City of Sydney Wages/Salary Award 2014
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Applications by City of Sydney and another.
(Nos. IRC 175 and 365 of 2014)
Before The Honourable Justice Walton, President
|
7 October 2014
|
AWARD
SECTION ONE - COMMON CONDITIONS OF EMPLOYMENT
Contents
Clause No. Subject Matter
PART ONE - PRELIMINARY MATTERS
1. Title
2.
3. Application,
Area, Incidence, Operation and Duration
4. Definitions
PART TWO - EMPLOYMENT ARRANGEMENTS
5. Terms of
Employment
6. Hours of
Work
7. Local
Workplace Agreements
8. Public
Holidays
9. Overtime
10. Meal and
Crib Breaks
11. Work
Health and Safety in the Workplace
12. Workplace Change
and Redundancy - Employees commencing on or after 5 November 2009
13. Workplace
Change, Redundancy and Redeployment- Employees commencing before 5 November
2009
14. Anti-Discrimination
15. Competitive
Tendering
PART THREE - ALLOWANCES
16. Higher
Duties Allowance
17. Meal
Allowance
18. General
Allowance
19. Travelling
Time & Expenses
PART FOUR - LEAVE PROVISIONS
20. Annual
Holidays
21. Sick Leave
22. Personal
Carer’s Leave
22A. Flexible
Work Practices Alternative
23. Parental
Leave
24. Bereavement
Leave
25. Long
Service Leave
26. Accident
Pay
27. Refund of
Sick Leave
PART FIVE - SERVICE AND PAYMENTS ON TERMINATION
28. Payment to
Dependents of Deceased Employee
29. Calculation
of Service
PART SIX - OTHER MATTERS
30. Dispute Settlement
Procedures
31. Employee
Representatives
32. Skills
Development and Workplace Training
33.
PART SEVEN - SALARY SYSTEMS AND RATES OF PAY
34. Principles
35. Pay
Increases
36. Salary
Sacrifice
SECTION TWO - WAGES DIVISION
37. Hours of Work
38. Terms of
Employment
39. Overtime
40. Shift work
and penalty payments
41. Meal and
Crib Breaks - Ordinary Hours
42. Allowances
43. Annual
Leave Loading
SECTION THREE - SALARY DIVISION
44. Terms of
Employment
45. Hours of
Work
46. Overtime
47. Meal and
Crib Breaks - Ordinary Hours
48. Salary
Band System
49 Allowances
SECTION FOUR - APPENDICES
APPENDIX 1 - RATES OF PAY
APPENDIX 2 - TOOL ALLOWANCES
APPENDIX 3 - GENERAL ALLOWANCES & CONDITIONS
APPENDIX 4 - MULTI-SKILLING & CROSS-SKILLING
AGREEMENT 1996
APPENDIX 5 - 9 DAY FORTNIGHT & 19 DAY MONTH PAY
SYSTEM
APPENDIX 6 - WORKPLACE CHANGE, REDUNDANCY AND
REDEPLOYMENT- EMPLOYEES COMMENCING BEFORE 5 NOVEMBER 2009
PART ONE - PRELIMINARY MATTERS
1. Title
1.1 This Award will
be referred to as The City of Sydney Wages/Salary Award 2014.
2.
This clause has been intentionally left blank.
3. Application,
Area, Incidence, Operation and Duration of the Award
3.1 This Award is
binding on the Council of the City of Sydney, and the following industrial
organisations:
New South Wales Local Government, Clerical,
Administrative, Energy, Airlines & Utilities Union (trading as the
"United Services Union");
The Local Government Engineers' Association of New
South Wales;
The Development and Environmental Professionals’
Association;
3.2 The Award is
binding on all employees of the Council of the City of Sydney except those
employed under the following awards:
South Sydney City Council Wages Staff Award 2010, as
amended or replaced;
South Sydney City Council Salaried Officers Award 2010,
as amended or replaced.
3.3 The Award does
not apply to senior staff as defined in
section 332 of the Local Government Act 1993 (NSW) whose employment is covered
by the standard contracts referred to in section 338 of the Local Government
Act 1993 (NSW).
3.4 This Award
rescinds and replaces the provisions of the City of Sydney Wages/Salary Award
2010.
3.5 Operation and
Duration of Award
This Award will come into operation on and from 23
September 2014 and shall remain in force for a period of three (3) years.
4. Definitions
AFTERNOON SHIFT - means ordinary daily working hours which
finish after 8:00pm and at or before midnight, Monday to Friday inclusive
(excluding public holidays).
CONTINUOUS WORK - means work carried out through consecutive
shifts of employees over twenty-four (24) hours for at least six (6)
consecutive days without interruption, except during breakdowns, meal breaks,
or due to unavoidable causes beyond the control of the employer.
COUNCIL - means the Council of the City of Sydney and
includes the Chief Executive Officer or any person authorised by the Chief
Executive Officer to act on Council’s behalf.
DISMISSAL - means termination of the services of an employee
for reasons of serious misconduct or breach of discipline.
MEDICAL RETIREMENT - means termination of service with the
Council on account of a medical condition as referred to in Part 2, Clause 5.11
and Part 4, 21.9.
MORNING SHIFT - means ordinary daily working hours which
commence after 4:00am and before 5:30am, Monday to Friday inclusive (excluding
public holidays).
NIGHT SHIFT - means ordinary daily working hours which
finish after midnight or commence after midnight but before 4:00am Monday to
Friday inclusive (excluding public holidays).
PUBLIC HOLIDAY SHIFT - means the ordinary daily working
hours of a shift where the major portion falls on a public holiday.
RESIGNATION - means voluntary termination of employment by
the employee in accordance with this Award.
SATURDAY SHIFT- means ordinary daily working hours the major
portion of which fall between midnight Friday and midnight Saturday.
SHIFT WORK - means work performed during ordinary working
hours in continuous morning, afternoon, night shifts, rotating shifts or in
rostered shifts which include a Saturday or Sunday.
SUBSTANTIVE RATE - means the rate of pay to which an
employee is appointed to the service of the Council of the City of Sydney.
SUNDAY SHIFT - means ordinary daily working hours the major
portion of which fall between midnight Saturday and midnight Sunday.
UNION - means an Industrial Organisation of employees which
is party to this Award and which covers the particular employee/s concerned in
the service of the Council of the City of Sydney.
NOTE: All other issues are defined as they are drafted in
the relevant clauses of this Award.
PART TWO - EMPLOYMENT ARRANGEMENTS
5. Terms of
Employment
Employment will be on either a full-time, part-time,
temporary or casual basis.
5.1 Full-time
Employment
A full-time employee is permanently employed in
accordance with the working hour arrangements specified in this clause and in
the Wages Division Section 2 - clause 38 or the Salaried Division Section 3 -
clause 45.
5.2 Part-Time
Employment
5.2.1 A part-time
employee is permanently employed on a regular number of hours which are less
than the full-time ordinary hours.
5.2.2 Prior to
commencing part-time work the employer and employee must agree:
(a) that the
employee will work part-time; and
(b) hours, days and
start/finishing times; and
(c) the nature of
the work to be performed.
5.2.3 A part-time
employee may work more than their regular number of hours at their ordinary
hourly rate by agreement.
5.2.4 Part-time
working agreements may be varied in consultation with the employee, and will be
stated in writing with the original retained by Council and a copy provided to
the employee.
5.2.5 Part-time
employees will receive all the conditions prescribed by this Award on a
pro-rata basis of the regular hours worked.
An adjustment to accrued leave entitlements may be required at the
conclusion of each service year based on the proportion of actual hours worked.
5.2.6 A part-time
employee will be paid for public holiday(s) falling on a day(s) which they
would normally have been required to work, and will be paid for the hours
normally worked on that day.
5.2.7 The Council
shall advise the Secretary of the Union or Unions concerned in advance, of its
intention to employ an employee/s in accordance with the provisions of this
Clause and the area and anticipated duration of such employment.
Note: For further information see Salaried Division Section
3 - clause 44.
5.3 Temporary
Employment
If a position is vacant or the holder of the position
is sick or absent, Council may appoint a person to the position temporarily.
Temporary appointments will not continue for more than 12 months in accordance
with the Local Government Act 1993.
5.4 Casual
Employment
5.4.1 A casual
employee is engaged on a day to day basis, works intermittently in relieving
work or work of a casual and/or unexpected nature, and is paid by the hour.
5.4.2 A casual
employee is not entitled to any leave provided for in this Award (whether paid
or unpaid), or payment for a public holiday(s) falling on a day which they
would normally have been required to work.
5.4.3 A casual employee will be paid the hourly rate
prescribed for the classification in which they are employed. This hourly rate
will be calculated by dividing the substantive rate of pay for the position (as
provided by this Award) by the standard working hours.
5.4.4 The rates prescribed in paragraph 5.4.3 shall be
inclusive of an allowance or loading for annual holidays, sick leave, public
holidays and the temporary nature of employment, and an employee engaged under
this subclause, shall not be entitled to any additional payment for annual
holidays, sick leave or public holidays prescribed by the Award.
Note: For the applicable casual loading see Wages
Division Section 2 - clause 38 or Salaried Division Section 3 - clause 44.
5.5 Transfer of
Employees
5.5.1 All employees
covered by this Award may be employed in any part or location of Council’s
organisation as may exist from time to time to meet operational and customer
service needs.
5.5.2 Workplace
Flexibility
(a) The parties to
this Award agree that to provide an efficient and effective level of service,
staffing arrangements must continually address service demands and employees
must be flexible to the City’s requests to perform additional or other duties
as necessary.
(b) To meet service
demands, from time to time, the City may require employees to transfer between
divisions/positions within the same salary band or level.
(c) The transfer
of an employee to a new position will be carried out after considering the job
requirements of the position and the employee’s relevant experience, skills, abilities
and knowledge.
(d) An employee
will not be placed in a position where they are unable or unqualified to meet
that position’s job requirements, unless training opportunities are also
provided. It is the responsibility of the employee to notify the City if they
believe they are unable or unqualified to meet a position’s job requirements.
(e) Subject to the
provisions of sub-clauses 5.8.3, 5.9.4 and 12.10 transferring employees, for
the purposes of this clause, will receive their existing rate of pay (i.e the
employee’s take home pay will not be reduced).
(f) Transfers may
involve changes to duties and functions. Where this occurs, employees may be
required to undertake formal or on the job training to gain necessary skills
and to be able to accept new responsibilities.
(g) Where prior
written approval is given, the City will bear the costs associated with any
training which the employee is requested or required to undertake.
5.5.3 Appointment to a
Higher Position
An employee, who is appointed to a position in a higher
salary band and who, to convenience Council, is prevented from taking up the
appointment for a period of 14 days, dating from and inclusive of the date of
appointment, shall be paid the higher rate as and from the 15th day of such
appointment.
5.5.4 Promotion
(a) Movement from
position to position will be subject to vacancies and will be on the basis of
merit by means of competitive selection process as detailed in Council’s
Recruitment and Selection Policy.
(b) The filling of all
advertised vacancies whether by internal or external appointment will be on the
basis of merit.
5.6 Probation
The probationary period will allow Council to ascertain
whether the appointee's work performance meets the standards required. The
period of probation for initial appointments will be up to 6 months.
5.7 Employee notice
of Termination
5.7.1 Unless otherwise
provided, an employee will give to the Council the following notice of their
intention to terminate their employment;
(a) An employee in
Salaried Bands 1 to 6 or in the Wages Classification of the Award shall give to
council 2 weeks’ notice of their intention to terminate their employment.
(b) An employee in
Salaried Bands 7 to 10 of the Award shall give to Council 4 weeks of notice of
their intention to terminate their employment.
5.7.2 The council and
an employee may agree to a shorter period of notice for the purpose of this
sub-clause.
5.8 Employer Notice
of Termination
5.8. 1 Unless otherwise
provided, the Council shall give to an employee a period of notice of
termination in accordance with the following scale or payment in lieu thereof:
(a) For employees
in Salaried Bands 1 to 6 or in the Wages Classification of the Award;
Employee’s Period
of Continuous Service
|
Period of Notice
|
Less than 2 years
|
At least 2 weeks
|
2 years and less than 3 years
|
At least 3 weeks
|
3 years and less than 5 years
|
At least 4 weeks
|
5 years and beyond
|
At least 5 weeks
|
(b) For employees in
Salaried Bands 7 to 10 of the Award - 4 weeks’ notice.
5.8.2 The Council and
an employee may agree to a shorter period of notice for the purpose of this
sub-clause.
5.8.3 In cases of
serious misconduct, the council may summarily dismiss an employee following a
proper investigation and provided the employee is afforded procedural fairness.
Where an employee is summarily dismissed, sub-clause 5.8.1 shall not apply.
5.9 Discipline
5.9.1 Where an
employee’s work performance or conduct is considered unsatisfactory and/or
unacceptable to Council, discipline procedures will be promptly
implemented. Council’s Discipline Policy
and Procedures will be followed in all such cases.
5.9.2 In summary,
Council’s Discipline Policy and Procedures provides for a step by step formal
warning system. This system will provide all parties with the opportunity to:
(a) Identify and
discuss problems;
(b) Respond to
allegations with the support and assistance of their Union;
(c) Rectify the
problem; and
(d) Provide warnings
on a verbal and/or written basis as required.
5.9.3 Suspension of an
Employee
(a) At any stage
during this procedure Council may immediately suspend an employee without pay
for a period not exceeding 1 ordinary working week;
(b) Suspension from
duty does not affect continuity of service for the purposes of accruing leave
entitlements;
(c) If, after
investigation, the reasons for suspension are found to be inappropriate, the
employee will not suffer any loss of pay for the period of suspension.
5.9.4 At any time
during this procedure Council will be entitled to regress the employee to a
lower salary rate and/or demote the said employee to a lower paid position.
5.9.5 Nothing in this
clause prevents Council from terminating an employee’s service in accordance
with clause 5.8 Employer Notice of Termination and Dismissal of this Award.
5.9.6 Council or the
employee may request the presence of a Union representative at any stage in the
above procedures.
5.9.7 This procedure
shall not affect either party’s right to institute the Dispute Settlement
Procedures set out in clause 30 of this Award, or to notify the Industrial
Registrar as to the existence of an industrial dispute.
5.9.8 Employees may
have access to their personal files, and may take notes and/or obtain copies of
the contents of the file.
5.9.9 In the event
that an employee is of the opinion that any disciplinary or other record
contained on their personal file is incorrect, out of date, incomplete or
misleading, the employee may make application to the Chief Executive Officer
for the deletion or appropriate amendment of such record.
5.9.10 These provisions
do not affect the rights of the Council to take other disciplinary action
before and/or during the above procedures in cases of misconduct or where the
employee’s performance warrants such action.
5.10 Payment of
Employees
5.10.1 For further
information see Wages Division Section 2 - clause 38 or Salaried Division
Section 3 - clause 44.
5.10.2 Account
Maintenance
(a) All net pays will
be deposited into the employee nominated account at a mutually agreed financial
institution.
(b) Council
reserves the right to limit the definition and number(s) of financial
institutions which can be nominated.
(c) Employees must
supply full and complete details of the nominated account to the Council prior
to the Wednesday before the next payday.
(d) Time off during
normal working hours will not be required by employees, or authorised by
Council for the purpose of obtaining cash or otherwise attending to the
accounts at the nominated financial institution.
5.10.3 Averaging Pay
System
(a) In accordance
with clause 6 (Hours of Work) of this Award and other related clauses, the
following provisions shall apply notwithstanding any other provisions of this
Award. See Appendix 5 for table of 9-day fortnight and 19 day month pay
systems.
(b) The objective
of the averaging pay system is to pay the employee the same average pay for the
same average hours worked per pay period. See clause 6 (Hours of Work) for
further reference.
(c) The extra
hours the employee works in excess of the standard working hours shall be
accrued as a "credit". This "credit" shall be accumulated
as offsets against payments in the period of their pay cycle.
(d) The
"credit" will continue to accrue where an employee is absent from
work on any approved paid leave.
(e) The credit
will not continue to accrue where an employee is absent from work due to any
type of unpaid leave.
(f) In the case of
an employee whose employment terminates on a day other than the last day of a
work cycle and who has been paid under an averaging system of payment, the net
amount of any wages due to or owing by such employee shall be calculated by
bringing into account any debits and any credits in respect of such employee
during the work cycle in which the termination of employment occurs.
5.10.4 Payroll Deductions
(a) Council may
make payroll deductions as authorised in writing by the employee, or in
accordance with any court, legislative, Australian Tax Office or other valid
order imposing a legal obligation on Council to comply.
(b) Council
recognises that payroll deductions of union dues, in normal circumstances will
not be considered for removal. If the Council considers that exceptional
circumstances exist that would warrant a change to this policy, the Council
will firstly notify the Industrial Relations Commission (IRC) and the affected
Union of any future intention to remove payroll deductions and would maintain
the status quo until such time as the IRC has considered the issues in dispute.
5.11 Medical
Retirement
Following examinations by two medical practitioners,
one of whom may be nominated by the employee, Council may be satisfied that the
employee is permanently medically unfit by reason of illness or injury to
continue in employment. In such cases the Council may retire the employee from
service. If the Employee and Council agree on the opinion of one medical
practitioner, the Council is not obliged to refer the employee to a further
medical practitioner.
5.12 Uniforms and
Clothing
(a) Where Council
requires an employee to wear a uniform during the course of employment, the
Council shall pay the cost of such a uniform.
(b) In any case where
an employee is engaged in any employment, the conduct of which, in the opinion
of Council, is likely to cause abnormal wear or damage to the employee’s
personal clothing, the Council shall provide and pay the cost of protective
clothing. The style, nature, quality and quantity of such clothing shall be
determined by the Council.
(c) Where Council
has provided an employee with safety or protective clothing, including safety
footwear, equipment or other articles, irrespective of whether or not such clothing,
equipment or other articles were issued under the provisions of this clause,
the employee shall wear or use them in such a way as to achieve the purpose for
which they were supplied, which requirement shall be a condition of employment.
In addition the employee shall replace or pay for any such clothing, equipment
or other articles which, in the opinion of the Chief Executive Officer, are
lost or damaged through the employee’s misuse or negligence.
(d) All employees
will comply with safety regulations and wear all safety equipment or clothing
issued by Council at all times and in accordance with the approved and stated
policy of the Council’s Work Health and Safety Committee.
(e) Where an
employee does not comply with the provisions of this clause, the non-compliance
will be dealt with as follows:
The employee concerned will not be permitted to
commence work, and will be sent home to collect the clothing. No pay will be
provided for the period the employee is not at work.
If an employee persistently breaches the provisions of
this clause, the employee will be subject to the disciplinary action in
accordance with the relevant provisions of the Council’s disciplinary policy.
6. Hours of Work
Note: For particular application of this clause see Wages Division
Section 2 - clause 37 or Salaried Division Section 3 - Clause 45.
6.1 Hours of work
will be determined mutually between the parties under the following
arrangements:
(a) 38 hours per
week Monday to Friday inclusive - 152 hours over a 4 week period; or
(b) 36.25 hours
per week Monday to Friday inclusive.
6.2 The above
working hours options may be utilised in accordance with the following options
as they apply to particular classifications.
(a) Flexible Working
Arrangements (Salaried Division only see Section 3 - clause 45)
(b) 19 Day Month
(See Appendix 5 for further information)
An average of 38 hours per week on the basis of 152
hours within a work cycle not exceeding 28 consecutive days, on 19 working days
on week days of eight hours each continuously; or
An average of 36.25 hours on the basis of 145 hours
within a work cycle not exceeding 28 consecutive days, on 19 working days on
week days of 7.63 hours each continuously except for meal breaks at the
discretion of Council, or as otherwise agreed between the parties.
(c) 9 Day
Fortnight (Salaried Division only see Section 3 - clause 45.2).
6.3 Spread of Hours
The ordinary spread of hours will be between 6.00 am
and 8.00 pm Monday to Friday inclusive, exceptions to this are listed below.
Note that the ordinary spread of hours can only be varied by agreement between
the parties.
The exceptions are as follows:
Refuse Collection; not Street Sweeping, between 5.30 am
and 8.00 pm
Library Division; between 6.00 am and 9.00 pm
6.4 Shift Work and
Penalty Rates
6.4.1 The ordinary
daily working hours of a shift worker shall not exceed 76 hours per fortnight
to be worked as rostered, Monday to Sunday inclusive, provided they will not be
required to work:
(a) More than 11
shifts in 14 consecutive days without payment of overtime; or
(b) Broken shifts.
6.4.2 Shift workers
will be provided with an interval of at least 8 hours between the termination of
any shift and the commencement of the next succeeding shift.
6.4.3 Clause 6.4.2
will not apply to former Municipality of South Sydney employees, transferred to
the City of Sydney as a result of boundary changes or amalgamations prior to 8
May 2003, who shall be provided with an interval of at least 10 hours between
the termination of any shift and the commencement of the next succeeding shift.
6.4.4 In order to meet
the needs and requirements of the industry, the Council, by mutual agreement
with the Union concerned, may introduce shift work and may transfer employees
between shift and day work arrangements as needed to meet operational and
customer service needs. This transfer is subject to:
(a) an employee who
is engaged on day work, and required by Council to transfer to shift work, will
be paid an additional 50% penalty, or the appropriate shift penalty whichever
is the greater, for all shifts worked in the first week after the transfer; and
(b) In the event of
a dispute as to the necessity to introduce such work, the dispute resolution
procedures of this Award shall be implemented.
6.4.5 Council must
give a rostered shift worker (other than a shift worker rostered for relief
work) at least 48 hours clear notice of a change of roster arrangements. If such notice is not given, the employee
will be paid an additional 100% penalty for the first shift worked on the
altered roster.
6.4.6 Except in cases
of emergency (to be determined by Council), starting and ceasing times of
employees will not be altered without first giving 7 days’ notice to the
relevant Union.
6.4.7 Penalty Rates
The following shift penalty rates will be payable, note
this clause is to be read in conjunction with clause 4 Definitions:
(a) Rotating Shifts
Morning shift
|
Monday to Friday inclusive
|
Ordinary rate + 15%
|
Afternoon shift
|
Monday to Friday inclusive
|
Ordinary rate + 15%
|
Night shift
|
Monday to Friday inclusive
|
Ordinary rate + 15%
|
(b) Permanent
Shifts
Morning shift
|
Monday to Friday inclusive
|
Ordinary rate + 15%
|
Afternoon shift
|
Monday to Friday inclusive
|
Ordinary rate + 15%
|
Night shift
|
Monday to Friday inclusive
|
Ordinary rate + 30%
|
(c) Weekend and
Public Holiday Shifts
Saturday shift
|
Ordinary rates + 50%
|
Sunday shift
|
Ordinary rates + 100%
|
Public Holiday shift
|
Ordinary rates + 200%
|
(d) Prescribed 32
Hour Week Shift Workers
Perm. Night shift
|
Monday-Friday inclusive
|
Ordinary rates +11.5%
|
Saturday shift
|
Ordinary rates + 25%
|
|
Sunday shift
|
Ordinary rates + 75%
|
|
Public Holiday shift
|
Ordinary rates + 200%
|
|
6.4.8 Payment of Shift
Penalty Rates
Shift penalty rates will be paid, where possible, as an
averaged annual amount to provide employees working shift work with a
standardised pay outcome per pay period.
6.4.9 Transfer between
Shifts
(a) Except as
provided for in paragraph (b) of this sub-clause, an employee engaged on day
work who is required, by Council, to transfer to shiftwork shall be paid for
all morning, afternoon and night shifts worked in the first week of transfer at
the following penalty rates if transferred to a:
38 hour week roster - ordinary rates plus 50%.
32 hour week roster - ordinary rates plus 25%.
(b) An employee
engaged in day work, transferred to shiftwork at their own request, or as a
result of having applied for and obtained a position involving shiftwork, shall
not be entitled to additional payments described in this subclause.
6.5 Attendance
6.5.1 Notification of
Absence
An employee, who does not report for duty on any day,
for any reason, shall, as soon as practicable , to the normal starting time on
that day, notify the Council or its authorised representative as to the reason
for and prospective duration of their absence.
6.5.2 Absent Without Reasonable
Cause
Where an employee is absent from duty without
reasonable excuse, Council may make deductions from salary to recover the time
lost.
6.5.3 Abandonment of
Employment
Where an employee is absent from duty without permission
for a continuous period of 2 normal working weeks, and fails to provide a
satisfactory explanation for the absence, the employee will be deemed to have
terminated their employment by resignation with effect from the first day of
the absence.
7. Local
Workplace Agreements
7.1 The parties
agree to review operations at the workplace level on an ongoing basis with the
view to providing enhanced flexibility and efficiency.
7.2 In agreement
with employees and their representative unions, the City may establish Local
Workplace Agreements (LWA) particular to a specific site or group of employees
to provide improved flexibility and efficiency.
7.3 A LWA may be
negotiated to provide for different conditions of employment than are provided
for in the City’s Industrial Agreements and Awards. As an example an LWA may
change issues relating to: hours of work, shift work, overtime, on call, meal
breaks, and allowance payments.
7.4 A LWA may
provide for different conditions of employment where the following requirements
have been complied with:
Employees are not disadvantaged when the LWA is viewed
as a whole;
The majority of employees affected agree after taking
all views into consideration, including the need to maintain effective working
relationships;
The appropriate Union has been advised prior to
commencement of discussions with the employees concerned;
The LWA is not contrary to any law or other Enterprise
Agreement and does not jeopardise safety;
The hours of work cannot be altered so that they exceed
the maximum number of ordinary hours allowed under the Industrial Relations
Act;
The LWA will improve efficiency and/or customer service
and/or job satisfaction.
7.5 LWA’s will be
productivity-based. Existing Award provisions will apply unless expressly
varied by such an Agreement.
7.6 LWA’s may
provide for improvements in remuneration and/or conditions linked to
productivity improvements.
7.7 LWA’s will be
by consent, between employees, the City and the relevant Unions (s), where the parties
shall commit in writing and include a date of operation and expiration.
Affected employees will be given the opportunity to vote on any Agreement
proposed by the relevant union(s). In order for the LWA to be accepted, a
majority (i.e 50% +1) of employees party to the LWA must vote in favour of it.
7.8 All LWA’s that
have been accepted as per subclause 7.7 will be registered with the NSW
Industrial Relations Commission.
8. Public
Holidays
8.1 Prescribed Days
The provisions of the Public Holidays Act 2010 (NSW)
shall apply and the days specified in the Public Holidays Act 2010 (NSW) shall
be observed as holidays and will be paid at ordinary daily rates of pay under
this Award. In addition to the days specified in the Public Holidays Act 2010
(NSW) other holidays proclaimed by the State or Federal Governments shall also
be observed and paid at ordinary daily rates under this Award.
8.2 In addition to
the days provided for in sub-clause (1), employees who are Aboriginal and
Torres Strait Islanders shall be entitled to one day during NAIDOC week so that
they can participate in National Aboriginal and Islander Day celebrations.
8.3 Annual Picnic
Day
8.3.1 In addition to
the prescribed holidays identified in sub-clause 8.1 and 8.2, the annual picnic
day for the New South Wales Local Government, Clerical, Administrative, Energy,
Airlines and Utilities Union shall for the purposes of the Award also be
regarded as a prescribed holiday.
8.3.2 The annual
picnic day as advised by the New South Wales Local Government, Clerical,
Administrative, Energy, Airlines & Utilities Union, will be the same day
for all employees and other respondent unions.
8.3.3 Proof of
attendance for the annual picnic day may be required by Council for the payment
for the day to be made (e.g union listing, produce ticket butt).
8.4 Higher Duties
Where an employee has performed the duties of a higher
position for the full day preceding or following a holiday, the employee will
be paid for the holiday at the higher rate.
Note: For further information see Wages Division
Section 2 - clause 42 or Salaried Division Section 3 - clause 49.
8.5 Absent without
Pay
An employee who is absent without pay on the working days
immediately before and after a holiday will not be entitled to payment for the
holiday.
8.6 Day Off
Where a public holiday falls on a ‘day off’ for a shift
worker, or on a ‘day off’ Monday to Friday inclusive for an employee whose
ordinary working hours include a Saturday or Sunday, the employee will be paid
an ordinary days pay.
9. Overtime
9.1 Requirement to
work reasonable overtime
Council may
require an employee to work reasonable overtime in order to meet the needs and
requirements of the industry, including work on Saturdays, Sundays and public
holidays or shift work as necessary.
9.2 Minimum Break
9.2.1 Overtime will be arranged so that an
employee has at least 10 consecutive hours off duty between the ordinary
working hours of successive days.
9.2.2 For overtime worked outside of ordinary
working days the employee must have at least 10 consecutive hours off duty
between overtime shifts and the commencement of ordinary working hours
9.2.3 If an employee does not receive the break
outlined above in sub-clause 9.2.1 and 9.2.2, on completion of such overtime
the employee should be released off duty without loss of pay until he or she
has had the 10 consecutive hours or alternatively, be paid at double ordinary
rates per hour or part thereof until such time as the period of 10 consecutive
hours is granted.
9.3 Eligibility for Overtime
9.3.1 Monday to Friday
Note: For further information on eligibility for Monday
to Friday overtime see Wages Division Section 2 - clause 39 or Salaried Division
Section 3 - clause 46.
9.3.2 Saturday
Time and a half ordinary rates per hour or part thereof
for the first two hours and double time thereafter, provided that all overtime
worked after 12 noon on Saturday will be paid at double time;
9.3.3 Sunday
All overtime at double ordinary rates per hour or part
thereof.
9.3.4 Time off in lieu
Consistent
with this clause, eligible employees may choose whether to be paid for the
overtime or to take time off in lieu. Time off in lieu will be taken within a
calendar month with the exception that occasions occurring within the last week
of the month will be carried forward to the next month. Other arrangements may
be made by mutual agreement between the employee and their supervisor.
Employees opting to take time off in lieu will be granted the equivalent time
off to the actual hours worked.
9.4 Public Holidays
9.4.1 Where an employee is required to work
ordinary hours on a holiday as prescribed by this Award (where the time worked
falls within the normal working hours were the day not a Public Holiday), the
employee shall be paid treble time inclusive of the ordinary payment for the
holiday. Overtime worked outside these hours on a public holiday will be paid
at treble ordinary rates.
9.4.2 Where the major portion of a period of
overtime extends into a Sunday or a Public Holiday, the whole of that overtime
period will be paid at the Sunday or Public Holiday overtime rates.
9.5 Continuous
Overtime
Overtime worked, on any 1 day, whether in broken periods or otherwise will be regarded as
continuous.
9.6 Call Back to
Work
An employee
who has ceased work and returned home, will, if directed to return back to
their work location and resume and cease work before their next normal starting
time, receive a minimum payment, inclusive of travelling time, equivalent to 4
hours work at appropriate overtime rates whether required to work for 4 hours
or not.
9.7 Transport
If overtime
finishes at an hour when the usual means of transport to the employee's home are
not available, Council will provide or pay for suitable transport direct to the
employee's home.
9.8 Overtime for
Shift workers
9.8.1 Except as provided, all overtime worked by a
shift worker, either before or after and in extension of their ordinary daily
working hours, will be paid for as follows:-
(a) Monday to Saturday (inclusive)
One and a
half times the ordinary rate per hour or part thereof for the first 2 hours and
double time thereafter. Provided that
all overtime worked after 12noon on Saturday will be double time.
(b) Sundays
All
overtime at double time per hour or part thereof.
(c) Public Holidays
All
overtime worked, as prescribed in this paragraph, on a Public holiday will be
paid at treble the ordinary rate.
9.8.2 Overtime on a "Day
Off"
A shift
worker required to work overtime on a 'day off' under a roster system, or who
has ceased work and is called out to work overtime which commences and
terminates before their next normal
starting time, will be paid for such overtime at double time per hour or part
thereof.
9.8.3 Ordinary Working
Hours on a Public Holiday
Time worked
by a shift worker on a Public Holiday during what would otherwise be ordinary
working hours will not be regarded as overtime and will be paid for at appropriate
penalty rates.
Note: For
further information see Wages Division Section 2 - clause 39 or Salaried
Division Section 3 - clause 46.
10. Meal and Crib
Breaks
10.1 Meal and Crib
Breaks
10.1.1 Ordinary Working
Hours
(a) Except as provided, the Council will
grant an unpaid meal break of 45 minutes during ordinary daily working hours,
to be taken as directed.
(b) An employee will only be required to work
continuously for more than 5
hours without a meal or crib break in cases of extreme emergency, and in these
instances will be paid at double ordinary rates for all ordinary working time
worked after the expiry of the 5 hour period until such break is granted, or
until normal ceasing time whichever is the earlier.
(c) An employee required to commence
ordinary working hours between 5.30 am and 6.00 am (both inclusive) will be granted a crib break of
15 minutes duration before 9.00 am,
to count as ordinary time worked, and taken as directed.
Note: For
further information see Wages Division Section 2 - clause 41 or Salaried
Division Section 3- clause 47.
10.1.2 Shift work
(a) An employee on
continuous work, will be granted a crib break of 30 minutes per shift and an
employee on shift work other than continuous work, will be granted a crib break of similar duration
in each morning, afternoon, night, Saturday, Sunday and holiday shift exceeding
5 hours duration.
(b) Crib breaks
will be taken as directed, will be part of ordinary working hours, and will be
paid for at the rate applicable to the shift upon which the employee is
engaged.
10.1.3 Overtime
(a) An employee
directed to work a period of overtime which adjoins the employee's ordinary
working time and extends for 2 hours or more, will be granted a crib break of
twenty minutes each 2 hours of such overtime, to be taken as directed, and paid
at the overtime rate applicable.
(b) Overtime worked
before and after normal ceasing time will not be regarded as continuous for the
purposes of this clause, and an employee will not be entitled to payment for
crib time unless the employee is required to continue working after having
taken such crib time.
(c) An employee
directed to work overtime which commences and ceases outside ordinary working
hours, or falls on any day which is not an ordinary working day, will be
granted a crib break of 20 minutes upon the completion of each four hours of
such overtime, which if the employee is required to continue working after such
crib break, will be paid for at the overtime rate applicable.
(d) Council may
direct any employee who becomes entitled to more than1 crib break, to take the
crib breaks in either separate or consecutive periods, but will not require the
employee to work continuously for more than five hours without a' crib break.
(e) In the case
where the needs and requirements of the work so permit, the Council, if
requested by an employee engaged on overtime, may extend the duration of any
crib break to which the employee has become entitled, for a period not exceeding 1 hour to be taken as directed by Council. If the
employee takes such a break then Council shall not be liable for any time taken
in excess of 20 minutes, nor shall such .excess time count as time worked.
(f) Except as
provided above, in the calculation of overtime crib breaks shall be treated as
part of the time worked.
11. Work Health
& Safety in the Workplace
Work Health & Safety
11.1 The parties to this Agreement acknowledge
that they are mutually responsible for providing a safe and healthy work environment. The parties will work
co-operatively through the Work Health & Safety (WHS) Committee and other
workplace consultative committees to ensure that employees may carry out their
work free from the risk of injury or harm.
11.2 The City will continuously address hazards
in the workplace through implementation of WHS Plans which may be added to or
amended from time to time. WHS Plans will be used to identify, assess and
control workplace hazards through consultation with employees and management.
11.3 The City will put in place and/or instruct
employees on safe systems of work and all employees will comply with those safe
systems of work and use the plant, equipment, and protective clothing provided
safely and in the manner for which it is intended.
11.4 Employees who identify potential risks or
hazards must immediately report the risk or hazard to their immediate
supervisor or WHS Committee.
Rehabilitation
11.5 The City will provide and resource a
workplace based rehabilitation program and rehabilitation co-ordinator in
accordance with Work Cover statutory requirements.
11.6 The City’s rehabilitation program will
ensure that rehabilitation is commenced as soon as practicable following injury
or illness and will ensure that appropriate duties are provided to assist in an
early return to work. Participation in a rehabilitation program will not
prejudice an employee.
11.7 Employees are required to formally notify
their supervisor of any injury or illness as soon as possible. Employees must
attend any medical or rehabilitation assessments required by the City and must
cooperate with the City's directions in respect of the Rehabilitation Program.
First Aid
Officer
11.8 Council must ensure that sufficient First Aid
Officers are nominated in each work area to cover all shift and variable
working arrangements.
12. Workplace
Change and Redundancy - Employees Commencing On or After 5 November 2009
This clause
applies to all employees who commence employment on or after 5 November 2009.
12.1 Council's Duty to Notify
(a) Where Council has made a definite
decision to introduce major changes in production, program, organisation
structure or technology that are likely to have significant effects on
employees, the council shall notify the employees who may be affected by the
proposed changes and the unions to which they belong.
(b) "Significant effects" include
termination of employment, major changes in the composition, operation or size
of the council's workforce or in the skills required, the elimination or
diminution of job opportunities, promotion opportunities or job tenure, the
alteration of hours of work, the need for retraining or transfer of employees
to other work or locations and the restructuring of jobs. Provided that where the award makes provision
for the alteration of any of the matters referred to herein an alteration shall
be deemed not to have significant effect.
12.2 Council's Duty to Discuss Change
(a) Council shall discuss with the
employee(s) affected and the union to which they belong, inter alia, the
introduction of the changes referred to in sub-clauses 12.1 (a) and (b) of this
clause, what affects the changes are likely to have on the employee(s) and
measures to avert or mitigate the adverse changes on the employee(s) and shall
give prompt consideration to matters raised by the employee(s) and/or their
union in relation to the changes and may reconsider its original decision.
(b) The discussion shall commence as early
as practicable after a definite decision has been made by the council to make
the changes referred to in sub-clause 12.1 (a) and (b) of this clause.
(c) For the purposes of the discussion, the
council shall provide to the employee(s) concerned and the union to which they
belong, all relevant information about the changes including the nature of the
changes proposed, the expected effects of the changes on the employee(s) and
any other matters likely to affect the employee(s).
12.3 Discussion before Termination
(a) Where a council has made a definite
decision that it no longer wishes the job the employee has been doing done by
anyone pursuant to subclause 12.1 (a) and (b) of this clause and that decision
may lead to the termination of employment, the council shall hold discussions
with the employee directly affected and with the union to which they belong.
(b) The discussion shall take place as soon
as it is practicable after the council has made a definite decision which shall
invoke the provision of paragraph (a) of this sub-clause and shall cover, inter
alia, any reasons for the proposed terminations, measures to avoid or minimise
the terminations and measures to mitigate any adverse effects of the
terminations of the employee(s) concerned.
(c ) For the purposes of the discussion, the
council shall, as soon as practicable, provide to the employee(s) concerned and
the union to which they belong, all relevant information about the proposed
terminations including the reasons for the proposed terminations, the number
and category of employee(s) likely to be affected and the number of employee(s)
normally employed and the period over which the terminations are likely to be
carried out. Provided that the council shall not be required to disclose
confidential information the disclosure of which would adversely affect the
council.
12.4 Notice to Centrelink
Where a
decision has been made to terminate employees, the council shall notify
Centrelink as soon as possible giving relevant information including the number
and categories of the employees likely to be affected and the period over which
the terminations are intended to be carried out.
12.5 Notice of Termination
(a) Five weeks’ notice to terminate or pay
in lieu thereof shall be given
(b) Where an employee is to be terminated
because of the introduction of technology the employee shall be entitled to the
following:
(i) Three (3) months’ notice of termination
or
(ii) Payment in lieu of the notice in
paragraph (i) above. Provided that employment may be terminated by part of the
period of notice specified and part payment in lieu thereof.
(iii) Notice or payment of notice under this
paragraph shall be deemed to be service with the council for the purposes of
calculating leave entitlements under this Award.
12.6 Redundancy
(a) This sub-clause shall apply where an
employee is terminated due to redundancy. Council shall be exempt from the
operation of this sub-clause where the employee concerned has been offered, but
has refused to accept, an alternative position within the council's
organisation structure of comparable skill and accountability levels and
remuneration no less than the position previously held by the employee.
(b) In addition to any required period of
notice, and subject to sub-clause (a) of this Clause, the employee shall be
entitled to the following table:
Completed Years of
Service With Council
|
Entitlement
|
Less than 1 year
|
Nil
|
1 year and less
than 2 years
|
5 weeks pay
|
2 years and less
than 3 years
|
9 weeks pay
|
3 years and less
than 4 years
|
13 weeks pay
|
4 years and less
than 5 years
|
16 weeks pay
|
5 years and less
than 6 years
|
19 weeks pay
|
6 years and less
than 7 years
|
22 weeks pay
|
7 years and less
than 8 years
|
25 weeks pay
|
8 years and less
than 9 years
|
28 weeks pay
|
9 years and less
than 10 years
|
31 weeks pay
|
10 years and
thereafter
|
34 weeks pay
|
12.7 An employee who resigns during the period
of notice is entitled to the same redundancy payments provided in this clause as
if they had remained in the council's employment until the expiry of the notice
period.
12.8 During a period of notice of termination
given by the council, an employee shall be allowed up to one day off without
loss of pay during each week of notice for the purpose of seeking other
employment. Where required by the council the employee shall provide proof of
attendance at an interview.
12.9 A redundant employee shall be entitled to
the payment of a job search allowance of up to $2,000 to meet expenses associated
with seeking other employment subject to proof of expenditure or on production
of an invoice, and/or other appropriate documentation. The employee’s
entitlement to claim the job search allowance is limited to a period of up to
12 months from their termination of service with the council or until the
employee secures alternative employment, whichever is the sooner.
12.10 If the employee agrees to be redeployed by
council into a lower paid position, the employee's existing salary and
conditions shall be maintained for a period equivalent to the amount of notice
and redundancy pay that the employee would be entitled to under this Award.
Provided that should the employee resign during the period of salary
maintenance, as provided for by this sub-clause, the balance of any notice and
redundancy pay that the employee would have been entitled to for the remainder
of the period of salary maintenance shall be paid on termination.
12.11 The council shall, upon receipt of a request from
an employee to show employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification or the type of work performed by the employee.
12.12 The council shall, upon receipt of a request
from an employee whose employment has been terminated, provide to the employee
an "Employment Separation Certificate" in the form required by
Centrelink.
12.13 In the event that council determines that a
position is redundant, council where practicable, shall firstly offer such
redundancy on a voluntary basis.
12.14 Nothing in this Award shall be construed so as
to require the reduction or alteration of more advantageous benefits or
conditions which an employee may be entitled to under any existing redundancy
arrangement, taken as a whole, between the industry unions and the councils
bound by this Award.
12.15 Subject to an application by the Council and
further order of the Industrial Relations Commission of New South Wales,
Council may pay a lesser amount (or no amount) of redundancy pay than that
contained on sub-clause (12.6) above if the council obtains acceptable
alternative employment for an employee.
12.16 Nothing in this clause shall restrict an
employee with ten years’ service or more and Council from agreeing to further
severance payments.
13. Workplace Change, Redundancy and
Redeployment - Employees Commencing before 5 November 2009
This clause
applies to all employees who commenced employment before 5 November 2009. The
conditions which apply to these employees are set out in Appendix 6.
14. Anti-discrimination
14.1 It is the intention of the parties to this
Award to seek to achieve the object in section 3(f) of the Industrial Relations
Act 1996 (NSW) to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity and age.
14.2 It follows that in fulfilling their
obligations under the dispute resolution procedure set out in this agreement
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.
14.3 Under the Anti-Discrimination Act 1977
(NSW), 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.
14.4 Nothing in this clause is to be taken to
affect:
(a) Any conduct or act which is specifically
exempted from anti-discrimination legislation;
(b) Offering or providing junior rates of
pay to persons under 21 years of age;
(c) Any act or practice of a body
established to propagate religion which is exempted under sec 56 (d) of the
Anti-Discrimination Act 1977 (NSW);
(d) A party to this agreement from pursuing
matters of unlawful discrimination in any State or Federal jurisdiction.
14.5 This clause does not create legal rights or
obligations in addition to those imposed upon the parties by the legislation
referred to' in this clause.
15. Competitive Tendering
15.1 Competitive tendering is the calling of
tenders by Council for the provision of services that are currently being
performed by Council employees where Council’s in-house service unit submits a
bid as well as external contractors. Council then makes its decision based on
the tender bids about who will provide the service.
15.2 Prior to
making a decision to competitively
tender a service,
Council shall notify and consult
with the relevant union(s) which may have members likely to be affected by the
decision.
15.3 Where the Council makes a definite decision
to competitively tender a service, Council shall notify the employees who will
be affected by the proposed tender of such services and the Union(s) to which
they belong.
15.4 Council shall discuss the competitive
tendering process with the affected employees and union(s) and give
consideration to matters raised by employees and union(s) to which they belong.
15.5 Discussions between Council and the affected
employees and the relevant union(s) shall commence as early as practicable
after a definite decision has been made to competitively tender a service.
15.6 For the purpose of the discussion Council
shall provide to the employees and union(s) to which they belong, all relevant
information about the tendering process
including the nature of the service to be tendered, the proposed timetable for
the tender service, the expected effects employees, a process for the formulation of an in-house
bid and any other matters likely to affect the employees.
15.7 Where a contract is won by an in-house bid,
an agreement stating the duration and other relevant terms shall be entered
into.
PART THREE -
ALLOWANCES
16. HIGHER DUTIES ALLOWANCE
16.1 An employee required to perform the duties
of a position at a salary rate higher than the employee's substantive position,
will be paid the difference between their normal salary and the base rate of
the position in the higher salary (in addition to the employee's normal
salary).
16.2 Permanent Appointment and Higher Grade
Duties
Except in
cases where the higher grade is vacant because of Sick Leave, Long Service
Leave, or approved leave without pay, Council, in any case where an employee
has been required to act in a vacant position in a higher salary band for a
period of 3 months, will take the necessary steps to make a permanent
appointment to such position.
Note: For
further information see Wages Division Section 2 - clause 42 or Salaried
Division Section 3 - cause 49.
17. MEAL ALLOWANCE
17.1 An employee required to work a continuous
period of overtime will be paid a meal allowance as follows:
(a) Overtime in continuance of ordinary
working hours:
$14.08 on completion of 2 hours;
A further $14.08 on completion of each subsequent 4
hours thereafter.
(b) Overtime which commences and terminates
outside of ordinary working hours:
$14.08 on completion of 4 hours; and
A further $14.08 on completion of each subsequent 4
hours thereafter.
17.2 An employee required to work overtime in
connection with a meeting of the Council or a Committee of the Council beyond
5:45 pm on any day, Monday to Friday inclusive, will be paid a meal allowance
of $14.08 but will not be entitled to a further meal allowance until the
completion of four hours overtime.
17.3 Continuity of Overtime
For the
purpose of this clause:
(a) A crib break or a meal break is not an
interruption to the continuity of overtime.
(b) Overtime worked before normal starting and
ceasing time in extension of ordinary working hours will not be regarded as
continuous.
Note: For
further information see Wages Division Section 2- clause 39 or Salaried
Division Section 3- clause 46.
18. General Allowances
18.1 Annualisation of Allowances
By
agreement of the majority of employees in a designated work group, general
allowances may be annualised into rates of pay. Those allowances are detailed
in this Clause and in Appendix 3.
PART A of
Appendix 3 contains allowances that may be annualised into rates of pay for
employees in a Wages Classification of this Award.
Clause B.1
of Part B of Appendix 3 contains allowances that may be annualised into rates
of pay for employees in a Wages Classification of this Award but pertain to
duties that are not being performed by employees as at the date of this Award.
Clause B.2
of Part B of Appendix 3 contains allowances that may be annualised into rates
of pay for employees in a Salaried Classification of this Award but pertain to
duties that are not being performed by employees as at the date of this Award.
18.2 On-Call Allowance
An employee
who is at Salary Band 5 or below or in the Wages Classification of this Award
and is directed by Council to be
available for emergency and/or breakdown work, outside the employee's ordinary
working hours will be entitled to an on
call allowance, with the following conditions:
(a) When on call the employee is required,
upon receiving a call out, to proceed directly to and from the job;
(b) When on call the employee will be
contactable, and physically able to respond to a call within a reasonable time
considering the nature of being on call for emergency and breakdown situations;
(c) An employee on call will not be required
to be constantly available beyond a period of 4 weeks where other employees are
available. Where other employees are not available, the employee concerned will
have at least 1 weekend (2 consecutive days) off duty in each period of 4
weeks, without reduction of the allowance paid;
(d) A call out is that period from the time
the employee receives a call(s), to the time the employee ceases work in
connection with such call(s) and arrives at home or other authorised place, and
includes the work involved in any further call(s) for service which the employee may receive whilst
out on duty or upon arrival at home or such other authorised place, the
recording of information relating to the work, and all other actions necessary
to satisfactorily complete the work;
(e) On call shall not include periods of
pre-arranged overtime;
(f) An employee required to work during the
8 hours immediately preceding their usual starting time, may defer the starting
time by a period up to the actual time worked;
(g) The payment of this allowance will be
calculated on a daily basis. Where the on-call requirement covers more than 1
day the majority of the day on which the call out occurs will form the basis
for payment.
(h) The on call allowance will be $7.60 per
day Monday to Friday, and $15.20 on Saturday, Sunday and Public Holidays;
(i) In addition to the prescribed
allowance, the employee will be paid double ordinary rates for the time
required to complete each call-out, with a minimum of 1 hour for each call out;
(j) Where the employee is required to work
on a roster, the allowance will be divided by the proportion of the number of
weeks on duty in any rolling period and paid in equal amounts for each week in
such period; provided that an employee who is required to perform extra duty at
any time during the employee's usual rostered off period shall receive payment
for such extra duty, in accordance with this clause, in addition to the amount
calculated in accordance with this sub-clause;
(k) Emergency and/or breakdown work includes
returning to safe and proper operating conditions any plant and equipment which
has failed, or is likely to fail, in service, and/or performing maintenance
work which is of such an urgent nature that if not carried out or temporary
repairs are not affected, may have serious consequences for Council's
operations. It also includes emergency work related to alleviating distress or
hardship, and without limiting this generality includes noise complaints, and
matters related to public health and safety;
(l) The employee will be granted an
additional day’s annual leave for each public holiday required to be on call.
(m) An employee who is in receipt of an on
call allowance and is directed to be available to:
(i) Respond to phone calls or messages;
(ii) Provide advice over the phone;
(iii) Arrange call out/rosters of other
employees; and
(iv) Remotely monitor and/or address issues by
remote telephone and/or computer access
will be paid
at their ordinary rate of pay for the hours worked with a minimum payment of
two hours, providing that any subsequent work performed remotely within the two
hour period shall not attract an additional payment.
(n) Notwithstanding the qualifying provisions
outlined above, Employees at Salary Band 6 or above who received on call
allowance 'prior to the making of this Award may continue to receive the
allowance for six months after the making of the Award.
18.3 Travelling Allowance for Official Business
18.3.1 An employee required to travel inter or intra
state for official business shall be entitled to the provisions of Council's
travel and conference policies.
18.3.2 Where an employee is required to work overtime
while being paid this allowance the meal allowance provisions at clause 17 will
not apply.
18.4 Community Language & Signing Work
Allowance
18.4.1 Where an employee is required to provide a
language service to speakers of a language other than English, or to provide
signing services to those with hearing difficulties as a regular part of their
normal duties, the employee shall be paid an allowance of $16.63 per week,
which shall be a flat-rate allowance (i.e. not paid for all purposes).
18.4.2 This work will require the employee to act as a
first point of contact for people requiring these services. The employee identifies the customer's area
of inquiry and provides necessary assistance to successfully conclude the
customer service requirement.
18.4.3 The allowance will only be paid to an employee
where the need is specified as an essential requirement of the employee’s
position description and/or this service requirement for an employee has been
approved by the Director Workforce and Information Services.
19. Travelling Time and Expenses
19.1 The provision of this sub-clause does not
apply to those persons employed in the previous classifications, grades and
levels of Refuse Collection and Disposal Group which is now known as the
Cleansing and Waste Unit (or staff from outside the unit who perform work for
the Cleansing and Waste Unit in the Cleansing and Waste classifications). For all other employees, the time occupied in
travelling to and from work in accordance with this sub-clause will be paid at
the following rates:
Monday to
Friday inclusive, except Public Holidays - ordinary rates
Saturdays,
Sundays and Public Holidays - time and a half ordinary rates
19.2 Council is not liable for travelling time
in excess of three hours at the appropriate rate, or travelling expenses in excess
of $13.61 on any day.
19.3 Travelling expenses reasonably and
necessarily incurred in such travelling will be reimbursed, based on expenses
which are or would be incurred in travelling by normal means of public
transport.
19.4 Travelling expense rates will be adjusted
(up to the nearest ten cents) in line with variations to metropolitan public
transport ticket prices.
19.5 An employee required, for the purposes of
ordinary working hours, to travel between abode and place of employment a fixed
number of times in each pay period, and who is required to travel in excess of
such number of times, will be paid for the time occupied in such excess travel.
19.6 An employee required to work at a location
outside the boundaries of the City will be paid the additional time spent
travelling between home and the location which is in excess of their normal
home to work travelling between the Town Hall, Sydney and home (to a maximum of
3 hours). The employee will also be entitled to travelling expenses calculated
on the same basis. This payment will be provided for 6 months only.
19.7 An employee required to work at a location which is not their normal place of work within the boundaries of
the City will be paid for the time spent travelling between the location and
home where it is more than 20 minutes otherwise spent travelling between the
Town Hall, Sydney and home. This payment will be provided for 6 months only.
19.8 An
employee who is required to commence and/or cease duty at a location other than
the workshop or depot they are normally attached to, will be reimbursed for any
additional expenses incurred in travelling between home and such location.
PART FOUR - LEAVE
PROVISIONS
20. ANNUAL HOLIDAYS
20.1 Four weeks annual holiday
An employee
is entitled, at the end of each year of service, to 4 ordinary working weeks
annual holiday, or the hourly equivalent thereof, exclusive of public holidays,
observed on an ordinary working day, or during the period of annual holiday in
the case of a shift worker or an employee whose ordinary working hours include
a Saturday or Sunday.
20.2 The annual holiday should be given and
taken by agreement between the employee and their supervisor in one consecutive
period, or in as close to one consecutive period, in order to complete weeks of
the work cycle. Periods of annual leave of less than 1 full working week may be
approved, but will not exceed a total of five ordinary working days in any one
service year.
20.3 Where any period of annual holiday has been
taken before the right to the annual holiday has accrued, the right to a
further annual holiday will not start to accrue until after the expiration of
the year of service in respect of which the annual holiday, or part thereof,
has been taken.
20.4 A part-time employee is entitled to an
annual holiday on a pro-rata basis to the equivalent full time entitlement.
20.5 Where a public holiday occurs during any
period of annual holidays taken by an employee, the annual holiday period shall
be increased by 1 ordinary working day, or for shift workers the next
succeeding shift.
20.6 Pay in advance for annual holidays
The
employee may elect to be paid in advance, provided that the minimum period of
annual holiday that will be paid in advance is 1 whole pay period.
20.7 If the employee has received higher
position or extra duties allowance for at least 3 months immediately preceding
the taking of leave, and has not ceased to do such work for a period, or a
total of several separate periods exceeding the employee's ordinary working
week in the higher position the employee shall be paid for the period of annual
holiday at the salary or wage applicable to the higher position or extra
duties.
20.8 Annual Leave Loading
Annual
leave loading shall be paid as a component of ordinary salary for employees and
is reflected in the rates of pay detailed at Appendix 1. (See Wages Division - Section 2 clause 43).
20.9 Payment of Annual Leave on Termination
Upon
leaving the Council for any reason, employees will be paid their total balance
of annual leave as at the date of termination of services.
20.10 Notice to take Annual Leave
(a) The annual holiday shall be given by
Council, and shall be taken by the employee within 12 months of the date the
holiday accrues. This leave may be postponed, by mutual agreement, for up to 22
months of service from the date of accrual in any case where circumstances
render such postponement desirable or necessary.
(b) Council may roster the taking of annual
holidays.
(c) Where the Council rosters the taking of
an annual holiday, Council will give at least 2 months’ notice of the date the
annual holiday is to be taken.
20.11 Leave with pay for Commonwealth or State
sporting representation
An employee
selected to represent the Commonwealth or State in sport, may be granted leave
with pay under this clause for a period not exceeding 4 weeks. Where this leave
is granted, the leave shall be deducted from annual holidays accrued to the
employee within the ensuing 12 months under the provisions of this clause.
21. Sick Leave
Employees who
are unable to work due to:
(a) Illness or injury (except injury covered
by Worker's Compensation); or
(b) A visit to a qualified medical
practitioner to obtain advice or treatment; or
(c) Restrictions imposed by Commonwealth or
State Law in respect of contact with a person suffering from an infectious
disease;
Shall be
entitled to the following cumulative sick leave provisions. The entitlement to
sick leave used as personal carer's leave shall be in accordance with Award
Clause 22 - Personal Carer's leave provisions of this Award.
Required Length of Service
|
Entitlement
|
On
commencement of employment
|
10 days
|
On completion
of the first year of service
|
15 days
|
On completion
of each year of service thereafter Provided that for
|
15 days
|
the fifth and
each subsequent year of service completed on or
|
18 days
|
after 1/1/82,
the Council shall credit the employee with 18 days
|
|
sick leave
with pay.
|
|
21.2 The above entitlements are subject to the
following conditions:
(a) Sick leave entitlements shall be
cumulative from year to year so that any balance of leave not taken in any one
year may be taken in subsequent years; and
(b) Council shall be satisfied that the
illness or injury is such that it justifies the time off work; and
(c) The illness or injury does not arise
from engaging in professional
(fee/monetary gain) sport activities; and
(d) Proof of illness shall include appropriate
certification from a qualified medical practitioner dated no later than the 3rd
day of the employee’s illness or injury; and
(e) A medical practitioner's certificate
shall be provided where an employee's period of absence is in excess of 2 ordinary
working days or after 3 unsupported periods of absence each not exceeding 2
days; and
(f) The certification from the medical
practitioner shall clearly state the:
(i) Name of the employee;
(ii) Date of the first consultation with the
medical practitioner;
(iii) Period for which the employee is unfit
for work; and
(iv) Signature and qualification of the person
issuing the certification.
21.2A Where an employee is on annual or long service
leave and immediately on return from leave gives to Council appropriate medical
certification of illness or injury that has led to their hospitalisation or
inability to undertake any recreational activity for a period of at least 7
consecutive days the employee shall be re-credited annual or long service leave
and debited sick leave equivalent to the period for which they were
hospitalized or unable to undertake recreational activity.
21.3 Notification of Absence
An
employee, who does not report for duty on any day for any reason, shall, as
soon as practicable, to the normal starting time on that day, notify the
Council or its authorised representative as to the reason for and prospective
duration of their absence. This clause should be read in conjunction with
clause 6.5 (Hours of Work Attendance).
21.4 Council Assessment
Council, at
any time, may require employees to attend a qualified medical practitioner
nominated by the Council at council's cost to assess the employee's fitness for
work.
21.5 Public Holidays shall not be counted as sick
leave as provided for in this clause.
21.6 Where an employee is on annual or long
service leave and produces appropriate medical certification of illness or
injury that has led to their confinement for a period of at least 7 consecutive
days shall, if the employee elects, be granted additional annual or long
service leave with pay equivalent to the period of confinement (subject to a
time convenient to Council).
21.7 Where an employee is receiving a higher
grade duties allowance and has been in receipt of the allowance for a period of
3 months or more the employee shall be entitled to the higher rate of pay while
on sick leave for a maximum period of 20 days.
21.8 In the event of an employee disputing the
certificate of Council's nominated medical representative under the provisions
of this clause, a duly qualified medical practitioner shall be sought as a
referee. The medical practitioner shall be agreed upon by the Chief Executive
Officer of Council and the Secretary of the relevant Industrial Organisation.
The certificate of the referee medical practitioner shall be accepted by all
parties as final and conclusive as to the matter in dispute. Fees for the
referee:
Shall be
paid by Council if the decision of the medical referee is in favour of the employee;
or
Shall be
paid by the employee if the decision is against them.
21.9 Payment of Accrued Sick Leave Provisions on
Termination
21.9.1 Medical Retirement
Following
examinations by two medical practitioners, one of whom may be nominated by the
employee, Council may be satisfied that the employee is permanently medically
unfit by reason of illness or injury to continue in employment. In such cases
the Council may retire the employee from service. If the employee and Council
agree on the opinion of one medical practitioner, the Council is not obliged to
refer the employee to a further medical practitioner, provided that in any case
where the Council desires to retire an employee before the employee has
exhausted their sick leave with pay, the Council shall pay to the employee for
all accrued sick leave with pay to which the employee would be entitled to, but
not exceeding:
(a) For those employees of the Council as at
11 February 1980, a maximum of:
2,394 hours
in the case of an employee whose ordinary working hours average 38 per week
over a work cycle; and
2, 283.75
hours in the case of an employee whose ordinary working hours average 36.25 per
week over a work cycle;
In all,
which shall include such sick leave taken immediately preceding the date of
retirement; and
(b) For those employees employed on an after
12 February 1980 and prior to 14 February 1993, a maximum of:
1,976 hours
in the case of an employee whose ordinary working hours average 38 per week
over a work cycle; and
1,885 hours
in the case of an employee whose ordinary working hours average 36.25 per week
over a work cycle,
In all,
which shall include such sick leave taken immediately preceding the date of
retirement.
(c) The number of ordinary working days or
hours, as the case may require, for which the employee otherwise would be
entitled to payment of salary between the date of proposed retirement on the
grounds of ill health and the date upon which the employee normally would be
required to terminate their service with the Council; whichever of (a) or (b)
is the lesser, provided further, that where the employee is satisfied to accept
the opinion of such medical representative of the Council, the Council shall
not be obliged to refer the employee to a specialist.
21.9.2 Retirement
In the case
of an employee who agrees to accept retirement:
Other than
in terms of this clause; and
Has reached
an age of fifty-eight years (58);or
The
retirement age specified from time to time in the State Authorities
Superannuation Act 1987 (NSW);
the
employee shall be paid the monetary value of all accumulated untaken sick leave
standing to their credit (i.e. that accrued prior to 14 February 1993 in accordance with the
Industrial Relations Act 1996), at the date of such retirement subject to 'such
payment not exceeding a maximum entitlement of:
(a) 1,976 hours untaken sick leave in the case of an employee whose
ordinary working hours average 38 per week over a work cycle; and
(b) 1,885 hours untaken sick leave in the
case of an employee whose ordinary working hours average 36.25 per week over a
work cycle;
which shall
include any such sick leave paid immediate preceding retirement; and
(a) 1,976 hours untaken sick leave' in the
case of an employee whose ordinary working hours average 38 per week over a
work cycle; and
(b) 1,885 hours untaken sick leave in the
case of an employee whose ordinary working hours average 36.25 per week over a
work cycle.
21.9.3 Death
In the case
of an employee who dies, Council shall make payments in terms of Clause 28 -
Payments to Dependents of Deceased Employee - of the monetary value of all
accumulated untaken sick leave to which the deceased would ,have been entitled
in terms of this clause (i.e. that accrued prior to 14 February 1993 in
accordance with the Industrial Relations Act 1996), and standing to the credit
of the deceased at the date of death, subject to such payment not exceeding a
maximum entitlement of ;
(a) 1,976 hours untaken sick leave in the
case of an employee whose ordinary working hours average 38 per week over a
work cycle; and
(b) 1,885 hours untaken sick leave in the
case of an employee whose ordinary working hours average 36.25 per week over a
work cycle,
which shall
include any such sick leave paid immediately preceding death; and
(a) 1,976 hours untaken sick leave in the
case of an employee whose ordinary working hours average 38 per week over a
work cycle; and
(b) 1,885 hours untaken sick leave in the
case of an employee whose ordinary working hours average 36.25 per week over a
work cycle.
22. Personal Carer’s Leave
22.1 Personal Carer’s Leave is available to:
(a) Provide care and support for members of
the employee's family or household when they are ill or require care due to an
unexpected emergency; or
(b) Provide for the flexible use of other
entitlements.
The
personal carer's leave described in this clause is available to full time and
part time staff - but not casual staff.
22.2 The entitlement to use leave in accordance
with this clause is subject to the employee being responsible for the care and
support of the Person Concerned.
For the
purposes of this clause and clause, 22A, a 'Person Concerned' refers to a person
who needs the employee's care and support and is:
(a) A spouse of the employee; or
(b) A de-facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person; or
(c) A child or an adult child (including an
adopted child, step child, a foster child or an ex nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling of the employee or spouse or de facto spouse of the employee; or
(d) A same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(e) A relative of the employee who is a
member of the same household where for the purposes of this paragraph:
"Relative"
means a person related by blood, marriage or affinity;
"Affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
"Household"
means family group living in the same domestic dwelling.
22.3 An employee, other than a casual or other
employee whom receives a loading in lieu of sick leave, with responsibilities
in relation to a person who needs their care and support shall be entitled to
use the untaken sick leave from that year’s annual sick leave entitlement to
provide care and support for such persons when they are ill or require care due
to an unexpected emergency.
22.4 Sick leave accumulates from year to year.
In addition to the current year's grant of sick leave available under clause
21.1 above, sick leave untaken from the previous year may also be accessed by
an employee with responsibilities in relation to a person who needs their care and
support.
22.5 The Council may, in special circumstances,
make a grant of additional sick leave. This grant can only be taken from sick
leave untaken prior to the period referred in clause 22.4 above.
22.6 The employee shall, if required, establish
either by production of a medical certificate or statutory declaration the
illness of the person concerned and that the illness is such as to require care
by another person or establish by production of documentation the nature of the
emergency and that such emergency resulted in the person concerned requiring
care by the employee.
22.7 The employee shall, wherever practicable,
give the Council notice prior to the absence of the intention to take leave,
the name of the person requiring care and that person’s relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the Council by telephone of such absence at
the first opportunity on the day of the absence.
22.8 In normal circumstances, the employee must
not take leave under this clause where another person has taken leave to care
for the same person.
22.9 An employee may elect, with the consent of the
Council, to take:
(a) Annual leave, including annual leave not
exceeding ten days in single day periods or part thereof, in any calendar year
at a time or times agreed by the parties
(b) An employee may elect with the Council's
agreement to take annual leave at any time within a period of 24 months from
the date at which it falls due;
(c) Long service leave; or
(d) Leave without pay for the purpose of
providing care and support to the person concerned as defined in clause 22.2.
22.10 Personal carer’s entitlements for casual staff
(a) Subject to the evidentiary and notice
requirements in clauses 22.6 to 22.9, casual employees are entitled to not be
available to attend work, or to leave work if they need to care for a Person
Concerned (as defined in clause 22.2) who is sick and requires care and
support, or who requires care due to an unexpected emergency, or the birth of a
child.
(b) Council and the employee shall agree on
the period for which the employee will be entitled to not be available to attend
work. In the absence of agreement, the employee is entitled to not be available
to attend work for up to 48 hours (i.e. two days) per occasion. The casual
employee is not entitled to any payment for the period of non-attendance.
(c) Council must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this part. The rights of the Council to engage or not to engage a casual
employee are otherwise not affected.
22A. Flexible Work Practice Alternative to Personal
Carer’s Leave
22A.1 Time off in Lieu of Payment of Overtime
(a) An employee may elect, with the consent
of the Council, to take time off in lieu of payment of overtime at a time or
times agreed with the Council within 12 months of the said election.
(b) Overtime taken as time off during
ordinary time shall be taken at the ordinary time rate, that is, one hour off
for each hour of overtime worked.
(c) If, having elected to take time as leave
in accordance with 22A.1 (a) above, the leave is not taken for whatever reason,
payment for time accrued at overtime rates shall be made at the expiry of the
12 month period from the date the overtime was worked, or earlier by agreement,
or on termination.
(d) Where no election is made in accordance
with clause 22A.1 (a) the employee shall be paid overtime rates in accordance
with the relevant industrial instrument.
22A.2 Use of make-up time
(a) An employee may elect, with the consent
of the Council, to work "make up time". "Make‑up
time" is worked when the employee takes time off during ordinary hours for
family or community service responsibilities, and works those hours at another
time, during the spread of ordinary hours provided in the relevant industrial
instrument, at the ordinary rate of pay.
(b) An employee on shift work may elect,
with the consent of the Council, to work "make-up" time (under which
the employee takes time off during ordinary hours and works those hours at
another time) at the shift work rate which would have been applicable to the
hours taken off.
23. Parental Leave
23.1 Parental Leave will be interpreted
consistent with the provisions of Part 4, Parental Leave of the Industrial
Relations Act 1996 (NSW) as amended, the NSW Family Provisions Test Case 2005,
and section 744 of the Fair Work Act 2009 (Cth).
23.2 Parental Leave includes maternity leave,
paternity or partner leave or adoption leave.
23.3 An employee is only entitled to parental
leave if the employee has had at least 12 months continuous service.
23.4 Parents cannot take parental leave at the
same time except periods of short paternity or partner leave or periods of
short adoption leave.
23.5 Entitlement
(a) An employee is entitled to a total of 52
weeks parental leave in connection with the birth or adoption of a child; and
(b) Parental leave is not to extend beyond 1
year after the child was born or adopted.
23.6 Paternity or Partner Leave
(a) Paternity or partner leave is leave
taken by an employee in connection with the birth of a child of the employee or
the employee's spouse (being a child born as a result of the pregnancy of that
spouse).
(b) Paternity or Partner Leave consists of
up to 2 weeks leave on full pay or 4 weeks on half pay at the time of birth of
the child or termination of pregnancy
(short leave in accordance with Clause 23.4);and
(c) A further unbroken period including 4
weeks on full pay or 8 weeks on half pay in order to be the primary care-giver
of the child.
(d) Paternity or partner leave is subject to
the employee providing a certificate from a qualified medical practitioner
confirming the employee's spouse or partner is pregnant and the expected date
of birth. In addition, in the case of paternity or partner leave taken in
accordance with (c) above, the employee must, before the start of leave,
provide a statutory declaration by the employee stating:
(i) If applicable, the period of any
maternity leave sought or taken by the employee's spouse or partner,
and:
(ii) that the employee is seeking that period
of extended paternity or partner leave to become the primary care-giver of
their child.
23.7 Maternity Leave
(a) An employee who has completed 12 months
continuous service and who produces a medical certificate from a legally
qualified medical practitioner stating that she is pregnant and specifying the
expected date of delivery shall be entitled to:
18 weeks full pay; or
36 weeks half pay from the date maternity leave
commences.
(b) The employee may request to return to
work on a part time basis up until the child reaches school age. A request to
return to work on a part time basis must be in writing and provided to the City
at least four weeks before the employee’s return to work date.
(c) The employee will provide at least 10
weeks written notice of the intention to take leave.
(d) Other arrangements for maternity leave
shall be in accordance with the Council’s Parental Leave Policy.
23.8 Adoption Leave
(a) Adoption Leave is leave taken by a male
or female employee in connection with the adoption by an employee, or a partner
of an employee, of a child under the age of 18 years. Adoption leave consists
of:
An unbroken period of up to 3 weeks unpaid leave at the
time of the placement of the child with
the employee (short leave in accordance with
Clause 23.4); and a further
unbroken period in order to be the primary care-giver of the child
An employee, entitled to adoption leave, who adopts a
child under the age of 5 years shall be entitled to:
18 weeks full pay; or
36 weeks half pay
In order to
be a primary care-giver.
(b) Adoption leave is subject to the
employee providing:
A statement from an adoption agency or other
appropriate body of the expected date of placement of the child with the
employee for adoption purposes and
A statutory declaration by the employee stating, where
applicable, the period of any adoption leave sought or taken by the employee’s
spouse or partner, and that the employee is seeking that period of extended
adoption leave to become the primary-care giver of their child.
(c) For the purposes of this Clause, spouse
includes a de facto spouse.
23.9 The weekly rate of pay referred to in
Clauses 23.6, 23.7 and 23.8 will be based on the employee's substantive hourly
salary times the average number of ordinary weekly hours worked over the
preceding 12 months.
23.10 Notice of Intention to Take Parental Leave
(a) The employee should give at least 10
weeks' written notice of their intention to take leave.
(b) In the case of maternity leave and
paternity leave the employee must give 4 weeks' written notice of the dates on
which the leave will commence and end.
(c) In the case of adoption leave the employee
must give written notice of the dates on which the employee proposes to start
and end the period of leave as soon as practicable but at least 14 days before
proceeding on leave.
23.11 Right to Request
(a) An employee entitled to parental leave may
request the Council to allow the employee to:
(i) Extend the period of simultaneous
parental leave use up to a maximum of eight weeks;
(ii) Extend the period of unpaid parental
leave for a further continuous period of leave not exceeding 12 months;
(iii) Return from a period of parental leave on
a part-time basis until the child reaches school age;
to assist
the employee in reconciling work and parental responsibilities.
(b) The Council shall consider the request
having regard to the employee's circumstances and, provided the request is
genuinely based on the employee's parental responsibilities, may only refuse
the request on reasonable grounds related to the effect on the workplace or
Council's business. Such grounds might include cost, lack of adequate
replacement staff, loss of efficiency and the impact on customer service.
(c) The employee’s request and Council’s
decision made under sub-clauses 23.11(a)(ii) and 23.11(a)(iii) must be recorded
in writing.
(d) Request to return to work part-time.
Where an
employee wishes to make a request under 23.11(a)(iii), such a request must be
made as soon as possible but no less than seven weeks prior to the date upon
which the employee is due to return to work from parental leave.
23.12 Communication during parental leave
(a) Where an employee is on parental leave
and a definite decision has been made to introduce significant change at the
workplace, the Council will take reasonable steps to:
(i) Make information available in relation to
any significant effect the change will have on the status or responsibility
level of the position the employee held before commencing parental leave; and
(ii) Provide an opportunity for the employee
to discuss any significant effect the change will have on the status or
responsibility level of the position the employee held before commencing
parental leave.
(b) The employee shall take reasonable steps
to inform the Council about any significant matter that will affect the
employee's decision regarding the duration of parental leave to be taken,
whether the employee intends to return to work and whether the employee intends
to request to return to work on a part-time basis.
(c) The employee shall also notify the
Council of changes of address or other contact details which might affect the
employer's capacity to comply with paragraph (a) above.
24. Bereavement Leave
24.1 Where an employee, other than a casual
employee, is absent from duty because of the death of a person in accordance
with paragraphs (a) to (e) below and provides satisfactory evidence to council
of such, the employee shall be granted two days leave with pay upon
application. Persons in respect of whom bereavement leave may be claimed shall
include;
(a) A spouse of the employee; or
(b) A de-facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person; or
(c) A child or an adult child (including an
adopted child, step child, a foster child or an ex nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling of the employee or spouse or de facto spouse of the employee; or
(d) A same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(e) A relative of the employee who is a
member of the same household where for the purposes of this paragraph:
"Relative" means a person related by blood,
marriage or affinity;
"Affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other; and
"Household" means family group living in the
same domestic dwelling.
24.2 Bereavement leave shall be taken within a
reasonable period as soon as practicable from the date of the death of the
individual.
24.3 Employees will be entitled to an additional
three days bereavement leave following the death of a parent (including foster
and step-parent), spouse (including de-facto partner and same sex partner) or
child (including step, foster child).
24.4 Bereavement Entitlements for Casual
Employees
24.4.1
Subject to providing satisfactory evidence to Council, casual employees are
entitled to not be available to attend work, or to leave work upon the death of
a person prescribed in sub-clause 24.1 paragraphs (a) to (e) above.
24.4.2 Council and the employee shall agree on the
period for which the employee will be entitled to not be available to attend
work. In the absence of agreement, the employee is entitled to not be available
to attend work for up to 48 hours (i.e. two days) per occasion. The casual
employee is not entitled to any payment for the period of non-attendance.
24.4.3 Council must not fail to re-engage a casual
employee because the employee accessed the entitlements provided for in this
clause. The rights of Council to engage or not engage a casual are otherwise
not affected.
24.5 Bereavement Support
24.5.1 To support an employee's family in the event of
the employee's death, the City of Sydney will make a $2,000 payment to the
employee's next of kin as soon as practicable after the City becomes aware of
the-death. This payment is in addition to any other accrued entitlements
payable to the employee's family.
25. Long Service Leave
25.1 Long service leave accuses after 5 years of
service, and will be applied in accordance with the Long Service Leave Act
1955, as amended, and the following provisions applicable under this award;
All at ordinary rates of pay
|
Length of Service
|
Prior to 22/8/83
|
Since 22/8/83
|
|
After 5 years
of service
|
NA
|
6.5 weeks
|
|
After 10 years
of service
|
13 weeks
|
13 weeks
|
|
After 15 years
of service
|
19.5 weeks
|
21.5 weeks
|
|
After 20 years
of service
|
30.5 weeks
|
35 weeks
|
|
For every
further completed period
|
11 weeks
|
13 weeks
|
|
of 5 years’
service
|
|
|
|
25.2 Long service leave shall accrue in accordance
with the above table and proportionately for each completed month of service.
25.3 Long service leave shall be taken at a time
mutually convenient to the Council and employee. Employees and Council should
take account of operational and business needs when scheduling long service
leave, but in any event must give at least 4 weeks' notice of their intention
in regard to the taking of Long Service Leave.
25.4 For the purpose of calculating long service
leave entitlement in accordance with this clause, all prior continuous service
with any other council within New South Wales shall be deemed to be service
with the City of Sydney.
25.5 Continuity of service shall be deemed not
to have been broken by transfer or change of employment from another council to the City of Sydney provided the period between
cessation of service with the former council and appointment to the City of
Sydney does not exceed three months and such period is covered by accrued
annual and long service leave standing to the credit of the employee at the
time of the transfer, provided further that the employee concerned does not
engage in work of any kind during the period of paid leave between the
cessation of service with the former council and appointment to the service of
the City of Sydney.
25.6 When an employee transfers from another
council to the City of Sydney, the long service leave entitlement accrued by
the employee may be transferred to the City of Sydney, provided the monetary
equivalent of long service leave is paid directly to the City of Sydney by the
other council at the time of transfer.
25.7 An employee transferring long service leave
entitlements in accordance with sub-clause 25.6 of this clause must first complete
1 year of continuous service with the City of Sydney before being eligible to
claim long service under the terms of sub-clause 25.1 of this clause.
25.8 Long service leave shall be taken in
periods of not less than 1 week.
26. Accident Pay
26.1 An employee shall be entitled to accident
pay for the period of their absence from work if such absence arises from
circumstances which give right to payment of compensation by the Council under
the Workers Compensation Act 1987.
26.2 The period for which an employee shall be
entitled to payment of accident pay in respect of each particular injury or
accident giving right to the payment of compensation shall be 6 months from the
expiration of full compensation under the conditions of the Worker’s Compensation
Act 1987. An employee will also be entitled to a further period of 1 weeks
accident pay for each completed year of service as at the date of injury or
accident.
26.3 Accident pay shall be the sum equal to the
difference between the amount of compensation to which the employee is entitled
to under the Worker’s Compensation Act 1987, and the rate of salary attaching
to the employee’s specified position.
26.4 To obtain accident pay, an employee shall
present themselves, at their own expense, as soon as they are physically
capable of doing so and at other times as directed for examination by a Council
appointed medical practitioner, or by a medical practitioner at their place of
residence or hospital, as the case may be.
26.5 The Council may refuse to grant accident
pay prior to the date upon which an employee presents themselves for
examination by the medical practitioner of Council in any case where the
employee, being physically capable of doing so, fails to comply with the
provisions of Clause 26.4.
26.6 Where an employee has exhausted their
rights under this Clause, the employee may elect to take sick leave with pay,
equivalent to the accident pay that would otherwise be payable under the
provisions of this Clause. If the employee elects to use the sick leave
provisions of this Clause, the sick leave shall be debited against the
employee’s entitlements.
27. Refund of Sick Leave
27.7.1 Where an employee has been paid sick leave or
accident pay, where their incapacity for work
has resulted from an injury sustained under circumstances creating a
legal liability for damages in some person other than the Council, and the
employee recovers the damages in respect of the injury, the employee shall
refund to Council the amount of sick leave and accident pay paid by Council.
27.7.2 This provision only applies if the damages
recovered by the employee are reduced in accordance with the provisions of
subsection (1) of Section 10 of the Law Reform (Miscellaneous Provisions) Act
1965 (NSW), as amended by the Administration of Justice Act 1968, the amount of sick leave to be refunded to the
Council shall be reduced to the same extent as the damages recovered by the
employee.
PART FIVE - SERVICE
AND PAYMENTS ON TERMINATION
28. Payment to Dependants of Deceased
Employee
28.1 Where the
service of an employee is terminated by death and the employee has an
entitlement to payment for annual and/or long service leave and/or untaken sick
leave, then the amount to which the employee would have been entitled shall be
paid by the Council to the estate of the deceased employee.
28.2 Where
payment of the monetary value of an annual holiday and/or long service leave
and/or untaken sick leave or any proportion thereof has been made, no action
may be brought against Council for the payment of any amount of such annual
holiday and/or such long service leave and/or such untaken sick leave.
29. CALCULATION OF SERVICE
29.1 In calculating service with the Council,
the following periods shall be taken into account:
(a) Leave with pay approved by Council
(b) Periods of absence without pay approved
by Council and not exceeding 1 ordinary working week
(c) Periods of annual holidays, long service
leave, sick leave with pay or incapacity for work covered by the Workers'
Compensation Act 1987 as amended
(d) Previous periods of service which were
not terminated by resignation or dismissal
(e) Any period of leave without pay for
which an employee is indemnified by a third party for loss of salary for the
period of leave without pay.
29.2 Leave without pay & Service Provisions
Periods of
leave without pay approved by the Council as sick leave not exceeding the
periods set out in this sub-clause, shall be counted as service for all
purposes of this Award.
Where the service factor of the
employee at the onset
|
The maximum periods of leave without
pay to
|
of incapacity is
|
count as service shall be
|
Less than 1 year
|
4 weeks
|
1 year but less than 5 years
|
8 weeks
|
5 years or more
|
12 weeks
|
PART SIX - OTHER
MATTERS
30. DISPUTE SETTLEMENT PROCEDURES
30.1 The parties to this Award are committed to
resolving disputes and grievances through co-operative consultation with one
another and joint problem solving.
30.2 To ensure that disputes and issues relating
to the provisions of this Award do not go unresolved and affect workplace
productivity and relationships, the parties commit themselves to the processes
of the Council's dispute resolution process as detailed under this clause.
30.3 The dispute resolution process must be
entered into by the parties to this Award with the intention of preventing or
settling any grievance, complaint or dispute at the workplace without
industrial action or stoppage of work, and with a view to ensuring that
services to the public and ratepayers are maintained without interruption or
being affected in any way.
30.4 Procedures to Resolve Workplace Grievances,
Complaints or Disputes (The Dispute Resolution Process)
At all
stages of the Dispute Resolution Process employees will continue to
perform work for the Council as
directed by the Council or its authorised representatives, without interruption
or the imposition of any bans or limitations, and in accordance with the
provisions of this Award and any relevant Council policies. The procedure to be
followed is as follows:
Step 1: If
there arises any grievance, complaint or dispute at the workplace, in the first
instance the employee(s) concerned and/or any employee representative must meet
to discuss the matter with the employee(s) immediate supervisor. The
employee(s) supervisor will listen carefully to the employee(s) concerns and
together the parties will try to resolve the dispute.
Step 2: If
the supervisor and employee(s) (and/or their representatives) are unable to
resolve the dispute or it is not appropriate that the supervisor deal with the
dispute, the dispute must be referred to senior management. Senior management will listen to the
employee(s) concerns and either resolve the dispute or refer the matter to more
senior management.
Step 3:
More senior management will listen to the employee(s) (and/or their
representatives) and attempt to resolve the dispute. It is either resolved or
referred to an independent body.
Step 4: If
more senior management and the employee(s) are unable to resolve the dispute an
independent conciliator or mediator will assist to resolve the dispute.
30.5 To assist the expeditious resolution of
disputes, where matters of urgency are raised at an organised meeting of the Unions
the Manager, Human Resources Operations will be informed by an official of the
relevant Union(s) of the existence of the dispute. The Manager, Human Resources
Operations, will then inform the Executive Members concerned and, if need be,
the Chief Executive Officer. If the matter remains unresolved, the Manager,
Human Resources Operations, will arrange a conference between the parties
concerned or affected.
30.6 Nothing contained in the Dispute Resolution
Process will preclude the Council or any of the Unions concerned from entering
into direct negotiations on any matter. During such negotiations, except where
they are concerned wholly or predominantly with a genuine safety issue, work
will be performed as directed by the Council or its authorised representative(s).
31. Employee Representatives
31.1 Employees may nominate an employee
representative of their choice, as defined below, to represent them in
consultations with the Council and/or the Unions.
31.2 For the purposes of this Award,
"employee representative" means an employee of the Council, covered
by this Award, nominated by an affected employee(s) of the Council from time to
time.
31.3 With written notification given to the
Council, employee representatives will be allowed reasonable time from usual
duties, with pay, to represent employees during consultations.
31.4 Employee representatives may also be
granted leave of absence with pay to undertake training of up to 3 days on the
following conditions:
(i) The content of the training will
enhance their role in carrying out representation functions under this Award;
and
(ii) The Council’s operating requirements
permit the granting of the leave and are subject to the normal leave approval
process.
31.5 While the Council provides While the
Council provides employee representatives access to the Council's electronic
mail system for the purposes of carrying out functions under this Award,
Information Technology policies apply to all users of the Council's information
technology facilities and acceptance of
the policies and associated rules governing the use of IT facilities is a
condition of use.
31.6 Employee representatives may, with the
approval of the Council, hold meetings with the affected employees on the
premises of the Council at times and locations agreed between the employee
representative and the Council, provided that adequate notice is given to the
Council of the intention to hold such meeting and the location thereof, and
that such meetings are not held during working hours.
32. Skills Development and Workplace Training
32.1 The Council agrees to develop and implement
individual development plans for all staff. Such plans will be developed
through consultation and assessment of skills with regard to organisational
requirements and individual career paths.
32.2 Individual development plans will be
reviewed annually in line with the Performance Management & Development
Program.
32.3 If an employee is required by Council to
undertake compulsory training in accordance with the employee’s individual’s
development plan, the employee will not suffer any reduction in ordinary pay as
a result.
33.
This clause
has been intentionally left blank.
PART SEVEN - SALARY
SYSTEMS & RATES OF PAY
34. Principles
34.1 The salary systems provided for by this
clause and the rates of pay prescribed for them incorporate and reflect all
past work value considerations and all changes in work value considerations
intended to result from the proper application, implementation and operation of
this Award. Similarly, all past productivity and efficiency improvements are
reflected in the classifications and salary rates prescribed in this Award.
34.2 The work done by employees bound by this
Award is intended to involve broadbanding and multiskilling to the maximum
practicable extent. Broadbanding and multiskilling are essential features of
the Salary Systems and apply as follows:
34.2.1 Broadbanding
Broadbanding
involves a process whereby related or like functions or tasks are grouped together
in such a way that there is no impediment to those functions or tasks being
performed as part of the duties of any job within one band. The process allows movement
of people between tasks
and functions and mixing
and regrouping of
tasks and functions
within a broad-band. This process
does not include those functions or tasks where the individual's ability to
safely learn and I or perform the function or tasks, where an essential
requirement for a formal qualification limits the process.
34.2.2 Multiskilling
Multiskilling
involves the acquisition, addition and increasing the level of task-related
skills and knowledge, which enables the individual to perform a wider range of
tasks and functions. Skills acquired through multiskilling may be those
that normally related to a higher or
lower salary band than the employee's
present work level and
could also be
appropriate to tasks outside the
individual's present work area. Multiskilling assists individuals to increase
their range of skills and maintains and improves efficient work performance.
34.2.3 A number of avenues have been identified that
facilitate skill acquisition. These are available and will be developed and
utilised as appropriate to various groups and work areas. The avenues include:
Formal
training courses
Job
rotations
Secondments
and transfers
On-the-job-training
External
courses
34.2.4 The Council already operates a coordinated
training program aimed at increasing the skill and knowledge of its employees.
This program has been further enhanced through improved record keeping; to
recognise and record skill acquisition of employees.
35. Pay Increases
35.1 For the term of this Award, the following
increases will apply to the rates of pay detailed in Appendix 1:
(i) 2.75% to
apply from 13 July 2013 for
employees employed as at the date of the making of this Award (noting that 2.5%
has already been paid);
(ii) Subsequent
movements in the rates of pay detailed in Appendix 1 will be consistent with the
percentage increases in the rates of pay provided by the successor to the Local
Government (State) Award 2010. These increases will apply on the first full pay
period following:
(a) 1 July 2014;
(b) 1 July 2015;
and
(c) 1 July 2016.
35.2 Council will apply a salary progression
scheme that is linked to Council's Performance and Development Management
Program as articulated in the "Performance and Development Management
Policy" as amended from time to time. Council will consult with Employees
via the Joint Consultative Committee, and with the Unions, regarding the impact
of changes to the Performance Development and Management Policy on Employees.
Council will publish the details of the salary progression scheme to Employees.
35.3 Increase to allowances
Allowances
payable under the Award, excluding the job search allowance in clause 12.9 are
to be increased annually in accordance with the applicable percentage increase
for rates of pay specified in clause 35.1(ii).
36. Salary Sacrifice
36.1 The objective is to provide employees with
a greater flexibility in the method of how they wish their annual salary to be
paid. Salary sacrifice is the substitution of salary for nonsalary benefits.
This facility is provided on the basis that the total cost to the employer
shall be no greater than the employee's current Award prescribed salary.
36.2 The application of salary sacrifice shall
be in accordance with the provisions of Council's Salary Sacrifice Policy and
arrangements will always be subject to Australian Taxation Office approval and
cost neutrality to the City.
36.3 This provision is not compulsory on all
employees. The employee may elect to utilise this provision.
36.4 To access this provision the employee must
comply the following steps:
(a) Organise the necessary financial
arrangements themselves; and
(b) Provide all the necessary information
and authorisation to Council for processing.
36.5 The employee’s total annual salary must be
equal their prescribed Award annual salary.
36.6 The value of the benefits shall be agreed
between the Council and the employee and shall include fringe benefits tax
where applicable.
36.7 The benefits to be salary scarified and
their value shall be in writing and signed by both Council and the employee.
36.8 In the event that changes in legislation,
Income Tax Assessment Act determinations or rulings remove the Council's
capacity to maintain the salary sacrifice arrangements offered to employees
through this agreement, Council will be entitled to withdraw, or modify
arrangements, from the salary sacrificing arrangements by giving notice to each
affected employee.
SECTION 2 - WAGES
DIVISION
37. Hours of Work
37.1 Exceptions to clause 6, existing at the
time of making this award, which will continue to be available unless otherwise
varied by agreement, are the ordinary weekly working hours of an employee of a
grade, classification or level involving the work of:- a Driver of Lorry
(Refuse Collection and/or Disposal, Labourer (Refuse Collection and/or
Disposal), Labourer (Street Sweeping), Mechanical Plant Operator (Refuse
Collection and/or Disposal), engaged on night cleansing work including
collection and/or disposal of refuse, shall be 32 hours per week in not more
than 11 shifts in 14 consecutive days; and
37.2 In such cases, the employee will be paid in
addition to and averaged into the normal rate of pay, a shift penalty of 11.5%
in respect of any shift worked Monday to Friday inclusive, except a shift
worked on a public holiday.
37.3 Except in cases of emergency (to be
determined by Council), the Council shall not alter the starting or ceasing
time of an employee without first giving 7 days' notice to the Union.
38. Terms of Employment
38.1 Casual Loading
38.1.1 Wages Division casual employees will be paid a
loading of 25% in addition to the rates of pay provided by this Award.
38.1.2 This casual loading will only be paid for
ordinary hours worked Monday to Friday, and will not attract any penalty.
Overtime will be paid for work outside the ordinary hours for the position.
38.2 Wet Weather Provisions
An employee
will not lose salary owing to wet weather, provided that the employee shall:
(a) Report for and continue working until such time as
the supervisor orders work to cease; and
(b) Stand by as directed by the supervisor;
and
(c) Recommence duty as directed.
38.3 Payment of Wages
All
employees who are in Wages Division classifications will be paid on a weekly
basis.
39. Overtime
39.1 Eligibility for overtime - Monday to Friday
Subject to
clause 9.1 of the Common Conditions of Employment, all overtime must be
directed by an authorised officer.
Overtime for Wages Division employees will be paid at time and one-half
for the first 2 hours and double time thereafter.
Note: For
Shift Workers refer to clause 9.8 for rates and other provisions.
39.2 Meal Allowance - Continuity of overtime
For
positions covered by Wages Division classifications, overtime worked in several
separate periods outside ordinary working hours shall be regarded as
continuous.
39.3 Part-time Employees - Payment of Overtime
A part-time
employee in a Wages classification position will only be paid overtime where
they work more than their normal ordinary hours for that day.
40. Shiftwork & Penalty Payments
Ex-South Sydney
Council Employees transferred to the City of City as a result of boundary
changes and or Amalgamations prior to 8 May 2003.
Any employee in
a Wages Division classification position, who at the date of transfer from
South Sydney City Council was, engaged on shift work, shall not be required to
work more than 10 shifts in any 14 consecutive days without payment of
overtime.
41. Meal and Crib Breaks - Ordinary Hours
Employees in
Wages Division classification positions will have their morning tea at their
work location.
42. Allowances
42.1 Higher Grade Duties Allowance - Wages
Classification
42.1.1 An employee who is directed to perform for one
or more of their ordinary daily working hours, works for which is fixed a
higher wage than that applicable to their appointed grade, classification or
level, shall be paid in respect of their performance of such work for the whole
day at the higher wage.
42.1.2 The provisions of the Wages Division Higher
Grade Duties Allowance shall apply when an employee is appointed to relieve in
a Salary Band Classification position.
42.2 First Aid Allowance
42.2.1 An employee, who holds the First Aid
Certificate of the St. Johns Ambulance Association or a Certificate of
equivalent status, may be nominated by management as the work areas First Aid
Officer to assist with on-site first aid when called upon.
42.2.2 Employees in Wages Divisions Classifications
who possess the Certificate and are nominated as First Aid Officer will receive
an allowance of $1.86 per day .
42.3 Chauffeur-Official Cars Allowance
An employee
appointed to a classification, grade or level of Chauffeur-Official Cars will
be paid overtime between the hours of 8.00am and 6.00pm. Monday to Friday
inclusive, except for public holidays. In substitution for any further payment
they would otherwise be entitled to, an allowance of $64.41 per week will be
paid. This allowance has been calculated in proportion to ordinary hours worked
and shall be deemed to be part of ordinary rates of pay for the classification
grade or level for higher grade work, annual leave, long service leave and sick
leave (see Part A of Appendix 3 for annualisation).
42.4 Multi-skilling Allowance
Salary rates
provided for in this Award are calculated to include as a permanent component
of salary, and absorbed into rates of pay, the provisions of the Trades Groups
Multi-skilling and Cross skilling Higher Duties Allowance Guidelines agreement
with trades employees and their Unions dated 18 March 1996. The broad extent of
these multi-skilling arrangements is contained in the provisions of the
agreement (refer to Section 5 - Appendix 4). In future, no further application
of these multi-skilling provisions, to the extent already agreed, will occur.
42.5 Tools and Tool Allowance
42.5.1 Employees in the following groups of
tradespersons will be paid tool allowances in accordance with Appendix 2.
(a) Building and Tradesperson required to
provide own tools for:
French
polishing or painting
Bricklaying
or tiling
Plastering
Carpentry
and/or wood machining work
(b) Electrical Tradesperson
(c) Mechanical Tradesperson (including
former auto-electrician, fitter, mechanical Tradesperson (special class), motor
mechanic, air-condition fitter and field service fitter.
(d) Plumbing/Drainage Tradesperson
(e) Vehicle Fabricator Tradesperson
(including a vehicle body fabricator, panel beater and welder)
42.5.2 The
Council will provide all necessary tools for employees, with the following
exceptions;
(a) Rather than providing all necessary
tools, Council may pay the tool allowance prescribed above; and further
(b) Where a Tradesperson is paid the tool allowance,
Council will still provide the following tools for each trade as detailed in
Clause 42.6.3.
42.6.3 Trade Tools to be provided by Council
Bricklayer:
Scutch combs, hammers (excepting mash and brick hammers) rubber mallets and T
squares
Carpenters:
Dogs and cramps of all descriptions, bars of all descriptions over 24 inches
long, augers of all sizes, star bits, and bits not ordinarily used in a brace,
hammers (except claw hammers and tack hammers) glue pots and glue brushes,
dowel plates, trammels, hand thumb screws and soldering irons.
Plumbers:
Metal pots, mandrills, long dummies, stocks and dies for iron, copper and brass
pipes cutters, tongs, vices, taps and drills, ratchets, files, cramps, caulking tools, hacksaws and
blades, welding and brazing outfits including goggles where necessary
and all shop tools.
Painters:
All brushes and dusters
Electricians:
All sizes of twist drills, masonry drills, special size wood bits, taps, tap
holders, stocks and dies, hammers, other than a 2lb. Ball and claw hammer, all
hacksaw blades, files, saws other than keyhole, electric drills, extension
equipment spanners, scutch combs, scutch chisel and other expendable tools or
equipment which may be required by the employee from time to time to carry out
their duties in a satisfactory manner.
42.7 Loss of Tools
42.7.1 The Council will insure and keep insured
against loss or damage by fire or theft whilst on the Council's premises the
employee's tools as used by the employee in the course of employment;
42.7.2 The Council will provide a suitable and secure
weatherproof lockup for the purposes of storing an employee's tools on the job.
42.7 Annualisation of Tool Allowances
By
agreement of the majority of employees (50%+1) in a designated work group, entitlements
to tool allowances may be annualised into rates of pay.
43. Annual Leave Loading
Employees
in Wages Classification shall be paid a loading equivalent to 17.5% of 4 weeks ordinary
wages for the 4 weeks of annual leave accruing. Employees in Wages
Classification who have worked shift work for a period of 12 months preceding
the annual leave totalling 42 weeks shall be paid the penalty rate to which
otherwise would have applied if greater than the annual leave loading
payment.
SECTION 3 - SALARIED
DIVISION
44. Terms of Employment
44.1 Part-time Employees
A part-time
employee in a Salaried
classification position will only be
paid overtime where the employee works more than 3 hours in excess of their
normal ordinary hours for that day, or the total hours, for the week exceeds 38
hours.
44.2 Casual Loading
44.2.1 Salaried Division casual employees will be paid
a loading of 23.5% in addition to the rates of pay provided by this Award.
44.2.2 This casual loading will only be paid for
ordinary hours worked Monday to Friday, and will not attract any penalty.
Overtime will be paid for work outside the ordinary hours for the position.
44.3 Payment of Employees
All
employees who are in the Salaried Division classifications will be paid on a
fortnightly basis.
45. Hours of Work
45.1 Flexible Working Arrangements
45.1.1 The parties agree to increase flexibility in
working arrangements to suit operational needs of employees in Salaried
Division classifications.
45.1.2 Flexible working arrangements with respect to
hours worked, rostered days off, flexi-time schemes and overtime may be made by
agreement after consultation between the employee and their Level 3 Manager
through their supervisor.
45.1.3 Access to flexible leave arrangements will
recognise the hours they work, but at the same time identifying that Council's
operational needs are paramount. Time off will be taken at times which suit operational
needs as approved by each area's Executive member.
45.1.4 The recognition of accumulated time shall be by
way of an agreed method between the employee and the Unit Manager or Executive
member.
45.2 The 9-Day Fortnight
45.2.1 Working a 9 day period of week days of 8.06
hours continuously per day, except for meal breaks at the discretion of
Council, or as otherwise agreed between the parties of not more than 72.5 hours
in each calendar period of 14 days or 14 hours in each calendar period of 28
days. The time worked during the period to be deemed to be ordinary hours of
duty for the employees concerned.
45.2.2 Notwithstanding anything else provided in this
Award, the Chief Executive Officer and the Secretary of the Union concerned may
enter into an agreement for employees below Salary Band 7 (not including Wages
Classifications) for adoption of a 9 Day scheme. This salary rate will be
adjusted in accordance with salary movements of this Award.
46. Overtime
46.1 Eligibility for Overtime
Overtime
will only be paid to an employee whose annual salary does not exceed the
maximum salary rate applicable to Salary
Band 5. If an employee's annual
salary is greater than the maximum salary rate applicable to Salary Band 5 then
they are not eligible to be paid overtime. This salary rate will be adjusted in
accordance with salary movements of this Award.
46.2 Eligibility for Overtime - Band 6 Employees
46.2.1 Where a Salary Band 6 employee is required to
work additional hours on the weekend or on public holidays on a regular and
systematic basis in order to meet service demands, the City will consider
payment of these additional hours on a case by case basis.
46.2.2 If both the City and the relevant employee
agree that it is impractical for the employee to be compensated through time
off in lieu of overtime, the employee may make a written request to the
Manager, Human Resources Operations, to be paid for the additional hours worked
at overtime rates in accordance with the Award.
46.3 Overtime - Monday to Friday
Subject to
clause 10.1.3 of the Common Conditions of Employment, all overtime must be
directed by an authorised officer. Overtime for Salaried Division employees
will be paid at the ordinary rate for the first 3 hours with the next 2 hours
at time and one-half and double time thereafter.
Note: For
Shift Workers refer to clause 9.8 for rates and other provisions.
47. Meal and Crib Breaks - Ordinary Hours
Employees
in Salaried Division classification positions will take their morning and afternoon
tea break at their work stations.
48. Salary Band System
48.1 Rates of Pay
48.1.2 The rates of salary per annum prescribed by
this clause are inclusive of the basic wage for an adult, and shall be deemed
to be the rates of pay attached to an employee's appointed rate.
48.1.3 The Salaried Division Salary Band System and
rates of pay are detailed at Appendix 1 of this Award.
48.2 Job Evaluation
48.2.1 The job evaluation system is not applicable to
employees specified as Wages Division Classifications.
48.2.2 Rates of pay as determined by job evaluation
cannot be applied to existing contract bids for specified work.
48.2.3 A position's salary rate and salary band
placement is determined by work assessments in accordance with Council's job
evaluation policy and system, as varied from time to time.
48.2.4 The minimum salary rate attached to job
evaluation scores of each salary band will reflect the work value of the
position.
48.2.5 All positions will be reviewed upon job
redesign, and regularly as positions become vacant in accordance With Council's
job evaluation policy and system as varied from time to time.
48.3 Salary Band System Principles
The Salary
Band System provides for 10 salary bands to encompass all employees. The salary
entry levels for the salary bands are sufficient to:
(a) Differentiate between the successive
management levels;
(b) Acknowledge that job content at various
levels will vary;
(c) Properly cater for promotions; and
(d) Allow for the enhancement and development
of skills, increasing managerial or other responsibilities and personal
development
48.3.2 The
Salary Band System facilitates career development and supports career
opportunities for individuals as well as the Council's reorganisation activities
and enables the development of an effective Human Resource Strategy.
48.3.3 The implementation of Council's Performance
Management Policy will further improve the multiskilling of employees by
ensuring that employees are provided with skills development and opportunities
and are recognised for the skills acquired.
48.3.4 The principles related to the Salary Band
System will provide increased flexibility for the Council to manage change in
the work place, achieve corporate goals, and to foster the development of
skills by:
(a) Mixing and matching of jobs;
(b) Training and management development;
(c) Provision of adequate study leave for
approved courses;
(d) Job rotation by agreement between the
employee and the Council;
(e) Vertical and horizontal job re-design
which will lead to substantial benefit to employees with more interesting work
being performed;
(f) Career development based on merit and
performance review; promotion based on merit, subject to vacancy and by means
of competitive selection process;
(g) Open and shared objective assessment of
performance;
(h) Ongoing elimination of restrictive work
and management practices.
(i) The adoption of the Salary Band System
provides a flexible framework for the classification of positions and the provision
of remuneration based on merit.
49. Allowances
49.1 Higher Grade Duties Allowance - Salaried
Division Classifications
49.1.1 Where an employee in the same salary band is
directed to take on additional duties to provide short term relief (less than 3
months) then an allowance may be paid for the time the additional duties are
performed.
49.1.2 Periods of acting of less than 5 consecutive
working days will not be taken into account, and any public holidays will be
deemed to be working days for the purposes of this clause.
49.1.3 An employee may be paid a proportion of the
higher duties allowance equivalent to the proportion of functions performed in
the higher salary band position.
49.2 Allowances paid for acting on, and holding
a range of trade licences
Salary
rates provided for in this Award are calculated to include as a permanent
component of salary, and absorbed into rates of pay, those allowances contained
in Clause C.1 of Part C of Appendix 3 to this Award, as previously provided for
in industrial agreements, and Clause 28 of the Council of the City of Sydney
(Salaried Division - Salaries and Conditions) Award 1990.
49.3 Building Surveyor and Health Surveyor
Salary
rates for the classifications of Building Surveyor and Health Surveyor include
as a permanent component of salary, and absorbed into rates of pay, an
allowance of $8-51 per week detailed in Clause C.2 of Part C of Appendix 3 of this Award, as
previously provided for in clause 10(3a) and 10(3b) of the Council of the City
of Sydney (Salaried Division - Salaries and Conditions) Award 1990.
49.4 Supervisory Rates
An employee
appointed to a supervisory position will have included in their salary and as
rolled up rate the amounts previously prescribed in Table 2, Part B, Schedule B
of the Sydney City Council (Wages Division-Wages and Conditions) Interim Award,
and detailed in Clause C.3 of Part C of Appendix 3 of this Award, which will
for all purposes be absorbed into rates of pay for that position. This
provision only applies to Leading Hands and Sub-Forepersons of
Non-Tradespersons.
49.5 First Aid Allowance
49.5.1 An employee, who holds the First Aid
Certificate of the St. Johns Ambulance Association or a Certificate of equivalent
status, may be nominated by management as the work areas First Aid Officer to
assist with on-site first aid when called upon.
49.5.2 Employees in Salary Bands 1 to 6 who possess
the Certificate and are nominated as a First Aid Officer will receive an
allowance of $1.87 per day, other than those employees who the City requires to
hold the Certificate for their position.
49.5.3 Employees in Salary Bands 7 and above who
possess the Certificate and are nominated as a First Aid Officer will not be eligible
to receive the first aid allowance.
SECTION 4 -
APPENDICES
Appendix 1 - Rates of Pay
Appendix 2 - Annual Tool Allowances
Appendix 3 - General Allowances and Conditions Money that me
be Annualised
Appendix 4 - Multi-skilling and Cross-skilling Agreement
1996
Appendix 5 - Table of 9 Day Fortnight and 19 Day Month Pay
Systems
APPENDIX
1 - RATES OF PAY
SALARY
DIVISION
Salary Band
|
Salary Range
|
Salary Range +
2.75% on 13/07/2013
|
Band 1
|
$31, 646 - $50,314
|
$32, 516 - $51,698
|
Band 2
|
$51,837 - $57,910
|
$53,263- $ 59,503
|
Band 3
|
$59,044-$66,876
|
$60,667- $68,715
|
Band 4
|
$68,261 - $77,445
|
$70,138 - $79,575
|
Band 5
|
$78,300 - $87,872
|
$80,453 - $90,288
|
Band 6
|
$89,912-$102,184
|
$92,385 - $104,994
|
Band 7
|
$103,854-$116,379
|
$106,710 - $119,579
|
Band 8
|
$118,644- $135,545
|
$121,907 - $139,272
|
Band 9
|
$137,902 - $154,
829
|
$141,694 - $159,087
|
Band 10
|
$157,807 - $178,
182
|
$162, 147 -
$183,082
|
WAGES
DIVISION
Wages Classification
|
Rate
|
Wages + 2.75% on 13/07/2013
|
|
Grade 1
|
$41,585
|
$42,729
|
|
Grade 2
|
$42,622
|
$43,794
|
|
Grade 3
|
$43,695
|
$44,897
|
|
Grade 4
|
$44,223
|
$45,439
|
|
Grade 5
|
$45,335
|
$46,582
|
|
Grade 5A
|
$45,746
|
$47,004
|
|
Grade 6
|
$46,920
|
$48,210
|
|
Grade 7
|
$47,475
|
$48,781
|
|
Grade 8
|
$48,657
|
$49,995
|
|
Grade 9
|
$49,496
|
$50,857
|
|
Grade 10
|
$50,434
|
$51,821
|
|
Grade 11
|
$51,325
|
$52,736
|
|
Grade 12
|
$52,662
|
$54,110
|
|
Grade 13
|
$54,448
|
$55,945
|
|
Grade 14
|
$55,445
|
$56,970
|
|
Grade 15
|
$55,855
|
$57,391
|
|
Grade 15A
|
$56,342
|
$57,891
|
|
Grade 16
|
$56,841
|
$58,404
|
|
Grade 16A
|
$57,445
|
$59,025
|
|
Grade 17
|
$58,199
|
$59,799
|
|
Grade 17 A
|
$61,971
|
$63,675
|
|
Grade 18
|
$59,251
|
$60,880
|
|
Council Worker
1
|
$40,531
|
$41,646
|
|
Council Worker
2
|
$42,562
|
$43,732
|
|
Council Worker
3
|
$45,746
|
$47,004
|
|
Council Worker
4
|
$47,328
|
$48,630
|
|
Council Worker
5
|
$48,371
|
$49,701
|
|
CSO 1
|
$47,428
|
$48,732
|
|
CSO 2
|
$50,112
|
$51,490
|
|
CSO 2 A
|
$50,669
|
$52,062
|
|
CSO 3
|
$51,840
|
$53,266
|
|
CSO 4
|
$52,681
|
$54,130
|
|
Apprentices 38 hours per week
|
Year 1
|
$28,200
|
$28,976
|
|
Year 2
|
$32,446
|
$33,338
|
|
Year 3
|
$37,035
|
$38,053
|
|
Year 4
|
$41,713
|
$42,860
|
|
APPENDIX
2 - ANNUAL TOOL ALLOWANCES
Classification
|
Annual Rate
|
Annual Rate - 13/07/2013 - 2.75%
|
Bricklayer
|
$1070
|
$1099
|
Carpenter and
Plumber
|
$1,440
|
$1480
|
Metal and
Mechanical Trades
|
$1,440
|
$1480
|
Painter and
Sign writer
|
$435
|
$447
|
Plasterer
|
$1,223
|
$1257
|
Electrician
|
$962
|
$988
|
Stonemason
|
$1,440
|
$1480
|
APPENDIX
3 - GENERAL ALLOWANCES AND CONDITIONS
PART A - Wages Classification Allowances
that may be annualised (refer to Clause 18)
The conditions, money and allowances prescribed in this
Part (excluding A.9 - Chauffeur-Official Cars) shall not, except as otherwise
expressly provided:
be regarded for the purposes of this award , as part of
the ordinary rate of wages attaching to an employee's appointed, classification
or level;
be cumulative, where more than one of such conditions
exists at the same time provided that in these circumstances the highest rate
shall be paid.
A.1 Abnormal conditions allowances
The provisions of this subclause shall not apply to any
employee who is employed in a grade, classification or level in the Cleansing
and Waste unit, City Infrastructure and Traffic Operations unit and Fleet
Services (formerly known as the "Cleansing Group", "Building
Trades Group", "Electrical Trades Group" and "Metal Trades
Group").
An employee required to work:
(i) in a confined space, the dimensions or
nature of which necessitates working in a cramped position or without
sufficient ventilation;
(ii) without protective clothing provided by
Council in a wet place where water is continually dripping on the employee so
that clothing and boots become wet and where there is water underfoot;
(iii) in a place where the temperature is
artificially raised to 46C or above
(iv) in a place where temperature is
artificially reduced to 0C or below
(v) on a ladder at a height of more than 6
metres above the nearest horizontal plane
(vi) in tunnels, underground shafts or drives
(vii) using a noxious spray
(viii) under dirty dusty or otherwise abnormal
conditions not usually encountered by the employee in the normal exercise of
his/her trade, craft or calling
shall be paid an additional $0.41 per hour whilst so
engaged.
A.2 In Charge of Plant During Meal Break
An employee, other than a shiftworker in a continuous process,
in charge of plant during a meal break, shall be paid on each occasion $2.14
per hour
A.3 Explosive Tools
An employee using a Ramset Gun or similar explosive
tool, shall be paid an additional amount of $1.02 per hour
A.4 Removal of Dead Animals
An employee required to handle a dead animal for the
purpose of removal, shall be paid for every such animal so removed an
additional amount of $1.33 with a
maximum amount on any one day of $5.38.
A.5 Driving Lorry with Trailer Attached
An employee engaged in driving a lorry with a trailer
attached shall be paid an allowance of $5.77 per day whilst so engaged.
A.6 Asbestos Allowance
Employees required to use materials containing
asbestos, or to work in close proximity to employees using such materials,
shall be provided with and shall use all necessary safeguards as required by
the appropriate occupational health authority and where such safeguards include
the mandatory wearing of protective equipment (ie. combination overalls and
breathing equipment or similar apparatus) such employee shall be paid $0.61 per
hour extra whilst so engaged.
A.7 Transporting piano
An employee engaged in operating a "Crown"
fork lift whilst transporting a piano shall be paid $3.95 per day
A.8 Additional Allowances for Tradespersons
& Other Employees
The provisions of this subclause apply to tradespersons
in grades, classifications or levels in the City Infrastructure and Traffic
Operations Unit and Fleet Services (formerly known as the Building Electrical and
Metal Trades Groups).
(i) A tradesperson working at a tip or
incinerator, on a refuse collection vehicle, in the hopper, on a conveyor of a
street sweeping machine, in water tank of a flusher, inside compaction unit,
shall be paid $6.74 per day, or part thereof , whilst so engaged.
(ii) A tradesperson or other employee engaged
on a chokage and required to open up any soil pipe, waste pipe or drain pipe
conveying offensive matter, shall be paid $5.19 per day, or part thereof,
whilst so engaged.
(iii) A painter required to use power,
electrical or pneumatic operated tools in the preparation of any surface, shall
be paid $0.45 per hour for all work customary in the trade, whilst so engaged.
(iv) A painter engaged in the removal of rust
from, or repainting or other like work within the hopper or street sweeper, or
the water tank of a flusher shall be paid whilst so engaged $0.42 per hour or
part thereof with a minimum payment of $2.11 per day for any such work on any
day in excess of 1 hour.
A.9 Chauffeur-Official Cars - allowance in
lieu of overtime @ $64.57 per week
PART B -
Allowances Pertaining to Duties that are not Being Performed by Employees as at
the Date of this Award
B.1 As per Clause 9 of the Council of the City
of Sydney (Wages Division - Wages and Conditions) Award 1990.
9.1(b) Abnormal
conditions allowances - all @ 41 cents / hour each
attending
fires in hot water boilers, or burning refuse in incinerators in residential
properties owned by Council
working
on a swinging stage or bosun’s chair
cleaning
the external side of windows over 3 meters above nearest horizontal plane
9.5 Collection
of moneys @ 43 cents
9.11 Slagwool
etc @ 53 cents
B.2 As per Clause 10 of the Council of the
City of Sydney (Salaried Division - Salaries
and Conditions) Award 1990.
10.2 Taking of
verbatim notes in shorthand @ $9.32 for first half hour and $4.82 for each
succeeding half hour
PART C -
Allowances that have been annualised into rates of pay (refer to clauses 49.2,
49.3 and 49.4)
C.1 As per Clause 28.1(a), (b), 2 (i-vii), 5,
6 and 7 of the Council of the City of Sydney (Salaried Division - Salaries and
Conditions) Award 1990:
28.2 Payment
of allowances to supervising tradespersons who hold and act on licences:
Plumbers’,
Gasfitters’ and/or Drainers’ licences; or
Drainers
Licence
both
Plumbers and Gasfitters or Drainers
both
Gasfitters and Drainers
both
Plumbers, Gasfitters and Drainers
payment of
allowance for the holding of the Certificate of Registration issued by the
Building Services Corporation
payment of
allowance where required to be registered under the Motor
Vehicle
Repair Act
payment of
allowance for holder of "A" Grade Electrician’s Licence issued under
the Electricity Development Act 1945
C.2 As per Clause 10 of the Council of the
City of Sydney (Salaried Division - Salaries and Conditions) Award 1990:
10.3a Building
Surveyor having completed the Associate Diploma Health and Building or Post
Certificate Course of Health Surveyors from TAFE
10.3b Health
Surveyor having completed a Post Certificate Course for Building Surveyors by
TAFE
C.3 Supervisory rates
As per
Table 2, Part B, Schedule B of the Sydney City Council (Wages Division - Wages
and Conditions) Interim Award
Clause
|
Brief Description
|
16.1.4
|
Supervisory Classification - Leading Hand
|
|
Sub-Foreperson:
|
|
Town Hall Attendants
|
|
Sub-Foreperson
|
APPENDIX 4 - TRADES GROUP
MULTI-SKILLING & CROSS SKILLING AGREEMENT 1996
Higher Duties Allowance Guidelines
Objectives
This
Guideline shall provide the basis for maintaining, enhancing and rewarding the
flexibility in work arrangements throughout the City Of Sydney Council, adopted
by tradespeople and the range of skills and duties they exercise.
1. The Parties
The Council of
the City of Sydney
Automotive,
Foods, Metals, Engineering, Printing and Kindred Industries Union
(NSW Branch;
Metal and Engineering Division)
New South Wales
Local Government, Clerical, Administrative, Energy, Airlines & Utilities
Union
Electrical
Trades Union of Australia (NSW Branch)
Communications,
Electrical, Electronics, Energy, Information, Postal, Plumbers and Allied Services Union of
Australia (NSW Branch: Plumbing Division)
2. Intention
This guideline
shall only apply to Council employees that are employed in trades
classification within the City of Sydney Council.
3. Duress
This guideline
was freely entered into, without duress, by all parties and all the parties
support and endorse the provisions contained herein.
4. Award
Award shall mean
the City of Sydney Council (Wages Division - Wages and Conditions) Award which
provides wages and conditions for the Trades employee of the Council. Apart
from the clauses specified in this guideline all other clauses of the Award
shall apply.
5. Provisions of the Agreement
The Trades
Groups Multi-skilling and Cross-skilling Higher Grade Duty Allowance Agreement
shall operate to provide the flat gross allowance as detailed below. Conditions
of employment not specified in this Guideline shall be established by the
Award.
6. Multi-skilling and Cross-skilling
Objectives
The parties to
this Guideline shall ensure that the level of multi-skilling and cross‑skilling
currently occurring within trades groups are supported and maintained. This Guideline
shall also ensure that the level of multi-skilling and cross-skilling is
continually extended so that total flexibility is achieved within the City of
Sydney Council. Specifically the parties agree to work towards the following
objectives;
The establishment
of the broad range of skills and duties currently performed by tradespeople as
the requirement for a skilled tradesperson within the City of Sydney Council.
The
continuous expansion of the range of skills and duties tradespeople currently
perform by encouraging them to actively seek opportunities to undertake
training (on the job and off the job)
which supports new areas of work and which further develops their skills. This training will be facilitated in
accordance with the City of Sydney Council's policy on Training and Study
Assistance Scheme.
The
establishment of work relationships
where the range
of skills and duties performed by tradespeople are only
limited by appropriate restrictions which flow from the requirement to hold special
licences.
Advancing
the flexibility in the relationships between the trades by encouraging the
exercise of cross trade skills where such' work is of an incidental nature to
the duties performed by the tradesperson.
The provision of
this allowance will not restrict any employee from seeking a reclassification
in accordance to provisions and requirements stated within the terms and
conditions of the City of Sydney Council (Wages Division - Wages Conditions)
Award.
7. Multi-skilling and Cross-Skilling
Conditions
A commitment to
complete the questionnaire in accordance to guidelines.
The payment of
this allowance will only be provided to an employee who has clearly
demonstrated that they are carrying out multi-skilling and cross-skilling
duties on a regular basis.
The removal of
any work related bans currently undertaken by Trades employees within the City
of Sydney Council and specifically bans in relation to Joint Development
Agreement and the Customer Service Program.
Any withdrawal of
or any refusal to undertake multi-skilling or cross-skilling duties by any
trades person will result in the payment of the "Multi & Cross Skill
Higher Grade Duty Allowance" being withdrawn. Payment of the Allowance will only be
recommenced from the date when the employee actually recommences the
performance of all required multi-skilling and cross-skill duties.
For a new
tradesperson to become eligible for the payment of the "Multi & cross
Skill Allowance" the trades person must complete a maximum eligibility
period of 12 months with, the City of Sydney Council. During this time the employee must be
willing to undertake the necessary training to be able to carry out all
required multi skilling and cross-skilling duties.
Also the
Tradesperson must be able to demonstrate that they are carrying out required
multi-skilling and cross-skilling duties to a competent level.
8. Salary Increase
As recognition
for the level of multi-skilling and cross-skilling currently undertaken and for
agreement to establish the objectives as detailed in clause 7. Multi-skilling
and Cross-skilling Objectives the nominated trades employees will receive a
gross payment of $25.00 per week effective from Monday 18 March 1996. This
allowance will be called the "Multi & Cross Skill Higher Grade Duty
Allowance" and will be paid in accordance of clause 8. Multi-skilling and Cross-skilling Conditions.
Note
All trades
employees who are currently employed by the City of Sydney Council prior to the
18 March 1996 regardless of the length of their service will be eligible for
this allowance; and
This
allowance will not be
paid when an employee is
absent from on workers'
compensation or on unpaid
leave. This allowance will not
be in addition to increases in rates, which flow from the implementation of the
Joint Development Agreement 1996.
9. Dispute Settlement Procedure
The provision of
clause 30, Dispute Settlement Procedures of this Award, apply.
APPENDIX 5 - TABLE OF 9 DAY
FORTNIGHT AND 19 DAY MONTH PAY SYSTEMS
(a) 9 Day
Fortnight Pay System
Week
|
Monday
|
Tuesday
|
Wednesday
|
Thursday
|
Friday
|
Hours Per Week
|
One
|
8.06 hours
|
8.06 hours
|
8.06 hours
|
8.06 hours
|
8.06 hours
|
40.3hours
|
Two
|
8.06 hours
|
8.06 hours
|
8.06 hours
|
8.06 hours
|
Day off
|
32.3 hours
|
Total house worked per fortnight = 72.5 hours, which is
an average of 36.25 hours per week.
(b) 19 Day Month
Pay System (38 hour week)
Week
|
Monday
|
Tuesday
|
Wednesday
|
Thursday
|
Friday
|
Hours Per Week
|
One
|
8 hours
|
8 hours
|
8 hours
|
8 hours
|
8 hours
|
40 hours
|
Two
|
8 hours
|
8 hours
|
8 hours
|
8 hours
|
8 hours
|
40 hours
|
Three
|
8 hours
|
8 hours
|
8 hours
|
8 hours
|
8 hours
|
40 hours
|
Four
|
8 hours
|
8 hours
|
8 hours
|
8 hours
|
Day Off
|
32 hours
|
Total hours worked per 4 week period = 152 hours, which
is an average of 38 hours per week.
(c) 19 Day Month
Pay System (36.25 hour week)
Week
|
Monday
|
Tuesday
|
Wednesday
|
Thursday
|
Friday
|
Hours Per Week
|
One
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
38.15 hours
|
Two
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
38.15 hours
|
Three
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
38.15 hours
|
Four
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
Day Off
|
30.52 hours
|
Total hours worked per 4 week period = 145 hours, which
is an average of 36.25 hours per week
APPENDIX 6 - WORKPLACE
CHANGE, REDUNDANCY AND REDEPLOYMENT- EMPLOYEES COMMENCING BEFORE 5 NOVEMBER
2009
13.1 Identification
and Management of surplus positions
13.1.2 A position is
surplus to the requirements when the City decides that:
(i) It no longer
requires the position to be performed by the relevant employee or by anyone;
and
(ii) This is not
due to the ordinary customary turnover of labour.
13.1 A position may
become surplus to requirement where:
(i) The City has
ceased or significantly diminished providing an activity/function; or
(ii) The number of
staff employed by the City exceeds that required for the efficient and economic
operation of the City’s services; or
(iii) A review or
restructure results in an area of the City’s organisation being abolished or
identifies a need for a different workforce skills profile in that area; or
(iv) Employees
cannot be used effectively in their substantive positions because or
technological or other change in work methods, or changes in the nature, extent
or organisation of the functions of the City.
13.1.4 Where an employee
occupies a position that the City decides is surplus to requirements, the
employee and the relevant union will be advised of this in writing by the Chief
Executive Officer.
13.1.5 After receiving
written notification in accordance with Sub-Clause 13.1.4 the employee whose
position is surplus to requirements will receive four weeks formal notice
during which the employee may elect to either;
(i) Apply for
voluntary redundancy; or
(ii) Participate
in the City’s redeployment and retaining program.
13.1.6 Decisions to
approve or reject an application for voluntary redundancy will be made by the
Chief Executive Officer having regard to the City’s operational requirements
and the potential for the employee to be redeployed.
13.1.7 If an employee
elects not to accept voluntary redundancy, the City will commence an assessment
of the employee’s skills, abilities, knowledge and training needs against any
employment opportunities which are or may be available before the expiration of
the employee’s notice period.
13.1.8 This award does
not prevent either party from agreeing to some other arrangement in respect of
redeployment and/or redundancy where special circumstances arise. For example,
where an opportunity for redeployment will arise after the expiration of the
employee’s notice period, the employee may agree, in writing, to take a period
of paid or unpaid leave pending redeployment to that position or where training
is required, the City may appoint the employee in an acting capacity.
13.1.9 Once the City
decides that a position is surplus to requirements, the options available to
the employee occupying that position will be explored as soon as practicable in
accordance with the processes of this Award.
13.2 Voluntary
Redundancy
13.2.1 Regardless of the
employee’s age or entitlement to any superannuation retirement benefit, an
employee whose position is to be made redundant will be given the opportunity
to apply for a voluntary redundancy.
13.2.2 Notwithstanding sub-clause
13.2.1, there is no right to voluntary redundancy. The City reserves the right
to reject applications for voluntary redundancy, having regard to its overall
staffing requirements and the need to retain appropriate skills and expertise
within its organisation.
13.2.3 Voluntary
redundancy may be offered to an employee whose position will become surplus to
requirements because:
(i) A facility
will be closed and/or services or functions are being transferred to an
external contractor or discontinued; or
(ii) Substantial
restructuring has or will be occurring with the City; or
(iii) The skills
and knowledge specific to a particular group of employees is no longer in
demand.
13.2.4 Where an employee
is requested to express interest in voluntary redundancy, the Executive Member
will be required to certify that the position held by the employee who is being
offered voluntary redundancy is surplus to requirements.
13.3 Ranking of
employees
13.3.1 Where there are
multiple employees performing a position which the City decides is surplus to
requirements, in order to decide which employee’s will have their position made
redundant, the City, in consultation with relevant unions, rank employees on
the basis of merit through:
(i) Comparisons
of the position descriptions, position selection criteria, experience, skills
profile or equivalent, and the conduct and performance (where appropriate) of
affected employees; or
(ii) Reference to
performance, where an employee’s conduct and performance has been assessed in
accordance with the City’s Performance Management Policy over a period of at
least 12 months preceding the date the City decides the employee’s position is
surplus to requirements.
13.3.2 An employee who
occupies a position that may be made redundant as surplus to requirements will
be given the opportunity to respond to the application of the selection
criteria identified in sub-clause 13.3.1.
13.3.3 Employees whose
skills/experience least match the requirements of the existing available
positions or who, on a comparative basis, have a lesser level of performance,
will be targeted for voluntary redundancy.
13.4 Forced
Redundancy
13.4.1 Forced redundancy
will only arise where an employees does not apply for voluntary redundancy and
refuses to participate in the City’s redeployment program.
13.4.2 Refusal to
participate in the City’s redeployment program may be established by the
employee:
(i) Declining a
meaningful and appropriate offer of redeployment. A meaningful and appropriate offer
of redeployment is one that involves redeployment to an available position
which:
(a) The employee
would be capable of performing after receiving a maximum of eight weeks
training;
(b) Is no lower
than two (2) salary band levels below the employee’s substantive position
(applies to Salary division only).
(ii) Refusing to
actively participate in a training, development or redeployment program. This
includes:
(a) Refusing
short-term work placements or special assignments;
(b) Refusing
directions under a work plan;
(c) Failing to
actively participate in training.
(iii) Failing to
meet the City’s standards of conduct as prescribed in the Code of Conduct.
(iv) Failing to meet
the performance standards for a position/project in which the employee is
placed during a redeployment and/or training program.
13.4.3 The entitlements
associated with forced redundancy differ from those associated with voluntary
redundancy.
13.5 Transfer of
Business Redundancy
13.5.1 A transfer of
business redundancy occurs where an employee elects to transfer their
employment to an external contractor of the City.
13.5.2 Where an external
contractor is successful in a tender and a tender provides for the transfer of
City employees to the contractor, an employee whose position the City decides
is surplus to requirements will have the following options:
(i) Apply for a
voluntary redundancy; or
(ii) Remain with
the City and participate in the redeployment and training program; or
(iii) Transfer employment
to work under the contractor, where appropriate.
13.5.3 If an employee
wishes to return to the City’s employ, the employee must pay back their
termination payment (excluding annual leave) in full upon recommencement. This
will enable the employee and the city to meet taxation obligations with regard
to concessional tax provisions and to retain the employee’s continuity of
service with the City.
13.5.4 The employee’s
entitlements upon transfer of business redundancy will be equivalent to that listed
in the New South Wales Protection Act 1982 (or amendments).
13.6 Redeployment
13.6.1 Where an employee
who occupies a position that the City decides is surplus to requirements does
not elect to become voluntarily redundant the employee will be offered the
opportunity to be redeployed.
13.6.2 Employees who wish
to be redeployed are required to cooperatively participate in the City’s
redeployment program. The City’s primary objective in the redeployment process
is to appoint employees to a permanent position, consistent with the person’s
skills, knowledge and ability, as soon as is practicably possible.
13.6.3 Where redeployment
is an employee’s preference, the City will assess an employee’s suitability for
participation in the redeployment program and will assign the employee tasks,
responsibilities and training opportunities in accordance with the City’s
redeployment and redundancy procedures as contained in this Award.
13.6.4 To assist the City
to successfully redeploy employees, employees who are interested in
redeployment must:
(i) Actively
pursue development opportunities;
(ii) Seek out
alternative placements;
(iii) Compete on
merit for advertised positions of a higher level for which they may be
suitable;
(iv) Accept any
reasonable offer of appropriate alternative work.
13.6.5 While the City
will take reasonable steps to secure a permanent position for employees whose
position is to be made redundant, it may also be necessary for those employees
to:
(i) Accept a corporate
and operational project assignment or temporary position; and/or
(ii) Participate
in a skills development or training program; and/or
(iii) Accept a
position at a lower level to the position the employee previously held.
13.7 Corporate and Operational
Project Assignments
13.7.1 Corporate and
operational projects are fixed term job assignments (of up to 12 months) on
specified work. A project must have the approval of the Executive Member to be
suitable for assignment.
13.8 Ranking of
employees
13.8.1 Where there are a
number of employees whose positions the City decides are surplus to
requirements, the same principles in respect of ranking of employees for
redeployment opportunities will apply as set out in Sub-Clause 13.3.1-13.3.3.
13.9 Salary
Maintenance
13.9.1 Where an employee
elects to participate in the City’s redeployment program, the employee will
retain the salary rate attached to their substantive position (ie the position
held immediately prior to being placed in the redeployment program) until the
employee is permanently appointed to another position.
13.9.2 Maintenance of a
higher duties allowance for redeployees will be paid where, at the date of
redeployment, the redeployee has been employed continuously on higher duties in
excess of twelve (12) months. In this case higher duties payment will continue
as salary maintenance.
13.9.3 An employee’s
salary rate in their substantive position will include payment of the following
allowances:
(i) Shift
allowances;
(ii) Supervisory
allowances;
(iii) Tool
allowances; and
(iv) Multiskilling
allowances.
13.9.4 The allowances in
Sub-Clause 13.9.3 will only be included in the employee’s salary rate where the
allowance was paid for a continuous period of at least twelve (12) months immediately
proceedings the date on which the employee’s position was identified as surplus
to the requirements.
13.9.5 An employee who is
redeployed to a position which has a lower salary rate to the salary rate of
the employee’s substantive position will continue to receive salary maintenance
at the salary rate of their substantive position until the employee is
permanently appointed to another position of equal job evaluation (i.e salary
band level).
13.10 Refusal to
participate in Redeployment Program
13.10.1 An
employee who refused to participate in the City’s redeployment program will be
counselled in accordance with the City’s policies.
13.10.2 An
employee whose position the City decides is surplus to requirements who does
not apply for a voluntary redundancy and who refuses to participate in the
redeployment program will only receive salary maintenance for a period of six
(6) months. This salary maintenance period will apply from the date the
employee is notified that their position is surplus to requirements.
13.10.3 An
employee who refuses redeployment who has been receiving salary maintenance in
excess of six (6) months will be made redundant in accordance with the forced
redundancy provisions of this Award.
13.10.4 An
employee who refuses redeployment who has been receiving salary maintenance
will be subject to formal performance based advancement through the salary
range of their previously held position. Future pay adjustments will also apply
to the salary rate of the employee’s previously held position.
13.11 Preferential Job
Placement
13.11.1 Where
the City identified a vacant position within its organisation, the City will
prefer redeployment of employees to the available position to the external
vetting of candidates. The City’s preference in this regards is subject to:
(i) Suitable
employee(s) being available for redeployment. Suitability will be assessed with
regard had to the minimum skill level of the employee(s) and the requirements
of the vacant position as well as the overall ability of the employee(s) to
adequately perform the duties of the position after having received appropriate
training and within a reasonable time-frame after redeployment; and
(ii) The salary
rate of the vacant position being no greater than the employee’s salary rate in
their substantive position.
13.11.2 The
suitability of an employee for redeployment to a vacant position will be
determined with reference to the employee’s:
(i) Qualifications,
experience and skills; and
(ii) Salary level;
and
(iii) Personal
circumstances; and
(iv) Willingness to
participate in training, if required.
13.11.3 When an
employee whose position is surplus to requirements is advised of a suitable
position (either temporary or permanent) for redeployment, the employee will
also be provided with information relevant to the position, including job
description, selection criteria, an organisation chart and particulars of
required training. A reasonable opportunity will be afforded to the employee to
obtain all relevant information pertaining to the position.
13.11.4 If two
or more employees are assessed as suitable for redeployment to a position, the
employee offered the appointment to the position will be determined in
accordance with the City’s merit based selection procedures and practices.
13.11.5 An
employee who is not selected for redeployment to an available position will be
provided with a written statement from the Executive Member detailing why the
employee was not redeployed to the position.
13.11.6 A decision
by the City whether or not to appoint an employee to an available position is
not subject to appeal.
13.12 Training
Where an employee is not able to be placed immediately
into an available position, the City may offer appropriate training. While the
City recognises its role in providing training to an employee whose position is
identified as surplus to requirements, employees have no rights of access to
formal training at the City’s expense. Whether or not training will be offered
to an employee will be decided by the City after considering.
(i) The cost of
training against the benefit to the quality of the City’s services;
(ii) The
likelihood of placement after training is completed;
(ii) The need to
fill the available position in a timely manner;
(iv) The degree of
training required to equip the employee to adequately perform the duties of the
available position;
(v) The employee’s
prior work performance; and
(vi) The employee’s
satisfactory completion of previous training programs.
13.12.1 Where
the city takes the view that training is appropriate and the employee who is
offered redeployment is willing to undertake the training, the City, in
consultation with the employee, will develop an appropriate training program.
13.12.2 Any
training program that the City requires an employee to carry out will be at the
expense of the City and, where possible, will be undertaken outside the
employee’s normal working hours, the employee will be granted time off in lieu
for the prescribed course hours.
13.12.3 At any
time during the training period, where appropriate, the employee will be
entitled to preferential appointment to an available position which does not
require training.
13.12.4 An
employee who requires training to perform the duties of an available position
may occupy the position in an acting capacity while the training is carried
out.
13.12.5 Where
training has been deemed necessary for redeployment of an employee, the
employee must satisfactorily complete all training requirements before
permanent appointment to the available position. In the event that the employee
does not satisfactorily complete all training requirements, the City may revoke
the offer to redeploy the employee to the available position.
13.13 Contract Employees
13.13.1 For the
purpose of this award, "contract employees" means employees who are
employed under the terms and conditions of the City’s Contract Employment
Policy and whose salary is linked to the City’s awards.
13.13.2 Consistent
with this Award, "contract employees" means employees who are
employed under the terms and conditions of the City’s Contract Employment
Policy and whose salary is linked to the City’s awards.
13.13.3 If, in
the event of workplace change initiatives (restructuring, competitive tendering
etc), the employee’s services can be utilised in a similar role or capacity
where there is no loss in the employee’s salary, the duties and
responsibilities of an employee who is employed under the terms and conditions
of a written fixed-term contract may be varied. Any variation will be by
agreement, in writing, between the City and the employee concerned. An
agreement to vary the duties and responsibilities of a contract employee may
not be unreasonable withheld by either party.
13.13.4 The
termination provisions of the Contract of Employment will prevail if the
employee’s services cannot be utilised in a similar role or capacity without
loss of salary by the employee.
13.14 Voluntary
Redundancy resulting from redeployment action
13.14.1 Employees
who occupy positions that have been identified as surplus to requirements will
be offered voluntary redundancy in the first instance.
13.14.2 Employees
who, in lieu of voluntary redundancy, elect to participate in the City’s redeployment
program will remain eligible to apply for voluntary redundancy at any time
while placed in the program.
13.14.3 Once an
employee has been permanently appointed to an appropriate position, they will
no longer be eligible to participate in the redeployment program of apply for
voluntary redundancy.
13.15 Transfer of
Redundancy Application (mix and match arrangements)
13.15.1 Where
an employee, other than an employee occupying a position that has been
identified as being surplus to requirements, wishes to apply for voluntary
redundancy, the City may accept the voluntary redundancy application and allow
redeployment of the employee originally identified for voluntary redundancy.
13.16 Employee
Assistance and Counselling
13.16 Employees who accept
voluntary redundancy or elect to participate in the City’s redeployment and
retraining program will be entitled to assistance and information which may
include:
(i) Stress
management counselling;
(ii) Vocational
counselling which may include career transition, training opportunities and
occupational information;
(iii) Information
on programs to upgrade skills or acquire new skills;
(iv) Financial
counselling on matters associated with taxation, superannuation and financial
management;
(v) Assistance with
job search, resume preparation and interview skills.
13.17 Consultation
13.17.1 This
award recognises the rights of unions to represent the interests of employees
through consultation and or negotiation with the City where the City is in the
process of implementing workplace change.
13.17.2 Where
the city decides that a position(s) is surplus to requirements the following
consultative arrangements will apply:
(i) The City will
advise the relevant union and employees that the employees positions have been
identified as surplus to requirements;
(ii) The City will
provide the union with all relevant information pertaining to the employees
concerned, including classifications and work locations;
(iii) Discussions
between the City and Union will cover the reasons for the surplus staffing
situation and the measures,
if any, which could be taken to reduce the incident of
employees becoming surplus to requirements;
(iv) After consulting
with the relevant union and affected employees, the employees whose positions
are deemed surplus to requirements will be given written notification of the
redundancy of their positions and will be given further information in respect
of the redeployment and training options available to them.
13.18 Redundancy
Entitlements
13.18.1 The
Basis for calculating a redundancy entitlement
13.18.2 For the
purpose of calculating any payment under the schedules contained in this clause
"weeks pay" means the ordinary time rate of pay for a week’s work for
the employee concerned except where an employee:
(i) Has been
acting in a higher position for a continuous period of at least twelve (12)
months immediately preceding the date on which the City decided the employee’s
position was surplus to requirements. In those circumstances the employees
"weeks pay" will be derived from the employee’s salary in a higher
position at that date; or
(ii) Has been
receiving an allowance (e.g shift allowance) for a continuous period of at
least twelve (12) months immediately preceding the date on which the City
decided the employee’s position was surplus to requirements. In those
circumstances the weekly average amount of the allowance received during the
twelve (12) month period will be counted as part of the "weeks pay".
13.18.3 For the
purpose of calculating any payment under the Schedules in this Clause
"years of service" means completed full years of service from the
date the employee commenced employment with the City.
13.19 Voluntary
Redundancy
Schedule
|
Weeks
|
Termination pay in lieu of notice
|
4
|
Job Search Allowance
|
10
|
4 weeks pay per year of service for the first 5 years
|
20 (maximum)
|
2 weeks pay per year or service thereafter
|
18 (maximum)
|
Maximum Available
|
52 weeks
|
13.19.1 Sick
leave accrual prior to 14 February 1993 will be paid out to a maximum of 14
weeks.
13.19.2 Gratuity
entitlements, as per the Applicable award will be paid out.
13.19.3 Out-placement
services up to a value of $3,000 per person will be provided, where requested
by the employee concerned.
13.20 Forced Redundancy
13.20.1 Forced
redundancy payments will be based on the voluntary redundancy benefits with the
following exceptions:
(i) The job
search provisions will not apply;
(ii) The maximum
weeks available will be limited to 42 weeks;
(iii) No
out-placement services will be provided.
13.21 Transfer of
business Redundancy
The Employment Protection Regulation 2001 (New South
Wales) - Schedule 1 - Scale of Severance Payments
Length of continuous service by employee
|
Rate for
calculation of amount of severance payment
|
|
If employee is less
than
|
If employee is over
45
|
|
45 years of age
|
years of age
|
Less than 1 year
|
Nil
|
Nil
|
More than 1 years but less than 2
|
4 weeks pay
|
5 weeks pay
|
More than 2 years but less than 3
|
7 weeks pay
|
8.75 weeks pay
|
More than 3 years but less than 4
|
10 weeks pay
|
12.5 weeks pay
|
More than 4 years but less than 5
|
12 weeks pay
|
15 weeks pay
|
More than 5 years but less than 6
|
14 weeks pay
|
17.5 weeks pay
|
More than 6 years
|
16 weeks pay
|
20 weeks pay
|
13.22 Re-employment and
or Re-engagement of Employees
13.22.1 Employees
who have left employment with the City due to redundancy, except for employees
who have accepted a transfer of business redundancy entitlement, will not be
re-employed or engaged in any capacity within fifty two (52) weeks from their
separation date.
13.22.2 Sub-clause
13.17 applies equally to situations where individuals are employed or engaged
on a permanent, causal, agency, consultancy or contract basis in respect of:
(i) A full-time
or part-time employee or contract basis in respect of:
(ii) Company
trust, partnership or sole trader where the ex-employee is a principal; or
(iii) An employee
of a contractor, consultancy or agency which has a separate legal entity to the
employee.
13.22.3 For all
hiring and recruitment, the delegated officer is to certify that the person
being hired did not leave the City’s employment due to redundancy within fifty
two (52) weeks from the commencement date.
13.22.4 For all
engagements of contractors or consultants, the engaged manager is to certify
that the contractor or consultant performing the work or providing the services
did not leave the City’s employment due to redundancy within fifty two (52)
weeks from their engagement date. This should be verified by a written
statement from the contracting or consultancy company or agency.
13.22.5 Exceptions
to this requirement may only be approved by the Chief Executive Officer and
cannot be sub-delegated. The Lord Mayor and the relevant union must be advised
of an approval under this Sub-Clause.
13.22.6 Where
exceptions are approved, employees who are re-employed or re-engaged will be
made aware of their financial responsibilities with respect to superannuation
and redundancy payments paid at concessional taxation rates.
M. J. WALTON J ,
President
____________________
Printed by
the authority of the Industrial Registrar.