3 Lodging Away from
Headquarters for One Week or More, Within a Reasonable Distance from
Headquarters
(a) If Employees:
(i) are required
to find accommodation away from their headquarters for a period of one week or
more, and
(ii) are within
reasonable distance from their permanent residence/headquarters to travel to
their permanent residence at weekends (‘reasonable travelling distance’ from
Sydney being the area bounded by Newcastle, Singleton, Bowenfels, Yass and
Nowra),
then claims for Travel and Lodging allowances are
calculated according to (b) - (e) below.
(b) Employees are
entitled to the Travelling allowance set out in clause 20.3.1(d) when
travelling to or from a temporary work location, calculated from the time of
departure. If Employees have approval to use a private vehicle, they are paid
the Specified Journey Rate, as set out at Item 18 of Schedule B, up to the
amount payable had the most economic and practical means of public transport
been used.
(c) Lodging
allowance, or the actual and incidentals rate, is paid at the appropriate
capital city or non-capital city rate as set out at Item 3 of Schedule B. The
allowance is calculated from the time of the Employee’s departure to the
temporary work location up until the time of arrival back at
headquarters/permanent residence, which would normally be from Monday to
Friday, respectively.
(d) Where it is
necessary to:
(i) obtain
accommodation on a weekly basis in order to preserve continuity of
accommodation, and
(ii) the cost
exceeds the allowance payable from the time of arrival to the time of departure
each week,
Employees are paid the reasonable actual cost, plus an amount
set out at Item 4 of Schedule B.
(e) When
travelling to permanent residence/headquarters each week, Employees are
entitled to be reimbursed up to the cost of the most economic and practical
means of public transport available. If Employees make the journey by private
vehicle, they may be required to produce evidence that the journey was actually
made.
20.3.4 Lodging Away from
Headquarters for One Week or More, Not Within a Reasonable Travelling Distance
from Headquarters
(a) For Employees
who:
(i) are required
to find accommodation away from their headquarters for a period of one week or
more; and
(ii) are not
within a reasonable distance from their permanent residence/headquarters, as
defined in subclause 20.3.3(a)(ii), to travel to their permanent residence at
weekends,
the entitlement to return to permanent
residence/headquarters is calculated as set out below.
(b) If the distance
between a temporary work location and the Employee’s permanent
residence/headquarters is such that they can travel in their own time and spend
48 hours at their permanent residence/headquarters then Employees are entitled:
(i) if they have
dependents, to return to their permanent residence every four weeks at the
Employer’s expense. Alternatively, Employees may return to their permanent
residence every two weeks and have half their costs met by the Employer;
(ii) if they do
not have dependants, to return to their permanent residence every eight weeks
at the Employer’s expense. Alternatively, Employees may return to their
permanent residence every four weeks and have half their costs met by the RMS.
(c) If the
distance between an Employee’s temporary work location and their permanent
residence/headquarters, by the shortest practicable route, is such that Employees
are unable to travel in their own time to spend 48 hours at their permanent
residence/headquarters then Employees are entitled:
(i) if they have
dependants, to return to their permanent residence at the Employer’s expense
and take two days special leave (usually Friday and/or Monday) every four
weeks;
(ii) if they do
not have dependants, to return to their permanent residence at the Employer’s
expense and take two days special leave (usually Friday and/or Monday) every
eight weeks.
(d) Having regard
to the period of absence from work that is necessitated by land-based travel,
the Employer may provide Employees with air transport.
(e) If, in
accordance with (b) and (c) above, Employees return to their permanent
residence/headquarters after the specified period of absence has elapsed, each
journey will be regarded as a separate trip for the purposes of calculating
lodging allowances and Employees are paid travelling time as set out at
subclause 19.2.2(b).
(f) When Employees
travel to their permanent residence/headquarters they are entitled to be
reimbursed up to the cost of the most economic and practical means of public
transport available. If Employees make the journey by private vehicle, they may
be required to produce evidence that the journey was actually made.
20.4 Use of Private
Motor Vehicle
20.4.1 General
(a) Unless
otherwise specified in this Award, Employees bear the cost of daily travel by
private vehicle between their permanent residence and headquarters.
(b) Employees may
be authorised to use private motor vehicles where such use will result in
greater efficiency or be less expensive for the Employer than other forms of
transport.
(c) If Employees
have approval to use a private motor vehicle for work purposes, they must have
current:
(i) third party
personal injury insurance; and
(ii) a
comprehensive motor vehicle insurance policy to an amount and in a form
approved by the Employer.
20.4.2 Rates, Allowances
and Expenses
(a) Employees who have
approval to use a private motor vehicle for work purposes are paid an
allowance, depending on the circumstances and purpose for which the vehicle is
being used.
(b) Employees will
be paid:
(i) the Specified
Journey Rate, as set at Item 18 of Schedule B for travel to and from a
temporary work location; or when on official business where an RMS vehicle or
other forms of transport are available, but the Employee elects to use their
own private vehicle, with the approval of the Employer. The allowance is
limited to an amount not exceeding the cost of travel by public or other
available means of transport;
(ii) the Official
Business Rate as set at Item 17 of Schedule B for using a private vehicle on
official business when no other means of transport is available, where the
Employee is directed to use their own vehicle by the Employer and the Employee
agrees to do so;
(iii) the Official
Business Rate as set at Item 17 of Schedule B if, owing to a disability, the
Employee is unable to use other transport.
20.4.3 Private Use of RMS
vehicles
(a) Subject to
management approval and the provisions of RMS’s Light Motor Vehicle Policy and
Guidelines (as varied from time to time), Employees may negotiate to include
the private use of an RMS vehicle in a salary package arrangement.
(b) Such
arrangement will be subject to a motor vehicle being available from within the
RMS motor vehicle fleet and the vehicle being made available for general use
during business hours.
20.5 Conditions and
Allowances on Transfer
This clause applies to all Employees other than
Casuals.
20.5.1 General
(a) Unless
otherwise approved by the Employer, Employees are not paid allowances if they
transfer:
(i) at their own
request within a period of 2 years of taking up duty at their current
headquarters;
(ii) under
arrangements they have made directly with another Employee to exchange
positions;
(iii) from one part
of Sydney Metropolitan area to another as defined in RMS policy.
(iv) to a new
headquarters within 34km of their previous headquarters; or
(v) for reasons of
proven misconduct.
In the
case of job swaps arising out of major restructures, RMS is prepared to
consider the payment of transfer allowance in exceptional circumstances.
(b) Where both spouses
are Employees and are transferred to the same new headquarters requiring the
relocation of residence, they are to seek approval regarding payment of leave
and expenses as transferred Employees prior to relocating.
(c) Where special
circumstances exist and the Employer so approves, this clause shall apply to a
transfer within the meaning of subparagraphs (i) or (iv) of paragraph (a) of
this subclause.
20.5.2 Travelling and
Accommodation Allowance
(a) Employees who
are transferred from one headquarters to another are paid the travelling
allowance set out at subclause 20.3.1 until arriving at their new headquarters.
(b) Employees who
are unable to secure a permanent residence or other regular accommodation
immediately on arrival at their new headquarters and are:
(i) separated
from their dependants, are, paid the relevant accommodation allowance set out
at clause 20.3, for the first eight weeks;
(ii) separated
from their dependants, may be partially reimbursed for expenses actually and
reasonably incurred provided that the Employee can produce receipts of the
expenses claimed. Employees are only able to make this claim for expenses after
eight weeks and up to a maximum of six months after having been transferred.
The amount that may be reimbursed will be calculated by determining the total
amount of expenses incurred, for which the Employee has receipts, minus the
amount each week set out at Item 20 of Schedule B;
(iii) occupying
temporary accommodation with their dependants are paid three-quarters of the
actual and reasonable expenses incurred for a period of up to eight weeks;
(iv) occupying
temporary accommodation and do not have dependants, are paid 50% of the actual
and reasonable expenses incurred for a period of up to four weeks, up to a
maximum amount set out at Item 12(c) of Schedule B.
(c) Employees who
anticipate that due to special circumstances they will require reimbursement
beyond these periods must obtain the Employer’s approval prior to the
expiration of the above periods.
(d) Where the
Employer is not prepared, under subclause 20.5.10, to meet the expense of
transferring dependants, the Employee is paid the relevant accommodation
allowances set out at subclause 20.3.
(e) If an Employee
is separated from their dependents under circumstances set out above, then the
Employee is entitled to the provisions for returning to permanent residence set
out at subclauses 20.3.3 and 20.3.4.
20.5.3 Sale and Purchase
of Home When Transferred
(a) Where an
Employee is transferred and the Employer has agreed to meet the cost of
relocating their dependants and possessions, the Employee is entitled to be
reimbursed the costs associated with the sale of their current residence
provided the Employee purchases a residence or land to build a home at the new
location. The sale and purchase must
occur:
(i) not earlier
than 6 months prior to and no later than 4 years after the transfer; or
(ii) within a
period not exceeding a further 4 years if the Employee is transferred again
within the timeframe of (a).
(b) This subclause
also applies if an Employee sells their current residence and takes up rented
accommodation or transfers, as long it has not been more than four years since
their transfer.
20.5.4 Reimbursement of
Conveyancing and Other Costs
(a) If 20.5.3
applies, then the Employee may be reimbursed for the following expenses:
(i) professional
costs and disbursements of a solicitor or conveyancing company acting on the
Employee’s behalf, in respect of
transactions limited to Schedule 1 of the Conveyancing Act 1919 (NSW);
(ii) stamp duty
paid in respect of the purchase of the Employee’s residence or land at their
new location, and in respect of any mortgage entered into or discharge of
mortgage connected with such transactions;
(iii) registration
of transfer and discharge of mortgage;
(iv) any real
estate agent’s commission for the sale of the former residence;
(v) council or
other local government rates levied on the former residence prior to its sale and
during the period that it remains untenanted, providing that the Employee has
purchased a residence or land on which to build a home at the new
headquarters (the Employer may require
the Employee to prove that reasonable efforts have been made to sell the former
residence at a reasonable market price);
(vi) non-refundable
costs to connect gas and/or electricity at the new permanent residence;
(vii) the cost of
survey certificates, pest certificates and/or lending authority registration
fees and charges reasonably incurred in seeking financial assistance, for the
purpose of purchasing a residence or land on which to build a home at the new
headquarters.
(b) If the
four-year period in subclause 20.5.3(a) above is exceeded, the Employer will
consider the Employee’s circumstances and may require the Employee to provide
full details as to why the sale and/or purchase of the residence or land could
not be completed within the four-year period.
(c) The maximum
amount Employees are reimbursed for items in paragraph (a) above is limited to
the amount which would be payable had the sale and purchase prices in each case
been the amount set out at Item 8 of Schedule B.
(d) To be eligible
for reimbursement in full for the amount of stamp duty in paragraph (a)(ii)
above, Employees must occupy their residence within 15 months of transfer to
their new location.
20.5.5 Telephone
Connection
Employees will be reimbursed the cost of installing a
telephone at their new location provided that:
(a) they were a
telephone subscriber at their previous residence at the time of transfer; and
(b) the amount
reimbursed is limited to the full amount of the transfer or installation fee
only. Fees for extra telephone equipment and services etc. are not reimbursed.
(c) Employees must
provide receipts when claiming reimbursement.
20.5.6 Arrangement of
Accommodation in Advance
(a) Subject to
approval, if an Employee and one member of their household travel to the new
headquarters, prior to a transfer, to arrange accommodation in advance, the
Employee is entitled to:
(i) reimbursement
of travelling costs or the Specified Journey Rate, up to the amount payable had
the most economic and practical means of public transport been used;
(ii) two days paid
special leave, for the purpose of visiting the new location and arranging
accommodation;
(iii) such leave as
is necessary, on full pay, for the purposes of travelling to the new location;
and
(iv) actual and
reasonable expenses incurred for overnight accommodation and meals for the
Employee and their family member, provided the Employee produces receipts, up
to a maximum of the amount specified in subclause 20.3.
(b) Where the time
taken to travel to the new headquarters and accommodation is arranged in less
than two days, Employees are entitled to paid special leave for that lesser
time.
(c) Subsequent to
commencing work at their new headquarters, if Employees have been unable to
access the above entitlements but wish to have a member of their household
travel to their new headquarters for the purpose of finding new accommodation,
Employees are entitled to reimbursement of travel and accommodation expenses
for the household member, providing that person travels by the most practical
and economical means of transport. Where the family member travels by car, the
allowance is based on the Specified Journey Rate as set out at Item 18 of
Schedule B.
(d) Employees are
not entitled to the conditions above if they intend to re-occupy their own
home.
20.5.7 Weekly Allowance
for Increased Rental Costs
(a) Employees may
apply for and may be granted a weekly allowance if they incur increased rental
costs after being transferred. The application must be in writing and must be
supported by receipts which show the actual rent paid before and after the
transfer.
(b) The weekly
allowance is:
(i) based on the
difference between the cost of rent at the previous headquarters and the cost
of rent at the new location;
(ii) up to a
maximum of the amount set out at Item 9 of Schedule B per week; and
(iii) paid for a
period of up to six months, unless exceptional circumstances require that the
allowance be extended to a maximum of 12 months.
20.5.8 School Costs for
Dependant Children
(a) Where Employees
have dependant children in Year 12 who have to stay at the former location and
cannot move to the new location because elected subjects are not available at
the new location, they are entitled to reimbursement of up to the amount listed
in Item 10(b) of Schedule B, provided that the Employee:
(i) pays the
amount set at Item 10(a) of Schedule B, per week;
(ii) produces receipts of payment; and
(iii) produces a
letter from the Department of Education and Training stating that the elected subjects
are not available at the new location.
(b) Where dependant
children change to a school at the new location, Employees are entitled to
reimbursement of the costs of replacing the essential school clothing listed
from time to time in the DPC personnel circulars.
(c) Employees may
be reimbursed the cost of clothing not included on the list, which is required
at the new school, providing that they supply full particulars and the
circumstances surrounding the requirement to purchase.
20.5.9 Transfer of
Household Furniture and Effects
(a) Employees who
are transferred from one headquarters to another and have to change their
permanent residence are entitled to the following allowances to transfer their
household furniture and effects:
(i) where the value
of the household furniture and effects is more than the amount set out at Item
7(a) of Schedule B, Employees receive the allowance set out at Item 7(b) of
Schedule B.
(ii) where the
value of the household furniture and effects is less than the amount set out at
Item 7(a) of Schedule B, Employees receive the allowance set out at Item 7(c)
of Schedule B.
(iii) where
Employees change their residence and do not have household furniture and
effects to warrant the payment of the allowance referred to in (a) above,
Employees receive the amount set out at Item 7(d) of Schedule B.
(b) Employees are
entitled to reimbursement of the cost of packing, removing, unpacking and
transit insurance of their goods, as well as storage of their furniture and
effects up to a maximum of eight weeks.
(c) Prior to
incurring the expense outlined in paragraph (b) above, Employees must submit a
request to the Employer for approval to incur the expense, accompanied by:
(i) an inventory
of the furniture and effects with their approximate value;
(ii) quotations
from carriers for the cost of removal;
(iii) if
applicable, quotations for storage, limited to a maximum of eight weeks from
the date of transfer to their new headquarters.
(d) Quotations must
be obtained, where practicable, from at least two reputable carriers and are to
show the cost of removal from house to house, including packing and unpacking
and the cost of ‘all risk’ insurance.
(e) Employees who
wish to extend the period of storage beyond eight weeks must obtain prior
approval from the Employer.
(f) Employees must
enter into a contract for the removal of furniture and effects because the
Employer will not be responsible for any loss or damage to the furniture or
effects in the course of removal.
(g) Employees are
entitled to reimbursement of the cost of all risk insurance, up to a maximum
value for furniture and items as set out at Item 14 of Schedule B. Where the
insured value exceeds this amount, the matter is to be referred to the Employer
for consideration.
20.5.10 Transfer
of Dependants
(a) If Employees
transfer for the reasons set out in subclause 20.5.1(a)(i) or (ii) and special
circumstances exist, upon application the Employer may choose to reimburse the
entitlements set out below.
(b) If Employees
are transferred for the reason set out in subclause 20.5.1(a) (iv), they are
entitled to the provisions set out below.
(c) When Employees
and their dependants travel to a new location, they are paid:
(i) the actual
and necessary fares incurred by the most economical means of public transport
available; or
(ii) the Official
Business Rate as set out at Item 17 of Schedule B if Employees choose to travel
by private vehicle.
(d) If Employees
travel during working hours they are entitled to travelling allowances as set
out in subclause 20.3. Any time spent in excess of the quickest practicable
public surface route is:
(i) deducted from
annual leave; or
(ii) approved as
leave without pay.
(e) Where it is necessary
for Employees to lodge their family or dependent relatives in temporary
accommodation for the time between leaving their previous headquarters and
arriving at their new headquarters, they are paid three-quarters of the actual
and reasonable additional expenses incurred for a maximum period of one week,
providing they supply receipts.
(f) If Employees
submit a receipt for joint accommodation costs for them and their family or
dependent relatives, the family cost to be used in calculations for (c), is
determined by deducting the single tariff rate and the cost of their meals,
from the total of the actual cost incurred plus the relevant incidentals rate
for capital cities or non-capital cities as set out at subclause 20.3.
20.5.11 Special
Leave for Transferred Employees
(a) Where Employees
are transferred in accordance with subclause 20.5.1, they are entitled to
special leave of:
(i) up to two
days for preparation and supervision of packing of personal and household
effects prior to its removal or to arrange storage;
(ii) up to one day
for the combined purpose of cleaning the premises being vacated and/or
occupying their new premises.
20.5.12 Removal
expenses on Retirement, Redundancy or Death
(a) If Employees
retire, accept a voluntary redundancy or die at a place other than the place of
their original headquarters, then the Employer will reimburse the costs
actually and necessarily incurred in removing personal and household effects,
together with associated transit insurance, to a location of their choice, or
as specified by their next of kin or executor of their estate in the case of
death, provided:
(i) the costs
claimed do not exceed the cost had the effects been moved to the original
headquarters;
(ii) the
relocation is effected within 12 months of the date of retirement, voluntary
redundancy or death and written application is made by the widow or widower;
and
(iii) in the case
of voluntary redundancy only, the Employee has not rejected an offer of
redeployment.
(b) Any separate
claim made by the Employee’s children or dependant relatives will be considered
by the Employer provided that full particulars for the reason for special
consideration are supplied.
20.6 Remote Areas
Allowance
(a) The remote
areas allowance rates set out in Item 11 of Schedule B and discussed in this
clause are the rates payable per annum.
(b) Employees
whose headquarters and residence are in an area upon or west of a line starting
from a point on the bank of the Murray River opposite Swan Hill, which then extends
by straight line passing through the following towns in order, namely, Conargo,
Coleambally, Hay, Rankin’s Springs, Marsden, Condobolin, Peak Hill, Nevertire,
Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford, and Bonshaw are
paid a remote areas allowance at Grade A.
(c) Employees
whose headquarters are in Deniliquin are also paid the Grade A Allowance.
(d) Grade B
Allowances will be paid to Employees whose headquarters and residence are at
Angledool, Barrigun, Bourke, Brewarrina, Clare, Enngonia, Goodooga, Ivanhoe,
Lake Mungo, Lightning Ridge, Louth Mungindi, Pooncarie, Redbank, Walgett,
Wanaaring, Weilmoringle, White Cliffs, Wilcannia and Willandra.
(e) Grade C
Allowances will be paid to Employees whose headquarters and residence are at
Fort Grey, Mootwingee, Mount Wood, Nocoleche, Olive Downs, Tibooburra and
Yethong.
(f) Employees will
be paid the dependant rate, set out at Item 11 of Schedule B, if their
dependants also reside in the defined remote area.
20.7 Fares Subsidy -
Remote Areas
(a) Employees who
are located in an area for which a remote areas allowance is paid are paid a
subsidy towards the cost of fares incurred when taking annual leave away from
that area.
(b) The fares
subsidy is paid once in every 12 month period, calculated from the date the
Employee takes up work in the area.
(c) A fares
subsidy entitlement not taken in one year is forfeited and can not be carried
over to enable an Employee to make two claims in the following year.
(d) Employees who
travel by public transport are paid the lesser of:
(i) actual costs,
less the amount set out at Item 12(a) of Schedule B; or
(ii) up to a
maximum of the amount set out at Item 12(b) of Schedule B for the Employee and
their spouse/dependants; or
(iii) up to a maximum
of the amount set out at Item 12(c) of Schedule B if the Employee does not have
a spouse/dependants.
(e) Where
Employees travel by private vehicle, they are paid:
(i) the Specified
Journey Rate as set out at Item 18 of Schedule B; or
(ii) actual and
reasonable costs in excess of the amount set out at Item 12(a) of Schedule B,
whichever is the lesser, up to the maximum specified in
12(c) of Schedule B.
(f) Travel
subsidies are based on the cost of a return journey from headquarters to Sydney
by the most practical and economic means of public transport available, or
elsewhere not exceeding the cost of a return journey to Sydney.
(g) There is no
entitlement for reimbursement of taxi fares or meals.
(h) Unless
otherwise approved, Employees are only paid the fares subsidy when they proceed
on a period of leave that would entitle them to the payment of annual leave
loading (ie, ten consecutive working days one day of which is annual leave).
20.8 First Aid
Allowance
(a) Where the
Employer designates an Employee who is qualified, as specified in Items 15 and
16 of Schedule B, to be available to provide First Aid duties and
responsibilities, they shall be paid a First Aid Allowance appropriate to the
qualifications held during any period they are so designated.
(b) The First Aid
Allowance is not payable where a first aid qualification is part of an
Employee’s essential job requirement.
20.9 Sydney Harbour
Bridge Allowance
A Works Supervisor who is employed on the maintenance
of the structure of the Sydney Harbour Bridge shall be paid an allowance as set
out at Item 13 of Schedule B.
20.10 Uniform and
Personal Protective Equipment
(a) Salaried
Employees
(i) Salaried
Employees required to wear a uniform shall be responsible for maintaining such
uniforms in a clean and pressed condition and shall be paid an allowance as set
out in Item 25 of Schedule B for care and cleaning of uniform clothing.
(ii) The Employer shall
provide free of charge such protective footwear, as necessary, which is
reasonably expected to adequately protect all Employees in the workplace.
(b) Professional
Engineers
(i) Employees who
are required to wear protective clothing, footwear or equipment to perform work
will be provided with the protective clothing considered necessary.
(ii) Disciplinary
action may be taken against Employees who fail to comply with directions
regarding the use of protective clothing, footwear or equipment.
(c) Maritime
Employees
(i) Employees
issued with a uniform are to wear the full uniform and keep it in good order.
(ii) Employees
employed in front line customer contact positions only may be issued uniforms
from the Employer. This includes all on water roles, customer service positions
and survey Employees.
(iii) Replacement
of uniforms shall be on a fair wear and tear basis.
(iv) The provisions
of (iii) above shall not apply to Employees issued with uniforms in roles other
than those described in (ii) above.
(v) Where an
Employee is issued with protective clothing that clothing must be worn on duty
except when a specific exemption has been allowed by the Employee’s supervisor.
Any Employee who has been issued with protective clothing and/or equipment, who
reports for duty incorrectly attired may be stood down without pay or be
otherwise deployed until such time as they are able to report for duty
correctly attired.
(vi) Replacement of
personal protective clothing will be on the basis of fair wear and tear.
20.11 On Call Allowance
(a) Employees are
paid an on-call allowance when directed to be on-call.
(b) When on-call
Employees are required:
(i) to be
available outside of ordinary working hours,
(ii) to respond to
an emergency/breakdown situation in a reasonable time agreed with management,
and
(iii) to remain in
a fit state, unimpaired by the effects of alcohol or drugs.
(c) Employees who
are on-call are not required to remain at their permanent residence but must be
able to be contacted immediately.
(d) The rate of
the on-call allowance is set out at Item 19(a) of Schedule B.
(e) Employees who
are on-call are not entitled to a disturbance allowance.
(f) The provisions
of this clause do not apply where a Salaried Employee is already in receipt of
payment representing compensation for regularly being on standby or on-call,
which is paid as part of the Employee’s salary or as a separate allowance.
20.12 Disturbance
Allowance
(a) This clause
applies to Salaried Employees and Maritime Employees. Professional Engineers
are covered by clause 53.
(b) Employees may
be contacted outside of normal work hours to assist with or co-ordinate a
response to an emergency and/or breakdown without being required to attend the
emergency and/or breakdown. Employees may be contacted to put into place
emergency arrangements by contacting other Employees to attend an incident or
providing advice in response to an emergency situation.
(c) The
disturbance allowance is:
(i) paid at a minimum
of one hour of the ordinary hours rate
(ii) not paid if
the Employee’s salary exceeds the top step of USS Grade 11 or equivalent.
(d) Where more
than one telephone call is received or made within the hour, only one hourly
payment is paid.
(e) The
disturbance allowance is payable under the arrangements set out in the RMS
On-Call and Disturbance Allowance Procedure.
SECTION 4 - HOURS OF WORK, OVERTIME, SHIFTWORK AND RELATED MATTERS
21. Hours of Work
21.1 Application of
this Clause
(a) The provisions
of this Clause shall not apply to Maritime Employees.
(b) This Clause
applies to Salaried Employees and Professional Engineers, subject to the
specific provisions applying to:
(i) Motor
Registry and Telephone Customer Service Centre Employees (in which case the
provisions of clause 41 shall apply);
(ii) DRIVES Help
Desk Employees (in which case the provisions of clause 42 shall apply);
(iii) Work Support
Employees (in which case the provisions of clause 43 shall apply);
(iv) Traffic
Supervisors (in which case the provisions of clause 44 shall apply).
(c) Should any
Specific Provisions in relation to the hours of work be inconsistent with the
General Provisions outlined in this clause, then the specific provisions shall
prevail to the extent of any inconsistency.
21.2 Ordinary Hours
(a) Unless
prescribed otherwise in this Award, the ordinary hours of work are 35 hours per
week. The Employer may engage Employees under either a standard hours
arrangement or a flexitime arrangement. The Employer may direct Employees to
work a standard hours arrangement in exceptional circumstances. The provisions
of subclause 21.2 do not apply to those Employees engaged in Shift Work.
(b) The ordinary
hours of Salaried Employees who are engaged on field work shall be 38 hours (if
directed). In such case, the Employee shall be paid a loading at the rate of
8.5% of salary; and overtime shall be paid for work in excess of 8 hours on any
one day, or 40 hours in any one week, or hours outside the ordinary spread of
hours normally worked by Employees on field work. The loading shall apply to
all periods of leave and be taken into account in the calculation of annual
leave loading and overtime payments. The loading shall also be taken into
account in the monetary value of long service leave on termination of service
where the Employee is in receipt of the loading on the day preceding
termination.
(c) Standard Hours
Arrangement
(i) The standard
hours arrangement involves seven hours per day, 35 hours per week, worked over a
five day period Monday to Friday inclusive.
(ii) For Salaried
Employees and Professional Engineers, the ordinary spread of hours for standard
hours shall be 8.30am to 4.30pm, with a lunch break to be taken between the
hours of noon and 2.00pm daily, provided:
(A) the Employer
may approve Employees engaged under Salaried Employee Classifications, to vary
the ordinary span of hours so that they can be worked between 7.00am to 5.30pm;
(B) the Employer
may approve Employees engaged under the Professional Engineers Classifications
to vary the ordinary span of hours so that they can be worked between 7.30am to
6.00pm;
(C) Professional
Engineers under the standard hours arrangement must not work more than five
hours without a one-hour meal break, taken between noon and 2.00pm unless local
arrangements are made in advance, based on the Employee’s personal needs or
operational needs. In this case, Employees and management may agree to reduce
the meal break to a minimum of 30 minutes.
(iii) For Employees
covered by the classifications of Inspector Vehicle Regulations, the ordinary
spread of hours for standard hours shall be 6am to 6pm with a lunch break of
not less than 30 minutes in the Employee’s time; or when rostered at an RMS
Safety Station; or where required by the Employer, a 20 minute crib break.
(d) Flexitime
arrangement for Salaried Employees and Professional Engineers approved to work
under such arrangement
(i) When working
a flexitime arrangement the provisions of RMS’ Flexible Working Hours Policy
shall apply.
(ii) Bandwidth is
7.30am to 6.00pm Monday to Friday, unless otherwise approved.
(iii) Employees are
required to work during the core time between 9.30am to 3.30pm.
(iv) Lunch break of
at least 30 minutes between 11.45am and 2.15pm.
(v) Contract hours
in each four week settlement period will be 140 hours.
(vi) Employees may
take one full day of flex leave or two half days during each settlement period.
A full flex leave day for a Full-Time Employee is 7 hours. For Part-Time
Employees a full day flex leave is the number of ordinary hours the Employee is
contracted to work.
(vii) The
minimum flex leave period that can be taken is one hour.
(viii) Employees may
take flex leave even though it may result in a debit balance.
(ix) The maximum
number of flex days that may be taken or banked each calendar year is 13 days.
(x) Employees can
bank up to four untaken flex days at any one time. Subjected to approval, the
Employee can take up to four banked days plus the current settlement period’s
flex day, to take a maximum of five consecutive working days off at an
appropriate time.
(xi) A maximum
credit of ten hours, in addition to flex days already banked is allowed for
each four week settlement period. Time in excess of ten hours (excluding flex
days already banked) at the conclusion of the settlement period will be
forfeited.
(xii) Employees
who work fewer than their hours of work during the settlement period can carry
over a maximum of 10 hours debit to the next settlement period. Employees who
are in debit more than 10 hours at the end of the settlement period must apply
for leave for the time in excess of ten hours.
(xiii) Where an
Employee has accrued 40 days annual leave, unless otherwise authorised by the
Employee’s manager, flex leave shall only be taken where annual leave has been
applied for and approved. If however annual leave has been applied for and
declined, the Employee shall be entitled to access flex leave in accordance
with the normal approval process.
(xiv) Employees may
take a half day flex leave in combination with other types of approved leave,
provided that the total approved leave for a day equals the standard daily
hours applicable to the Employee’s classification.
(xv) Employees may
take flex leave in combination with other types of approved leave.
(xvi) Professional
Engineers who work on projects shall be entitled to bank flex days over the
maximum in 21.2(d)(x), during the project to be taken at the conclusion of the
project or at set times during the project, in order to manage sustained high
workloads. Such leave arrangements shall
be approved by the relevant branch manager. Where it is agreed between the
Professional Engineer and the Employer, the Professional Engineer may work a
standard hours arrangement.
(e) Banktime
arrangement for Employees covered by Inspector Vehicle Regulations
Classifications
(i) Employees
shall work an additional 22 minutes per day on 19 days in each four week work
cycle to allow for the accumulated time to be taken off during the next four
week cycle.
(ii) Subject to
subclause 21.2(e)(i), one accrued day off may be taken in each four week work
cycle.
(iii) The Accrued
Day Off will be observed between Monday to Friday (inclusive), normally on the
day shift, to suit the needs of the Employer. The day off will coincide with
the Employee’s preference where possible.
(iv) Where an
Employee works on the Accrued Day Off, the Employee may elect, where
practicable, to have another day off in substitution thereof before the end of the
succeeding work cycle. Provided that in such case the accrued entitlements are
transferred to the substituted day off.
(v) Employees
absent from duty on any type of approved leave (sick, annual, leave without pay
etc) other than a public holiday will be credited with seven hours in respect
of each day absent from duty.
(vi) In order to
qualify for the ‘banktime’ entitlement of one day for the work cycle, Employees
may, subject to approval make up any time by taking annual leave or leave
without pay (1/4 day minimum).
(f) The ordinary
hours of Shift Workers shall be as set out in clause 22.
22. Shiftwork
22.1 Application of
this Clause
(a) The provisions
of this Clause shall not apply to Maritime Employees.
(b) This Clause
applies to Salaried Employees and Professional Engineers, subject to the
specific provisions applying to:
(i) Motor
Registry and Telephone Customer Service Centre Employees (in which case the
provisions of clause 41 shall apply);
(ii) DRIVES Help
Desk Employees (in which case the provisions of clause 42 shall apply);
(iii) Work Support
Employees (in which case the provisions of clause 43 shall apply);
(iv) Traffic
Supervisors (in which case the provisions of clause 44 shall apply).
(c) Should any
specific provisions in relation to the hours of work be inconsistent with the
general provisions outlined in this clause, then the specific provisions shall
prevail to the extent of any inconsistency.
22.2 Shift Work Hours
(a) For Salaried Employees
rostered on shift work (including field work), unless specific provisions
apply:
(i) the ordinary
hours for day shift shall not exceed those worked daily or weekly by other
Employees working normal hours Monday to Friday inclusive. The only break will
be for lunch. The lunch break shall be taken in the Employee’s time and shall
not be regarded as working time;
(ii) the ordinary
working hours for afternoon and night shifts shall not exceed those worked
daily or weekly by other Head Office Employees working normal hours Monday to
Friday. Meal breaks shall be of thirty minutes duration and shall be taken as
part of the ordinary working hours, to be paid for at the appropriate shift
rate;
(iii) no Employee
shall be required to work more than five consecutive hours without a meal
break.
(b) For Salaried
Employees rostered on Field Work who work Shifts, and unless specific
provisions apply:
(i) an Employee
shall be given at least 48 hours notice of a requirement to work shift work;
(ii) notice of any
alteration to shift hours shall be given to the Employee not later than ceasing
time of the previous shift.
No Employee who is employed during ordinary working
hours shall be employed on afternoon or night shifts except at overtime rates.
(c) For Salaried
Employees rostered on Field Work who work Shifts and whose ordinary hours are
thirty eight per week, and unless specific provisions apply:
(i) Employees
shall accrue 0.4 of one hour for each shift worked to allow one shift to be
taken off as a paid shift for every twenty shift cycle. The twentieth shift
shall be paid for at the shift rate(s);
(ii) each shift of
paid leave taken and any public holidays occurring during any cycle of four
weeks shall be regarded as a shift worked for accrual purposes;
(iii) an Employee
who has not worked, or is not regarded by reason of subparagraph 22.2(b)(ii) as
having worked a complete four week cycle, shall receive pro rata accrued
entitlements for each shift worked (or fraction of a shift worked) or regarded
as having been worked in such cycle, payable for the rostered day off, or in
the case of termination of employment, on termination;
(iv) Employees
working under 22.2(a), shall agree upon arrangements with the Employer for
rostered paid days off during the twenty shift cycle or for accumulation of
accrued days, provided that such accumulation shall be limited to no more than
five such accrued days before they are taken as paid days off, and when taken
the days shall be regarded as days worked for accrual purposes in the
particular twenty shift cycle;
(v) once such
shifts have been rostered they shall be taken as paid shifts off provided that
in emergencies, when the Employer requires an Employee to work on the rostered
shift off and the Employee does so, the Employee shall take one paid shift off
before the end of the succeeding work cycle, and the Employee shall be paid for
the shift worked at the rates prescribed for Saturday work in Clause 23.5(a).
22.3 Ordinary Hours on
a Saturday or Sunday for Salaried Employees and Professional Engineers
(a) Unless
prescribed in this Award, any ordinary hours worked on a Saturday shall be paid
at the rate of time and a half for the first two hours and double time
thereafter.
(b) Unless
prescribed in this Award, any ordinary hours worked on a Sunday shall be paid
at the rate of double time.
22.4 Shift Work
Rosters
(a) For Salaried
Employees rostered on shift work (including those on Field Work), unless
specific provisions apply:
(i) Employees
shall be rostered to work shifts on a rotating basis as required by the
Employer provided that not more than five consecutive shifts shall be worked in
seven consecutive days;
(ii) wherever
reasonably practicable, notice shall be given at least seven days in advance of
shifts to be worked. Rotating shifts shall rotate weekly commencing Monday.
Where three shifts per day are being worked, the order of rotation shall be
from day shift to night shift, from night shift to afternoon shift and from afternoon
shift to day shift;
(iii) an Employee
on rotating shifts shall not be rostered to work more than two weeks on
afternoon shift and/or night shift in any period of three working weeks other
than by agreement between the Employer and the Employee. The Employee shall be
paid at the rate of time and a half of the ordinary time worked on afternoon
and/or night shift in excess of two consecutive weeks until the shifts are
rotated.
22.5(a) For
Professional Engineers rostered for Shift Work:
(i) the Employer
may roster Employees to work shifts on a rotating basis;
(ii) the ordinary
rostered working hours for shift work is not to exceed the hours worked daily
or weekly by non shift workers in the same classification who work Monday to
Friday;
(iii) where
practicable, Employees will be given seven days notice of the shifts to be
worked;
(iv) a meal break
must be a minimum of 30 minutes duration.
(A) Except in an
emergency, Employees must not work more than five hours without a meal break.
(B) A meal break
during a day shift is unpaid and does not count as time worked.
(C) A meal break
during an early morning, afternoon or night shift is taken as part of the
ordinary working hours and is to be paid at the appropriate shift rate.
(D) Employees who
are given less than 24 hours notice of a change to a roster or are required to
work a shift on a rostered day off will be paid a meal allowance as specified
in Item 2 of Schedule B.
(b) For
Professional Engineers rostered on rotating shift work:
(i) Employees
must not be rostered to work more than five consecutive shifts in seven
consecutive days;
(ii) the roster is
to rotate weekly and runs from either Monday to Friday or Sunday to Thursday;
(iii) where three
shifts per day are being worked, the order of rotation of shift is day shift to
night shift, from night shift to afternoon shift, and from afternoon shift to
day shift.
(iv) Employees must
not be required to work more than two consecutive working weeks on afternoon
and/or night shift in any period of three working weeks, unless the Employee
requests this arrangement and the Employer agrees.
(c) For
Professional Engineers engaged on temporary night shift work:
(i) temporary
shift work is worked between Sunday to Thursday inclusive or Monday to Friday
inclusive;
(ii) arrangements
for temporary shift work must be by agreement with local management provided
that the choice of shift patterns does not prevent the Employer from applying
shift work provisions to other Employees;
(iii) for the
purpose of this subclause, ‘temporary shift work’ means shift work for up to 2
weeks;
(iv) The following
loadings for ordinary shift hours apply, whether worked as a single shift or as
a combination of shifts:
Shift
|
Loading
|
Early morning
|
12.5%
|
Afternoon
|
25.0%
|
Night
|
50.0%
|
(v) if a normal
shift is worked between Monday and Friday, the Friday shift starts before and
finishes after midnight Friday. If a normal shift is worked between Sunday and Thursday,
the Sunday shift starts before midnight Sunday;
(vi) Employees who
work according to a temporary shift work arrangement on a Saturday, Sunday or
public holiday must be paid overtime rates provided Friday shifts referred to
in (v) above are paid at ordinary rates and Sunday shifts referred to in (v)
above are paid at ordinary shift rates after midnight Sunday.
(vii) Employees who
work in excess of the agreed ordinary shift work hours on Sunday to Thursday or
Monday to Friday (excluding public holidays) shall be paid double-time.
(viii) Employees who
are required to work temporary shift work must be given at least 48 hours
notice. If shift hours are changed, Employees must be notified by the finishing
time of their previous shift;
(ix) Employees must
not work more than one ordinary shift on any one day (eg a day shift and a
night shift). If Employees are required to work a second shift on a given day,
the second shift is paid as overtime;
(x) Employees who
work according to a temporary shift arrangement of less than five consecutive
working days (and this is not due to their actions), shall be paid overtime
rates. Any public holidays, ADOs or leave is counted as single days worked and
forms part of the calculation towards the completion of five consecutive days;
(xi) Unless provided
for in this clause, no Employee who is employed during ordinary working hours
shall be employed on afternoon or night shifts except at overtime rates.
(d) For Inspectors,
Vehicle Regulation on shift rosters, where notice is given of a change in shift
with less than seven days notice any shift so worked shall be paid at the rate
of the previously rostered shift if it is greater.
22.6 Payment for
Shift Work
(a) Payment for
day shift shall be at ordinary rates of pay.
(b) For
Professional Engineers, payment for an early morning shift shall be at the
ordinary rate of pay plus 12 ½%.
(c) Payment for
afternoon shift shall be at the ordinary rate of pay plus 12 ½ %.
(d) Payment for
night shift shall be at the ordinary rate of pay plus 15%.
(e) For Salaried
Employees engaged in Field Work working Shift Work:
(A) payment for day
shift shall be at ordinary rates of pay;
(B) Employees shall
be paid at the rate of time and one quarter when working on the second
(afternoon) shift on either a two or three shift system;
(C) if three shifts
are worked, the third night shift shall be paid for at the rate of time and one
quarter;
(D) where Employees
are required to work on a shift not worked on a two or three shift system,
which commences at or after 4.00pm and which finishes at or before 7.00am, such
shift shall be of no longer duration than eight hours and shall be paid for at
the rate of time and one half;
(E) where the
arrangement for working shifts provides for shifts on less than five continuous
working days then overtime rates shall be applicable; provided also that in
cases where less than a full week is worked due to the action of the Employee
then in such cases the rate payable for the actual time worked shall be
ordinary shift rates.
(f) Professional
Engineers engaged in shift work who are required to work more than two
consecutive working weeks on afternoon and/or night shift in any period of
three working weeks, other than for the reasons outlined in subclause 22.4(b)
(shift work rosters), are to be paid time and one half for all ordinary time
worked on the afternoon and/or night shift in excess of two consecutive weeks,
until the shifts are rotated.
23. Overtime
23.1 Application of
this Clause
(a) With the
exception of subclause 23.3, the provisions of this Clause shall not apply to
Maritime Employees.
(b) This Clause
applies to Salaried Employees and Professional Engineers, subject to the
specific provisions applying to:
(i) Motor
Registry and Telephone Customer Service Centre Employees (in which case the
provisions of clause 41 shall apply);
(ii) DRIVES Help
Desk Employees (in which case the provisions of clause 42 shall apply);
(iii) Work Support Employees
(in which case the provisions clause 43 shall apply);
(iv) Traffic
Supervisors (in which case the provisions of clause 44 shall apply).
(b) Should any
Specific Provisions in relation to the hours of work be inconsistent with the
General Provisions outlined in this clause, then the Specific Provisions shall
prevail to the extent of any inconsistency.
(c) Where overtime
occurs on a regular basis, the overtime will be allocated equitably, and
rotated amongst available staff.
23.2 Payment for Overtime
(a) Unless
prescribed in the Specific Provisions, or any other subclause contained in this
Award (including 23.5(b), time off in lieu) applies, any hours worked in
addition to or outside the ordinary hours of work shall be paid overtime at the
rate of time and a half for the first two hours and double time thereafter
subject to the provisions contained in 23.2. For this purpose, each period of
overtime shall stand alone.
(b) For Salaried
Employees (including Inspector Vehicle Regulations), other than Shift Workers:
(i) who are
called out for emergency duty other than on a Saturday, Sunday or public
holiday shall be paid a minimum payment of three hours work at overtime rates;
(ii) overtime rates
shall not be paid for periods of less than one quarter of an hour.
(c) For Salaried
Employees who are Shift Workers:
(i) an Employee
required to work a shift on a day in which they have been rostered off shall be
paid at overtime rates;
(ii) an Employee
rostered off on a public holiday shall be credited with a day’s annual leave
for each such day, provided that a six or seven day shift roster is in
operation.
(d) For Salaried
Employees and Professional Engineers working under flexible working hours,
payment of overtime will be made only for approved work performed outside the
bandwidth.
(e) Works
Supervisors and Surveillance Officers who work their normal accrued day off
shall be entitled to claim overtime at Saturday rates for the hours worked. Additionally,
they shall be entitled to an alternative day off in the next four week cycle.
Provided that agreement is reached between Employees concerned and local
management, up to four ADOs may be accumulated.
(f) For Salaried
Employees (including Inspector Vehicle Regulations and Employees on Field
Work), the following Employees shall not, without the special approval of the
Employer, be paid for any overtime worked by them:
(i) Employees who
are paid a special allowance in lieu of overtime;
(ii) Administration
and Clerical Employees whose salary, and allowance in the nature of salary,
exceed that of the top step of USS Grade 9;
(iii) Employees
engaged on field work who are directed to work 38 hours per week shall be paid
a loading at the rate of 8.5% of salary; provided that overtime shall be paid
for time so worked in excess of 8 hours on any one day or 40 hours in any one
week or outside the spread of hours worked by Employees on field work.
(g) For
Professional Engineers, there is no entitlement to be paid overtime if:
(i) the Employee
is paid an allowance in lieu of overtime;
(ii) prior
approval has not been given by the Employer to approve overtime; or
(iii) the period of
overtime worked is less than 15 minutes.
Employees at Professional Engineer Level 3 and above
must have approval to work overtime from the relevant manager. Any overtime
approved will normally be calculated at the top step of Professional Engineer,
Level 2 unless the relevant manager authorises payment calculated on the Employee’s
substantive rate.
(h) All overtime
required to be worked shall be approved in advance by the relevant
supervisor/manager. Overtime payments are calculated exclusive of any shift
loadings and are based on the Employee’s ordinary rate of pay.
23.3 Reasonable
Overtime
(a) The Employer
may require an Employee to work reasonable overtime at overtime rates. An
Employee may refuse to work overtime in circumstances where the working of
overtime would result in the Employee working hours which are unreasonable. For
the purposes of this paragraph what is unreasonable or otherwise will be
determined having regard to:
(i) any risk to
the Employee’s health and safety;
(ii) the
Employee’s personal circumstances including any family and carer
responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the Employer regarding the working of overtime, and by the
Employee of their intention to refuse the working of overtime; or
(v) any other
relevant matter.
23.4 Overtime Meal
Break and Allowance
(a) Unless
prescribed otherwise in 23.4 or any other Specific Provisions, Employees who
work more than one and a half hours overtime after their ordinary hours are
entitled to a unpaid meal break and a meal allowance as set out in Item 2 of
Schedule B.
(b) Salaried
Employees who work overtime that extends beyond 2.00pm on Saturday/Sunday or a
public holiday shall be provided with an unpaid meal break of at least 30
minutes and a meal allowance as set out in Item 2 of Schedule B.
(c) For Salaried
Employees, unless the Employee has been notified at least 24 hours in advance
of the requirement to work on a day or shift on which they had been rostered
off, they shall be paid a meal allowance as prescribed in Item 2 of Schedule B.
(d) Salaried
Employees and Professional Engineers engaged in shift work, who work more than
one and a half hours overtime after an afternoon or night shift will be paid a
meal break of 30 minutes, counted as time worked and calculated at the overtime
rate of pay. In such case, Employees are also entitled to a meal allowance as
set out in Item 2 of Schedule B.
(e) Professional
Engineers who work more than 2 hours overtime after their ordinary hours
finishing time are entitled to a meal break and a meal allowance as set out at
Item 2 of Schedule B.
(e) Professional
Engineers who resume work after their overtime meal break who then work a
further five hours overtime, are entitled to an additional meal break and a
meal allowance.
(f) Employees who work
overtime and are provided with a meal are not entitled to payment of a meal
allowance.
(g) Employees are
provided a meal allowance on the condition that:
(i) money was
spent in obtaining the meal,
(ii) at least a 30
minute meal break was taken either before or during working the overtime,
(iii) work was
resumed after the meal break, unless there is an acceptable reason for taking
the meal at the end of the overtime period,
(iv) the time taken
for the meal break is not regarded as time worked.
(h) During paid
meal breaks Employees must remain available to carry out duties if required.
23.5 Working overtime
on a Saturday, Sunday or Public Holiday
(a) For Salaried
Employees (including Inspector Vehicle Regulations) and Professional Engineers,
and unless Specific Provisions or any other subclause in this Award applies:
(i) subject to
23.5(a)(ii) and (iii), any overtime hours worked on a Saturday shall be paid at
the rate of time and a half for the first two hours and double time thereafter;
(ii) for Salaried
Employees on Field work who work shift work hours, an ordinary night shift that
commences before and extends beyond midnight Friday shall be regarded as a
Friday shift;
(iii) for
Professional Engineers on temporary night shift, Friday shifts which start
before and finish after midnight on Friday shall be paid at ordinary shift
rates, and Sunday shifts which start before midnight Sunday are paid at
ordinary rates after midnight on Sunday;
(iv) any overtime
hours worked on a Sunday shall be paid at the rate of double time;
(v) any overtime
hours worked on a public holiday shall be paid at the rate of double time and a
half;
(vi) Employees who
work overtime on a Saturday, Sunday, or public holiday shall be paid a minimum payment
of three hours work at the appropriate overtime rate where the overtime is not
at the end or beginning of the ordinary hours worked on a Saturday, Sunday or
public holiday.
(b) Salaried
Employees and Professional Engineers who work overtime on a Saturday, Sunday or
Public Holiday may, within two working days following so working, elect to take
leave in lieu of payment for all or part of the Employee’s entitlement in
respect of the hours so worked (ie time for time), provided that:
(i) leave in lieu
of payment shall be taken at the convenience of the Employer;
(ii) such leave in
lieu shall be taken in multiples of a quarter-day only (or minimum period of
one hour for Professional Engineers);
(iii) the maximum
period of leave in lieu that may be allowed in respect of any one period of
overtime worked shall be one day;
(iv) leave in lieu
shall be taken within one month of the date of election, except in the case of
leave in lieu in respect of work performed on a public holiday, in which case
an Employee may elect to have such leave in lieu added to annual leave credits;
(v) an Employee
shall be entitled to payment for the balance of any entitlements not taken as
leave in lieu.
23.6 Minimum Rest
Period
(a) For Salaried
Employees (including Inspector Vehicle Regulations), and unless specific
provisions apply, Employees shall not be required to be on duty for more than
16 consecutive hours. After being on duty for 16 consecutive hours an Employee
shall take a rest break of at least four consecutive hours and where the
Employee is directed to resume without having a rest break of eight consecutive
hours payment shall be at the rate of double ordinary time until the Employee
is released from duty for eight consecutive hours. Any rostered working time occurring
during such absence shall be paid for at the appropriate shift work rates.
(b) Professional
Engineers who work overtime are entitled to:
(i) a minimum
rest period of at least eight consecutive hours off work between ordinary hours
shifts;
(ii) not being
required to be on duty for more than 16 consecutive hours;
(iii) a minimum
rest break of at least four consecutive hours after working for more than 16
consecutive hours;
(iv) payment at the rate
of double time or double time and a half on a public holiday until released
from work, if the Employee is recalled to work without having had at least
eight consecutive hours off work;
(v) a further rest
period of at least eight consecutive hours if the Employee is recalled to work
without initially having had at least eight consecutive hours off work;
(vi) if an
Employee’s usual ordinary hours occur during the minimum rest period of eight
hours in (i)-(v) above, the Employee will be paid at their normal salary for
the time they are absent.
24. Flexible
Working Practices
24.1 RMS recognises
the importance of ensuring Employees maintain a work/life balance. Workplace
flexibility underpins staff performance and productivity and is a key
contributor to the achievement of RMS’ corporate objectives. It also
contributes to the attraction and retention of people with valuable skills, and
assists the participation of diverse groups in the workforce.
24.2 RMS supports a
number of workplace flexibility initiatives and will not unreasonably refuse an
Employee’s request for flexible working options as long as the arrangements can
be structured to maintain business efficiency and productivity.
24.3 In addition to
leave and flex-time/time in lieu initiatives, examples of workplace flexibility
initiatives that can be considered include:
(a) Teleworking
(including working from home or a specified RMS Telecentre)
(b) Changing from
full-time to part-time employment on a temporary or permanent basis
(c) Job-sharing
(d) Phased
retirement arrangements
(e) Other
negotiated flexible working requests
24.4 Consideration
and approval of flexible working initiatives is in accordance with the RMS
Workplace Flexibility Policy and associated documents.
SECTION 5 - LEAVE AND PUBLIC
HOLIDAYS
25. Annual Leave
25.1 Subject to this
clause, annual leave is in accordance with the Annual Holidays Act, as in force
from time to time.
25.2 Where
operational requirements permit, the wishes of the Employee will be taken into account
on the time annual leave is taken.
25.3 Employees accrue
annual leave at the rate of one and two-thirds days per month from the date of
appointment. Employees entitled to an extra week’s annual leave, accrue the
additional annual leave at the appropriate rate.
25.4 An Employee is
entitled to be paid in advance for periods of approved annual leave.
25.5 Additional
Conditions applicable to Salaried Employees
(a) The following
Salaried Employees are entitled to accrue five additional days of annual leave
per annum accruing monthly if:
(i) they are in
receipt of a Remote Area Allowance prescribed in subclause 20.6;
(ii) they are
stationed at Parkes, Forbes, Griffith, Leeton, Dubbo, Wagga Wagga, Narrandera,
West Wyalong, Finley, Deniliquin, Gunnedah or Narrabri; or
(iii) they are
employed on a six or seven-day week three shift roster.
(b) Salaried
Employees entitled to accrue five days additional annual leave per annum in
accordance with subclause 25.5(a) can cash out the monetary value of the additional
five days leave once in any twelve month period.
(c) Annual leave
will not accrue during any period that a Salaried Employee is absent without
pay if the period of absence exceeds 28 consecutive days.
(d) Salaried
Employees must take at least two consecutive weeks of annual leave every 12
months, unless otherwise approved in special circumstances.
(e) The Employer
may notify Salaried Employees when accrued annual leave reaches six weeks.
Salaried Employees may be directed to take at least two weeks annual leave
within three months of the notification at a time convenient to the Employer.
(f) The Employer
may notify Salaried Employees when accrued annual leave reaches eight weeks. Salaried
Employees will be directed to take at least two weeks annual leave within six
weeks of the notification at a time convenient to the Employer.
25.6 Additional
Conditions applicable to Professional Engineers
(a) Professional
Engineers are entitled to accrue five additional days of annual leave per annum
accruing monthly if:
(i) they are in receipt of a Remote Area Allowance in
accordance with subclause 20.6; or
(ii) their
headquarters is at Parkes, Forbes, Griffith, Leeton, Dubbo, Wagga Wagga, Narrandera,
West Wyalong, Finley, Deniliquin, Gunnedah or Narrabri; or
(iii) they are
employed as a six or seven-day continuous shift worker.
(b) Professional
Engineers entitled to accrue five days additional annual leave per annum in
accordance with subclause 25.6(a) can cash out the monetary value of the
additional five days leave once in any twelve month period.
(c) Professional
Engineers do not accrue annual leave during periods of leave without pay which
exceed more than 20 consecutive working days.
25.7 Conditions
applicable to Maritime Employees
(a) The following
Maritime Employees are entitled to accrue five additional days of annual leave
per annum accruing monthly:
(i) Boating
Safety Officers working weekends and public holidays;
(ii) Maritime
Environmental Services Team Leaders and Maritime Environmental Service
Officers; and
(iii) Maritime
Employees stationed indefinitely in a remote area of the State being the
Western and Central Division of the State described as such in the Second Schedule
to the Crown Lands Consolidation Act 1913.
(b) Maritime
Employees are subject to the specific provisions regarding the taking of annual
leave contained in section 8 of Part B.
(c) The maximum annual
leave balance of a Maritime Employee will be no more than 30 days (or pro rata
equivalent for part-timers) by the end of the NSW school holidays in July each
year. Where an Employee does not voluntarily schedule leave to meet the
required target the Maritime Employee will be directed to take leave.
(d) An Employee
may elect, with the consent of the Employer, to take annual leave not exceeding
ten days in single-day periods, or part thereof, in any calendar year at a time
or time agreed by the parties in order to meet their personal carer’s
responsibilities.
(e) A Maritime
Employee may elect, with the Employer’s Agreement, to take annual leave at any
time within a period of 24 months from the date at which it falls due in order
to meet their personal carer’s responsibilities.
25.8 Payment of Leave
Upon Cessation of Employment
(a) When Employees
cease employment with the Employer, they will be paid the value of their annual
leave as a lump sum.
(b) The monetary
value of their leave is calculated based on the number of working days
accumulated and includes any public holiday that would have occurred if that
time had been worked.
(c) Salaried
Employees and Professional Engineers may elect, prior to their last day of
employment, to take either the whole or part of their annual leave due on their
last day as annual leave, instead of receiving a lump sum payment in lieu of
the leave.
(d) If (c) applies
then:
(i) annual leave
continues to accrue during the period taken as annual leave and this accrual is
paid on the final date of service,
(ii) the ordinary
rate of pay will be increased by any increment which the Employee becomes
eligible for during the period of annual leave, and
(iii) the final
date of service is recognised as the final day of the annual leave taken.
25.9 Sick Leave While
on Annual Leave
(a) Employees who
are sick during annual leave and wish to claim sick leave must provide a
satisfactory medical certificate for that period.
(b) If approved,
the annual leave accrual is re-credited with that equivalent period of sick
leave.
(c) Employees are
not entitled to claim sick leave when on annual leave if the annual leave has
been taken in conjunction with a resignation or the termination of services,
unless the Employee is retiring.
25.10 Annual Leave
Loading for Salaried Employees
(a) Salaried
Employees will receive, in addition to payment for annual leave, a leave
loading of 17.5% of the monetary value of up to 4 weeks annual leave accrued in
a Leave Year calculated up to a maximum salary of USS Grade 11.
(b) The annual
leave loading shall be paid to Salaried Employees subject to the following
conditions:
(i) The full
entitlement to the loading on annual leave that a Salaried Employee has accrued
over the previous Leave Year will be paid on the first occasion after 1
December in any year a Salaried Employee takes sufficient leave to permit them
to be absent from duty for at least two consecutive weeks, of which at least
one week is annual leave. The loading will apply only to leave accrued in the
year ending on the preceding 30 November, up to a maximum of four weeks.
(ii) In the event
of no such absence occurring by 30 November of the following year, a Salaried
Employee will be paid the monetary value of the annual leave loading payable on
leave accrued as at 30 November of the previous Leave Year in a pay following
30 November.
(iii) Shift Workers
- Unless determined otherwise, shift workers proceeding on annual leave are to
be paid in respect of leave taken in any period of 12 months commencing 1
December, shift premiums and penalty rates (or other allowance paid on a
regular basis in lieu thereof) they would have received had they been on duty
or the 17.5 percent annual leave loading as herein prescribed, whichever is the
more favourable. Payment of shift
premiums and penalty rates shall not be made for public holidays which fall on
a seven-day shift worker's rostered day off. In the case of seven-day
continuous shift workers, the 17.5per cent annual leave loading is to be
calculated on the basis of 17.5 per cent of five weeks ordinary salary.
(iv) On cessation of
employment, other than termination of the Salaried Employee for misconduct, a
Salaried Employee who has not taken annual leave qualifying them for payment of
the annual leave loading since the preceding 1 December shall be paid the
loading, which would have been payable had such leave been taken.
26. Sick Leave
26.1 An Employee is
entitled to take paid accrued sick leave in accordance with this clause, for
periods where the Employee is unable to perform their duties because of an
illness or injury. Paid sick leave will not be granted during periods of Leave
Without Pay.
26.2 Entitlement and
Accrual for Employees
(a) Sick leave on
full pay accrues day by day to Salaried Employees at the rate of 15 days for
each year of service and is cumulative.
(b) At the
commencement of employment with the Employer Employees will be granted an
accrual of 5 days sick leave.
(c) After the
first four months of employment Employees shall accrue sick leave at the rate
of 10 working days per year for the balance of the first year of service.
(d) After the
first year of service Employees shall accrue sick leave fortnightly at the rate
of 15 working days per year of service.
(e) Additional Special
Sick leave may be granted in the following circumstances:
(i) the person
has 10 or more years of continuous service;
(ii) the person
has been or will be absent for more than three months; and
(iii) the person
has exhausted or will exhaust available paid sick leave.
The additional period of sick leave may be granted on
the basis of one month for each completed 10 years of service plus 10 calendar
days, less all Additional Special Sick Leave taken during service.
(f) Extended
Special Sick Leave may be granted at the discretion of the Chief Executive in
the following circumstances:
(i) Where an
Employee has exhausted the grant of all forms of sick leave that are available
to the Employee, application may be made to the Chief Executive for Extended
Special Sick Leave.
(ii) Extended
Special Sick Leave is designed for long term illness or injury and may only be
sought after other forms of sick leave have been exhausted.
(iii) RMS will
require medical evidence to support such applications.
(g) Employees who
are ex-services personnel and have an a war caused disability (being an illness
or injury resulting from armed service in a recognised war zone) accepted by
the Department of Veterans’ Affairs will be granted additional annual leave
entitlement of 15 days per calendar year non-cumulative.
26.3 Entitlement and
Accrual for Professional Engineers
(a) At the
commencement of employment with the Employer, a full time Professional Engineer
is granted an accrual of 5 days sick leave.
(b) After the first
four months of employment, the Professional Engineer shall accrue sick leave at
the rate of 10 working days per year for the balance of the first year of
service.
(c) After the
first year of service, the Professional Engineer shall accrue sick leave fortnightly
at the rate of 15 working days per year of service.
(d) Sick leave is
cumulative.
(e) An additional
period of sick leave may be granted in the following circumstances:
(i) the person
has 10 or more years of continuous service;
(ii) the person
has been or will be absent for more than three months; and
(iii) the person
has exhausted or will exhaust available paid sick leave.
The additional period of sick leave may be granted on
the basis of one month for each completed 10 years of service plus 10 calendar
days, less all Additional Special Sick Leave taken during service.
(f) Employees who
are ex-services personnel and have an a war caused disability (being an illness
or injury resulting from armed service in a recognised war zone) accepted by
the Department of Veterans’ Affairs will be granted additional annual leave
entitlement of 15 days per calendar year non-cumulative.
(g) Sick leave
without pay shall count as service for the accrual of annual leave and paid
sick leave. In all other respects sick
leave without pay shall be treated in the same manner as leave without pay.
26.4 Notification and
Evidence requirements
(a) An Employee
must inform their manager as soon as reasonably practicable that they are
unable to perform duty because of illness. This must be done as close to the
Employee’s starting time as possible.
(b) The granting
of paid or unpaid sick leave is subject to the Employee:
(i) providing
notice of the absence as per subclause 26.4(a); and
(ii) appropriate
evidence requirements in subclause 26.4(c)-(f).
(c) For
Salaried Employees and Professional
Engineers, an Employee absent on account of sickness for more than two
consecutive days, or a total of five days in any one year, or when otherwise requested
by the Employer, must provide medical certificates or other evidence showing
the nature of the illness and its probable duration.
(d) In the case of
extended absence, an Employee may be required to furnish fresh medical
certificates each week or submit to an examination by a medical practitioner
nominated by the Employer.
(e) Maritime
Employees absent on account of sickness must provide a valid medical
certificate for any period exceeding 5 days in any one year or when otherwise
requested by the Employer.
(f) Backdated
medical certificates will not be accepted. If an Employee provides evidence of
illness that only covers the latter part of the absence, they can be granted
sick leave for the whole period if the Employer is satisfied that the reason
for the absence is genuine.
(g) If the
Employer is concerned about the diagnosis described in the evidence of illness
produced by the Employee, after discussion with the Employee, the Employee’s
application for leave and the evidence provided can be referred to an approved
medical practitioner for advice. The type of leave granted to the Employee will
be based on such advice. If sick leave is not granted, the Employer will
consider the wishes of the Employee when determining the type of leave to be granted.
(h) Employees on
an Absence Management Program may not be offered or directed to work overtime.
27. Carer’s Leave
27.1 Carer’s Leave
may be available to assist Employees in relation to categories of persons who
need the Employee’s care and support to provide such care when a specified
person is ill.
27.2 Entitlement for
Salaried Employees and Professional Engineers
In this subclause ‘Employee’ means Salaried Employees
and Professional Engineers.
(a) Employees will
be able to elect to use available paid sick leave that has been accumulated
over the previous three years, subject to the conditions specified in this
subclause, to provide short term care and support when a person identified in
paragraph (d) of this clause is ill and requires the Employee’s care and
support.
(b) In special
circumstances, Employees may be granted additional sick leave from their sick
leave entitlement accumulated during their employment.
(c) Employees will
be entitled to Carer's Leave when:
(i) their
entitlements to FACSL is exhausted; and
(ii) they are
responsible for the care and support of a category of person set in paragraph
(d) of this subclause.
(d) Employees will
be entitled to Carer's Leave for the care and support of an ill:
(i) Family
Member;
(ii) relative who
is a member of the same household where, for the purposes of this definition:
(A) 'relative'
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
(B) 'affinity'
means a relationship that one spouse or partner has to the relatives of
another; and
(C) 'household'
means a family group living in the same domestic dwelling.
(e) The Employee
shall, if required:
(i) establish
either by production of a medical certificate or other acceptable
documentation, the illness of the person concerned and that the illness is such
as to require care by another person; or
(ii) establish by
production of acceptable documentation, the nature of the emergency and that
such emergency resulted in the person concerned requiring care by the Employee.
(f) In normal
circumstances, an Employee must not take carer's leave under this subclause
where another person has taken leave to care for the same person.
27.3 Entitlement for
Maritime Employees
(a) Paid leave of
up to 5 days per calendar may be granted to Maritime Employees to provide short
term care or support when a person identified in paragraph (d) of subclause
27.2 (Carer’s Leave Entitlement for Salaried Employees and Professional
Engineers) is ill and requires the Employee’s care and support.
(b) Paid Leave may
also be provided for Maritime Employees in the case of the death of a person
identified in paragraph (d) of subclause 27.2 (Carer’s Leave Entitlement for
Salaried Employees and Professional Engineers). In the case of bereavement, if
carer’s leave has been exhausted, then Special Leave can be requested. Casual Employees, although not entitled to
payment for Carer’s Leave or Bereavement Leave, shall be entitled to not be
available to attend work or to leave work upon the death of a family member in
Australia, and subject to satisfactory evidence.
(c) For Casual
Employees engaged in Maritime, who seek to not be available to attend work upon
the death of a family member, the period of which the Employee will be entitled
to not be available to attend work shall be agreed to between the parties, or
in the absence of agreement the Employee is entitled to not be available to
attend work for up to 48 hours per occasion. The Employer must not fail to
re-engage a casual Employee because they accessed such leave, and the rights of
the Employer to engage or not engage a Casual Employee are not affected. The
Casual Employee should, as soon as reasonably practicable, inform the Employer
or their inability to attend for duty.
(d) If carer’s
leave has been exhausted, then untaken sick leave of up to 5 days a year may be
accessed for the current year and the three previous years.
(e) A Maritime
Employee may elect, with the consent of the Employer, to take annual leave not
exceeding ten days in single-day periods, or part thereof, in any calendar year
at a time or time agreed by the parties in order to meet their carer’s
responsibilities.
(f) A Maritime
Employee may elect with the Employer’s agreement to take annual leave at any
time within a period of 24 months from the date at which it falls due in order
to meet their carer’s responsibilities.
(g) The Employee
shall, if required, establish either by production of a medical certificate or
other acceptable documentation, the illness of the person concerned and that
the illness is such as to require care by another person.
27.4 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 person prescribed in subclause 27.2(d) who is sick and
requires care due to an unexpected emergency, or the birth of a child.
(b) The Employer
and the Employee shall agree on the period for which the Employee will be
entitled to not be available to attend work.
In the absence of agreement, the Employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The Employee is not entitled to any payment
for the period of non-attendance.
(c) If required by
the Employer, the Employee must establish, by production of a medical
certificate or statutory declaration, the illness of the person concerned.
(d) The Employer
will not fail to re-engage Casual Employees because they are unavailable to
work or leave work in accordance with this subclause. However, the rights of
the Employer to otherwise engage or not engage Casual Employees are not
affected.
28. Family and
Community Service Leave
28.1 Employees may be
granted FACSL for reasons related to unplanned and emergency family responsibilities
or other specified emergencies and may include, but are not limited to, the
following:
(a) for reasons
related to responsibilities for a Family Member ;
(b) for reasons
related to the death of a Family Member or relative;
(c) for reasons related
to performance of community service; or
(d) in case of
pressing necessity, natural disaster or major transport disruption.
28.2 The maximum
amount of FACSL that an Employee will accrue at ordinary rates is:
(a) two and a half
days in the first 12 months of service;
(b) two and a half
days in the second year of service; and
(c) one day for
each completed year of service, less the total amount of any FACSL already
taken by the Employee.
28.3 Part-time
Employees are entitled to FACSL on a pro-rata basis, based on the number of
hours worked.
28.4 If available
FACSL is exhausted, on the death of a Family Member or relative, additional
paid FACSL of up to 2 days may be granted on a discrete, per occasion basis to
a Professional Engineer (or up to 3 days if the Employee is a Salaried
Employee).
28.5 If available
FACSL is exhausted as a result of natural disasters, RMS shall consider
applications for additional FACSL if some other emergency arises.
28.6 RMS may also
grant Employees other forms of leave such as accrued annual leave, time off in
lieu and flex leave for family or community service responsibilities.
28.7 Employees who
have had immediate previous employment in the NSW Public sector may transfer
their FACSL from their previous Employer.
28.8 Bereavement
Leave for Casuals
(a) Casual
Employees are entitled to be unavailable to work, or may leave work, if a
Family Member or relative as defined in subclause 27.2(d) (Carer’s leave) dies.
(b) Casual
Employees can be unavailable to work for up to 48 hours (two days work).
However, the Employee and the Employer can also make an agreement on a
timeframe for the absence that is either longer or shorter than 48 hours (or
two days), as required. This agreement must be made before the Employee is
absent from work or makes themself unavailable to work.
(c) Casual
Employees will not be paid when they are unavailable to work or leave work in
accordance with this clause.
(d) The Employer may
require casual Employees to produce evidence, such as a death certificate or
statutory declaration, providing details of the circumstances of the death.
(e) The Employer
will not fail to re-engage casual Employees because they are unavailable to
work or leave work in accordance with this subclause. However, the rights of
the Employer to otherwise engage or not engage casual Employees are not
affected.
29. Maternity,
Adoption and Parental Leave
29.1 General
Provisions
(a) Maternity,
Adoption and Parental Leave is available to only one parent at a time, except
that both parents may simultaneously access the leave in the following
circumstances:
(i) for Maternity
Leave and Other Parent Leave, an unbroken period of two weeks at the time of
birth of the child;
(ii) for Adoption
Leave, an unbroken period of up to three weeks at the time of the placement of
the child.
(b) Employee can
access available accrued annual or long service leave during any period of
maternity, adoption or parental leave, provided that such leave taken does not
extend the period of leave.
29.2 Maternity Leave
(a) General
(i) Maternity
leave is available to female Employees (including those employed as casuals who
have worked on a regular and systemic basis with RMS for at least 12 months) to
enable them to take leave in connection with the pregnancy or birth of a child.
(ii) An Employee
who has been granted maternity leave and whose child is stillborn may elect to
take available sick leave instead of maternity leave.
(b) Paid Maternity
Leave
Employees who are employed on a permanent or limited
duration basis and have completed at least 40 weeks continuous service prior to
the commencement of Parental Leave are entitled to paid maternity leave at their
ordinary rate of pay for:
(i) up to
fourteen weeks, or
(ii) the period of
maternity leave taken,
whichever is the lesser period.
Leave may be taken at full pay, half pay or as a lump
sum.
(c) Unpaid
Maternity Leave
(i) Pregnant
Employees are entitled to maternity leave:
(A) on a full-time
basis for a period of not more than nine weeks prior to the expected date of
giving birth; and
(B) for a further
period ending not more than 12 months after the date of giving birth.
(d) Where the
pregnancy ends not in the birth of a living child, within 28 weeks of the
expected date of birth, the Employee may elect to take paid or unpaid maternity
leave or sick leave and negotiate their date of return to work with the
Employer.
(e) Where an
Employee has a pregnancy related illness, the Employee is entitled to take paid
sick leave or accrued annual leave or extended leave or unpaid special
maternity leave.
29.3 Adoption Leave
(a) General
(i) Employees are
entitled to adoption leave when they are to be the primary care giver of either
an adopted child or a child subject to a parentage order made under the
Surrogacy Act 2010.
(ii) Adoption
leave commences on the date that the Employee takes custody of the child concerned,
whether that date is before or after the date on which a court makes an order
for the adoption of the child.
(b) Paid Adoption
Leave
Employees who are employed on a permanent or limited
duration basis and have completed at least 40 weeks continuous service prior to
the commencement of adoption leave are entitled to paid leave at their ordinary
rate of pay for:
(i) fourteen
weeks, or
(ii) the period of
adoption leave taken,
whichever is the lesser period.
Leave may be taken at full pay, half pay or as a lump
sum.
(c) Unpaid
Adoption Leave
(i) Employees are
entitled to adoption leave for a maximum period of 12 months.
(ii) If approved,
unpaid adoption leave may be taken as:
(A) part-time for a
period not exceeding two years; or
(B) partly
full-time and partly part-time over a proportionate period of up to two years.
(d) Special
Adoption Leave
An Employee is entitled to special adoption leave
(without pay) for up to 2 days to attend interviews or examinations for the
purposes of adoption. As an alternative to special adoption leave an Employee
can elect to charge the period of leave against annual leave, extended leave,
flex leave or family and community service leave.
29.4 Parental Leave
(a) General
(i) Parental leave
will be granted for a period of up to 12 months to Employees who are not
entitled to maternity or adoption leave to enable parents to share in the
responsibility of caring for their young children.
(ii) Parental
leave may commence at any time up to two years after the date of birth of a
child or the date of placement of an adopted child.
(iii) Parental
leave is granted without pay except as provided in paragraph (d) of this
subclause.
(b) Short other
parental leave - an unbroken period of up 8 weeks at the time of the birth of
the child or other termination of the spouse's or partner's pregnancy or, in
the case of adoption or surrogacy, from the date of taking custody of the
child.
(c) Extended other
parent leave - for a period not exceeding 12 months, less any short other
parental leave already taken by the Employee as provided for in paragraph
29.8(b) of this subclause. Extended other parental leave may commence at any
time up to 2 years from the date of birth of the child or the taking of custody
of the child.
(d) Paid Parental
Leave
(i) Employees who
have completed at least 40 weeks continuous service prior to the commencement
of parental leave are entitled to be paid at their ordinary rate of pay for:
(A) One week on
full pay, or
(B) Two weeks on
half pay.
(ii) The period of
paid leave does not extend the current entitlement of up to 12 months leave,
but is part of it.
29.5 Annual and
extended leave during maternity, adoption or parental leave
An Employee may elect to take available annual leave or
extended leave within the period of maternity, adoption or parental leave
provided this does not extend the total period of such leave.
29.6 Subsequent
maternity or adoption leave - pay rate
An Employee who commences a subsequent period of maternity
or adoption leave for another child within 24 months of commencing an initial
period of maternity or adoption leave will be paid:
(a) at the rate
(full time or part time) they were paid before commencing the initial leave if
they have not returned to work; or
(b) at a rate
based on the hours worked before the initial leave was taken, where the
Employee has returned to work and reduced their hours during the 24 month
period; or
(c) at a rate
based on the hours worked prior to the subsequent period of leave where the
Employee has not reduced their hours.
29.7 Alternative
Duties
(a) If, for any
reason, a pregnant Employee is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child, the Employer,
should, in consultation with the Employee, take all reasonable measures to
arrange for safer alternative duties. This may include, but is not limited to
greater flexibility in when and where duties are carried out, a temporary
change in duties, retraining, multi-skilling, teleworking and job redesign.
(b) If such
adjustments cannot reasonably be made, the Employee may elect, or the Employer
may require the Employee to commence Maternity Leave, or to access any
available leave, for as long as it is necessary to avoid exposure to that risk,
as certified by a medical practitioner, or until the child is born, whichever
is the earlier.
29.8 Communication
during Maternity, Adoption and Parental Leave
(a) Where
Employees are on maternity, adoption or parental leave and RMS makes a definite
decision to introduce significant change at the workplace, RMS will take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the Employee held
before commencing maternity, adoption or 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 held before
commencing maternity, adoption or parental leave.
(b) Employees must
take reasonable steps to inform RMS about any significant matter that will
affect the Employee’s decision regarding the duration of maternity, adoption or
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) Employees must
notify RMS of changes of address or other contact details which might affect
RMS’ capacity to comply with paragraph (a) above.
29.9 Right to Request
(a) An Employee
who has taken leave in accordance with subclause 29.2, 29.3 or 29.4 may make a
request to the Employer to:
(i) take leave part-time
over a period not exceeding two years, or partly full-time and partly part-time
over a proportionate period of up to two years;
(ii) extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months (on a full time basis);
(iii) return from a
period of full time parental leave on a part time basis until the child reaches
school age (Note: returning to work from parental leave on a part time basis
includes the option of returning to work on part time leave without pay);
(iv) have part-time
hours structured in a way to enable carer responsibilities to be fulfilled.
to assist the Employee in reconciling work and parental
responsibilities.
(b) The Employer
shall consider a request under subclause (a)(ii) and (iii) above 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.
29.10 Return to Work
(a) An Employee
has the right to her/his former position if she/he has taken leave in
accordance with subclause 29.2, 29.3, 29.4 or 29.9(a) and she/he resumes duty
immediately after the approved leave or work on a part time basis,
(b) If the
position occupied by the Employee immediately prior to the taking of leave in
accordance with subclause 29.2, 29.3, 29.4 or 29.9(a) has ceased to exist, but
there are other positions available that the Employee is qualified for and is
capable of performing, the Employee shall be appointed to a position for which
they are qualified subject to availability.
29.11 The Employer shall
not fail to re-engage a regular casual Employee (see section 53(2) of the
Industrial Relations Act 1996) because:
(a) the Employee
or the spouse is pregnant, or
(b) the Employee
is or has been immediately absent on maternity leave or adoption leave.
Provided the rights of the Employer in relation to
engagement or re-engagement of casual Employees are not affected, other than in
accordance with this clause.
30. Lactation
Breaks
30.1 A lactation break
is provided to lactating mothers for the purposes of breastfeeding, expressing
milk or other activity necessary to the act of breastfeeding or expressing milk
and is in addition to any other rest period and meal break as provided in this
Award.
30.2 A full time
Employee or a part time Employee working more than 4 hours per day is entitled
to a maximum of two paid lactation breaks of up to 30 minutes each per day.
30.3 A part time
Employee working 4 hours or less per day is entitled to only one paid lactation
break of up to 30 minutes on any day so worked.
30.4 A flexible
approach to the timing and general management of lactation breaks must be taken
by the Employee and their manager provided the total lactation break time
entitlement is not exceeded. When giving consideration to any such requests for
flexibility, a manager needs to balance the operational requirements of the
organisation with the lactating needs of the Employee.
30.5 The RMS will
provide access to a suitable, private space with comfortable seating for the
purpose of breastfeeding or expressing milk. Other suitable facilities, such as
refrigeration and a sink, will be provided where practicable.
30.6 Where it is not
practicable to provide the appropriate space or facilities, discussions between
the manager and the Employee will take place to attempt to identify reasonable
alternative arrangements for the Employee’s lactating needs.
30.7 The manager and
Employee may be guided by the following considerations in determining the
reasonableness and practicality of any proposed alternate arrangement:
(a) whether the
Employee is required to work at a site that is not operated or controlled by
the RMS;
(b) whether the
Employee is regularly required to travel in the course of performing their
duties;
(c) whether the
Employee performs field-based work where access to the facilities in subclause
30.5 are not available or cannot reasonably be made available; and
(d) the effect
that the arrangements will have on the Employee's lactating needs.
30.8 Employees
experiencing difficulties in effecting the transition from home-based breast
feeding to the workplace will have reasonable telephone access to a free
breastfeeding consultative service, such as that provided by the Australian
Breastfeeding Association's Breastfeeding Helpline Service or the Public Health
System. Access to the service:
(a) shall be
granted during paid time;
(b) is limited to
a reasonable period of time (i.e. if the Employee requires extended periods of consultation,
the Employee may utilise the provisions of subclause 30.9), and
(c) must be at a
time that is mutually convenient to both the Employee and the RMS
30.9 Employees
needing to leave the workplace during time normally required for duty to seek
support or treatment in relation to breast feeding and the transition to the
workplace may utilise sick leave in accordance with clause 26 (Sick Leave) of
this Award, or time in lieu (TIL), or access the flexible working hours scheme
provided in clause 21 (Hours of Work) of this Award, where applicable.
31. Extended Leave
31.1 General
(a) Subject to
this clause, extended leave for Employees will accrue and be granted in
accordance with Schedule 5 of the Transport Administration Act 1988 as in force
from time to time.
(b) Extended leave
must be applied for and approved in advance. Extended leave is granted subject
to operational and other business requirements. Subject to the Employer’s
approval, extended leave may be taken at a time convenient to the Employer for
a minimum period of one hour at full pay, half pay or double pay.
31.2 Extended Leave
Entitlements
(a) An Employee
who has completed 10 years of continuous service with the Employer, in
accordance with Schedule 5 of the Transport Administration Act 1988, is
entitled to extended leave of:
(i) 44 working
days at full pay, or
(ii) 88 working
days at half pay, or
(iii) 22 working
days at double pay.
(b) For each
additional calendar year of service completed in excess of 10 years, Employees
accrue 11 working days extended leave.
(c) Employees who
have completed at least 7 years of continuous service with the Employer, or as
recognised in accordance with Schedule 5 of the Transport Administration Act 1988,
are entitled to access the extended leave accrual indicated in subparagraph (a)
above on a pro rata basis of 4.4 working days per completed year of service.
(d) Employees who
are employed part-time, or as a casual with a regular and consistent pattern of
employment with the Employer, are entitled to extended leave on the same basis
as that applying to a full-time Employee but payment for the leave is
calculated on a pro rata basis.
(e) All previous
full-time and part-time service with RMS, the former RTA, the former Department
of Main Roads, Department of Motor Transport or the Traffic Agency, and
Maritime Authority of NSW and its predecessor organisations, is to be taken
into account as service when determining the appropriate rate of accrual of extended
leave for Employees employed on a full-time or part-time basis with the RMS.
(f) Permanent
service with other NSW government bodies will also be recognised by RMS in
accordance with the Government Sector Employment Act 2013 (NSW). Extended Leave
may also be transferred from Commonwealth and interstate government agencies in
accordance with Schedule 2 of the Government Sector Employment Regulation 2014.
(g) Nothing in
subparagraphs (e) or (f) of this subclause entitles an Employee to payment for
previous service recognised where the accrual for that service has previously
been taken as leave or paid out on termination.
31.3 Payment of
Extended Leave
(a) If an
Employee’s ordinary hours of work are constant, payment is made at the current
rate of pay.
(b) Where an
Employee is part-time or casual and the Employee’s ordinary hours are not
constant, payment is made based on the substantive rate of pay averaged over:
(i) the past 12
months, or
(ii) the past 5
years
whichever is the greater.
(c) Payment
includes all allowances in the nature of salary but does not include any
amounts normally paid for shift work, overtime or penalty rates.
(d) Payments will
be increased to reflect any increment action an Employee becomes eligible for
while absent on extended leave.
(e) An Employee
who takes extended leave whilst in service may choose to be paid fortnightly or
in one lump sum in advance of taking the leave.
31.4 Sick leave while
on Extended Leave
(a) An Employee is
only entitled to claim sick leave that occurs during an absence on extended
leave when sick for five or more consecutive working days.
(b) To claim sick
leave, an Employee must provide a medical certificate for the period claimed as
soon as possible.
(c) If sick leave
is approved, the extended leave balance is accredited with:
(i) the
equivalent period of sick leave, if taking leave on a full or half pay basis;
or
(ii) the
equivalent period of sick leave and the extra amount of extended leave
entitlement accessed to make up the double pay allowance, if taking leave on a
double pay basis.
(d) If extended
leave is taken at double pay, the Employer will recoup any allowance already
paid for the period being claimed as sick leave.
(e) These sick
leave provisions apply if an Employee takes extended leave prior to retirement
but not extended leave prior to resignation or termination of services.
31.5 Public Holidays
while on Extended Leave
(a) The days set
out in clause 39 (Public Holidays), of this Award that fall while an Employee
is absent on extended leave are not recognised as extended leave and are not
deducted from the Employee’s extended leave balance.
(b) Payment due
for the days set out in clause 39 (Public Holidays) is calculated on the
Employee’s ordinary hours of work and paid at single time, even if the Employee
has chosen to take extended leave at half-pay or double pay.
31.6 Effect of
Approved LWOP on Extended Leave Entitlements
(a) For Employees
who have completed 10 years continuous service (inclusive of service recognised
in accordance with paragraphs (e) and (f) of subclause 31.2), any period of
approved leave without pay not exceeding 6 months counts for the purpose of
calculating length of service.
(b) Where a
Salaried Employee or a Professional Engineer has completed 10 years continuous
service (inclusive of service recognised in accordance with paragraphs (e) and
(f) of subclause 31.2), approved LWOP for the reasons listed below counts as
service for extended leave accrual:
(i) military
service (e.g. Army, Navy or Air Force);
(ii) major
interruptions to public transport; and
(iii) periods on
leave accepted as workers compensation leave.
31.7 Payment of
Extended Leave on Termination
(a) An Employee,
who is entitled to extended leave on termination of service, including
retirement, is paid the monetary value of the leave as a gratuity, in lieu of
taking the leave.
(b) If an Employee
is employed on a full-time basis, payment is calculated at the substantive rate
of pay on the last day of service.
(c) If an Employee
is employed on a part-time or casual basis, payment is calculated as per
subclause 31.3(b).
(d) Employees who
have at least five years’ service but less than seven years’ service (inclusive
of service recognised in accordance with paragraphs (e) and (f) of subclause
31.2) are paid a pro-rata of the extended leave entitlement if employment is
terminated:
(i) by the
Employer for any reason other than serious and intentional misconduct;
(ii) by the
Employee in writing on account of illness, incapacity or domestic or other
pressing necessity; or
(iii) on retirement
for Salaried Employees and Professional Engineers only.
(e) In the event
of paragraph (d) of this subclause above applying, any period of leave without
pay taken does not count as service.
32. Special Leave
32.1 Employees will
be granted special leave where they make an application and meet the
requirements specified in this clause. Payment for special leave is at the
ordinary rate of pay, exclusive of allowances, penalty rates or overtime.
(a) Jury Duty
(i) An Employee
shall, as soon as possible, notify the Employer of the details of any jury
summons served on the Employee.
(ii) An Employee who,
during any period when required to be on duty, attends a court in answer to a
jury summons will continue to be paid their ordinary rate of pay. This payment
will be reimbursed to the Employer if upon return to duty after discharge from
jury service, an Employee does not furnish to the Employer a certificate of
attendance issued by the Sheriff or by the Registrar of the court giving
particulars of attendance by the Employee during any such period and the
details of any payment or payments made to the Employee under the Jury Act 1977
in respect of any such period.
(iii) An Employee
must on receipt of any payment or payments made to the Employee under the Jury
Act 1977 in respect of the period of jury duty (except for out of pocket
expenses) pay that amount to the Employer.
(b) Witness at
Court - Official Capacity - When an Employee is subpoenaed or called as a
witness in an official capacity, the Employee shall be regarded as being on
duty. Salary and any expenses properly and reasonably incurred by the Employee
in connection with the Employee's appearance at court as a witness in an
official capacity shall be paid by the Employer.
(c) Witness at
Court - Crown Witness
(i) An Employee
who is subpoenaed or called as a witness by the Crown (Commonwealth or State)
will be granted special leave for the time they attend Court, provided the
Employee provides proof of allowable fees and out of pocket expenses associated
with the court attendance when submitting their leave application. If the
Employee chooses to retain the fees paid, leave such as LWOP, flex leave or
annual leave must be taken.
(ii) An Employee
subpoenaed or called as a witness in a private capacity other than by the Crown
(Commonwealth or State) is not eligible for special leave and must apply for
other forms of leave such as LWOP, flex leave or annual leave.
(d) NAIDOC Week -
Aboriginal and Torres Strait Islander Employees shall be granted up to one day
special leave per year to observe National Aboriginal and Islander Day of
Commemoration celebrations. Leave can be taken at any time during NAIDOC week,
or in the weeks leading up to and after NAIDOC week, provided the Employee
provides their supervisor with reasonable notice.
(e) Special Leave
- Citizenship - Employees are granted Special Leave including travelling time
to attend their Australian Citizenship Ceremony.
(f) Domestic
Violence - When the leave entitlements referred to in clause 37 (Leave for
Matters Arising from Domestic Violence) have been exhausted, the Employer shall
grant up to five days per calendar year to be used for absences from the
workplace to attend to matters arising from Domestic Violence situations.
Documentation proving the occurrence of domestic violence is required and may
be issued by the Police Force, a Court, a Doctor, a Domestic Violence Support
Service or Lawyer.
(g) Blood Donation
- Special leave, including travelling time, is granted to Employees who do not
require a relief, to donate blood. Employees are expected to attend the
donation point nearest to their work location.
(h) Bone Marrow -
Employees who are listed in the Australian Bone Marrow Donor Registry and are
called on to donate are granted up to 5 days Special Leave per occasion to
donate bone marrow, subject to the production of a medical certificate from a
registered medical practitioner.
(i) Electoral
Returning Officer - Employees appointed as Returning Officers by the State
Electoral Office and who provide proof of such appointment, are eligible for:
(i) up to 4 weeks
Special Leave before the polling day or date of writ, and up to 3 weeks after
polling day if required by the Electoral Commissioner;
(ii) 1 day of
Special Leave to attend a returning officer's election seminar;
(iii) up to 3 days
Special Leave to attend an election training course.
(j) Sport -
Employees are eligible for Special Leave of up to 4 weeks to compete in or
officiate at National Titles, the Olympic, Paralympic or Commonwealth Games.
(k) Retirement
Seminar - Employees approaching retirement are entitled to 2 days Special Leave
to attend retirement planning seminars conducted by the State Authorities
Superannuation Board.
(l) Emergency
Services
(i) Employees may
be granted leave to attend emergencies declared in accordance with the relevant
legislation or announced by the Governor. Employees must notify their managers
of the request for State Emergency leave as soon as possible supported by
evidence in writing of the emergency.
(ii) For any other
emergency other than a declared emergency, Employees are entitled to a maximum
of 5 days Special Leave per year. Proof of attendance at the emergency is
required.
(iii) Where an
Employee is required to attend a course approved by the Rural Fire Service, the
Employee will be granted up to 10 days Special Leave per year, subject to
operational convenience. Proof of course attendance is required.
(iv) Where an
Employee is required to attend a course required by the State Emergency
Services (SES), the Employee will be granted Special Leave for the duration of
the course, provided the SES advises the Employer that the staff member is
required to attend.
(v) Employees are
entitled to take an additional 1 day of Special Leave for rest per incident
when they attend a declared emergency for several days as an SES or RFS
volunteer.
(vi) Employees who
are Police volunteers are eligible for Special Leave to attend up to 2 training
programs per year - 3 days per program. Leave is inclusive of all travel time
and attendance per program at Goulburn Police Academy.
(m) Participation in
graduation ceremonies, and attending professional or learned societies’
conferences, etc.
(n) Ex-Armed
Services Personnel for attending RSL Conference and Congress or to attend the
Hospital Medical Review Board, etc.
(o) Duties
associated with holding official office in Local Government.
33. Examination
and Study Leave
Employees may be granted leave to undertake study and enable
them to attend examinations. The terms and conditions on which study leave and
examination leave may be granted are set out in the RMS Study and Exam Leave
Procedure, as amended from time to time.
34. Military leave
34.1 During the
period of 12 months commencing on 1 July each year, the Employer shall grant an
Employee who is a member of the Australian Defence Forces, military leave at
the ordinary rate of pay to undertake compulsory training education,
instruction or parades.
34.2 Up to 24 working
days military leave per financial year shall be granted by the Employer to
members of the Naval and Military Reserves and up to 28 working days per
financial year to members of the Air Force Reserve for the activities specified
in subclause 34.1 of this clause.
34.3 Employees must
provide evidence to the Employer from the commanding or responsible officer:
(a) before the
event, certifying that the Employee is a member of the defence force and
outlining that their attendance at the event is necessary; and also
(b) after the
event, certifying the dates on which the Employee attends the event.
34.4 Unused military
leave does not accumulate.
34.5 Employees may
apply for up to one day special leave to undertake medical examinations and
tests for acceptance as a member of the Australian Defence Forces.
34.5 Employees may
apply for special leave for the minimum time necessary to travel to and/or from
annual camp provided that:
(a) the travel is
undertaken during a time when the Employee would normally be at work and
(b) the Employee
receives no pay from the Australian Defence Forces for the period granted as
special leave.
35. Purchased
Leave
35.1 Salaried
Employees and Professional Engineers may apply to enter into a Purchased Leave
Agreement with the Employer to purchase either 10 days (2 weeks), 15 days (3 weeks)
or 20 days (4 weeks) additional leave in a 12 month period. Maritime Employees
may apply to enter into a Purchased Leave Agreement with the Employer to
purchase either 10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12
month period.
35.2 Each application
will be considered subject to operational requirements and personal needs and
will take into account business needs and work demands.
35.3 The leave must
be taken in the 12 month period specified in the Purchased Leave Agreement and
will not attract any leave loading.
35.4 The leave will
count as service for all purposes.
35.5 The purchased
leave will be funded through the reduction in the Employee's ordinary rate of
pay for the 12 month period of the Purchased Leave Agreement.
35.6 The reduced rate
of pay for the period of the Purchased Leave Agreement (purchased leave rate of
pay) will be the Employee's ordinary annual salary rate less the number of
weeks of purchased leave multiplied by the Employee's ordinary weekly rate of
pay, annualised at a pro rata rate over the 12 month period.
35.7 Purchased leave
is subject to the following provisions:
(a) The purchased
leave cannot be accrued and the dollar value of unused leave will be refunded
where it has not been taken in the 12 month Purchased Leave Agreement period.
(b) All other
leave taken during the 12 month Purchased Leave Agreement period i.e. including
sick leave, annual leave, extended leave or leave in lieu, will be paid at the
purchased leave rate of pay.
(c) Sick leave cannot
be taken during a time when purchased leave is being taken.
(d) The purchased
leave rate of pay will be the salary for all purposes including superannuation
and shift loadings.
(e) Overtime and
salary related allowances not paid during periods of annual leave will be
calculated using the Employee's hourly rate based on the ordinary rate of pay.
(f) A higher
duties payment will not be paid when purchased leave is being taken.
35.8 Specific conditions
governing purchased leave may be amended from time to time by the Chief
Executive in consultation with the Union parties.
36. Observance of
Essential Religious and Cultural Obligations
36.1 Provided
adequate notice as to the need for the leave is given by the Employee to the
Employer and it is operationally convenient to release the Employee from duty,
an Employee of:
(a) any religious
faith who seeks leave for the purpose of observing essential religious
obligations of that faith; or
(b) any ethnic or
cultural background who seeks leave for the purpose of observing any essential
cultural obligations,
will be granted annual/extended leave, flex leave or
LWOP to observe such obligations.
37. Leave for
Matters Arising from Domestic Violence
37.1 Leave
entitlements provided for in clauses 26 (Sick Leave), 27 (Carer's Leave) and 28
(Family and Community Service Leave), may be used by Employees experiencing
Domestic Violence.
37.2 Where the leave
entitlements referred to in subclause 37.1 above are exhausted, the Employer
shall grant up to 5 days Special Leave per calendar year to be used for
absences from the workplace to attend to matters arising from domestic violence
situations.
37.3 The Employer
will need to be satisfied, on reasonable grounds, that Domestic Violence has
occurred and leave is required. The Employer may require proof presented in the
form of an agreed document issued by the Police Force, a Court, a Doctor, a
Domestic Violence Support Service or Lawyer.
37.4 Personal information
concerning Domestic Violence will be kept confidential by the Employer.
37.5 The Employer,
where appropriate, may facilitate flexible working arrangements subject to
operational requirements, including changes to working time and changes to work
location, telephone number and email address.
38. Leave Without
Pay
38.1 This clause
applies to Salaried Employees and Maritime Employees. Professional Engineers
are covered by clause 54.
38.2 An Employee wishing
to take a period of leave without pay shall make application to the Employer
specifying the reasons for such leave and the period of leave proposed.
38.3 Each application
for leave without pay shall be considered by the relevant delegated manager on
its merits, taking into account the wishes of the Employee and the requirements
of the business unit. Leave without pay shall only be granted if business needs
can be accommodated during the period of leave proposed.
38.4 RMS’ Leave
Without Pay Procedure outlines the entitlement, arrangements and affect of such
leave.
39. Public
Holidays
39.1 Subject to
subclause 39.2, Employees are entitled, without loss of pay, to the following
standard public holidays:
(a) New Year’s
Day;
(b) Australia Day;
(c) Good Friday;
(d) Easter
Saturday;
(e) Easter Sunday;
(f) Easter Monday;
(g) Anzac Day;
(h) Sovereign’s
Birthday;
(i) Labour Day;
(j) Christmas
Day;
(k) Boxing Day;
(l) an additional
day between Boxing Day and New Year's Day (public service holiday),
and such other Local Public Holiday, public holiday/s
or substitute day as ordered by the government from time to time up to a
maximum of two gazetted local public holidays (or four half days) and provided
the Employee works in the local area on the working day before and after a
Local Public Holiday.
39.2 Employees are
only entitled to be paid public holidays for the days on which they would
ordinarily work, but for the holiday occurring.
39.3 Professional
Engineers required to work on a Local Holiday or the Public Service Holiday are
entitled to either time off in lieu as set out in subclause 23.5 or paid as per
subclause 39.5 below.
39.4 Salaried
Employees who have been granted leave without pay covering a total period of
absence from duty of not more than two weeks, may be granted payment for public
holidays occurring during such absence provided that such public holiday falls
on days which would normally be working days.
39.5. Subject to
subclause 39.6, Salaried Employees and Professional Engineers (including casual
Employees) directed to work on a public holiday will be paid at the rate of
double time and a half for the time worked.
39.6 Salaried
Employees engaged on continuous work that is required to be carried out on a
public holiday shall be paid for such work at the rate of double time.
39.7 BSOs of the
Maritime Division in receipt of an annualised salary who are required to work
on a public holiday are entitled to receive Time In Lieu for the day worked.
PART B - SPECIFIC PROVISIONS
SECTION 6 - SPECIFIC PROVISIONS FOR SALARIED EMPLOYEES (INCLUDING IVRs)
40. Shift Work
Definitions
40.1 Subject to the
specific provisions outlined in clauses 41, 42, 43 and 44:
(a) For Salaried
Employees (other than Inspector Vehicle Regulations):
Day shift means those shifts where ordinary hours are
worked between 7.00am and 5.00pm Monday to Friday
Afternoon shift means those shifts where ordinary hours
commence at or after noon Monday to Friday.
Night Shift means those shifts where ordinary hours
finish at or before 10.00am Monday to Friday.
(b) For Inspector
Vehicle Regulations:
Day shift means those shifts where the ordinary hours
of work are worked between 6.00am and 6.00pm.
Afternoon shift means those shifts where the ordinary
hours of work commence at or after noon and before 4.00pm.
Night shift means those shifts where the ordinary hours
of work commence at or after 4.00pm and before 6.00am.
41. Hours of Work
and Additional Conditions for Motor Registry and Telephone Customer Service
Centre Employees
41.1 Hours of Work
(a) Spread of
Hours
The ordinary hours of work shall be within the spread
of hours as follows:
Monday to Friday
|
7.50am to 5.20pm
|
Saturday
|
8.20am to 4.20pm
|
No Employee shall be required to work more than five
consecutive hours without a meal break. A meal break shall be for a minimum of
30 minutes duration.
41.2 Change of Hours
within Spread of Hours
(a) Any change to the
trading hours of a Motor Registry or Telephone Customer Service Centre within
the spread of hours as set out in subclause 41.1, shall be subject to the
following consultative process:
(i) the Employer
shall notify the PSA in writing of any change to trading hours at least six
weeks in advance of the date on which the change is proposed to take place;
(ii) the PSA shall
be given two weeks in which to provide any written comments on the proposed
change;
(iii) following
consideration of any comments received, the Employer will notify the PSA in
writing of the full details of its decision including the reasons for making
such decision.
41.3 Standard Hours
of Work
(a) Full Time Employees
(i) The ordinary
hours of work shall be 70 hours over a two week roster cycle.
(ii) Full Time
Employees in a Motor Registry or Telephone Customer Service Centre which trades
on Saturdays, that are rostered to work one Saturday in two, shall work nine
days during the two week roster cycle. Provided that Full Time Employees will,
with the agreement of the Employer, be able to work ten days including
Saturdays during the cycle.
(ii) Subject to
subclause 41.4, Rosters, any other change to the days worked or the span of
hours will be by agreement between the Employer and the Employee.
(iv) The minimum
hours to be worked by Full Time Employees on a Saturday shall be four.
(b) Part time Employees
(i) The minimum
ordinary hours of work to be worked by Part Time Employees shall be 15 hours
per week.
(ii) The minimum
ordinary hours to be worked by Part Time Employees shall be three.
(iii) Part Time
Employees shall not be required to work more than five consecutive days in any
fortnight roster cycle.
(iv) Part Time Employees
shall not be required to work more than one Saturday in two except by mutual
agreement.
(v) Notwithstanding
the days specified, Part Time Employees may be required by the Employer to work
on Saturdays. In such case the specified days and/or hours on the specified
days will be reduced accordingly to retain the specified hours as a minimum.
(vi) Subject to subclause 41.4, Rosters, any
other change to the days worked or the span of hours will be by agreement
between the Employer and the Employee. The Employee can require up to three
months between the agreement to change the specified span of hours or days and
the implementation of the change.
41.4 Rosters
(a) Rosters will
be based on fortnightly periods and published monthly in advance. Rosters will
be posted in a position accessible to Employees.
(b) In the event
of an emergency (for example, fire, flood, major transport disruption) the
hours of work and/or the rostered starting and finishing times on any one day
may be changed. Shortages and/or vacancies due to rostering are not an
emergency for the purposes of this subclause.
(c) Where less
than seven days notice is given by the Employer of a change to a roster by
deleting or reducing the hours of a rostered day, any loading applicable to the
original roster shall be paid in addition to the payment applicable to the work
performed.
(d) Mutual
exchanges of rostered days between Employees shall be subject to the Employer'
prior agreement.
(e) Where
Employees are rostered in such a fashion that the days on which they are
rostered to work fluctuate from week to week, an Employee rostered off work on
a public holiday being a day on which the Employee usually works shall be paid
by mutual agreement between the Employer and the Employee in one of the
following methods:
(i) payment of an
additional day's salary;
(ii) addition of
one day to the Employee 's annual holidays;
(iii) an alternate
day off with pay within 28 days after the public holiday falls, or during the
week prior to the public holiday.
Provided that for this subclause "day" is the
number of hours the Employee would have worked were the Employee rostered on
that day.
(f) The Employer can, on up to three
Saturdays each calendar year, require Employees to attend a training session
after trading hours and within the spread of hours as set out in subclauses
41.1, 41.2 and 41.3. The time spent on training will be adjusted as part of the
Employee’s ordinary hours. The Employee will be rostered off for one equivalent
block of hours during that roster cycle or during either of the next two roster
cycles.
41.5 Loadings for
Certain Ordinary Hours
(a) Payment for
all ordinary hours of duty Monday to Friday shall be at the ordinary salary
rate.
(b) For full-time and
part-time Employees payment for all ordinary hours of duty on Saturday shall be
at the ordinary salary rate plus 50 per cent. For casual Employees the payment
for all ordinary hours of duty on Saturday shall be 1.66 times the Monday to
Friday ordinary hourly rate for the first year of the classification in which
they are employed, except for Registry Services Officers 21 years of age and
over who shall be paid the fourth year of that classification.
(c) Where
part-time Employees work in excess of the rostered hours for a day and within
the spread of ordinary hours of duty as set out in subclause 41.1, Monday to
Friday, payment for time worked in excess of the rostered hours shall be made
at the ordinary hourly rate.
(d) Where
part-time Employees are required to work in excess of the rostered hours on a
Saturday - but within the spread of ordinary hours of duty for Saturday, as set
out in subclause 41.1 of this clause, a loading of 50% as prescribed in
subclause 41.5(b) shall apply.
41.6 Overtime
(a) Full-time
Employees shall be paid overtime for all time worked:
(i) outside the
spread of ordinary hours of duty as set out in subclause 41.1.
(ii) before or
after the daily ordinary hours of duty set out in the roster described in the
provisions of Part C - Rosters of this clause and worked within the spread of
hours of duty set out in subclause 41.1.
(b) Part-time
Employees and casual Employees shall be paid overtime for all time worked:
(i) outside the
spread of ordinary hours of duty as set out in subclause 41.1.
(ii) in excess of
35 hours per week.
(c) Where
Employees are rostered on six consecutive days, work within the spread of
ordinary hours of duty on the sixth day shall be paid at the overtime rate, and
does not include loading in accordance with subclause 41.5.
42. Hours of Work
and Additional Conditions for DRIVES Help Desk Employees
42.1 Spread of Hours
The ordinary hours of duty shall be within the spread
of hours:
Monday to Friday
|
7.50am to 5.20pm
|
Saturday
|
8.20am to 4.20pm
|
No Employee shall be required to work more than five
consecutive hours without a meal break. A meal break shall be for a minimum of
30 minutes duration.
42.2 Change of Hours
within the Spread of Hours
Any change to the trading hours of the DRIVES Help Desk
within the spread of hours shall be subject to the following consultative
process:
(a) The Employer
shall notify the PSA in writing of any change to trading hours at least six
weeks in advance of the date on which the change is proposed to take place.
(b) The PSA shall
be given two weeks in which to provide any written comments on the proposed
change.
(c) Following
consideration of any comments received, the Employer shall notify the PSA in
writing of the full details of its decision including the reasons for making
such decisions.
42.3 Standard Hours
of Work
The ordinary hours of duty for full time Employees
shall be 70 hours worked over a two week roster cycle.
(a) Full time
Employees that are rostered to work one Saturday in two shall work nine days
during the two week roster cycle, provided that subject to the Employer’s
agreement, they will be able to work ten days including Saturdays during the
roster cycle.
(b) Full time
Employees shall not be required to work more than five consecutive days during
the roster cycle.
(c) Subject to
subclause 40.4, any other change to the days worked or the span of hours will
be by agreement between the Employer and the Employee.
42.4 Rosters
(a) Rosters will
be based on fortnightly periods and published monthly in advance. Rosters will
be posted in a position accessible to Employees.
(b) In the event
of an emergency the hours of work and/or the rostered start and finishing times
on any one day may be changed.
(c) Where less than
seven days notice is given by the Employer of a change to a roster by deleting
or reducing the hours of a rostered day, any loading applicable to the original
roster shall be paid in addition to the payment applicable to the work
performed.
(d) Mutual
exchanges of rostered shifts between Employees shall be subject to the
Employer’s prior agreement.
(e) Where
Employees are rostered in such a fashion that the days on which they are
rostered fluctuate from week to week, an Employee rostered off work on a public
holiday being a day on which the Employee usually works shall be paid by mutual
agreement between the Employer and the Employee in one of the following
methods:
(i) Payment of an
additional day’s salary;
(ii) Addition of
one day to the Employee’s annual holidays;
(iii) An
alternative day off with pay within 28 days after the public holiday falls, or
during the week prior to the public holiday.
(iv) Provided that
for this clause "day" is the number of hours the Employee would have
worked were the Employee rostered on that day.
43. Hours of Work
and Additional Conditions for Work Support Employees
43.1 Definitions for
the purpose of this clause:
WSO means Work Support Officers employed as members of
the Transport Service in the RMS Group.
Competency means the combination of knowledge, skills
and attributes that are needed for specific job related tasks.
43.2 Hours of Work
(a) The ordinary
hours of duty of WSOs shall be 35 hours per week between 7.00am to 5.30pm on 5
days per week, Monday to Friday inclusive.
(b) A lunch break
shall be taken of not less than 30 minutes in the WSO’s time.
(c) Working hours
(ie a bank up of hours) will be in accordance with the following provisions:
(i) An additional
22 minutes per day shall be worked on 19 days each four week work cycle to
allow for the accumulated time off during the next four week cycle.
(ii) Subject to
the provisions of this subclause one accrued day off may be taken in each four
week work cycle. Such accrued day off will be observed between Monday to Friday
(inclusive).
(iii) Where a WSO
works on the accrued day off, the WSO may elect to have another day off in
substitution thereof before the end of the succeeding work cycle. Such election
should be granted where practicable, provided that in such case the accrued
entitlements are transferred to the substituted day off.
(d) WSOs absent
from duty on any type of approved leave or a public holiday will be credited
with 7 hours 22 minutes in respect of each day absent from duty. WSOs absent
from duty on approved leave (sick leave, annual leave etc) will have 7 hours 22
minutes debited against their leave accrual for each day absent from duty.
43.3 Progression from
Grade to Grade
(a) WSO positions
will only be created where the range of tasks at the location would eventually
allow the incumbent to progress to Grade 3.
(b) Progression
from grade to grade need not depend upon the availability of an advertised job
vacancy nor is it restricted by the number of WSOs already at a particular
grade. Progression to another grade is totally dependent upon meeting the
progression criteria detailed in the relevant policy/procedure.
(c) Persons at the
time of appointment as a WSO will be assessed to determine the grade at which
they will commence. Once appointed to a grade, a WSO will need to meet the
progression criteria in order to further progress through the grades.
(d) Persons
appointed as a WSO in training will remain at that level until they are
eligible to progress to Grade 1.
43.4 Maintenance of
grade and salary shall be dependent upon WSOs maintaining the required level of
competence in the tasks for which they have been assessed and for which their
grading and salary level has been determined. To ensure the level and currency
of competencies, the WSO will undergo supplementary assessment of their tasks
every two years to demonstrate that they have maintained their skills in those
tasks.
44. Hours of Work
for Traffic Supervisors
44.1 The ordinary working
hours for Traffic Supervisors shall be 38 hours per week and shall be worked as
a 20 day four week cycle with 19 working days of eight hours each in accordance
with rosters, with 0.4 of one hour each day worked accruing as an entitlement
to take, in each cycle, an accrued day off.
44.2 The accrued day
off is subject to managerial prerogative to best suit the working needs of the
organisation, provided that the accrued day off is to be taken between Monday
and Friday (inclusive) during the day shift.
44.3 The ordinary
hours of work shall not exceed 8 per day to be worked in a maximum of 10 shifts
per fortnight, provided that not more than 6 consecutive shifts shall be worked
in eight consecutive days. A shift may be worked on any day of the week, including
Sunday, during any period of 24 hours. The times between which the ordinary
hours may be worked may be altered by agreement between the Employer and the
PSA.
44.4 Where the agreed
accrued day off prescribed by subclause 44.1 falls on a public holiday the next
working day on which the Employee is normally rostered for duty shall be taken
in lieu of the accrued day off, unless an alternative day in that four-week
cycle or the next four-week cycle is agreed between RMS or its representative
and the Employee.
44.5 Each day of paid
sick or annual leave taken and any public holidays occurring during any cycle
of four weeks shall be regarded as a day worked for accrual purposes.
44.6 Where an
Employee is ill or incapacitated on the accrued day off, the Employee shall not
be entitled to payment of sick leave on that day nor shall the Employee’s sick
leave entitlement be reduced as a result of such illness or incapacity.
44.7 An Employee who
has not worked, or is not regarded by reason of subclause 44.3 as having worked
a complete four week cycle, shall receive pro rata accrued entitlements for
each day worked (or each fraction of a day worked) or regarded as having been
worked in such cycle, on the accrued day off, or in the case of termination of
employment, on termination.
44.8 Where agreement
is reached between RMS or its representative and an Employee, that Employee may
accumulate up to a maximum of four accrued days off before they are taken as
days off and, when taken, those days shall be regarded as days worked for
accrual purposes. When such agreement
has been reached under the terms of this paragraph, an Employee is not entitled
to be paid at the rate as specified in subclause 44.9.
44.9 Subject to
subclause 44.7, the accrued day off prescribed in subclauses 44.1 and 44.2
shall be taken as a day off provided that the day may be worked where it is
required by the Employer. Where the Employee is required to work on their
accrued day off, the Employee shall be paid at the rate of time and a half for the
first two hours and double time thereafter.
44.10 Where an Employee
works on the accrued day off, the Employee may elect to have another day off in
substitution before the end of the succeeding work cycle, provided that such
day off is subject to management prerogative to best suit the working needs of
the Employer and that in such cases the accrued entitlements are transferred to
the substituted day off.
44.11 The provisions
contained in subclauses 44.1 to 44.7 of this clause shall also apply to shift
workers by substituting the word ‘shift’ for ‘day’ in each cycle.
SECTION 7 - SPECIFIC PROVISIONS FOR PROFESSIONAL ENGINEERS
45. Shift Work
Definitions
Early morning shift means a shift with ordinary hours
commencing between 4.00am and 6.00am, Monday to Friday.
Day shift means a shift with ordinary hours commencing
between 7.00am and 5.00pm Monday to Friday.
Afternoon shift means a shift with ordinary hours commencing
at or after noon Monday to Friday.
Night shift means a shift commencing at or after 4.00pm and
finishing at or before 4.00am Monday to Friday.
46. Call Out/Call
Back
46.1 Professional
Engineers who are called back to work outside their standard hours, or outside
the bandwidth if working under a flexible working hours arrangement, shall be
paid a minimum of three hours at overtime rates for each separate call out,
except where:
(a) Employees are
called out on more than one occasion and the first and subsequent call out
payment periods of three hours overlap. If this occurs, payment is calculated
from the start of the first call-out period until the end of the last call-out
provided that the total period of all overlapping call-out periods is less than
three hours, Employees are paid for three hours at overtime rates;
(b) Where the call
out work extends into ordinary hours of work, overtime is paid up to the normal
starting time only.
47. Specialist
Engineers
47.1 Professional
Engineers from any field of professional engineering may gain personal
promotion to any Engineer level up to and including Level 6 Engineer, as
specialist engineers whilst still occupying a position graded at a lower level.
Professional Engineers at Level 6 may receive an allowance, in lieu of a
personal promotion, as specialist engineers whilst still occupying a position
graded as Level 6.
47.2 Progression to a
higher personal Level salary for Professional Engineers must be recommended by
the majority of the Specialist Engineer Accreditation Committee. The Professional
Engineer must submit a case to the committee which indicates that the
Professional Engineer has specific attributes of a significant nature which
would be relevant and beneficial to RMS’ functions.
47.3 Relevant
criteria which would be examined by the committee include:
(a) Holding a
degree at or above the level of Master of Engineering Science or Master of
Science in a relevant specialist or technical area from a recognised Australian
University (or overseas equivalent), not being a Master of Business or Public
Administration; or
(b) Holding a
specialist graduate diploma in a field related to the work of the Professional
Engineer in RMS, not being a graduate diploma in management or a business
administration diploma; or
(c) Having shown
originality or made high level contributions or attained reputation or standing
in the engineer’s specialist field of work.
(d) The Specialist
Engineer Accreditation Committee will consist of a representative of the
Employer, Professionals Australia and a mutually acceptable independent expert
in the specialist field under consideration.
(e) If an Employee
is dissatisfied with the recommendation of the Specialist Engineer
Accreditation Committee, the Employee may appeal to their Director who will review
the decision in conjunction with the General Manager, Human Resources.
48. Recognition of
Professional Engineering Skills
48.1 The importance
of the contribution of Professional Engineers to RMS is recognised by this
Award.
48.2 An Employee with
the qualification of a Professional Engineer working in a position that
requires those skills or qualifications may apply to be recognised as a
Professional Engineer under this Award. Recognition is available in accordance
with the RMS policy on the Recognition of Professional Engineers. Applications
will not be unreasonably refused.
48.3 The Recognition
of Professional Engineers Policy will not be amended without the agreement of
Professionals Australia.
49. Professional
Development
49.1 The Employer and
Professionals Australia agree that Employees will continue to be provided with
the maximum opportunities for professional development. This should occur as
part of the work and development planning process.
49.2 The type of
internal and external courses provided will be determined by consultation
between Professionals Australia and the Employer.
49.3 Professional
development will not be limited to internal and external training courses and
may include Professional Engineers’ exchange programs, secondments, attendances
at conferences, seminars or short term study courses which have been approved
by the Employer and permission granted for the Employee to attend.
50. Consultation
50.1 RMS and
Professionals Australia shall consult on issues including but not limited to:
(a) Professional
development and training;
(b) Restructuring,
relocation or organisational change where Professional Engineer positions are
affected
(c) Career
progression, succession planning and mentoring; and
(d) Significant
issues impacting on RMS Professional Engineers, such as workload and skills
shortages.
51. Part-Time
Employment
51.1 In addition to
subclause 29.9 Right to Request of clause 29 Maternity, Adoption and Parental
Leave and subject to operational requirements, Employees may elect to change
from full-time to part-time work to manage their work-life balance. This will
enable Employees to manage family and career responsibilities or choose to
reduce the number of hours worked as they approach retirement. The shift from
full-time to part-time will be managed in accordance with RMS’ Leave and
Attendance Policy and applicable procedures. Requests to work part-time will
not be unreasonably refused.
52. Hours for
Full-Time Employees
52.1 RMS and Employees
may agree to work either a standard hours arrangement or a flextime
arrangement. RMS may direct Employees to work a standard hours arrangement in
exceptional circumstances.
53. Disturbance
Allowance
53.1 Employees may be
contacted outside of normal work hours to assist with or co-ordinate a response
to an emergency and/or breakdown without being required to attend the emergency
and/or breakdown. Employees may be contacted to put into place emergency
arrangements by contacting other Employees to attend an incident or providing
advice in response to an emergency situation.
53.2 The disturbance
allowance is:
(a) paid at a
minimum of one hour of the ordinary hours rate
(b) not paid if
the Employee’s salary exceeds the top step of Engineer Level 4.
53.3 The disturbance
allowance is payable under the following arrangements:
(a) for Employees
on standard hours or flexitime, between the hours of 8.00pm and 6.00am Monday
to Friday, all day Saturdays, Sundays, public holidays and accrued days off.
(b) for shift
workers, two hours after the completion of a shift, two hours prior to the
commencement of a shift and all day for rostered days off and accrued days off.
53.4 Where more than
one telephone call is received or made within the hour, only one hourly payment
is paid.
54. Leave Without
Pay
54.1 Approved Leave
Without Pay
(a) Employees may
be granted leave without pay (LWOP):
(i) providing
that good and sufficient reasons are shown for the leave,
(ii) up to a maximum
of three years, providing that service has been satisfactory,
(iii) on a
full-time or part-time basis,
(iv) commencing on
the first working day after the Employee ceases work or at the expiration of
paid leave, and
(v) ceasing on the
day prior to the day on which the Employee resumes work, regardless of whether
that day is a working day or not.
(b) LWOP is
granted on the understanding that RMS retains the right to:
(i) abolish any
position on the grounds of redundancy,
(ii) require an
Employee to relinquish a position, or
(iii) terminate the
Employee’s services, should circumstances during the absence, so require.
A decision made to abolish a position while an Employee
is on LWOP does not mean that the Employee will be offered a voluntary redundancy.
RMS’ policy and procedures on the management of displaced and excess staff will
apply.
(c) Employees may
not take LWOP to engage in other employment unless RMS is satisfied that the
skills and experience gained from this other employment will provide RMS with a
demonstrated benefit.
(d) LWOP does not
count as service for increment purposes where the total period exceeds five
days in any 12 months.
(e) Employees are
not required to exhaust accrued paid leave before proceeding on LWOP.
(f) If Employees
obtain approval to combine all or part of accrued paid leave with LWOP, the
paid leave must be taken before LWOP.
(g) Employees are
paid for public holidays falling during LWOP where the total period of LWOP
does not exceed ten consecutive working days.
(h) The effect of
LWOP on extended leave entitlements is set out in subclause 31.6.
(i) A permanent
appointment may be made to the Employee’s position if:
(i) The leave
without pay has continued or is likely to continue beyond the original period
of approval and is for a total period of more than 12 months; and
(ii) The Employee
is advised of RMS’s proposal to permanently backfill their position; and
(iii) The Employee
is given a reasonable opportunity to end the LWOP and return to their position;
and
(iv) RMS advised the
Employee at the time of the subsequent approval that the position will be
filled on a permanent basis during the period of LWOP.
(j) The position
cannot be filled permanently unless the above criteria are satisfied.
(k) The Employee
does not cease to be employed by RMS if their position is permanently
backfilled.
(l) Clause
54.1(i) does not apply to full-time unpaid parental leave or to military leave.
54.2 Unauthorised
Leave Without Pay
(a) Employees who do
not provide a satisfactory explanation for their absence are regarded as being
absent from work without authorised leave. As a result, Employees will not be
paid for this period of absence.
(b) Nothing in
this clause prevents RMS from taking disciplinary action against Employees for
unauthorised absences from work.
SECTION 8 - SPECIFIC PROVISIONS FOR MARITIME EMPLOYEES
55. Hours of Work
55.1 "35 hour
per week Employees" means all Maritime Division Employees that are full
time other than Senior Boating Safety Officers, Boating Safety Officers,
Riverkeepers, Team Leader Environmental Services, Environmental Service
Officers, managers at Salary level MA17A and MA17AA, and other designated
operational managers (listed at Part 3 of Schedule A).
55.2 "38 hour
per week Employees" means Boating Safety Officers, Maritime Environmental
Service Officers and the Operations Supervisor (Sydney Harbour).
55.3 SEA Officers and
their respective Team Leaders on an annualised salary: The annualised salary
covers all incidents of employment so that the ordinary hours of work shall not
be less than 161 hours per month averaged over a 12 month period, and includes
working outside core hours and occasionally on weekends (excluding public
holidays).
55.4 Maritime
Environmental Service Officers working a 12 hour day, rostered on three days on
and three days off are deemed to work an average of 1792 hours a year. Such
Employees will receive a 12 hour break between shifts.
55.5 Hours of work
will be arranged to take into consideration the specific business needs of RMS,
and where possible, the work preferences of Employees. Service and functions
provided by RMS will not be withdrawn to accommodate the absence of Employees
under the hours of work arrangements.
55.6 Unless prescribed
otherwise in the Specific Provisions, the starting and finishing times within
the spread of ordinary hours should be mutually agreed between management and
Employees, however if agreement cannot be reached the needs of the organisation
must prevail and managers will therefore determine starting and finishing
times.
55.7 Once starting
and finishing times have been established, reasonable notice will be given
(normally 5 calendar days) of any changes required.
55.8 The working of
additional hours within the spread of hours will be by reasonable notice from
management.
55.9 Ordinary Hours -
35 hour per week Employees (other than those which have specific provisions or
are on an annualised salary).
(a) Ordinary hours
will be an average of 35 hours per week over a cycle of four weeks on any day
Monday to Friday to be determined by each business unit provided the total
number of hours worked are 140 hours for Employees on a four week cycle, 280
hours for Employees on an eight week cycle, or 420 hours for Employees on a
twelve week cycle.
(b) the span of
ordinary hours are between 0700 and 1900.
55.10 Ordinary Hours -
38 hour per week Employees (other than those which have specific provisions or
are on an annualised salary).
(a) Ordinary hours
will be an average of 38 hours per week over a cycle of four weeks on any day
Monday to Friday to be determined by each business unit provided the total
number of hours worked are 152 hours for Employees on a four week cycle, 304
hours for Employees on an eight week cycle, or 456 hours for Employees on a
twelve week cycle.
(b) the span of
ordinary hours are between 0600 and 1800.
55.11 A meal break will
be taken not more than 5 hours after commencing duty and shall be a minimum of
30 minutes. The time taken for a meal break will not count as hours worked.
55.12 Notwithstanding
the provisions of this clause, an Employee and their manager may agree to other
arrangements provided they meet the needs of the business and the contract
hours are worked within the cycle.
55.13 Unless prescribed
otherwise:
(a) call back:
Employees recalled to work will be entitled to be paid a minimum of 4 hours at
the appropriate rate on the understanding this provision will not apply to
Employees called in to work early in which case, if outside the spread of
ordinary hours, they shall be paid at the overtime rate.
(b) 10 hour break:
Where an Employee works additional hours, the Employee shall not be required to
return to work for duty for a least ten consecutive hours between the
termination of work on one day and the commencement of work on the next day.
The Employee shall be provided with a break without loss of pay for ordinary
working time occurring during such absence.
56. Additional
Hours
56.1 The provisions
of this clause do not apply to the positions of Senior Boating Safety Officers,
Boating Safety Officers, Riverkeepers, Marine Investigators, Team Leaders in
Environmental Services, Environmental Service Officers, Survey, Examination and
Audit Officers, Managers at Salary Level MA17, MA17A, MA17AA, and other
designated operational managers (listed at Part 3 of Schedule A)
56.2 Hours worked in
addition to the total number of ordinary hours required to be worked are
‘additional hours’ and shall only be worked/accrued with the agreement of the
Employer.
56.3 Additional hours
up to a maximum of 21 hours per four week cycle are to be taken off at a
mutually convenient time, as time off in lieu on the basis of one hour per
additional hour worked. Additional hours accrued at the end of each cycle may
be carried over to the next cycle by mutual agreement. In circumstances where
operational requirements do not allow for time off in lieu within a 3 month
period, the Employer may authorise for the additional hour(s) to be paid out at
ordinary single time after the expiration of 3 months.
56.4 Additional hours
worked in excess of 21 hours in a four week cycle are paid at time and a half
up to 28 hours and double time thereafter or alternatively, by agreement, taken
as time off in lieu at ordinary time.
57. Overtime
57.1 The provisions
of this clause shall not apply to positions on Annualised Salaries.
57.2 The following
overtime provisions will apply to Employees who work outside the span of ordinary
hours outlined in clause 56 (Additional Hours).
57.3 35 hour per week
Employees - Overtime worked Monday to Saturday will be paid at the rate of time
and a half for the first two hours and double time thereafter. Overtime worked
on a Sunday will be paid at the rate of double time.
57.4 38 hour per week
Employees - overtime worked Monday to Saturday will be paid at the rate of
double time. Overtime worked on a Sunday will be paid at the rate of double
time and one half.
57.5 Overtime worked
on a public holiday will be paid at the rate of double time and one half in
addition to the normal remuneration for that day.
57.6 Employees
required to work overtime beyond the spread of hours Monday to Friday to beyond
12.30pm on Saturdays, Sunday and Public Holiday will be entitled to a paid
meal.
58. Fitness for
Duty
58.1 It shall be a
condition of employment that Boating Safety Officers and Environmental Service
Officers maintain a level of fitness consistent with the demands of the
position. This will ensure the continued health and safety of BSOs and ESOs and
as such recognises that there is a range of environmental and operational
conditions that could impact on the health of an officer.
58.2 Subsequent to
appointment and, in order to ensure that prescribed fitness standards are
maintained BSOs and ESOs will be required to be medically assessed every two
years or on a more frequent basis if indicated by medical advice. Wherever
possible medical examinations, to a prescribed format, shall be carried out by
the Employer’s Occupational Health Physician, or by other similarly qualified
practitioners nominated by the Employer.
58.3 The ongoing
standard of fitness required of BSOs and ESOs will be determined as required by
the Employer’s Occupational Health Physician having regard to the nature of the
job and the circumstances under which it is performed. The Employer shall
provide a list of suitable female doctors for medicals.
58.4 An officer who
fails to meet the prescribed fitness standards will be given an appropriate
period of time, as determined on medical advice, to achieve the level of
fitness required. Subsequently, an officer who fails the medical re-assessment
or who is deemed on medical advice not capable of regaining or maintaining an
acceptable level of fitness, will be rehabilitated to another position in
accordance with the RMS Fitness To Continue Procedure.
58.5 An officer who
fails to meet the fitness standards and/or is advised by the consulting
physician on lifestyle changes, initiatives to improve fitness or other
measures, shall be referred to his/her personal doctor for further
investigation. Henceforth any additional costs incurred by the officer, for the
purpose of re-gaining the required level of fitness, will be the responsibility
of the officer concerned.
58.6 BSOs and ESOs
returning to work after long term absences from active work will be required to
undergo a periodic assessment before the commencement of duties. Officers
returning to active duties after a prolonged illness or injury will be required
to submit a private medical clearance before the resumption of duties, as well
as undergoing their periodic medical when it falls due.
59. Allowances
59.1 On-call
Allowance
Employees who are rostered to be on call, in the event
of an emergency, outside core hours and at weekends and on Public Holidays are
entitled to the on call allowance specified in item 19(b) of Schedule B.
59.2 Childcare
Allowance
The Employer agrees to provide assistance with the cost
of child care fees up to the maximum amount listed in item 21 of Schedule B per
child where the Employee’s children are in registered/approved child care
facilities (ie. long day care and vacation care) in accordance with the RMS
Child Care Subsidy Procedure (as varied from time to time).
59.3 Gym Membership
The Employer agrees to provide assistance with the cost
of gym memberships up to the maximum amount listed in item 22 of Schedule B in
accordance with the RMS Gym Subsidy Scheme (as varied from time to time).
59.4 Environmental
Services Master 5 Allowance
Maritime Employees who hold a Master 5 qualification to
carry out duties on specific Environmental Services vessels are entitled to the
allowance specified in item 23 of Schedule B.
60. Conditions
Applicable to Managers at Salary Level MA17A and MA17AA, including Team
Leaders, Commercial Vessel, Survey and Certification.
60.1 The annualised
salary covers all incidents of employment and counts for superannuation
purposes. All incidents of employment includes ordinary hours, excess hours,
time in lieu, overtime and weekend or public holiday penalties. No additional
payments will be made nor is time in lieu to be taken or paid.
60.2 The annualised
salary is payable provided the Managers have worked at least 161 hours per four
week cycle averaged over a 12 month period, other than for agreed leave
periods. The annualised salary shall cease to be paid if the Manager reverts to
the working of ‘ordinary hours’ for a 35 hour week Employee. In such case the
Manager will be paid at the relevant Maritime Officer rate.
60.3 For Employees on
annualised salary, their ordinary hours shall be worked on any day Monday to
Sunday. Ordinary hours will exclude the meal breaks which will be a minimum of
30 minutes subject to operational requirements and not count as hours worked.
60.4 Notwithstanding
any other provisions of this clause, the Employer and the Employee may agree to
other arrangements provided they meet the needs of the business unit and the
contract hours are worked within the cycle.
61. Conditions
applicable to Senior Boating Safety Officers (SBSOs), Boating Safety Officers
(BSOs), Boating Education Officers and Riverkeepers.
61.1 Any reference to
Boating Safety Officers should also be read as referring to Senior Boating
Safety Officers (SBSOs) and Riverkeepers.
61.2 The parties
agree to maintain, where necessary, an on call capability to deal with
emergencies or other urgent needs or demands which arise from time to time and
the deployment of staff within regions to augment resources available for the
conduct of special operations.
61.3 In order to
provide optimum services it is accepted that full staffing will be required
during December and January. Accordingly, there will be a restriction on taking
leave throughout this period unless the leave is approved Sick Leave, Personal
Carer’s Leave, Parental Leave and approved Extended Leave provided these forms
of leave are not to be used in lieu of Annual Leave. The ability to take leave
throughout the rest of the year is subject to the needs of each regional
business unit.
61.4 The annualised
salary is only payable when an Employee is routinely working weekends and
public holidays in accordance with the ordinary hours of work contained in
subclause 61.5, other than for agreed periods when weekend work is not required
and periods of annual, parental, maternity, adoption, extended leave, special
leave and jury duty or workers compensation until the statutory rate is
applied. The annualised salary shall cease to be paid if the Employee ceases to
work the required hours of the annualised salary, other than for leave in
accordance with this sub-paragraph, and the Employee will revert to the
relevant pay rate.
61.5 Ordinary Hours
of Work
(a) The BSO’s role
is principally day work. Nothing in this Award is intended to provide any means
to either of the parties to convert this work to a quasi shift work
arrangement.
(b) There are no
fixed hours and the expectation is that each BSO will arrange his/her hours to
cover the work required. This may involve working more or less than 7.6 hours
per day, working additional hours and/or taking time in lieu.
(c) The ordinary
hours of work shall be worked on any day Monday to Sunday in accordance with
the operational needs of the business.
(d) The ordinary
hours of work shall be an average of 38 hours per week (152 hours for Employees
on a 4 week cycle, 304 hours for Employees on an 8 week cycle, and 456 hours
for Employees on a 12 week cycle).
(e) It is
recognised that the usual span of hours will be between 6am and 6pm on any day
Monday to Sunday. Employees may be required to work outside the usual span of
ordinary hours.
(f) A meal break
will be taken not more than five hours after commencing work and shall be a
minimum 30 minutes and will not count as time worked.
(g) The ordinary
hours of work required to be worked shall include two consecutive days off
after working 5 days in lieu of a Saturday and Sunday, except in the case of a
call out for a designated emergency or as otherwise required by the Employer.
(h) If a rostered
day off falls on a public holiday and the BSO has worked on that day, then an
alternative RDO shall be taken. Wherever possible, alternative RDOs will be
scheduled so that 2 consecutive RDOs may be taken. The day off will coincide
with the Employee’s preference where possible.
(i) Rosters may
require Employees to work 15 weekends or the equivalent 30 weekend days between
the start of February and the end of November each year, subject to business
and rostering needs.
(j) Employees may
be required to work hours outside the ordinary span of hours in accordance with
the operational needs of the business unit. Where hours are directed to be worked,
and are considered by the Employee to be excessive, the work will be performed,
if it is safe to do so, and any such grievance can be progressed by the
relevant grievance policy/procedures.
61.6 Additional Hours
(a) Any hours to
be worked outside the Ordinary Hours required to be worked pursuant to 152
hours per four week period are "Additional hours" and must have the
approval of the Employer.
(b) A reasonable
number of additional hours shall be worked to accommodate the functions of RMS.
(c) Additional
hours worked by BSOs between 0600 and 1800 are to be taken as time in lieu at
an agreed time on the basis of one hour for each additional hour worked. In the
event that the Employee cannot take the time in lieu within a reasonable time
period (or within a three month period), then the Employer may authorise for
the additional hour(s) to be paid out at ordinary single time.
(d) Where
additional hours are directed to be worked, and are considered by the Employee
to be excessive, the work will be performer, if it is safe to do so, and any
grievance will be pursued in accordance with clause 6 Grievance Procedure of
this Award.
(e) Notwithstanding
other provisions contained in subclause 61.4, an Employee and their Manager may
agree to other arrangements provided they meet the needs of the business and
the total number of ordinary hours to be worked within the 12 month period.
(e) At the request
of the Employer, BSOs will undertake duties from time to time outside their
usual span of ordinary hours of work as follows:
(i) Any hours
worked in excess of the ordinary hours required to be worked pursuant to
subclause 61.5 above are "Additional hours" and must have the
approval of the Employer.
(ii) A reasonable
number of additional hours shall be worked to accommodate the functions of RMS.
61.7 Work Outside
Ordinary Hours
(a) Employees may
be required to work outside the usual span of hours prescribed in subclause
61.5.
(b) Hours worked
outside the usual span of hours shall accrue as double the usual time in lieu
and taken as time off in lieu, provided that where it is not possible to take
time off in lieu, the time accrued will be paid out at single time (not taken
within a 3 month period).
(c) The provisions
of subclause 61.5(b) above shall not apply in the event of on-water emergencies
which began during the usual work period.
For example for 4 hours worked outside the hours of
0600-1800, excluding on-water emergencies, a BSO will accrue 8 hours time in lieu
to be taken as 8 hours or paid as 8 hours at single time.
62. Conditions
Applicable to Team Leaders Environmental Services (TLES) and Environmental
Service Officers (ESOs).
62.1 The roster and
annualised salaries makes provision for:
(a) 12 hour shifts,
(b) working three
days on/three days off
(c) 190 hours
annual leave
(d) Ordinary hours
being 0600 to 1800 Monday to Sunday
(e) Sick Leave and
Higher Duties allowance calculated at 10.86 hours a day.
(f) 55 minute
break
(g) Additional 14
minutes paid with the annualised salary at ordinary time rate not the overtime
rate.
(h) Working 5
public holidays in a twelve month period.
(i) Working
special aquatic events on Boxing Day, New Year’s Eve and Australia Day
(j) No accrual of
additional hours or time in lieu.
62.2 The annualised
salary shall count for superannuation purposes.
62.3 The annualised
salary includes provision to work a rostered 12 hour day, three days on, three days
off including weekends and public holidays, other than for approved leave. The
annualised salary shall cease to be paid if for any reason the officer reverts
to working a 38 hour week instead of the 12 hour day, 3 days on, 3 days off
roster including public holidays and special leave events. The Employee will be
paid at the applicable Maritime Officer classification.
62.4 The ordinary
hours of work are up to 12 hours, 0600 to 1800, Monday to Sunday, however, in
exceptional circumstances such as aquatic events, start and finish times and
the number of hours may be varied to suit business needs, following
consultation and reasonable notice.
62.5 Overtime shall
be paid for hours worked at the following rates:
(a) double time
for hours worked in excess of 12 on Monday to Saturday;
(b) double time
and a half for hours worked in excess of 12 on Sunday;
(c) double time
and a half in addition to normal remuneration for hours worked in excess of 12
on a public holiday.
62.6 A minimum of
four hours shall be paid at the appropriate overtime rate when called back to
work for an emergency e.g. oil spill;
62.6 Any overtime
payable as per this subclause shall be paid on the base hourly rate of the
position and not at the annualised rate.
62.7 Employees
required to work overtime beyond the ordinary spread of hours Monday to Sunday
and Public Holidays will be entitled to a Meal Allowance.
62.8 Annual and
Extended leave may only be taken in accordance with the Leave Roster.
63. Conditions
Applicable to the Payment of Annualised Salaries
63.1 Annualised
salaries shall cease to be paid if for any reason an Employee does not work the
requisite hours and/or weekends, public holidays or special events and/or
reverts to working the ‘ordinary hours’ applicable to 35 hours or 38 hours per
week Employees. In such cases, the Employee shall be paid at the relevant rate
contained in the Maritime Officer Scale.
(a) For Designated
Managerial Positions on an Annualised Salary: The annualised salaries covers
all incidents of employment including excess hours, time in lieu, overtime and
weekend and public holiday penalties. No additional payments will be made nor
is time in lieu to be taken or paid. Position holders will be reviewed annually
and where the ordinary hours of work are less than 161 per month, the
provisions of subclause 63.1 above will apply.
(b) For
Operational Positions on an Annualised Salary: The annualised salaries cover
incidents of employment including working weekends and public holidays, the
requisite special aquatic events on Boxing Day, New Years Eve and Australia
Day. For Team Leaders, Environmental Services and Environmental Services
Officers, the annualised salary also covers ordinary hours of work to include
working a 12 hour day, 3 days on and 3 days off.
(c) For
Investigators on an Annualised Salary: The annualised salary covers all
incidents of employment so that the ordinary hours of work shall not be less
than 161 hours per month averaged over a 12 month period, and includes routinely
working outside core hours, and on weekends and public holidays as required by
business needs.
(d) For SEA
Officers and their respective Team Leaders on an Annualised Salary: The
annualised salary covers all incidents of employment so that the ordinary hours
of work shall not be less than 161 hours per month averaged over a 12 month
period, and includes working outside core hours and occasionally on weekends
(excluding public holidays).
(e) Remote
Supervision positions on an Annualised Salary: The annualised salary covers all
incidents of employment and includes the requirement to supervise a large
number of people and routinely work outside core hours and on weekends and
public holidays.
63.2 Certain
positions or categories of employment have agreed to be on annualised salaries.
Salary grades suffixed with an "A" represent annualised salaries in
Part 3 of Schedule A. "AA" also represents an annualised salary but
for a different category of Employee.
64. Competency Progression of Maritime Employees
64.1 All new
appointed Boating Safety Officers (BSOs), Riverkeepers, Product Services
Officers (PSOs), permanent full-time Boating Education Officers (BEOs),
Associate Auditor/Surveyors (AA/Ss) and Associate Naval Architect (ANA) have a
probationary period of six months linked to their competency training program
and salary progression system.
64.2 SEA Officers
have a probationary period of 3 months and progress through a rotation program
in each of the sections of Commercial Vessel Survey and Certification Branch.
64.3 BEOs are graded
as MA5A, and their next progression is to BSO (subject to merit selection).
64.4 BSOs and
Riverkeepers are graded as MA5A - entry level; MA7A - mid level (6 months post
appointment); and MA10A - fully competent (12 months post appointment).
64.5 PSOs are graded
as MA3 and progress through the grades to MA6.
64.6 AA/Ss progress
from grade MA7A to MA9A (12 months), to MA11A (24 months), to MA13A (36
months).
64.7 The ANA
progresses from grade MA7A (entry level) to MA9A (12 months), to MA11A (24
months), to MA13A (36 months).
64.8 SEA Officers are
initially graded as MA14A and progress to MA15A.
64.9 Maritime
Services Trainees are remunerated in accordance with the Crown Employees
(Public Service Training Wage (Award)).
65. Change of
Position
65.1 Current
Employees who change their role involving a different skill set to that for
which they were employed as CSO to BSO will have a ‘fit for position’ period agreed
between the Employer and the Employee and be able to return to their
immediately preceding substantive position if either the Employee or Employer
find they are not compatible with the new role. If the Employee returns to
their substantive position, an unreasonable failure to meet their work
requirements may be viewed as a refusal to perform duties.
66. Specific Provisions for Special Extraordinary
Aquatic Events
66.1 Maritime
Division will determine, in consultation with Employees and /or their Employee
representatives, which events fall into the category of Special Extraordinary
Aquatic Events and the dates of such events. In such cases the working
arrangements/compensation for on-water Employees required to work to support
Special Extraordinary Aquatic Events are as follows:
(a) SBSOs, BSOs
and Riverkeepers
If the day falls on an RDO they will be entitled to an
alternative RDO at a time which suits business needs.
Where one month’s notice is not given to a BSO that
they are required to work on their RDO for a Special Extraordinary Aquatic
Event, that BSO will be entitled to an additional RDO of 7.6 hours to be taken
subject to needs of each regional business unit.
If the day falls on a normal working day, they will
work as normal, and will only be granted a day off in lieu if the event is
gazetted as an additional Public Holiday which means that the day is extra to
the Public Holidays for which they already have been remunerated in their
salary package.
(b) Team Leaders
Environmental Services and Environmental Service Officers
If the days falls on an RDO they will be entitled to an
alternate RDO at a time which suits business needs.
If the days falls on a normal working day, they will
work as normal, and will only be granted a day off in lieu if the event is
gazetted as an additional Public Holiday which means that the day is extra to
the Public Holidays for which they already have been remunerated in their
salary package.
If they work more than 12 hours they will be paid
overtime.
(c) Hydrographic
Surveyors
If the day falls on a normal working day, they will
work as normal. If the event is gazetted as Public Holiday they will be paid
the appropriate penalty rates for the time worked.
If the day falls on a weekend, they will be paid appropriate
penalty rates for time worked.
SCHEDULE A - CLASSIFICATION STRUCTURE AND RATES OF PAY
PART 1
Salaried Employee Classifications (including Inspectors
- Vehicle Regulation)
|
2.27% increase
|
2.27% increase
|
2.03% increase
|
Unified Salary
Scale
|
1 July 2013
|
1 July 2014
|
1 July2015
|
Grades
|
Per annum
|
Per annum
|
Per annum
|
|
$
|
$
|
$
|
Grade
1
|
34,940
|
35,733
|
36,458
|
|
38,322
|
39,192
|
39,988
|
|
43,811
|
44,806
|
45,716
|
Grade 2
|
46,206
|
47,255
|
48,214
|
|
48,303
|
49,399
|
50,402
|
|
50,100
|
51,237
|
52,277
|
Grade 3
|
53,197
|
54,405
|
55,509
|
|
55,689
|
56,953
|
58,109
|
|
58,284
|
59,607
|
60,817
|
Grade 4
|
60,061
|
61,424
|
62,671
|
|
62,416
|
63,833
|
65,129
|
|
64,872
|
66,345
|
67,692
|
Grade 5
|
67,101
|
68,624
|
70,017
|
|
69,272
|
70,844
|
72,282
|
|
70,519
|
72,120
|
73,584
|
Grade 6
|
72,067
|
73,703
|
75,199
|
|
74,254
|
75,940
|
77,482
|
|
76,684
|
78,425
|
80,017
|
Grade 7
|
78,353
|
80,132
|
81,759
|
|
81,119
|
82,960
|
84,644
|
|
82,692
|
84,569
|
86,286
|
Grade 8
|
86,085
|
88,039
|
89,826
|
|
89,580
|
91,613
|
93,473
|
|
92,377
|
94,474
|
96,392
|
Grade 9
|
96,627
|
98,820
|
100,826
|
|
99,403
|
101,659
|
103,723
|
|
103,876
|
106,234
|
108,391
|
Grade 10
|
106,498
|
108,916
|
111,127
|
|
110,699
|
113,212
|
115,510
|
|
116,384
|
119,026
|
121,442
|
Grade 11
|
119,981
|
122,705
|
125,196
|
|
125,204
|
128,046
|
130,645
|
|
128,023
|
130,929
|
133,587
|
Grade 12
|
135,515
|
138,591
|
141,404
|
|
139,470
|
142,636
|
145,532
|
|
144,342
|
147,619
|
150,616
|
Grade 13
|
148,650
|
152,024
|
155,110
|
|
152,502
|
155,964
|
159,130
|
|
159,811
|
163,439
|
166,757
|
PART 2
Professional Engineers
|
Year
|
2.27% increase 1
|
2.27% increase
|
2.03% increase
|
Engineering Scale
|
|
July
|
1 July
|
1 July
|
|
|
2013
|
2014
|
2015
|
|
|
Per annum
|
Per annum
|
Per annum
|
|
|
$
|
$
|
$
|
Cadet Engineer Level 1
|
-
|
37,051
|
37,892
|
38,661
|
Cadet Engineer Level 2
|
-
|
39,190
|
40,080
|
40,894
|
Cadet Engineer Level 3
|
-
|
41,579
|
42,523
|
43,386
|
Cadet Engineer Level 4
|
-
|
44,206
|
45,209
|
46,127
|
Cadet Engineer Level 5
|
-
|
47,621
|
48,702
|
49,691
|
Cadet Engineer Level 6
|
-
|
48,111
|
49,203
|
50,202
|
GRAD Program Engineer
|
1
|
68,006
|
69,550
|
70,962
|
|
2
|
70,204
|
71,798
|
73,255
|
|
3
|
71,471
|
73,093
|
74,577
|
Engineer Level 1
|
1
|
79,412
|
81,215
|
82,864
|
|
2
|
82,216
|
84,082
|
85,789
|
|
3
|
83,810
|
85,712
|
87,452
|
|
4
|
87,249
|
89,230
|
91,041
|
|
5
|
90,787
|
92,848
|
94,733
|
|
6
|
93,624
|
95,749
|
97,693
|
Engineer Level 2
|
1
|
97,930
|
100,153
|
102,186
|
|
2
|
100,745
|
103,032
|
105,124
|
|
3
|
105,278
|
107,668
|
109,854
|
Engineer Level 3
|
1
|
107,934
|
110,384
|
112,625
|
|
2
|
112,192
|
114,739
|
117,068
|
|
3
|
117,954
|
120,632
|
123,081
|
Engineer Level 4
|
1
|
121,601
|
124,361
|
126,886
|
|
2
|
126,893
|
129,773
|
132,407
|
|
3
|
129,748
|
132,693
|
135,387
|
Engineer Level 5
|
1
|
137,339
|
140,457
|
143,308
|
|
2
|
141,352
|
144,561
|
147,496
|
|
3
|
146,292
|
149,613
|
152,650
|
Engineer Level 6
|
1
|
150,659
|
154,079
|
157,207
|
|
2
|
154,561
|
158,070
|
161,279
|
|
3
|
161,968
|
165,645
|
169,008
|
Note: All salary rates in this table include 1.35%
annual leave loading.
Professional Engineers Level Descriptions
Engineer Level 1
The Professional Engineer (as defined) commencement
level.
The engineer undertakes initial professional engineering
tasks of limited scope and complexity, such as minor phases of broader
assignments, in office, plant, field or laboratory work.
Classification Level definition
Under supervision from higher-level Professional Engineers
as to method of approach and requirements, the Professional Engineer performs
normal professional engineering work and exercises individual judgement and
initiative in the application of engineering principles, techniques and
methods.
In assisting more senior Professional Engineers by
carrying out tasks requiring accuracy and adherence to prescribed methods of
engineering analysis, design or computation, the engineer draws upon advanced
techniques and methods learned during and after the undergraduate course.
Training, development and experience using a variety of
standard engineering methods and procedures enable the Professional Engineer to
develop increasing professional judgement and apply it progressively to more
difficult tasks at Level 2.
Decisions are related to tasks performed, relying upon
precedent or defined procedures for guidance. Recommendations are related to
solution of problems in connection to the tasks performed.
Work is reviewed by higher-level Professional Engineers
for validity, adequacy, methods and procedures. With professional development
and experience, work receives less review, and the Professional Engineer
progressively exercises more individual judgement until the level of competence
at Level 2 is achieved.
The Professional Engineer may assign and check work of
technical staff assigned to work on a common project.
Engineer Level 2
Classification Level definition
Following development through Level 1 he/she is an
experienced engineer (as defined) who plans and conducts professional
engineering work without detailed supervision, but with guidance on unusual
features and who is usually engaged on more responsible engineering assignments
requiring substantial professional experience.
Engineer Level 3
Classification Level definition
A Professional Engineer performing duties requiring the
application of mature professional engineering knowledge. With scope for
individual accomplishment and co-ordination of more difficult assignments, the
Professional Engineer deals with problems for which it is necessary to modify
established guides and devise new approaches.
The Professional Engineer may make some original
contribution or apply new professional engineering approaches and techniques to
the design or development of equipment or special aspects of products,
facilities and buildings.
Recommendations may be reviewed for soundness of
judgement but are usually regarded as technically accurate and feasible. The
Professional Engineer makes responsible decisions on matters assigned,
including the establishment of professional engineering standards and
procedures, consults, recommends and advises in speciality engineering areas.
Work is carried out within broad guidelines requiring
conformity with overall objectives, relative priorities and necessary
co-operation with other units. Informed professional engineering guidance may
be available.
The Professional Engineer outlines and assigns work,
reviews it for technical accuracy and adequacy, and may plan, direct, co-ordinate
and supervise the work of other professional and technical staff.
Engineer Level 4
Classification Level definition
A Professional Engineer required to perform
professional engineering work involving considerable independence in approach,
demanding a considerable degree of originality, ingenuity and judgement, and
knowledge of more than one field of, or expertise (for example, acts as his/her
organisation’s technical reference authority) in a particular field of
professional engineering.
The Professional Engineer:
initiates or participates in short-range or long-range
planning and makes independent decisions on engineering policies and procedures
within an overall program;
gives technical advice to management and operating
departments;
may take detailed technical responsibility for product
development and provision of specialised engineering systems, facilities and
functions;
co-ordinates work programs; and
directs or advises on use of equipment and material.
The Professional Engineer makes responsible decisions
not usually subject to technical review, decides courses of action necessary to
expedite the successful accomplishment of assigned projects, and may make
recommendations involving large sums or long-range objectives.
Duties are assigned only in terms of broad objectives
and are reviewed for policy, soundness of approach, accomplishment and general
effectiveness.
The Professional Engineer supervises a group or groups
including Professional Engineers and other staff, or exercises authority and
technical control over a group of professional staff, in both instances engaged
in complex engineering applications.
Engineer Level 5
Classification Level Definition
A Professional Engineer usually responsible for an engineering
administrative function, directing several professional and other groups
engaged in inter-related engineering responsibilities, or as an engineering
consultant. Achieving recognition as an authority in an engineering field of
major importance to the organisation.
The Professional Engineer independently conceives
programs and problems to be investigated and participates in discussions
determining basic operating policies, devising ways of reaching program
objectives in the most economical manner and of meeting any unusual conditions
affecting work progress.
The Professional Engineer makes responsible decisions
on all matters, including the establishment of policies and expenditures of
large sums of money and/or implementation of major programs, subject only to
overall policy and financial controls.
The Professional Engineer receives administrative
direction based on organisation policies and objectives. Work is reviewed to
ensure conformity with policy and co-ordination with other functions.
The Professional Engineer reviews and evaluates
technical work; selects, schedules, and co-ordinates to attain program
objectives: and/or as administrator, makes decisions concerning selection,
training, performance management and remuneration of staff.
Engineer Level 6
Classification Level Definition
A Professional Engineer usually responsible for a
high-level engineering administrative and/or management function, directing and
taking responsibility for several professional and other groups engaged in inter-related
engineering responsibilities, or acts as the principal of a specialist
engineering consulting organisation. Has achieved recognition as an authority
in an engineering field of major importance to the organisation.
The Professional Engineer independently conceives
programs and problems to be investigated and arrives at solutions. Initiates
and participates in discussions determining basic operating policies, devising
ways or reaching program objectives in the most economical manner and of meeting
and overcoming any unusual conditions affecting work progress.
The Professional Engineer takes responsibility for
decisions on all matters contained in area of management, including the
establishment and promulgation of policies. Directs expenditures of large sums
of money and/or implementation of major programs, subject only to overall
organisational policy and financial controls.
The Professional Engineer reports only to high-level
management and receives direction based on overall organisation policies and
objectives. Reviews work assigned by high level management prior to delegation
of tasks to others to ensure conformity with organisational policy and
co-ordination with other organisational functions and outside agencies.
The Professional Engineer approves critical technical
output from areas under management; selects, schedules, and co-ordinates to
attain program objectives. As manager, selects upper level staff, and initiates
training, performance management and decisions on remuneration of all staff
under direction.
PART 3
Maritime Employee Classifications
|
2.27% increase
|
2.27% increase
|
2.03 % increase
|
Level
|
1 July 2013
|
1 July 2014
|
1 July 2015
|
|
Per annum
|
Per annum
|
Per annum
|
|
$
|
$
|
$
|
Maritime Officer
|
1
|
44,201
|
45,204
|
46,122
|
2
|
48,366
|
49,464
|
50,468
|
3
|
56,155
|
57,430
|
58,596
|
4
|
58,803
|
60,138
|
61,359
|
5
|
63,227
|
64,662
|
65,975
|
6
|
66,210
|
67,713
|
69,088
|
7
|
71,180
|
72,796
|
74,274
|
8
|
74,535
|
76,227
|
77,774
|
9
|
80,128
|
81,947
|
83,611
|
10
|
83,909
|
85,814
|
87,556
|
11
|
90,205
|
92,253
|
94,126
|
12
|
94,456
|
96,600
|
98,561
|
13
|
101,540
|
103,845
|
105,953
|
14
|
106,317
|
108,730
|
110,937
|
15
|
114,287
|
116,881
|
119,254
|
16
|
119,667
|
122,383
|
124,867
|
17
|
128,626
|
131,546
|
134,216
|
Annualised Salaries(*)
|
5A
|
81,955
|
83,815
|
85,516
|
7A
|
89,911
|
91,952
|
93,819
|
7AA
|
87,291
|
89,273
|
91,085
|
9A
|
96,072
|
98,253
|
100,248
|
10A
|
102,639
|
104,969
|
107,100
|
10AA
|
102,901
|
105,237
|
107,373
|
11A
|
108,935
|
111,408
|
113,670
|
12A
|
113,185
|
115,754
|
118,104
|
13A
|
112,922
|
115,485
|
117,829
|
14A
|
125,047
|
127,886
|
130,482
|
15A
|
133,015
|
136,034
|
138,795
|
15AA
|
133,706
|
136,741
|
139,517
|
16A
|
139,087
|
142,244
|
145,132
|
16AA
|
139,087
|
142,244
|
145,132
|
17A
|
142,749
|
145,989
|
148,953
|
17AA
|
148,045
|
151,406
|
154,480
|
*Includes the following operational positions
|
MA17AA
|
Manager, Operations (various)
|
MA16AA
|
|
MA15AA
|
Team Leader, Commercial Vessel Survey & Certification
(various)
|
MA17A
|
|
MA16A
|
Manager, Maritime Investigations
|
MA17A
|
Manager, Wharf Safety & Grants
|
MA17A
|
Team Leader Initial Survey
|
MA17A
|
Team Leader Periodic Survey & SMS
|
MA17A
|
Team Leader Marine Certification
|
MA16A
|
Marine Certification Officer
|
MA11A
|
SEA Officer
|
MA14A -
|
|
MA15A
|
Senior Maritime Investigations Officer
|
MA14A
|
Associate Auditor/Surveyor
|
Entry Level
|
MA7A
|
|
After 12 months
|
MA9A
|
|
After 24 months
|
MA11A
|
|
After 36 months
|
MA13A
|
Associate Naval Architect
|
Entry Level
|
MA7A
|
|
After 12 months
|
MA9A
|
|
After 24 months
|
MA11A
|
|
After 36 months
|
MA13A
|
Senior Boating Safety Officer
|
MA12A
|
Boating Safety Officer
|
Entry Level
|
MA5A
|
|
Intermediate
|
MA7A
|
|
Fully Competent
|
MA10A
|
Riverkeeper
|
Entry Level
|
MA5A
|
|
Intermediate
|
MA7A
|
|
Fully Competent
|
MA10A
|
Team Leader, Maritime Environmental Services
|
MA10AA
|
Maritime Environmental Services Officer
|
MA7AA
|
Boating Education Officer
|
MA5A
|
SCHEDULE B - ALLOWANCES AND EXPENSES*
Item No.
|
Clause No.
|
Description
|
Amount
|
|
|
|
|
$
|
|
1
|
20.2.1(b)
|
Meal Allowance while Travelling
|
Per meal
|
|
|
|
Capital Cities & High Cost Country Centres (refer to
|
|
|
|
|
(5) below)
|
|
|
|
|
Breakfast
|
24.90
|
|
|
|
Lunch
|
28.00
|
|
|
|
Evening Meal
|
47.75
|
|
|
|
‘Tier 2’ Country Centres & ‘Elsewhere’ (refer to (5)
|
|
|
|
|
below)
|
22.30
|
|
|
|
Breakfast
|
25.45
|
|
|
|
Lunch
|
43.85
|
|
|
|
Evening Meal
|
|
|
2
|
23.4
|
Meal Allowance on Overtime
|
Per meal
|
|
|
|
Breakfast
|
27.70
|
|
|
|
Lunch
|
27.70
|
|
|
|
Evening Meal
|
27.70
|
|
3
|
20.3
|
Lodgings
|
Per Day
|
Per Hour
|
|
|
Location
|
$
|
$
|
|
|
|
|
|
|
|
|
|
|
|
|
Capital Cities
|
|
|
|
|
Sydney
|
301.85
|
12.58
|
|
|
Adelaide
|
275.85
|
11.49
|
|
|
Brisbane
|
319.85
|
13.33
|
|
|
Canberra
|
286.85
|
11.95
|
|
|
Darwin
|
320.85
|
13.37
|
|
|
Hobart
|
250.85
|
10.45
|
|
|
Melbourne
|
291.85
|
12.16
|
|
|
Perth
|
351.85
|
14.66
|
|
|
High Cost Country Centres (NSW)
|
|
|
|
|
Gold Coast
|
267.85
|
11.16
|
|
|
Newcastle
|
261.85
|
10.91
|
|
|
Wagga Wagga
|
259.85
|
10.83
|
|
|
Wollongong
|
254.85
|
10.62
|
|
|
|
|
|
|
|
‘Tier 2’ Country Centres (NSW)
|
|
|
|
|
Bathurst
|
241.80
|
10.08
|
|
|
Broken Hill
|
241.80
|
10.08
|
|
|
Dubbo
|
241.80
|
10.08
|
|
|
Gosford
|
241.80
|
10.08
|
|
|
Goulburn
|
241.80
|
10.08
|
|
|
Maitland
|
241.80
|
10.08
|
|
|
Muswellbrook
|
241.80
|
10.08
|
|
|
Orange
|
241.80
|
10.08
|
|
|
Port Macquarie
|
241.80
|
10.08
|
|
|
Queanbeyan
|
241.80
|
10.08
|
|
|
All other Country Centres (NSW)
|
|
|
|
|
‘Elsewhere’
|
219.80
|
9.16
|
|
|
|
|
|
|
|
4
|
20.3
|
Incidentals
allowance (all locations)
|
18.20
|
|
|
|
per day
|
5
|
20.5.2(b)
|
Amount for incidentals deducted from actual/reasonable
|
18.20
|
|
|
expenses
|
per week
|
6
|
20.5.2(b)
|
Maximum allowance for Employee separated from dependents
|
254.00
|
|
|
|
per week
|
7(a)
|
20.5.9(a)
|
(i) Allowance for removal of furniture - value of
furniture:
|
7,037.00
|
7(b)
|
|
(ii) If value above amount in (i), Employees receive -
|
1,126.00
|
7(c)
|
|
(iii) If value below amount in (i), Employees receive -
|
563.00
|
7(d)
|
|
(iv) If not eligible, Employees shall receive -
|
281.00
|
8
|
20.5.4(c)
|
Max purchase price of home on which reimbursement of
|
520,000
|
|
|
expenses is based
|
|
9
|
20.5.7(b)
|
Rental Subsidy - Max amount of allowance to offset
increased
|
51.00
|
|
|
accommodation costs
|
|
10(a)
|
20.5.8(a)
|
Parents to pay first
|
27.00
|
|
|
|
per week
|
|
|
|
|
10(b)
|
|
RMS pays up to a maximum of
|
56.00
|
|
|
|
per week
|
11
|
20.6
|
Remote areas allowance (with dependants)
|
|
|
|
Grade A
|
1,886.00
|
|
|
Grade B
|
2,502.00
|
|
|
Grade C
|
3,341.00
|
|
|
|
|
|
|
Remote areas allowance (without dependants)
|
|
|
|
Grade A
|
1,316.00
|
|
|
Grade B
|
1,754.00
|
|
|
Grade C
|
2,340.00
|
12(a)
|
20.7
|
Fares subsidy for climatic area - actual cost less or
|
46.50
|
|
|
|
|
12(b)
|
|
Maximum amount for Employee with spouse/dependents; or
|
311.50
|
|
|
|
|
12(c)
|
|
Maximum amount for Employee without spouse/dependents
|
153.85
|
13
|
20.9
|
Sydney Harbour Bridge Allowance for Works Supervisors
|
7,926.00
|
|
|
(100%)
|
per annum
|
14
|
20.5.9(g)
|
Maximum value of furniture and effects on which risk
|
38,000.00
|
|
|
insurance is paid
|
|
15
|
20.8
|
First Aid - Holders of St John’s Ambulance Certificate or
|
806.00
|
|
|
equivalent qualifications
|
per annum
|
16
|
20.8
|
First Aid - Holders of current occupational first aid
certification
|
1,211.00
|
|
|
issued within the previous three years and in charge of a
First
|
per annum
|
|
|
Aid room in a workplace of 200 or more
|
|
17
|
20.4.2(b)
|
Use of Private Motor Vehicles on Official Business -
|
|
|
20.5.10(c)
|
|
|
|
|
Official Business Rate:
|
0.75/km
|
|
|
Over 2,600cc
|
|
|
|
|
|
|
|
1,601-2,600cc
|
0.74/km
|
|
|
|
|
|
|
Under 1,600cc
|
0.63/km
|
18
|
20.3.3(b)
|
Use of Private Motor Vehicles on Official Business -
|
|
|
20.4.2(b)
|
|
|
|
20.5.6(c)
|
Specified Journey Rate:
|
|
|
20.7(e)
|
Over 2,600cc
|
0.30/km
|
|
|
|
|
|
|
1,601-2,600cc
|
0.296/km
|
|
|
|
|
|
|
Under 1,600cc
|
0.252/km
|
19(a)
|
20.11
|
On call allowance (payable to RMS Salaried Employees other
|
70.00
|
|
|
than Maritime Employees)
|
per day
|
|
|
|
(Mon - Fri)
|
|
|
|
|
|
|
|
|
|
|
|
105.00
|
|
|
|
per day
|
|
|
|
(Sat, Sun
|
|
|
|
& P. Hol)
|
|
|
|
|
19(b)
|
59.1
|
On call allowance (payable to Maritime Employees)
|
$0.88 per
|
|
|
|
hour
|
20
|
20.5.2(b)
|
Temporary accommodation beyond first 8 weeks:
|
18.20/wk
|
|
|
Actual and reasonable out of pocket expenses for board and
|
|
|
|
lodging less the amount for incidentals
|
|
21
|
59.2
|
Assistance with Child Care fees per child (for Maritime
|
$290.00
|
|
|
Employees)
|
pa
|
22
|
59.3
|
Assistance with gym fees based on proof of attendance (for
|
$290.00
|
|
|
Maritime Employees)
|
pa
|
23
|
59.4
|
Superable skill allowance based on holding Master 5
|
$7954.00
|
|
|
Qualification to carry out duties on specific
Environmental
|
p a
|
|
|
Services vessels
|
|
24
|
20.3.1(a)
|
Applies to RMS Employees required to camp out or make use
|
$39.40
|
|
|
of caravans or boats for overnight accommodation in the
|
per day
|
|
|
course of their duties, when motel/hotel accommodation is
|
|
|
|
neither available nor appropriate.
|
|
25
|
20.10(a)
|
Uniform maintenance allowance - applies to designated RMS
|
$8.00 per
|
|
|
Salaried Employees other than Maritime Employees.
|
week
|
* Operative from 1 July 2013
APPENDIX A
Calculation of Overnight Expenses
General
The rates of overnight expenses generally reflect the
cost of meals and accommodation at a particular location. Consequently, different
daily rates apply to each capital city in Australia and to selected high cost
regional centres and a single rate applies to all other country locations.
Expenses are paid from the time of departure from
headquarters or permanent residence up to the time the Employee arrives back at
their headquarters or permanent residence.
When calculating expenses, the location of the
overnight stay will dictate the daily allowance rate that will apply and the
time of departure from each location will dictate the change from one rate to
another.
Examples
1. Travel to a
Single Destination
An Employee travels from their permanent residence at
Grafton to attend a series of meetings in Sydney necessitating an overnight
stay. The Employee departs Grafton at 6.00am and arrives back at their
permanent residence at 6.00pm the following day.
Calculation of expenses
Employees are entitled to claim 1 day 12 hours at the
Sydney expense rate.
2. Travel
itinerary involving overnight stays at a number of locations
An Employee travels for work purposes from their
headquarters in Sydney staying overnight at Newcastle, and Bathurst before
returning to Sydney. In this example, the location of the overnight stay will
dictate the daily allowance rate that will apply and the time of departure from
each location will dictate the change from one rate to the next.
The itinerary is as follows:
Day 1 - depart Sydney at 7.00am. Meetings at Newcastle.
Overnight Newcastle.
Day 2 - depart Newcastle at 8.00am. Travel to Bathurst for
meetings. Overnight Bathurst.
Day 3 - depart Bathurst midday. Travel to Sydney
arriving at permanent residence at 5.00pm.
Calculation of Expenses
1 day and 1 hour at the Newcastle expenses rate, i.e.
from time of departure at Sydney on day 1 (7.00am) to the time of departure
from Newcastle on day 2 (8.00am); and
1 day and 9 hours at the Bathurst expenses rate, i.e.
from time of departure from Newcastle (8.00am) to time of departure from
Bathurst (12.00pm) and travel back to Sydney (5.00pm).
SCHEDULE C - GRIEVANCE RESOLUTION PROCEDURE
Grievance Resolution
Procedure
Section A -
Introduction
1 Why is this procedure required and who
is it for?
Roads and Maritime Services values the contribution of
all staff to the achievement of our business objectives. The Grievance
Resolution Procedure provides guidance to all managers and staff on how to
raise and address work-related concerns and grievances promptly, impartially
and confidentially. This procedure and process may be used by:
staff to address work-related concerns and grievances
with other staff, and
managers to resolve work-related concerns and
grievances between staff.
The Grievance Resolution Procedure does not cover
matters relating to:
work health and safety or compensation [refer - Work Health
and Safety Manual]
poor performance issues [refer - Managing
Unsatisfactory Performance and Conduct Procedure]
fraud, corruption, maladministration or serious or
substantial waste of resources [refer - Corrupt Conduct and Maladministration
Prevention Policy and PN 017]
misconduct and disciplinary issues [refer - Discipline
Policy], or
personal non-work related concerns or grievances.
This procedure applies to all staff of Roads and
Maritime Services, skill hire personnel and professional service contractors.
Read this procedure in conjunction with the Workplace
Professionalism and Conduct Policy.
2 Definitions
Term
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Definition
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Grievance
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A clear statement by a staff member of a work-related
problem, concern or
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complaint. Grievances may include matters involving:
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• a
workplace communication or interpersonal conflict
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• allocation
of work or development opportunities
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• changes
to work processes or practices, or
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• the interpretation
or application of a workplace policy.
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Grievant
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The staff member who has a work-related grievance
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Respondent
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The staff member who is the subject of a work-related
grievance
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Section B - Procedure
Workplace grievances are work-related problems,
concerns or complaints.
Any staff member involved in any way in a grievance
matter is protected against action for defamation provided they:
raise the grievance in accordance with this procedure
do not intentionally make a vexatious, malicious or
substantially frivolous complaint [see Section 1], and
maintain confidentiality and do
not publish or make information available concerning the grievance to persons
who are not directly involved in the grievance.
1 Vexatious complaints
Vexatious
complaints are those that do not contain sufficient grounds for action.
Vexatious complaints include but are not limited to those issues which are
raised:
with malicious
intent
with the primary
intent to divert organisational resources to delay another matter from being
expeditiously dealt with
with the sole
intention to annoy or harass another person
frivolously,
or
are otherwise
lacking in substance.
Staff found to
be making vexatious and/ or frivolous complaints may be subject to disciplinary
action in line with policies and procedures.
2 Confidentiality
All staff involved
in a grievance (including its resolution) must maintain confidentiality and
only discuss the matter with their manager, nominated support person (if any),
other staff involved in the management of the issue, or immediate family
members. Any breach of confidentiality may result in disciplinary or legal
action.
Any meetings to
discuss a grievance must be held privately and, where possible, away from the
immediate work area.
3 Documentation
Any
documentation relating to addressing grievance matters must be kept securely.
Where the
manager addresses grievances directly [see Section 6], they must take brief and
factual diary or file notes of all agreed actions and timelines. These notes
are to be retained in a secure manner for one year. In addition the manager
must complete a Manager/ Supervisor Grievance Report form [No. 731] and forward
it by email to the Workplace Conduct and Performance Unit at
WorkplaceConduct@transport.nsw.gov.au [see Section 6.4].
4 Victimisation
Victimisation
is any unfavourable treatment of a person as a consequence of their having lodged
a grievance, being the subject of a grievance or being otherwise involved in a
grievance.
Staff who
raise or are otherwise involved in a grievance, are not to be victimised in any
way.
Disciplinary
proceedings may be commenced against any staff member who victimises or
retaliates against a person lodging or otherwise involved in a grievance.
5 Addressing a grievance
A grievance does not need to be submitted in writing in
order for the grievance to be addressed.
Grievances may be referred to the Workplace Conduct and
Performance Unit at any time directly by the staff member, their manager,
another senior manager or the General Manager, Human Resources.
5.1 Seeking advice
At any time, staff can seek guidance on policies and
procedures by contacting HR Advisory or their union delegate.
Managers may access advice and support from the
Workplace Conduct and Performance Unit.
5.2 Local, informal resolution
Ideally, grievance matters are most effectively
addressed informally at a local level between the parties directly involved.
If the person with the grievance feels able, they
should discuss the matter with the person involved or with the manager as soon
as possible. In many cases, issues are dealt with most effectively in this way
and any misunderstandings can be quickly cleared up.
Where informal discussions are not possible or do not
resolve the matter, either party can discuss the matter with their manager, a
more senior manager, or the Workplace Conduct and Performance Unit.
6 Grievance addressed by
manager
Where the manager is addressing the grievance, in the
first instance they can seek advice and guidance from the Workplace Conduct and
Performance Unit.
The manager must inform all participants that the matters
under discussion are confidential and participants must not discuss or divulge
any information related to the matter with any person not directly involved in
the grievance resolution process.
The manager must also encourage all participants to access
the Employee Assistance Program for any additional support they may need.
6.1 Manager’s initial meeting with staff
member with a grievance
The manager is to meet with the staff member who has a
grievance (the grievant) within 24 hours of them raising the matter, or as soon
as practical.
The purpose of the meeting is to clarify the grievant’s
concerns and desired outcomes.
At any time during this process and following
consultation with the Workplace Conduct and Performance Unit, the manager may
determine:
the matter should be dealt with under a separate
process, eg where discipline or work health and safety issues are identified,
or
that the grievance is vexatious
and make the appropriate referrals.
Where the manager is of the view that the matter can be
dealt with under the Grievance Resolution Procedure, they must inform the
grievant that they will discuss the nature of the grievance and any relevant
details with the staff member who is the subject of the grievance (the
respondent) and, where necessary, any other relevant witnesses.
6.2 Meeting with respondent
The manager must then meet with the respondent as soon
as practical to provide information on the details of the grievance, the issues
involved and the name of the person who lodged the grievance, so the respondent
can respond fully to the manager and provide any relevant information.
The manager must inform the respondent that the manager
may discuss the nature of the grievance with relevant witnesses.
6.3 Meeting with any witnesses
The manager may determine that discussions with any
witnesses may assist them in the grievance resolution process. The manager must
meet with witnesses as soon as practical.
The manager must not provide witnesses with any more information
than they need in order to respond to matters requiring confirmation or
clarification.
6.4 Concluding the grievance
Once the manager has gathered sufficient information on
the matter, they are to convene a meeting with the parties directly involved.
The manager needs to set aside a reasonable period of
time for the meeting (2 - 3 hours) and ensure any necessary arrangements are
put in place to enable dedicated commitment to the process by all parties.
Depending on the circumstances, joint or separate
meetings may be held with the grievant and the respondent. It is preferable
that a joint meeting is held as lasting solutions are generally those that are
generated collaboratively by the parties involved.
Outcomes can include:
the parties reach agreement
there is an improvement in the immediate circumstances
that gave rise to the grievance
outstanding issues remain but the parties agree to
disagree and continue to work in a professional manner, and/ or
there is no possible action that can be taken to
resolve the matter but the parties accept this and the matter will not be
discussed again.
If the grievance is not successfully resolved, the
manager can refer the matter to a more senior manager and/ or seek advice and
support from the Workplace Conduct and Performance Unit.
In all cases, the manager must complete a Manager/
Supervisor Grievance Report form [No. 731] and forward it by email to the
Workplace Conduct and Performance Unit at
WorkplaceConduct@transport.nsw.gov.au.
7 Action by Workplace Conduct and
Performance Unit
Where a grievance matter has been raised directly with,
or referred to, the Workplace Conduct and Performance Unit (WCPU) are to
contact the parties involved, discuss the matter with them and assess the most
appropriate action to be taken.
Actions may include one or more of the following:
a facilitated discussion (conducted by the WCPU or
another nominated person)
mediation
development of a remedial action plan
referring the matter to be dealt with under a separate
process, eg where discipline or work health and safety issues are identified,
and/ or formal investigation, or
other appropriate action as determined by the WCPU.
8 Grievance appeals
The grievant or respondent may lodge an appeal where they
believe that the whole or part of the grievance resolution process did not
comply with the requirements of this procedure.
The appeal must be lodged in writing to the Chief Executive,
no later than 21 calendar days after the parties have been advised of the
outcome.
The Chief Executive is to review the relevant documentation,
take any further action they deem necessary and provide formal notification to
the parties involved of their decision.
2 Supporting Documentation
Name of document
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Location
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Document Type
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Workplace Professionalism and Conduct Policy
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Intranet - HR Manual
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Policy
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Code of Conduct and Ethics
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Intranet - HR Manual
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Policy
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Section C -
Governance
1 Roles and Responsibilities
Role
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Description
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Staff member, skill hire
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Ensure all behaviour is in accordance with the RMS Code of
Conduct
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personnel and
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and Ethics and this procedure
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professional services
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Commit to resolving work-related disputes or differences
in a
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contractor
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constructive, cooperative and timely manner
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Manager
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Model appropriate behaviours in the workplace and
undertake
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preventative measures in accordance with this procedure
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Resolve workplace disputes and grievances in a fair and
timely manner
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and in accordance with this procedure
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2 Policy directory requirements
This Roads and Maritime Services Human Resources Manual
policy is approved for use.
Date of approval: XXXXXXXXXX.
3 Evaluation and review
Review of this procedure is scheduled 2 years from the date
of approval.
4 Further information
HR Advisory
Intranet: HR@RMS
- ‘Ask HR a question’
Email: tfnswhr@transport.nsw.gov.au
Phone: 1800
618 445
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Workplace Conduct and Performance Unit
Email: WorkplaceConduct@transport.nsw.gov.au
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Section D - Tools
Grievance Resolution
Flowchart
(please see file)
Section E - Document
Control
Version control and
change history
Version
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Approval date
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Approved by
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Amendment
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number
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01
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9 August 2012
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General Manager Human
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Resource Strategy
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01.1
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9 January 2014
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General Manager Human
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Updated to meet changes to the
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Resources
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management of grievances by
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Transport Shared Services
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Workplace Conduct and
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Performance Unit
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02
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XXXXXXX
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DRAFT WITHOUT PREJUDICE
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C.G. STAFF J
____________________
Printed by
the authority of the Industrial Registrar.