Forestry Commission Division trading as Forests NSW Crown Employees Fieldwork and Other Staff Award 2005-2008

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by State Forests of New South Wales.

 

(No. IRC 2382 of 2006)

 

 

AWARD

 

CONTENTS

 

Clause No.         Subject Matter

 

1.         Title

2.         Parties

3.         Statement of Intent

4.         Scope

5.         Award entered into freely by all parties

6.         Operation

6.1        Operative Date

7.         Variations to the Award

8.         Definitions

9.         Anti-Discrimination

10.       Grievance & Dispute Resolution Procedures

11.       No extra claims

12.       Systems & Technology

13.       Conditions of Employment

13.1      Weekly Employment

13.2      Probationary Employees

13.3      Term Employment

13.4      Ordinary Hours of Work

13.5      Variation of Ordinary Hours of Work

13.6      Shift Work

13.7      Part-time Hours

13.8      Ordinary Hours and Loadings for Rangers, Research and Workshops Employees (Saturday, Sunday and Public Holidays)

13.9      Nurseries

(i)         General

(ii)        Permanent Employees

(iii)       Nursery Casuals

13.10    On-call Arrangements - Workshops Only

13.11    Temporary Relocation

13.12    Self-Managing Work Teams

13.13    Tea Break and Facilities

14.       Overtime

14.1      Definition

14.2      Employees to Work Reasonable Overtime   18

14.3      Overtime Rates

14.4      Time off in lieu of overtime

14.5      Minimum Periods

14.6      Break from Duty (Overtime)

14.7      Meal Breaks (Cribs)

14.8      Meal Allowance

15.       Uniforms

15.1     Uniforms

15.2     Boots

15.3     Casuals and Boot Supply

16.       Tools and Protective Clothing

17.       Use of Casuals and Contractors

18.       Contractors Protocol

19.       Accommodation Expenses

19.1      Overnight Accommodation When Away From Home On Work Related Business

19.2      Reimbursement of accommodation and meal expenses - no overnight stay

19.3      Reimbursement of accommodation and meal allowances - overnight stay

19.4      Camping Expenses

20.       Classifications and Salary Rates

20.1      Pay period

20.2      Payment Method

20.3      Pay advice

20.4      Payment on Termination

20.5      Rates of pay for casual employees

20.6      Rates of pay for part-time employees

20.7      Classification of Employees

20.8      Purpose of Classification Structure

20.9      Classification Disputes

20.10    Higher Duties

20.11    Performance Pay or Payment by Results

20.12    Salary Packaging

20.13    Deduction of Union Membership Fees

21.       Rostered Days Off

21.1      Entitlement

21.2      Scheduling of Rostered Days Off

21.3      Accumulating Rostered Days Off

22.       Inclement Weather

22.1      Definition

22.2      Continuation of Work

23.       Travel to and from Work

23.1      Agreements

23.2      Travelling Time (when away from normal workplace; ie: home base)

24.       Fire Fighting Duty (field employees)

24.1      Definition

24.2      Fire Fighting Health and Fitness Agreement

24.3      Roster Allowance

24.4      Fire Stand-by Duty outside normal working hours

24.5      On Call duties

24.6      Minimum Periods

24.7      Fire Fighting Loading

24.8      Normal Working Hours

24.9      Meal Breaks (Cribs)

24.10    Break from Duty

24.11    Travel to and From Fires

24.12    General Fire Fighting Requirements

24.13    Meals

24.14    Accredited Assessor Allowance - TBA's

25.       Fire Ground Work - Workshops Employees

25.1      Normal Working Hours

25.2      Meal Breaks (Cribs)

25.3      Fire Ground Meals

25.4      Break From Duty

25.5      Fire Fighting Health and Fitness Agreement

26.       Leave

26.1      General Provisions

26.2      Sick Leave

26.3      Public Holidays

26.4      Union Picnic Day

26.5      Recreation Leave Management

26.6      Personal Carers Leave

26.7      Family and Community Services Leave

26.8      Trade Union Training Leave

26.9      Parental Leave

26.10    Casual Leave Entitlements

a.          Unpaid parental leave

b.         Personal Carer’s entitlement

c.          Bereavement Entitlement

26.11   Extended Leave Entitlements

1.          Definition of "service"

2.          Leave entitlements generally

3.          Entitlement to leave if employment terminated in special circumstances

4.          Payment of accrued leave on termination of employment

5.          Leave to be paid out to dependents in cases of death

6.          Certain periods to disregard

7.          Leave entitlements reduced by leave already taken or paid out

8.          Extended leave may be postponed for temporary employees

27.       First-aid and Health and Safety Issues

28.       Area, Incidence and Duration

29.       Leave Reserved Items

 

Appendix 1 - Rates of Pay

Appendix 2 - Allowances

Appendix 3 - Statement of Responsibility Levels and Promotional Criteria

Appendix 4 - Field Worker Classifications

Appendix 5 - Mechanical and Radio Services - Mechanical Trades Classifications

Appendix 6 - Apprentices - Workshops and Nurseries

(i)          Wage Rates

Apprentice training

Appendix 7 - Forest Research and Development - Classifications

Appendix 8 - Grievance and Dispute Handling Procedures

Appendix 9 - Equity Policy

Appendix 10 - Alcohol and Other Drugs Policy

 

Notes

 

This is an Award, made pursuant to Division 1 of Chapter 2 of the New South Wales Industrial Relations Act, 1996.

 

1.  Title of the Award

 

This Award shall be known as the Forestry Commission Division trading as Forests NSW Crown Employees Fieldwork and Other Staff Award.

 

2.  Parties

 

The parties to this Award are:

 

(i)         The Forestry Commission of New South Wales trading as Forests NSW

 

(ii)        The Australian Workers Union

 

(iii)       The Australian Manufacturing Workers Union, New South Wales

 

covering all field employees employed by the Forestry Commission of New South Wales pursuant to Section 10 of the Forestry Act 1916.

 

3.  Statement of Intent

 

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

 

(ii)        The parties acknowledge that the Award seeks to enhance the image and profile of Forests NSW.

 

These objectives will be achieved through:

 

(a)        The creation and maintenance of a high performance, high trust organisation with a genuine partnership between Forests NSW and its Field Workers.

 

(b)        The acceptance of change and commitment to continuous improvement and productivity by both the Management of Forests NSW and its Field Workers.

 

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

 

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

 

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

 

4.  Scope

 

This Award shall wholly override all conditions of employment under the Crown Employees Skilled Tradesmen (State) Award, and all previous versions of the Crown Employees Fieldwork and Other Staff Award.

 

5.  Award Entered Into Freely By All Parties

 

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

 

6.  Operation

 

6.1        Operative Date

 

This Award, having regard to Sections 15 and 16 of the New South Wales Industrial Relations Act 1996, shall have effect from the date it is registered and shall operate from the beginning of the first pay period on or after 1st April 2005 and will remain in force until 1st  April 2008.

 

The Award may be reviewed by a negotiating committee within the first twelve (12) months of its implementation and the negotiating committee will meet to re‑negotiate the Award three (3) months prior to its expiration.

 

7.  Variations to the Award

 

Variations shall be made in accordance with Section 17 of the New South Wales Industrial Relations Act 1996 and shall operate on and from the dates upon which they are approved by the Industrial Relations Commission of New South Wales.

 

8.  Definitions

 

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

 

"Employee" - means and includes all persons permanently or temporarily employed by Forests NSW under the provisions of the Forestry Act 1916.

 

"Forests NSW" - refers to the Forestry Commission of New South Wales, trading as Forests NSW

 

"Fieldwork and Other Staff" - means those persons, employed under Section 10 of the Forestry Act of New South Wales, 1916.

 

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

 

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

 

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

 

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

 

9.  Anti-Discrimination

 

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

 

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

 

(iii)       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.

 

(iv)       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.

 

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

 

NOTES -

 

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

 

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

 

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

 

10.  Grievance and Dispute Resolution Procedures

 

Refer to Appendix 8 for further information

 

Step 1 - Approach the relevant supervisor concerning your grievance

 

(in person or in writing).

 

Your supervisor should address this grievance as soon as possible.  A meeting should be held to address the issue.  This meeting must be held within one working day of receipt of notification of the grievance. Timeframes should be set at this initial meeting to determine dates by which the grievance should be resolved.

 

At any point, the employee is entitled to involve Union or other representation to act solely as an observer.

 

An informal attempt to resolve the matter should be made at this stage.  This should occur within one week of referral.  If unresolved within a week, employees have the option of referring the matter to Step 2.

 

If you cannot approach your direct supervisor because the grievance concerns him/her, you should speak with a Branch/Regional Manager.

 

Step 2 - If after referring the matter to your supervisor it is still unresolved, it can be referred to a Grievance Manager, usually the Branch or Regional Manager.

 

The supervisor must provide an explanation as to why the grievance has not been resolved in the decided time frame.

 

The Branch or Regional Manager must then attempt to resolve the grievance as soon as possible.  The Grievance Manager may consult with Human Resources Managers or General Managers for further assistance in resolving the matter.

 

The Grievance Manager will, with the agreement of the employee making the complaint and within 48 hours, decide on who is to fully investigate the matter and make recommendations for its resolution.

 

The investigation will involve:

 

Informing the party who is the subject of the complaint.

 

Providing this person with the opportunity to answer allegations.

 

Interviewing people who can help ascertain the facts.

 

Obtaining documentation that is necessary.

 

Identifying options for the resolution of the matter and discussing these with the parties.

 

The employee is entitled to Union representation and Union involvement in any discussions at this stage.  If the matter is not resolved within 2 weeks the matter may be referred to Step 3.

 

Step 3 - If the matter is unable to be resolved by the Branch/Regional Manager it must be referred to the Divisional Manager or Manager Human Resources, who then becomes responsible for resolving the grievance.

 

The Human Resources Division (Head Office) must be kept informed if the matter has industrial or human resources implications.

 

The Divisional Manager or Manager Human Resources investigating the grievance will report the facts of the matter, options for resolution and recommended options back to the Grievance Manager.  The preferred option for resolution will be discussed with the parties, including the Grievance Manager and Union delegate where involved.  Any objection by the parties will be noted and taken into account by the Divisional Manager in making the final decision on the matter.  If not resolved within 2 weeks, the matter can be referred to Step 4.

 

The Classification Disputes Process

 

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

 

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

 

Panel composition will be as follows:

 

a Human Resources representative

 

two Field Worker representatives (AWU/AMWU)

 

two local Forests NSW (employer) representatives

 

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

 

If you wish to refer a classification issue please contact Human Resources Division.

 

Step 4 - If the matter is still unresolved, it can then be directed to be resolved through direct negotiations at the executive level between the Union and Forests NSW.

 

or if you do not wish to have Union representation, it can proceed to this level with direct employee/management negotiations.

 

Step 5 - As a last resort, the dispute can be referred to the New South Wales Industrial Relations Commission.

 

While these steps are being followed, normal work should continue unless there is a proven health and safety risk associated.  If normal work cannot be continued, your Divisional Human Resources Manager or the Human Resources Division should be contacted so that alternative work arrangements can be made.

 

Once the matter has been resolved the relevant parties will continue to monitor the environment under which the grievance occurred, for a period of time to ensure compliance with the remedy.  Feedback on the process will be sought from the parties to identify where improvements can be made.

 

11.  No Extra Claims

 

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

 

12.  Systems and Technology

 

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

 

13.  Conditions of Employment

 

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

 

13.1      Weekly Employment

 

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

 

(ii)        Casual employees are engaged by the hour and the engagement of a casual employee may be terminated without notice.

 

13.2      Probationary Employees (new employees)

 

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

 

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

 

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

 

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

 

13.3      Term Employment

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

13.4      Ordinary Hours of Work

 

(for Rangers, Nurseries, Workshops and Research Employees - see Clause 13.8 & 13.9)

 

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

 

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

 

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

 

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

 

(iii)       Saturday/Sunday work - no employee will be required to work more than 26 Saturdays/Sundays in any 12 month period.

 

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

 

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

 

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

 

(vii)      Employees who work on Saturdays and or Sundays as ordinary hours shall accrue additional leave at the following rate:

 

 

(viii)     Where employees are called upon to work any 6th or 7th day or part thereof (not on fire fighting duties) in a seven (7) day week, they shall be paid in accordance with Clause 14.3 Overtime Rates.

 

13.5      Variation of Ordinary Hours of Work

 

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

 

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

 

13.6      Shift Work

 

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

 

Employees will be remunerated for this shift work by:-

 

either -

 

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

 

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

 

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

 

13.7      Part-Time Hours

 

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

 

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

 

(ii)        the ordinary working hours are fixed at not less than 4 hours per day worked;  and

 

(iii)       Forests NSW informs the relevant Union of the hours fixed for part-time employees. The Union shall have seven (7) working days from the date of being advised to object to the agreement through the Grievance Resolution Procedures prescribed by Clause 10 of this Award.  The Union will not unreasonably object to an agreement under this sub-clause.

 

13.8      Ordinary Hours and Loadings for Rangers, Research and Workshop Employees (Saturday, Sunday and Public Holidays)

 

Ordinary Hours of Work

 

(i)         The ordinary hours of work for all employees, other than casual employees, covered by this Award shall be 38 hours per week.

 

(ii)        Forestry field workers and persons employed in Research Division shall work their ordinary hours between the hours of 6.00 am to 6.00 pm Monday to Saturday.

 

(iii)       Field workers in Research Division will work their ordinary hours between 6.00 am and 6.00 pm, Monday to Saturday but for particular project work, on five (5) consecutive days, Monday to Sunday.

 

(iv)       Persons in Workshops shall work their ordinary hours either:

 

(a)        between 6.00 am and 6.00 pm, Monday to Friday;  or

 

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

 

Where Workshops employees work on Saturdays as ordinary hours, they shall be paid all ordinary hours for that day at the rate of time and one half.

 

Workshops employees who work on Saturdays as ordinary hours shall accrue additional leave at the following rate:

 

 

(v)        Loadings for Working Ordinary Hours on Saturday, Sunday and Public Holidays

 

Rangers who are rostered for weekend work shall work their ordinary hours on five consecutive days Monday to Sunday between 6.00 am to 6.00 pm.  When such employees work their ordinary hours on a Saturday, they shall be paid for that day at the rate of time and a half.  When such employees work their ordinary hours on a Sunday, they shall be paid for that day at the rate of time and three-quarters.

 

When field workers in Research Division work their ordinary hours on Saturday and Sunday they will be paid for that day at the rate of time and a half and time and three quarters respectively and will receive additional annual leave as per the table below.

 

Non-rostered employees who work Saturday and Sunday only on an irregular basis shall be paid at overtime rates, as per Clause 14.3.

 

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

 

 

(vi)       The provisions of this sub-clause (13.8) do not apply to employees who undertake work on Saturday, Sunday or Public Holiday that meets the definition of overtime provided at sub-clause 14.1.

 

(vii)      The provisions of paragraphs (iv) and (v) of this sub-clause do not apply to casual employees.

 

A casual employee is an employee engaged and paid on an hourly basis, who receives a casual loading in lieu of all paid leave entitlements.

 

Casual employees in Workshops who undertake work on weekends will be paid at normal overtime rates (as per Clause 14.3 and Clause 20.5).

 

Casual employees in Research and Development Division who undertake work on a weekday will be paid the normal casual rate of pay.  Any hours worked above 38 hours per week or outside the ordinary hours of work will attract overtime rates (as per Clause 14.3 and Clause 20.5).

 

Casual employees in Research and Development Division required to work on a Saturday as part of their ordinary hours of work will be paid for that day at a rate of time and a half.

 

Casual employees in Research and Development Division required to work on a Sunday as part of their ordinary hours of work will be paid for that day at a rate of time and three quarters.

 

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

 

Casual employees in Research and Development Division who only work on a weekend will be paid for such weekend work as follows:

 

Saturday - normal rate plus 50% loading (ie: ordinary time and a half)

 

Sunday - normal rate plus 75% loading (ie: ordinary time and three quarters) with the Superannuation Guarantee Contribution paid on ordinary time. 

 

13.9      Nurseries

 

(i)         General

 

The Nursery Management Unit and associated Forests NSW Nurseries trade 7 days a week.

 

Ordinary hours of work will be 38 hours per week, worked over 19 days of 8 hours each over a four week cycle.

 

Ordinary hours shall be worked between 6.00 am and 6.00 pm each day.

 

(ii)        Permanent Nursery employees

 

Permanent Nursery employees who volunteer for and are rostered for weekend work shall work their ordinary hours on five consecutive days Monday to Sunday between 6.00 am to 6.00 pm.  When such employees work their ordinary hours on a Saturday, they shall be paid for that day at the rate of time and a half.

 

When such employees work their ordinary hours on a Sunday, they shall be paid for that day at the rate of time and three-quarters.

 

When such employees work their ordinary hours on a Public Holiday they shall be paid for that day at the rate of double time and a half (ie: payment at normal time + overtime at time and a half) with SGC paid on ordinary time.

 

Employees who work in excess of 38 hours per week or outside their ordinary hours of work shall be paid overtime rates as per Clause 14.3.  Employees who work on a Saturday or Sunday after already working their 38 hours for that week shall be paid at overtime rates as per Clause 14.3.

 

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

 

 

The provisions of sub-clause 13.9 do not apply to employees who undertake work on Saturday, Sunday or Public Holiday for which overtime is paid as per Clause 14.3.

 

(iii)       Nursery Casuals

 

The above provisions of sub-clause 13.9 (ii) do not apply to casual employees.

 

A casual employee is an employee engaged and paid on an hourly basis, who receives a casual loading in lieu of all paid leave entitlements.

 

Casual Nursery employees who undertake work on a weekday will be paid the ordinary rate of pay.  Any hours worked above 38 hours per week or outside the ordinary hours of work will attract overtime rates as per Clause 14.3 and 20.5.

 

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

 

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

 

Casual Nursery employees required to work on a Public Holiday will be paid for that day at a rate of double time and a half (ie: payment at normal time + overtime at time and a half) with SGC paid on ordinary time.

 

Casual Nursery employees who only work on a weekend are compensated by a casual loading and will be paid for such weekend work as follows:

 

Saturday - normal rate plus 50% loading (ie: ordinary time and a half)

 

Sunday - normal rate plus 75% loading (ie: ordinary time and three quarters).

 

13.10    On-Call' Arrangements and Allowances - Workshops Only.

 

In Workshops it is proposed that staff will be placed on an on-call roster at each appropriate location and all such staff on the roster will be compensated by a $10.00 weekly payment.  In the week they are actually required for on-call duty a further $50.00 will be paid.  If called out, the minimum payment for recall is 2 hours at the appropriate penalty rate.

 

There is an expectation that Workshops employees will participate in an on-call roster to meet fire season and operational requirements. Fire Ground and operational rosters will include a minimum of three (3) employees to ensure reasonable apportionment of on-call. If there are less than three (3) employees on a roster, such arrangements will be by agreement. Where three (3) or more employees are available to be placed on a roster they will not unreasonably refuse to be placed on a roster (refer to Clause 25 Fire Ground Work -  Workshops Employees).

 

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

 

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

 

13.11    Temporary Relocation

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Employees permanently transferring between locations within FNSW will be entitled to the provisions of the Transferred Officers Award.

 

13.12    Self-Managing Work Teams

 

These teams will be established for activities where greater productivity may be achieved by such a method of working.  It is expected that such self-managing work teams may wish to vary the ordinary hours of work or days of work and this may be done through the method provided at sub-clause 13.4 and 13.5.

 

13.13    Tea Break and Facilities

 

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

 

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

 

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

 

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

 

14.  Overtime (Excluding Fire Fighting)

 

14.1      Overtime Definition

 

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

 

(a)        in excess of 38 hours per week; and/or

 

(b)        outside the ordinary hours of work, as established for each employee under Clauses 13.4 & 13.5.

 

Overtime will only be payable for time on-duty at the work site.  Travel arrangements are covered under Clause 23.2.

 

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

 

14.2      Employees to Work Reasonable Overtime

 

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

 

14.3      Overtime Rates

 

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

 

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

 

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

 

14.4      Time off in Lieu of Overtime

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

14.5      Minimum Periods

 

An employee who works overtime:

 

(i)         on a Saturday, Sunday or Public Holiday;  or

 

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

 

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

 

Workshops employees "on-call" will be paid in accordance with Clause 13.10 and general field workers "on-call" will be paid in accordance with Clause 24.5.

 

14.6      Break From Duty - (Overtime)

 

Following completion of overtime, an employee shall:

 

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

 

(ii)        if required to resume or continue working without having had an unpaid break of ten (10) consecutive hours, excluding travel, shall be paid at the rate of double time until such a break is given or where, by mutual agreement, the break is reduced to eight (8) hours, except for fire fighting where the ten (10) hour break must be maintained as per clause 24.10; or

 

(iii)       work in accordance with the rest provisions contained in the shift work clause 13.6.

 

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

 

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

 

14.7      Meal Breaks (Cribs)

 

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

 

(ii)        No employee will be required to work more than 4 hours without a break or work through penalties will apply as per sub-paragraph (iii) of this clause.

 

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

 

(iv)       Employees working overtime will be entitled to a paid meal break of 30 minutes -

 

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

 

(b)       after working every four hours of overtime without a meal break;  and;

 

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

 

14.8      Meal Allowance

 

Employees who are directed to work overtime and who, through insufficient prior notice ie: less than 12 hours), need to buy meals, shall be paid a meal allowance for any meal break for which they are entitled under paragraph (ii) of subclause 14.7, at the rates specified below:

 

 

15.  Uniforms Carrying Forests NSW Logo

 

15.1      Uniforms

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Casuals:

 

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

 

Less than 20 days service per year - Nil

 

21 days-3 months service per year - 2 sets

 

3-6 months service per year - 3 sets

 

15.2      Boots

 

The cost of replacement boots up to a maximum of $266 (inclusive of GST) will be paid annually or boots will be supplied by agreement with affected employees 

 

The cost of replacement boots will be paid annually via one of the following three options:

 

(a)        Forests NSW purchases direct replacement boots on a "fair wear and tear" basis from an approved list.

 

This option may be selected by agreement being reached with the majority of affected employees within a Business Unit, or

 

(b)        An allowance of $266 will be paid via payroll (subject to tax) on 1 April each year; or

 

(c)        annual reimbursement, on production of a receipt, to a maximum of $266 pa which will be reimbursed within two (2) pay periods on production of a receipt.

 

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

 

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

 

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

 

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

 

15.3      Casuals - Boot Supply

 

Forests NSW will supply boots to casual employees.

 

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

 

16.  Tools & Protective Clothing

 

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

 

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

 

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

 

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

 

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

 

17.  Use of Casuals and Contractors

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

18.  Contractor’s  Protocol

 

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

 

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

 

Forests NSW specific standards that include safe working practices and compliance with the Occupational Health and Safety Act 2000.

 

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

 

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

 

19.  Accommodation Expenses

 

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

 

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

 

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

 

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

 

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

 

19.2      Reimbursement of Meal Expenses - No Overnight Stay

 

Expenses incurred by employees when they are required to travel on official business outside their normal working hours without having to remain away from home base overnight and where meals are not provided by Forests NSW, will be reimbursed to the level specified under this sub-clause.  This entitlement to reimbursement is in lieu of any expenses that may otherwise apply under sub-clause 14.7.  Receipts will not be required to substantiate meal expenditures claimed up to the levels set below.

 

 

19.3      Reimbursement for Accommodation and Meals - Overnight Stay

 

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

 

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

 

(b)       provide the employee with a cash advance to meet the expected cost of accommodation.

 

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

 

That advance will allow for the following level of expenditure:

 

 

(iii)       Receipts will not be required to substantiate meal expenditures claimed up to the levels set in paragraph (ii) above.  Expenses incurred over and above these amounts will only be reimbursed where:

 

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

 

(b)       The total meal and incidental expenses for the time away from home base exceed the total amount to which the employee is entitled under paragraph (ii) above;  and

 

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

 

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

 

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

 

19.4      Camping Expenses

 

Employees required to camp out shall be reimbursed for expenses associated with food, other incidental items and the general hardships of camping, as follows:

 

 

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

 

The incidental allowance as per Clause 19.3 is paid for overnight camping stays as compensation for incidentals incurred (per night away).

 

20.  Classifications and Salary Rates

 

20.1      Pay Period

 

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

 

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

 

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

 

20.2      Payment Method

 

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

 

20.3      Pay Advice

 

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

 

20.4      Payment on Termination

 

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

 

20.5      Rates of Pay for Casual Employees

 

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

 

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

 

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

 

20.6      Rates of Pay for Part-Time Employees

 

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

 

 

20.7      Classification of Employees

 

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

 

20.8      Purpose of Classification Structure

 

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

 

The classification structure is designed to:

 

(i)         recognise competencies achieved and used;

 

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

 

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

 

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

 

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

 

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

 

20.9      Classification Disputes

 

Please refer to Step 3 of the Grievance and Dispute Handling Procedures at Clause 10.

 

20.10    Higher Duties

 

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

 

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

 

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

 

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

 

(ii)        Notwithstanding the above, Forests NSW may, at its discretion:

 

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

 

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

 

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

 

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

 

20.11    Performance Pay or Payment by Results

 

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

 

20.12    Salary Packaging

 

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

 

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

 

Employees interested in utilising salary packaging should refer to the salary packaging guide on Human Resources Divisions intranet site.

 

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

 

Additional contributions to First State Super;

 

Additional contributions to a private superannuation fund;

 

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

 

Laptop or Notebook computer.

 

Employees may nominate an annual amount for each of the three benefits, Fringe benefits tax and the administration fee provided that the total amount does not exceed 50% of their salary.

 

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

 

20.13    Deduction of Union Membership fees

 

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

 

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

 

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

 

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

 

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

 

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

 

21.  Rostered Days Off

 

21.1      Entitlement

 

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

 

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

 

21.2      Scheduling RDOs

 

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

 

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

 

21.3      Accumulating RDO's

 

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

 

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

 

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

 

(b)       by working nine-day fortnights; or

 

(c)        by a combination of these two methods.

 

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

 

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

 

22.  Inclement Weather

 

22.1      Definition

 

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

 

22.2      Continuation of Work

 

Appropriate productive work will be carried out during inclement weather conditions, provided appropriate protective clothing of a high standard suited to local conditions is issued.  Decisions on working during inclement weather will rest with the supervisor and, where they exist, by self-managing work teams, consistent with the Occupational Health and Safety Act 2000 and Regulation 2001:

 

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

 

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

 

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

 

23.  Travel to and from Work

 

23.1      Agreements

 

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

 

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

 

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

 

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

 

(v)        Garaging of Vehicles

 

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

 

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

 

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

 

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

 

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

 

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

 

23.2      Travelling Time (when away from normal workplace; ie: home base)

 

(i)         Time spent travelling (ie: not driving) on official business during ordinary hours of work is regarded as normal duty and is compensated within an employee’s minimum rate of pay as prescribed by Clause 20.  Time spent travelling on official business outside ordinary hours of work will attract additional payment calculated at the employee’s ordinary rate of pay.

 

(ii)        Where an employee is required to travel in a Forests NSW vehicle outside of normal working hours when away from home base, the nominated driver of the vehicle shall be paid at the applicable overtime rate.  Forests NSW employees travelling in the vehicle as passengers will be paid at ordinary rates of pay.

 

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

 

24.1      Definition

 

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

 

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

 

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

 

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

 

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

 

hazard reduction burning

 

travel to and from other Regions to undertake fire fighting

 

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

 

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

 

24.2      Fire Fighting Health and Fitness Agreement

 

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

 

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

 

An incentive allowance of $200 per annum will be paid to each permanent fire fighter on passing the Task Based Assessment each fire season. The allowance is an incentive for employees to actively improve their fitness levels to pass both medical and physical tests on an annual basis.

 

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

 

For those Fieldworkers conducting Task Based Assessments, and who hold a certificate in the FFHF task based assessment, they will be entitled to a $6.20 per hour allowance. This allowance will move in line with the Accredited Assessor Allowance.

 

24.3      Roster Allowance

 

Permanent and temporary employees on a roster for on-call, stand-by and fire fighting will be paid a roster allowance. The allowance will be $10 per week for the period of the roster as determined by the Workplace Manager.

 

24.4      Fire Stand-by Duty Outside Normal Working Hours

 

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

 

Fire Stand-by Duty will be implemented to enhance Forests NSW state of preparedness and will include fire fighting, as required, the strategic location of field workers for fire lookout and to facilitate quick access to fire and work to be performed in accordance with clause 24.4 (i) below:

 

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

 

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

 

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

 

If not so advised within 12 hours of the nominated start time that duty is not required, payment will be two (2) hours at the fire fighting rate (Clause 24.7).

 

24.5      On-Call Duties

 

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

 

It is expected that "on-call" will only apply intermittently and for very short periods (eg: right at the beginning or right at the end of a fire season) and nominated persons will be paid $50 per week to be "on-call".  If called out, the minimum payment for recall is 2 hours at the applicable penalty rate.

 

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

 

24.6      Minimum Periods

 

An employee who works overtime:

 

(i)         on a Saturday, Sunday or public holiday; or

 

(ii)        by being recalled after leaving work, prior to their next scheduled period of ordinary time duty shall be paid for no less than four (4) hours work, at the appropriate rate, excepting employees "on-call" who will be paid in accordance with Clause 24.5 above.

 

24.7      Fire Fighting Loading

 

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

 

The rates for the loading are:

 

 

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

 

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

 

24.8      Normal Working Hours

 

For the purposes of sub-clauses 24.1 and 24.5 normal working hours are the ordinary working hours within the span of hours specified for an employee under Clause 13.4.

 

24.9      Meal Breaks (Cribs)

 

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

 

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

 

(b)        after working every four hours of overtime without a meal break; and

 

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

 

24.10    Break from Duty

 

Following completion of duty, an employee shall either:

 

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

 

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

 

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

 

Fire Fighting for one night will result in payment at ordinary time for any of the 10 hour break which continues into the next day’s ordinary hours of work as per Clause 13.4.

 

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

 

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

 

24.11    Travel To and From Fires

 

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

 

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

 

24.12    General Fire Fighting Requirements

 

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

 

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

 

24.13    Meals

 

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

 

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

 

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

 

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

 

In the unlikely circumstance where employees, either through insufficient notice to provide their own meals or where no meal has been provided, need to purchase meals, these employees shall be paid meal allowances at the rates specified below:

 

 

NB: Receipts are only required if an employee exceeds an allowance provided above.

 

The above meal allowances are linked to movements in rates expressed in the Crown Employees (Public Sector Conditions of Employment) Award 2002.

 

24.14    Accredited Assessors Allowance - Task Based Assessments (FFHF)

 

Field workers conducting task based assessments associated with the Fire Fighting Health and Fitness Program, who hold a certificate in task based assessment, will be paid $6.20 per hour for time spent in preparation, delivery, assessment and reporting of Task Based Assessments.

 

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

 

25.  Fire Ground Work - Workshops Employees

 

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

 

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

 

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

 

The rates for the loading are:

 

 

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

 

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

 

Refer to Clause 13.10 for On-call Arrangements for Workshops. Where on -call is activated the Fire Ground loading commences from the time the employee leaves home or alternate accommodation, and finishes when the employee returns home or returns to the alternate accommodation (door to door).

 

25.1      Normal Working Hours

 

For the purposes of sub-clause 13.10 normal working hours are the ordinary working hours within the span of hours specified for an employee under Clause 13.4.

 

25.2      Meal Breaks - (Cribs)

 

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

 

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

 

(b)        after working every four hours of overtime without a meal break; and

 

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

 

25.3      Fire Ground Meals

 

Forests NSW will endeavour to provide meals where Workshops employees are required to attend for fire ground duties for the initial (24 hours) attack.  Forests NSW is committed to providing drinks and nutritious, hot meals of a high standard wherever possible.  Emergency conditions and locations of fire grounds do not always make this possible in which case Forests NSW would provide a satisfactory alternative (eg:  combination of sandwiches, hot drinks, cold food, cold drinks, fruit and snack packs).

 

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

 

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

 

In the unlikely circumstance where employees, either through insufficient notice to provide their own meals or where no meal has been provided when undertaking fire ground duties in accordance with this sub clause, need to purchase meals, these employees shall be paid meal allowances at the rates specified below:

 

 

NB: Receipts are only required if an employee exceeds an allowance provided above.

 

The above meal allowances are linked to movements in rates expressed in the Crown Employees (Public Sector Conditions of Employment) Award 2002.

 

25.4      Break from Duty

 

Following completion of duty, an employee shall either:

 

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

 

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

 

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

 

25.5      Fire Fighting Health and Fitness Agreement

 

In recognition that Workshops employees are on occasion required to provide support on active fire grounds, and as an expression of Forests NSW duty of care, Forests NSW will continue to allow Workshops employees to undertake all levels of the Fire Fighting Health and Fitness program.

 

The Fire Fighting Health and Fitness agreement is to be read in conjunction with this Award. Participation in the Fire Fighting Health and Fitness program is by consent. It is a process established to ensure all available resources are used in roles that suit their medical condition and level of fitness. It has no bearing on employee’s normal duties.

 

An incentive allowance of $200 per annum will be paid to each permanent Workshops employee on passing the Task Based Assessment each fire season. The allowance is an incentive for employees to actively improve their fitness levels to pass both medical and physical tests on an annual basis.

 

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

 

26.  Leave

 

26.1      General Provisions - Ministerial Leave Conditions (MLC)

 

Refer to Regional Office or HR Unit for copy of MLC

 

Where the conditions of the Award are superior to those existing in the Ministerial Leave Conditions, then the conditions of the Award shall prevail.

 

Forests NSW shall be bound by the provisions of the Uniform Leave Conditions for Ministerial employees, subject to the amendments and additions specified in this clause.

 

26.2      Sick Leave

 

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

 

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

 

(iii)       Unused sick leave entitlements will accrue, in accordance with Ministerial Leave Conditions.

 

26.3      Public Holidays

 

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

 

New Years Day

 

Australia Day

 

Good Friday

 

Easter Monday

 

Easter Saturday

 

Anzac Day

 

Queen’s Birthday

 

Christmas Day

 

Boxing Day

 

Labor Day

 

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

 

26.4      Union Picnic Day

 

(i)         The first Monday in August of each year shall be the Union Picnic Day

 

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

 

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

 

26.5      Recreation Leave Management

 

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

 

26.6      Personal Carers Leave

 

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

 

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

 

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

 

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

 

Personal/carer's leave is not available to casual employees.

 

26.7      Family and Community Service Leave

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Definitions:

 

"Family" or "relative" used here means:

 

a spouse of the employee; or

 

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

 

a child or an adult son or daughter (including an adopted child, a stepchild, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or of the spouse or of the de facto spouse of the employee; or

 

a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or a relative of the employee who is a member of the same family group living in the same domestic dwelling.

 

In this definition:

 

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

 

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

 

Entitlement

 

Paid Leave

 

EMPLOYEES WORKING A 5 DAY WEEK

 

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

 

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

 

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

 

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

 

EMPLOYEES WORKING A 6 DAY WEEK

 

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

 

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

 

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

 

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

 

EMPLOYEES WORKING A 7 DAY WEEK

 

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

 

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

 

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

 

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

 

Additional Leave

 

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

 

Other Leave

 

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

 

Illness of Family Member

 

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

 

26.8      TRADE UNION TRAINING LEAVE

 

The parties agree that leave be granted in accordance with the Ministerial Leave Conditions as follows:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

26.9      PARENTAL LEAVE

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(1)        Applied for parental leave within the time and in the manner determined set out in subclause (i) of this clause; and

 

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

 

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

 

(i)         in advance as a lump sum; or

 

(ii)        fortnightly as normal; or

 

(iii)       fortnightly at half pay; or

 

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

 

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

 

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

 

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

 

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

 

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

 

(g)        Except as provided in subclauses (d), (e) and (f) of this clause, maternity, adoption or other parent leave shall be granted without pay.

 

(h)        Right to request

 

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

 

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

 

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

 

to assist the staff member in reconciling work and parental responsibilities.

 

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

 

(i)         Notification Requirements

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(ii)        the period of leave to be taken.

 

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

 

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

 

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

 

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

 

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

 

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

 

(j)         A staff member has the right to his/her former position

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(s)        Communication during maternity, adoption or other parent leave

 

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

 

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

 

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

 

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

 

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

 

26.10    CASUAL LEAVE ENTITLEMENTS

 

Casual employees shall receive the following entitlements in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006:

 

(a)        Unpaid Parental Leave in accordance with Clause 12 (iv)(d) of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006;

 

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

 

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

 

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

 

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

 

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

 

(b)        Personal Carer’s Entitlement in accordance with Clause 12(v) of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006;

 

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

 

(ii)        The Department Head and the casual employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

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

 

(iv)      The casual employee shall, if required;

 

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

 

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

 

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

 

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

 

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

 

(a)        a spouse of the staff member; or

 

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

 

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

 

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

 

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

 

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

 

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

 

(c)        Bereavement entitlement in accordance with Clause 12(vi) of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006;

 

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

 

(ii)        The Department Head and the casual employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

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

 

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

 

26.11    EXTENDED LEAVE ENTITLEMENTS

 

1.          Definition of "service"

 

(1)        "Service" includes:

 

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

 

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

 

(2)        Subject to clauses 2 (3) and 3 (3), for the purpose of determining whether or not an employee or temporary employee has completed at least 10 years’ service, as referred to in subclause (1) (a), the employee’s or temporary employee’s period of service is taken:

 

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

 

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

 

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

 

2.          Leave entitlements generally

 

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

 

(a)        2 months on full pay, or

 

(b)        4 months on half pay, or

 

(c)        one month on double pay,

 

for 10 years served.

 

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

 

(a)        5 months on full pay, or

 

(b)        10 months on half pay, or

 

(c)        2.5 months on double pay,

 

for each 10 years served after the first 10 years.

 

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

 

3.          Entitlement to leave if employment terminated in special circumstances

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

4.          Payment of accrued leave on termination of employment

 

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

 

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

 

5.          Leave to be paid out to dependants in cases of death

 

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

 

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

 

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

 

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

 

is entitled to receive the money value of the extended leave not taken or not completed.

 

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

 

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

 

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

 

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

 

is entitled to receive the money value of the extended leave that would have accrued to the employee or temporary employee had his or her services terminated as referred to in clause 3 (1).

 

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

 

(4)        If:

 

(a)        no person is entitled to receive a payment under subclause (1) or (2), or

 

(b)       it appears to the appropriate Department Head that more than one person is entitled as a spouse to a payment under subclause (1) or (2),

 

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

 

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

 

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

 

6.          Certain periods to be disregarded

 

Any period during which an employee or temporary employee is not employed, as referred to in clause 3 (2) of Schedule 3A, is to be disregarded for the purpose of calculating his or her extended leave entitlement.

 

7.          Leave entitlement reduced by leave already taken or paid out

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

8.          Extended leave may be postponed for temporary employees

 

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

 

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

 

27.  First-Aid and Health and Safety Issues

 

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

 

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

 

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

 

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

 

(v)        Any employee at classification level 1 to 4 inclusive who is appointed by Forests NSW to perform first-aid duty to any gang of 3 or more shall be paid a first-aid allowance of $12 per week.  If current employees at Levels 4-6 remain qualified and are performing first aid duties they will continue to receive the first-aid allowance.  Any future employees 5.1 and above shall not receive the first-aid allowance.

 

There should only be one first-aid allowance paid per crew. The above first aid allowance is linked to movement in the relevant rate expressed in the Crown Employees (Public Sector Conditions of Employment) Award 2002.

 

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

 

28.  Area, Incidence and Duration

 

This Award applies to all classifications listed in Appendices 3, 4, 5 and 7 attached hereto. The Award rescinds and replaces the Forestry Commission of New South Wales trading as State Forests of New South Wales Crown Employees Fieldwork and Other Staff Award 2002-2005 published 9 May 2003, (339 I.G. 330).  This Award shall operate from 1 April 2005 and will remain in force till 1 April 2008.  (Rates of pay will be instituted by administrative action from the first full pay period on or after 1 April 2005 and will remain in force till 1 April 2008.)

 

The parties consent that the agreed salary increases (3% + 1% pa over 3 years) and the enhanced suite of leave conditions provided for in this award are conditional upon the extinguishment of all work-value claims up to 30th April 2005.

 

29.  Leave Reserved Items

 

The Classification structures for Nurseries and Research are to be reviewed within the life of this Award.

 

The Field Worker Classification Structure, including Workshops (Appendix 4), will also be reviewed within the first 12 months of this Award.

 

APPENDIX 1

 

RATES OF PAY

 

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

 

 

APPENDIX 2

 

ALLOWANCES

 

Past Entitlements Preserved within this Award (Grandfathered Entitlements)

 

First-aid

 

Distant places

 

Western allowance

 

Definition of Allowances:

 

"Tool Allowance"

 

All tools required by employees shall be provided free of charge by Forests NSW, other than in Workshops where a tool allowance of $23.30 per week shall be paid to trades persons to cover the cost of work-related tools. This allowance is linked to movement in the Skilled Trades Award.

 

"Mileage"

 

Should Forests NSW be unable to provide transport and where no public transport is available to transport an employee from his/her residence to their headquarters, depot or centre, or if an employee is required to report at a place other than their headquarters, depot or centre, then Forests NSW shall pay the employee an allowance  according to the following scale, viz; where the distance from their residence to the centre or such place is:

 

3-10 kms	$4.00
10-20 kms	$10.90
20-30 kms	$14.00
30-40 kms	$20.00
40+ kms	$22.50

 

Headquarters, depot or centre means the place where the employee reports for work.

 

"Working in Sludge"

 

Those engaged in the handling and spreading of sewerage sludge on a given Forests NSW area will receive, for the period of application only, an allowance of 80¢ per hour.

 

"Chemical Handling Allowance"

 

An allowance of $12 per day is payable to those employees directed to use pesticides and herbicides who are accredited chemical users and where they are required to wear  full protection, ie: all of the following; face shields, overalls, elbow length gloves and boots for the application of pesticides and/ or herbicides.

 

"Accredited Assessor Allowance"

 

The allowance paid by Forests NSW for nationally accredited assessors will be $6.20 per hour.  This payment will be received for time spent in preparation, delivery, assessment and reporting of accredited courses.

 

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

 

"Accredited Assessors Allowance - Task Based Assessments (FFHF)"

 

Field workers conducting task based assessments associated with the Fire Fighting Health and Fitness Program, who hold a certificate in task based assessment, will be paid $6.20 per hour for time spent in preparation, delivery, assessment and reporting of Task Based Assessments.

 

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

 

Workshops Allowances:

 

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

 

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

 

APPENDIX 3

 

STATEMENT OF RESPONSIBILITY LEVELS AND PROMOTIONAL CRITERIA

 

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

 

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

 

LEVELS 1 & 2
Responsibility	An employee at Level 1 or 2 will:
	generally work under direct supervision be responsible for identifying
	and solving minor problems which occur in the workplace be required to
	work to predetermined standards and outcomes be responsible for
	keeping their own work area safe and clean show awareness for the
	relevant Forest Practices Codes
Promotional Criteria	Level 1
	Six (6) months induction process (within 7 days) and Induction Program.
	promotion to Level 2 on satisfactory completion and satisfactory
	attendance and performance history.
	Level 2
	Eighteen (18) months Employee Development Program
	Promotion to Level 3.1 within 18 months on satisfactory completion
	and satisfactory attendance and performance history.
LEVEL 3
Responsibility	An employee at this level will operate under general direction for the
	whole job.  Individual tasks will be completed according to clear, set
	procedures and standards.  An employee will be responsible for the
	quality of work within these limits.
	The employee will also be responsible for identifying and solving
	problems which occur in the work process the Level 3 worker is directly
	responsible for, and for identifying and reporting problems outside own
	work process.
	3.2 Co-ordinator
	responsible for provision of the co-ordination of work performed by a
	small group and on-the-job training (non-accredited) for that small group;
	knowledge and understanding of relevant Forest Practices Codes.
Promotional Criteria	An employee remains at Level 3.1 until capable of effectively performing
	through assessment or appropriate certification the tasks required of the
	next level so as to enable progress as a position becomes available.
	The promotion by merit principle will apply in all cases.
LEVEL 4
Responsibility	An employee at this level will operate under general direction for the
	whole job.  In completing individual tasks an employee will work to set
	standards.  An employee will be responsible for the quality of work in
	own area.
	The employee will also be responsible for identifying and solving
	problems which occur in the work process the Level 4 worker is directly
	responsible for, and by themselves or with others, identifying, reporting
	or solving problems outside their work area.
	The employee is responsible for application of relevant Forest Practices
	Codes and Regulatory requirements.
LEVEL 5
Responsibility	An employee at this level has greater responsibility than at Level 4 in
	that the employee may be responsible for the work of others through the
	monitoring role.  The employee will be responsible for work outcomes
	regarding quantity and quality in own area, including own work and the
	work of others.  The employee may be required to train small groups on-
	the-job (non-accredited) and/or assess competency of workers in the
	tasks they perform.  They will be responsible for OH&S of those under
	his control.  An employee at this level will be required to exercise
	judgement in the planning and carrying out of work.
	An employee at this level is required to ensure application of relevant
	Forest Practices Codes and Regulatory requirements.
	The employee will also be responsible, with others, for identifying and
	solving problems in their work areas, if supervising others for initiating,
	co-ordinating and monitoring problem-solving in own work area, for
	identifying and reporting problems in other work areas where they affect
	activity in own work area.
Promotional Criteria	Level 5.1 is the Supervisor Entry Level and Probationary Period,
	however, initial appointment can be made at a higher level depending on
	competencies and relevant experience.
	Within 12 months, training will be provided as detailed in Note 18.
	Rangers - may progress to Level 5.2 or 5.3 dependent on the role of their
	position after 12 months experience at 5.1 and being accredited in the
	training subjects, and displaying satisfactory attendance and
	performance history.
	Works - will progress to Level 5.2 dependent on satisfactory completion
	of training and satisfactory attendance and performance history and 12
	months experience at 5.1.
	Progress to 5.3 is dependent upon satisfactory attendance and
	performance history and 12 months experience at 5.2.
	Harvesting - Plantations
	as for "Works".
	Harvesting - Native Forests
	Progress to levels as determined by position evaluation, after 12 months
	experience at 5.1, satisfactory completion of training and satisfactory
	attendance and performance history.
Promotional Criteria	An employee remains at this level until capable of effectively performing
	through assessment or appropriate certification the tasks required of the
	next level so as to enable progress as a position becomes available.
	Promotion to levels above 5 on merit principle in all cases.
LEVEL 6
Responsibility	Will be as determined by position description.
Promotional Criteria	Promotion within Level 6 on merit principle in all cases.
	An employee at level 6 may be graded to a higher position within this
	classification than their generic level as indicated in Appendix 4 by
	evaluation of their position description.

APPENDIX 4

 

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

 

 

 

 

 

APPENDIX 5

 

MECHANICAL & RADIO SERVICES

 

MECHANICAL TRADES CLASSIFICATIONS