Local Government (State)
Award 2014
INDUSTRIAL
RELATIONS COMMISSION OF NEW SOUTH WALES
Application by New South Wales Local Government, Clerical,
Administrative, Energy, Airlines & Utilities Union, Industrial Organisation of Employees.
(Nos. IRC 461 and 462 of 2014)
Before The Honourable Justice Walton, President
|
25 June and 16 July 2014
|
AWARD
PART A
1. Arrangement
Clause
No. Subject Matter
15 Allowances,
Additional Payments and Expenses
12 Annualised Salaries
3 Anti-discrimination
33 Appointment
and Promotion
43 Area,
Incidence and Duration
1 Arrangement
26 Casual
Employment
32 Consultative
Committees
40 Council
Agreements
4 Definitions
36 Disciplinary
Procedures
22 Flexibility
for Work and Family Responsibilities
35 Grievance
and Dispute Procedures
24 Health
and Wellbeing
20 Holidays
18 Hours
of Work
27 Job
Share Employment
30 Junior
and Trainee Employment
28 Labour
Hire
21 Leave
Provisions
42 Leave
Reserved
16 Motor
Vehicle Leaseback
29 Multiple
Employment
19 Overtime
25 Part-time
Employment
10 Payment
for Relief Duties/Work
11 Payment
of Employees
9 Performance
Evaluation and Reward
23 Phased
Retirement
6 Rates
of Pay
17 Residence
13 Salary
Sacrifice
7 Salary
System
41 Savings
and Transitional
5 Skill Descriptors
2 Statement
of Intent
14 Superannuation
Fund Contributions
34 Term
Contracts
38 Termination
of Employment
31 Training
and Development
8 Use
of Skills
37 Work
Health and Safety
39 Workplace
Change and Redundancy
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Allowances
Schedule 1 - Minimum Standards of Caravan
Accommodation to be provided to Employees Required to Camp Out.
2. Statement
of Intent
The parties to the Award are committed to co-operating
positively to increase the productivity, structural efficiency and financial
sustainability of Local Government and to provide employees with access to more
fulfilling, varied and better-paid work by providing measures to, for instance:
improve skill levels and establish skill-related career
paths;
eliminate impediments to multi-skilling;
broaden the range of tasks which a worker may be
required to perform;
achieve greater flexibility in workplace practices;
eliminate discrimination;
establish rates of pay and conditions that are fair and
equitable;
work reasonable hours;
promote job security;
ensure and facilitate flexibility for work and family
responsibilities;
ensure the delivery of quality services to the
community and continuous improvement;
encourage innovation; and
promote cooperative and open change management
processes.
3. Anti-Discrimination
(i) It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the Award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(iii) Under the
Anti-Discrimination Act 1977 (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.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977 (NSW);
(d) a party to
this Award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 (NSW) provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
4. Definitions
(i) Association
means the Local Government and Shires Association of New South Wales, which is
also known as Local Government NSW (LGNSW).
(ii) Council means
a Municipal, City, Shire, County Council or Council within NSW as defined in
the Local Government Act 1993. This
definition shall be read subject to the allocation of responsibilities as
specified in the Local Government Act 1993 (NSW).
(iii) Competency
based training refers to training concerned with the attainment and
demonstration of specified skills, knowledge and their application to meet
industry standards.
(vi) Complying
superannuation fund has the same meaning as in the Superannuation Industry
(Supervision) Act 1993 (Cth).
(v) Days - unless
otherwise specified, any reference to 'days' shall mean calendar days.
(vi) Employer means
all employers in local government or in the local government industry within
NSW that are covered by clause 43, Area, Incidence and Duration of this Award.
(vii) General
Manager shall mean a person appointed in accordance with section 334 of the
Local Government Act 1993 (NSW) to discharge the duties and responsibilities of
the office of general manager as set out in section 335 of the Local Government
Act 1993 (NSW) and such other duties that a council may delegate to the general
manager. When carrying out these duties, the general manager is acting on
behalf of the council.
(viii) Ordinary Pay
means remuneration for the employee's normal weekly number of hours of work
calculated at the ordinary time rate of pay. Ordinary pay shall include, but
not be limited to the following penalties and allowances where they are
regularly received:
Saturday, Sunday and shift penalties
hours of work flexibility agreements allowances
adverse working conditions allowances
climatic, west of the line allowances
civil liability allowance
tool allowances
on call allowance
first aid allowance
community language and signing work allowances.
provided that subject to the exclusions below and at
clauses 10(ii) and 21D(ix), an employee’s ordinary pay during periods of paid
leave under this Award shall not be more or less than what the employee would
have received had the employee not been on paid leave.
The following allowances shall be excluded
from the composition of ordinary pay:
overtime payments
camping allowance
travelling allowances
sewer chokes allowance
vehicle allowances
meal allowances.
(ix) Seven day a week
rotating roster system means a work roster system in which the employee is
regularly required to work:
(a) ordinary hours
on each of the seven calendar days of the week; and
(b) ordinary hours
on at least one Saturday and one Sunday in every four, or in the case of a
seasonal worker an average of at least twelve Saturdays and twelve Sundays
during a twelve month period; and
(c) on Public
Holidays; and
(d) at different
agreed commencement times during the roster period (i.e. different shifts)
provided that where, prior to the commencement of this
Award, an employee regularly worked according to a roster system that the
employer regarded as a seven day a week rotating roster system, and the
employee continues to work according to the same roster system, the roster
system shall be deemed to be a seven day a week rotating roster system for that
employee.
(x) Superannuation
contributions means all contributions to a complying superannuation fund, and
includes (without limitation) any superannuation contributions required to be
made under the Superannuation Guarantee (Administration) Act 1992 (Cth), and
any additional superannuation contributions made by way of salary sacrifice.
(xi) Union means
the New South Wales Local Government, Clerical Administrative, Energy, Airlines
& Utilities Union (USU); the Local Government Engineers’ Association of New
South Wales (LGEA); the Development and Environmental Professionals’
Association (depa); and the Nurses’ Association of New South Wales.
5. Skill
Descriptors
The Award structure consists of skill based bands and levels
that are defined according to the following skill descriptors:
(i) Operational
Band 1, Level 1
Authority and accountability: Completion of basic tasks
with work closely monitored by the team leader or supervisor.
Judgement and problem solving: Judgement is limited and
coordinated by other workers.
Specialist knowledge and skills: Specialist knowledge
and skills are obtained through on-the-job training and employer-based induction
training. Off-the-job training may lead to trade, technical or professional
qualifications.
Management skills: Not required.
Interpersonal skills: Limited to communications with
other staff and possibly, with the public.
Qualifications and experience: Completion of School
Certificate or the Higher School Certificate may be sought. Completion of an
appropriate labour market program or similar short-term work/skills experience
is desirable.
(ii) Operational
Band 1, Level 2
Authority and accountability: Responsible for
completion of basic tasks with individual guidance or in a team.
Judgement and problem solving: Applies standard
procedures with normally few if any options in the application of skills.
Specialist knowledge and skills: Job specific skills
and knowledge would normally be gained through on-the-job training and
experience. Short courses may be completed at TAFE.
Management skills: Not required.
Interpersonal skills: Frequent communication with other
staff and/or the public common but normally at a routine level.
Qualifications and experience: Incumbents may have
attended short courses in specific work areas or be undertaking a technical
college certificate as completion of structured training program in
work-related area.
(iii) Operational
Band 1, Level 3
Authority and accountability: Responsible for
completion of regularly occurring tasks with general guidance on a daily basis.
Judgement and problem solving: Judgement is required to
follow predetermined procedures where a choice between more than two options
are present.
Specialist knowledge and skills: Application of skills,
including machine-operation skills, following training "on the job"
or accredited external training over a number of months.
Management skills: Some guidance/supervision may be
required. May assist a co-ordinator/trainer with on-the-job training.
Interpersonal skills: Skills required for exchange of
information on straightforward matters.
Qualifications and experience: Suitable experience or
qualifications in a number of defined skill areas.
(iv) Operational
Band 1, Level 4
Authority and accountability: Responsible for
supervising staff in operational duties or for work requiring independence in
the application of skills, subject to routine supervision. Responsible for
quality of work function.
Judgement and problem solving: Option on how to
approach tasks requires interpretation of problems and may involve precise
judgement in operational areas.
Specialist knowledge and skills: The number of work
areas in which the position operates makes the work complicated and a variety
of skills are required in its completion. Position may require competence in
operation of complex machinery.
Management skills: Supervisory skills in the
communication of instructions, training and the checking of work may be
required.
Interpersonal skills: Skills are required to convince
and explain specific points of view or information to others and to reconcile
differences between parties.
Qualifications and Experience: Experience to adapt
procedures to suit situations and a thorough knowledge of the most complex
operational work procedures to achieve work objectives.
(v) Administrative/Technical/Trades
Band 2, Level 1
Authority and accountability: Responsible for the
completion of work requiring the application of trades, administrative or
technical skills.
Judgement and problem solving: Skills in assessing
situations and in determining processes, tools and solutions to problems. Guidance
is available.
Specialist knowledge and skills: Positions will have
demonstrated competence in a number of key skill areas related to major
elements of the job.
Management skills: Positions may require skills in the supervision
or co-ordination of small groups.
Interpersonal skills: Communication skills to explain
situations or advise others.
Qualifications and experience: Appropriate work-related
trade, technical or administrative qualifications or specialist skills
training.
(vi) Administrative/Technical/Trades
Band 2, Level 2
Authority and accountability: Responsibility as a
trainer/co-ordinator for the operation of a small section which uses staff and
other resources, or the position completes tasks requiring specialised
technical/administrative skills.
Judgement and problem solving: Skills to solve problems
which require assessment of options with freedom within procedural limits in
changing the way work is done or in the delegation of work. Assistance may be
readily available from others in solving problems.
Specialist knowledge and skills: Positions will have
specialised knowledge in a number of advanced skill areas relating to the more
complex elements of the job.
Management skills: May require skills in supervising a
team of staff, to motivate and monitor performance against work outcomes.
Interpersonal skills: In addition to interpersonal
skills in managing others, the position may involve explaining issues/policy to
the public or others and reconcile different points of view.
Qualifications and experience: Thorough working
knowledge and experience of all work procedures for the application of
technical/trades or administrative skills, based upon suitable certificate or
post-certificate-level qualifications.
(vii) Administrative/Technical/Trades
Band 2, Level 3
Authority and accountability: May be responsible to
provide a specialised/technical service and to complete work which has some
elements of complexity. Make recommendations within the employer and represent
the employer to the public or other organisations.
Judgement and problem solving: Problem solving and
judgements are made where there is a lack of definition requiring analysis of a
number of options. Typical judgements may require variation of work priorities
and approaches.
Specialist knowledge and skills: Positions have
advanced knowledge and skills in a number of areas where analysis of complex
options is involved.
Management skills: May supervise groups of operational and/or
other administrative/trades/technical employees. Employees supervised may be in
a number of different work areas, requiring motivation, monitoring and
co-ordination to achieve specific outputs.
Interpersonal skills: Skills to communicate with subordinate
staff and the public and/or negotiation/persuasive skills to resolve disputes
with staff or the public.
Qualifications and experience: An advanced certificate,
associate diploma, appropriate in-house training or equivalent combined with
extensive experience in the application of skills in the most complex areas of
the job.
(viii) Professional/Specialist Band 3, Level 1
Authority and accountability: Provides
specialised/technical services to complete assignments or projects in
consultation with other professional staff. May work with a team of technical
or administrative employees requiring the review and approval of more complex
elements of the work performed by others.
Judgement and problem solving: Problems require
assessment of a range of options having elements of complexity in reaching
decisions and making recommendations. Precedent is available from sources
within the employer, and assistance is usually available from other
professional/specialist staff in the work area.
Specialist knowledge and skills: Positions require
considerable knowledge in a specific area with a sufficient level of skills and
knowledge to resolve issues having elements of complexity that may not be
clearly defined.
Management skills: Positions at this entry level to the
Professional/Specialist Band are not required to possess management skills.
Interpersonal skills: Persuasive skills are required to
participate in technical discussions to resolve problems, explain policy and
reconcile viewpoints.
Qualifications and experience: Professional/specialist
positions require professional qualifications to apply theoretical knowledge to
practical situations.
(ix) Professional/Specialist
Band 3, Level 2
Authority and accountability: Provides a
specialised/technical service in the completion of work and/or projects which
have elements of complexity (composed of many parts that may be more conceptual
than definite).
Judgement and problem solving: Positions require the
interpretation of information and development of suitable procedures to achieve
agreed outcomes. Problem solving and decision making require analysis of data
to reach decisions and/or determine progress.
Specialist knowledge and skills: Experience in the
application of technical concepts and practices requiring additional training
are required at this level.
Management skills: May manage a number of projects
involving people and other resources requiring project control and monitoring
as well as motivation and co-ordination skills.
Interpersonal skills: Interpersonal skills in leading
and motivating staff in different teams/locations may be required, as well as
persuasive skills to resolve problems or provide specialised advice.
Qualifications and experience: Positions at this level
would have supplemented base level professional qualifications with additional
skills training. Considerable practical experience or skills training would be
required to effectively control key elements of the job.
(x) Professional/Specialist
Band 3, Level 3
Authority and accountability: Provides a professional
advisory role to people within or outside the employer. Such advice may commit
the employer and have significant impact upon external parties dealing with the
employer. The position may manage several major projects or sections within a
department of the employer.
Judgement and problem solving: Positions have a high
level of independence in solving problems and using judgement. Problems can be
multi-faceted requiring detailed analysis of available options to solve
operational, technical or service problems.
Specialist knowledge and skills: The skills and
knowledge to resolve problems where a number of complex alternatives need to be
addressed.
Management skills: May be required to manage staff, resolve
operational problems and participate in a management team to resolve key
problems.
Interpersonal skills: Interpersonal skills in leading
and motivating staff may be required. Persuasive skills are used in seeking
agreement and discussing issues to resolve problems with people at all levels.
Communication skills are required to enable provision of key advice both within
and outside the employer and to liaise with external bodies.
Qualifications and experience: Tertiary qualifications
combined with a high level of practical experience and an in-depth knowledge of
work.
(xi) Professional/Specialist
Band 3, Level 4
Authority and accountability: Accountable for the
effective management of major sections or projects within their area of
expertise. As a specialist, advice would be provided to executive level and to
the employer on major areas of policy or on key issues of significance to the
organisation. The position's influence would have an important role in the
overall performance of the function.
Judgement and problem solving: Positions would
determine the framework for problem solving or set strategic plans with minimal
review by senior management. At this level, the position may represent senior
management or the employer in the resolution of problems. The oversight of
problem solving and assessment of the quality of judgements made by less
qualified staff will apply at this level.
Specialist knowledge and skills: Positions require
knowledge and skills for the direction and control of a key function of the
employer or major functions within a department. Positions require expert
knowledge and skills involving elements of creativity and innovation in
addressing and resolving major issues.
Management skills: Positions may direct professional or
other staff in the planning, implementation and review of major programs, as
well as participating as a key member of a functional team.
Interpersonal skills: Interpersonal skills in leading
and motivating staff will be required at this level. Positions require the
ability to negotiate on important matters with a high degree of independence.
Positions are required to liaise with the public and external groups and
organisations.
Qualifications and experience: Specialist tertiary
qualifications in an appropriate field of study combined with extensive
practical experience in all relevant areas in order to plan, develop and
control major elements of work.
(xii) Executive
Band 4
Authority and accountability: Accountable for the
direction and control of the employer or a department or the like. Influence
and commit the employer or a department or the like to long-term strategic
directions. Lead policy development and implementation.
Judgement and problem solving: Positions solve problems
through analytic reasoning and integration of wide-ranging and complex
information, and have a high level of independence in determining direction and
approach to issues.
Specialist knowledge and skills: The position requires
the application of a range of specialist knowledge and skills, including
relevant legislation and policies and other areas of precedent. Ability to
provide authoritative advice to the employer.
Management skills: Application of corporate management
skills in a diverse organisation to establish goals and objectives. Manage and
control staff, budgets and work programs or major projects of the employer or a
department or the like utilising leadership, evaluation and monitoring skills
to facilitate achievement of objectives. Ability to generate innovative approaches
to more effectively deploy resources, meet changing circumstances and improve
service to the employer's clients.
Interpersonal skills: Positions use persuasive skills
with external parties on major items of critical importance to the employer.
They motivate managers and staff at all levels by leading and influencing
others to achieve complex objectives. They influence the development of the
employer.
Qualifications and experience: Positions will have a
relevant degree or equivalent and management experience, combined with
accredited management qualifications.
6. Rates
of Pay
(i) The rates of
pay are established for positions with the skills descriptors as defined in
Clause 5, Skill Descriptors of this Award.
(ii) The rates of
pay are set out in Table 1 of Part B of this Award and are entry level rates of
pay only, except for Operational Band 1, Level 1, which are actual rates of
pay.
(iii) The employer
shall introduce a salary system to complement the skills-based structure and
rates of pay of the Award.
7. Salary
System
(i) A salary
system determines how employees are paid. An employee shall be paid the salary
system rate of pay that recognises the skills the employee is required to apply
on the job.
(ii) The salary system
shall have a structure that complements the entry level rates of pay and skill
descriptors in the Award by identifying grades. Each grade shall contain a
number of salary points/steps for progression that are over and above the entry
level rates of pay.
(iii) Positions
shall be assigned a salary grade(s) within the structure. A position may extend
across more than one grade in the employer's salary system or level as
prescribed by Clause 5 Skills Descriptors of this Award.
(iv) Progression
through the salary system shall be based upon:
(a) the
acquisition and use of skills; or
(b) employee
performance, provided that progression beyond the award entry level based upon
the acquisition and use of skills is also available.
(v) Where skills
based progression is not reasonably available within the salary range for the
position, employees shall have access to progression based on the achievement
of performance objectives relating to the position. Such performance objectives
shall be set in consultation with the employee(s).
(vi) Subject to
subclauses (iv) and (v), skills for progression relevant to the position shall
be assigned to each salary point/step within the grade, or set at the annual
assessment provided that such criteria shall provide an opportunity to progress
through the salary system.
(vii) Except where
otherwise provided, employees shall be assessed for progression through the
salary range for their position at least annually or when they are required to
use skills that would entitle them to progress in the salary system.
(viii) The employer
shall not be required to conduct annual assessments for those employees who
have progressed through the salary system to the maximum point/step for their
position, provided that if an employee on or above the maximum point/step for
their position requests an annual assessment in writing, the employer will
provide one.
(ix) At the time of
assessment, the employer shall advise the employee of the skills and/or the
performance objectives required for the employee to progress to the next salary
point/step and shall review the employee's training needs.
(x) The salary
system shall include a process by which employees can appeal against their
assessment.
(xi) Employees
shall have access to information regarding the grade, salary range and
progression steps of the position.
(xii) Where the
employer changes its salary system structure, employees shall not suffer a
reduction in pay or salary range. Further,
employees shall not suffer a reduction in progression steps based on the
acquisition and use of skill, unless otherwise agreed.
8. Use of Skills
(i) The parties
are committed to improving skill levels and removing impediments to multi
skilling and broadening the range of tasks that the employee is required to
perform.
(ii) The employer
may direct the employee to carry out such duties that are within the limits of
the employee's skill, competence and training.
(iii) An employee
shall be paid the salary system rate of pay that recognises the skills the
employee is required to apply on the job.
(iv)
(a) The skills
paid for shall not be limited to those prescribed by the job description and
may, where appropriate, include skills possessed by the individual which are
required by the employer to be used as an adjunct to the employee's normal
duties.
(b) Subject to
subclause (xiii) of Clause 15, Allowances, Additional Payments and Expenses,
employees who are required by the employer to use such additional skill(s) in
the performance of their duties shall have the use of these skill(s) considered
in the evaluation of the position.
9. Performance
Evaluation and Reward
A. Enterprise
(i) It is the
intention of the parties to create a flexible award in which employers can
increase the overall efficiency and effectiveness of local government services.
(ii) Employers
should consider the development of enterprise key performance indicators which
are specific to local needs.
(iii) Where the
employer develops enterprise key performance indicators regard shall be had to
the following:
(a) measurement of
the manner and process by which services are provided;
(b) measurement of
both qualitative and quantitative aspects of service provision e.g. community satisfaction,
timeliness, service quality, output and cost data;
(c) those
indicators identified in the publication 'Comparative Information on New South
Wales Local Government Councils' issued by the New South Wales Department of
Local Government.
(iv) Employers
shall discuss enterprise key performance indicators relating to human resources
activities and/or job redesign with the consultative committee.
(v) Employee(s) or
the employer may seek assistance from the appropriate union or Association in
developing and implementing enterprise key performance indicators.
B. Individual/Team
(i) Enterprise
key performance indicators may be used to develop performance targets for teams
or individual employees.
(ii) All employees
need to know and have confirmed the role, accountabilities and performance
standards that are expected of them. Role clarity, acceptance of goals and
regular feedback are essential to effective performance. A key aim should be to
provide a means of recognising and rewarding high performance and to provide an
early assessment and response to substandard performance. A review system also
provides a basis for identifying development needs for individuals, and can be
used as an important input to promotion decisions.
(iii) This Award
recognises that all employees shall have on-going feedback about performance.
The performance development process can be simplified to three stages:
(1) joint
development on objectives and performance standards;
(2) progress
reviews; and
(3) a formal
performance review which is followed by decisions and outcomes.
C. Bonus and
Additional Performance Payments
(i) Employers may
make available access to bonus payments or other opportunities for additional
reward for those employees who have progressed through the salary system to the
maximum point/step for their position.
(ii) Where a
salary system provides for the payment of a performance component separate from
a skills component, variations to payments under the performance component
shall not affect payments under the skills component.
10. Payment
for Relief duties/work
(i) An employee
required to relieve in a position which is at a higher level within the salary
system shall be paid for that relief. The rate to be paid shall be determined by
considering the skills/experience applied by the employee relieving in the
position but shall be at least the minimum rate for that position in accordance
with the salary system except where the higher level skills have been taken
into account within the salary of the relieving employee.
(ii) Payment for
use of skills relieving in a higher paid position shall be made for the time
actually spent relieving in the higher position and is not payable when the
relieving employee is absent on paid leave or an award holiday. An employee on
annual leave may be entitled to a higher rate of pay in accordance with the
provisions of Clause 21 Part D(ix) of this Award.
(iii) An award
employee who is required to relieve in a senior staff position, so designated
under the Local Government Act 1993 (NSW), shall be paid an appropriate rate of
pay commensurate with the duties and responsibilities of the relief work
undertaken.
11. Payment
of Employees
(i) Employees
shall be paid either weekly or fortnightly, or any other period by agreement,
on a fixed regular pay day.
(ii) The employer
shall fix a regular payday, between Monday and Friday inclusive. The employer
may alter the payday if there is prior agreement with the employees affected
and the employees shall not unreasonably withhold their agreement.
(iii) Payment shall
be by cash, cheque or direct credit to the employee's nominated account.
(iv) The employer
shall deduct and pay on behalf of the employee from any remuneration payable to
the employee union membership fees where authorised by the employee in
writing. The employer can deduct and pay
on behalf of the employee from any remuneration payable to the employee such
other amounts as the employee authorises in writing.
(v) An employee’s
ordinary pay shall not be reduced when the employee is prevented from attending
work due to bushfire or other climatic circumstances beyond their control,
provided that this subclause shall not apply if:
alternative duties are available that the employee can
usefully perform, or
the bushfire or other climatic circumstance occurred
outside of the State of New South Wales, or
the employee has been unable to attend work for more
than one week per bushfire or other climatic circumstance event. The employee may, in exceptional circumstances,
apply to the employer for paid special leave and such request shall not be
unreasonably refused.
(vi) Where an
employee takes a period of sick leave and subsequently becomes entitled to the
payment of workers compensation for the same period but at a lesser amount than
the sick leave already paid, the employer shall be entitled to deduct from the
employee’s remuneration the difference between the sick leave payment and the
workers’ compensation payment.
12. Annualised
Salaries
(i) Annual salary
instead of award provisions
Notwithstanding any other provision of this Award, the
employer and an employee may agree that the employer may pay the employee an
annual salary in satisfaction of any or all payments arising under the
following provisions of the Award:
(a) Rates of Pay -
clause 6;
(b) Use of Skills
- clause 8;
(c) Performance
Evaluation and Reward - clause 9
(d) Payment for
Relief Duties/Work - clause 10
(e) Salary
Sacrifice - clause 13
(f) Allowances,
Additional Payments and Expenses - clause 15
(g) Residence -
clause 17
(h) Hours of Work
- clause 18
(i) Overtime -
clause 19
(j) Holidays -
clause 20
(ii) Annual salary
not to disadvantage employees
(a) The annual salary
must be no less than the amount the employee would have received under this
Award for the work performed over the year for which the salary is paid (or if
the employment ceases earlier over such lesser period as has been worked).
(b) The annual salary
of the employee must be reviewed by the employer at least annually to ensure
that the compensation is appropriate having regard to the award provisions
which are satisfied by the payment of the annual salary.
(c) Employees
shall not be denied the opportunity to apply for new or vacant positions as a
result of the operation of this clause.
(iii) An annual
salary agreement must:
(a) be in writing
and signed by both parties;
(b) state the date
on which the arrangement commences;
(c) be provided to
the employee;
(d) contain a
provision that the employee will receive no less under the arrangement than the
employee would have been entitled to if all award obligations had been met,
taking account of the value of the provision of matters not comprehended by the
award such as private use of an employer provided motor vehicle;
(e) be subject to
an annual review;
(f) contain
details of any salary package arrangements, including the annual salary that is
payable;
(g) contain
details of any other non-salary benefits provided to the employee such as an
employer provided motor vehicle;
(h) contain
details of any performance pay arrangements and performance measurement
indicators;
(i) contain the
salary for the purposes of accident make up pay (if applicable); and
(j) contain the
award band and level for the role.
(iv) An annual salary agreement may be
terminated:
(a) by the
employer or the employee giving four weeks’ notice of termination, in writing, to
the other party and the agreement ceasing to operate at the end of the notice
period; or
(b) at any time,
by written agreement between the employer and the employee.
(v) On termination
of an annual salary agreement, the employee will revert to the Award
entitlements unless a new annual salary agreement is reached.
(vi) Notwithstanding
the above, annualised salary arrangements entered into prior to 1 July 2014 may
continue to operate in accordance with their terms.
13. Salary
Sacrifice
(i) The employer
and an employee may agree to enter into a salary sacrifice arrangement, which
allows an employee to receive a part of their pre tax salary as a benefit
rather than salary. Such agreement shall not unreasonably be withheld.
(ii) Benefits that
may be salary sacrificed include, but shall not be limited to, child care
facilities operated by the employer on its premises; and additional
superannuation and motor vehicles supplied by the employer under lease back
arrangements where the amount to be salary sacrificed for leaseback of the
employer’s motor vehicle is that part of the lease back fee that exceeds the
employer’s fringe benefit tax liability.
(iii) The value of
the benefits shall be agreed between the employer and employee and shall
include fringe benefits tax where applicable.
(iv) (a) The salary sacrifice arrangement,
including the benefits to be salary sacrificed and their value including fringe
benefit(s) tax, shall be in writing and signed by both the employer and the
employee.
(b) The employee
may request in writing to change the benefits to be salary sacrificed once each
year and the employer shall not unreasonably refuse the request.
(v) The employee’s
gross pay is their pre tax ordinary pay less the values of the salary sacrifice
benefit including fringe benefit(s) tax.
(vi) The value of a
salary sacrifice benefit and applicable fringe benefit tax, shall be treated as
an approved benefit for superannuation purposes and shall not reduce the
employee’s salary for employer contributions.
(vii) The value of
salary sacrifice benefits and applicable fringe benefits tax shall be ordinary
pay for calculating overtime and termination payments.
(viii) The employee
is responsible for seeking appropriate financial advice when entering into any
arrangement under this clause.
(ix)
(a) The employer
will ensure that the salary sacrifice arrangement complies with taxation and
other relevant laws.
(b) The employer
has the right to vary and/or withdraw from offering salary sacrifice to employees
with appropriate notice if there is any alteration to relevant legislation that
is detrimental to salary sacrifice arrangements.
(x) A salary
sacrifice arrangement shall cease on the day of termination of employment.
(xi) A salary
sacrifice arrangement shall be suspended during periods of leave without pay.
(xii) The employer
may maintain and/or enter into other salary sacrifice arrangements with
employees.
14. Superannuation
Fund Contributions
Subject to the provisions of the Industrial Relations
Act 1996 (NSW), the employer shall make superannuation contributions to the
Local Government Superannuation Scheme and not to any other superannuation
fund.
15. Allowances,
Additional Payments and Expenses
(i) Level
1 Adverse Working Conditions Allowance
(a) A level 1
adverse working conditions allowance in addition to the weekly rate of pay
shall be payable to designated employees to compensate for the special
disabilities associated with working outdoors and/or for moderately obnoxious,
offensive or dirty working conditions.
(b) The level 1
adverse working conditions allowance shall be paid at the rate set out in Table
2 of Part B of this Award and shall be paid for all purposes of the Award but
shall not attract any penalty.
(c) All employees in
Levels 2, 3 and 4 of the Operational Band 1 and employees engaged in the
gardening, building, metal and mechanical trades of the
Administrative/Technical/Trades Band 2 shall be paid the level 1 adverse
working conditions allowance for all hours worked, excepting staff engaged in
the following functions:
Administration
Civic Centre, Recreation and Theatre
Community Services
Finance
Garbage, Sanitary and Sullage
Managing Saleyards
Noxious Plant Inspection
Ordinance Control
Public Relations
Supervising in Band 2
Technical Services
Works Supervisor
(d)
(1) Designated
employees in Operational Band 1 and Administrative / Technical / Trades Band 2
who do not qualify for the allowances at subclauses 15(i)(c) and 15(ii)(a)
shall be paid the level 1 adverse working conditions allowance for the actual
time worked by direction performing the following work, with a minimum payment
of one (1) hour per day on which the work is performed:
Childcare employees - whilst changing nappies
Employees whose duties involve animal destruction -
whilst destroying companion animals and/or manual handling the remains or
faeces of such companion animals. For the purpose of this subclause, companion
animals means cats and dogs.
(2) The employer
may make an average payment equivalent to an agreed number of hours per week
where the employee is regularly required to perform such work.
(ii) Level
2 Adverse Working Conditions Allowance
(a) All employees
classified in the Operational Band 1, of this Award (except for supervisors),
who are employed in garbage, sanitary and sullage collection work or engaged at
garbage tips, in street sweeping and in cleaning offensive materials from
gutters or storm water drains, shall in addition to their weekly rate of pay,
be paid a level 2 adverse working conditions allowance at the rate set out in
Table 2 of Part B of this Award. This allowance shall be paid for all purposes
of the Award but shall not attract any penalty.
(b) The level 2
adverse working conditions allowance is to compensate for the special
disabilities associated with the hours worked and the offensive, filthy and
obnoxious nature of duties performed by employees engaged in this work.
(iii) Sewer
Chokes
The sewer choke allowance is to compensate for the
highly obnoxious working conditions associated with the clearing of blockages
in live sewers, which typically includes:
(a) the clearing
of blockages in sewer mains (of any diameter) carrying raw or partially treated
sewerage to sewerage treatment plants, often in circumstances where direct
contact with the raw sewerage is unavoidable; and
(b) the clearing
of blockages in other parts of the sewerage system where disassembly is
required and direct contact with raw sewerage is unavoidable.
Employees clearing sewer chokages and/or other parts of
the sewerage system as provided above shall be paid at the rate set out in
Table 2 of Part B of this Award whilst so engaged.
For the purposes of this subclause, a live sewer shall
mean part of a sewerage system that transports raw or partially treated
sewerage from a building to a septic tank or sewerage treatment works,
typically at or below ground surface level.
For the purposes of this subclause, a sewer choke shall
mean a partial or total blockage that may result in a spill to the external
environment from the sewer system.
The sewer choke allowance shall not be paid in addition
to the septic tanks allowance at subclause 15(iv) or sewerage treatment works
allowance at subclause 15(v) of this Award.
(iv) Septic
Tanks
Employees shall be paid treble rates in addition to
their normal rates for all time occupied on work in connection with the
cleaning of septic tanks, and/or septic closets and/or chemical closets by other
than mechanical means. Payments made in accordance with this subclause shall be
in substitution of overtime rates and any other penalty.
(v) Sewerage
Treatment Works
Employees required during their ordinary hours of work
to enter and clean or enter and maintain digestion tanks at sewerage treatment
works, aeration ponds or wet wells at sewer pump stations, where direct contact
with raw sewerage is unavoidable, shall be paid at the rate of double ordinary
rates for all time worked. Payments made in accordance with this subclause
shall be in substitution of overtime rates and any other penalty.
(vi) Employee
Providing Tools
(a) Where the
employee and the employer agree that the employee shall supply their own tools,
a tool allowance shall be paid as follows: -
|
Per
Week $
|
Bricklayer
|
Table 2 of Part B
|
Carpenter and Plumber
|
Table 2 of Part B
|
Metals and Mechanical Trades
|
Table 2 of Part B
|
Painter and Signwriter
|
Table 2 of Part B
|
Plasterer
|
Table 2 of Part B
|
(b) Complete Tool
Kits - allowances paid to employees in accordance with this clause shall be
deemed to apply in respect of a full range of tools ordinarily used in carrying
out the trade, occupation, duties and functions.
(c) Special
Purpose Tools - allowances prescribed by this clause shall not cover tools
required for special uses or purposes outside of the ordinary trade functions
of the employee's classification.
(d) Compensation
of Tools - The employer shall reimburse the employee to a maximum per annum as
set out in Table 2 of Part B for loss of tools by breaking and entering whilst
securely stored at the employer’s premises or on the job site or if the tools
are lost or stolen while being transported by the employee at the employer’s
direction, or if the tools are stolen during an employee's absence after
leaving the job because of injury or illness. Provided that an employee
transporting their own tools shall take all reasonable care to protect those
tools and prevent theft or loss.
(e) Provided for the
purposes of this clause: -
(1) Only tools used
by the employee in the course of their employment shall be covered by this
clause;
(2) The employee
shall, if requested to do so, furnish the employer with a list of tools so
used;
(3) Reimbursement shall
be at the current replacement value of new tools of the same or comparable
quality;
(4) The employee
shall report any theft to the police prior to making a claim on the employer
for replacement of stolen tools.
(vii) Telephone
Where an employee and the employer agree that a
telephone installed at the employee's residence can be used as a means of
communication to such employee the employer shall reimburse the employee the
annual rental of such telephone and for the actual charge made for all outward
calls made on the employer’s behalf.
(viii) Expenses
All reasonable expenses, including out-of-pocket,
accommodation and travelling expenses, incurred in connection with the
employee's duties shall be paid by the employer and, where practicable shall be
included in the next pay period. The method and mode of travelling or the
vehicle to be supplied or to be used shall be arranged mutually between the
employer and the employee. Travelling arrangements shall be agreed between the
employer and the employee.
(ix) Certificates,
Licences and other Approvals
(a) Where an
employee in Operational Band 1 or Administrative/Technical Trades Band 2 of the
Award is required by the employer to hold a WorkCover NSW approved certificate
or licence the employer shall reimburse the employee for the cost of such
certificate or licence.
(b) Where an
employee in Operational Band 1 or Administrative/Technical Trades Band 2 of the
Award is required by the employer to hold a drivers licence other than a Class
C (car) or Class R (rider) licence, the employer shall reimburse the employee
the difference between the cost of the licence and the cost of a Class C (car)
drivers licence.
(c) Where an
employee engaged in child-related work is required by the employer to undertake
a Working with Children Check as provided by the Child Protection (Working with
Children) Act 2012 (NSW), the employer shall reimburse the employee for the
cost of such Working With Children Check.
(x) Vehicle
Allowances
(a) Where, by
agreement, the employer requires an employee to use their own vehicle in or in
connection with the performance of their duties for official business, such
employee will be paid an allowance for each kilometre of authorised travel as
follows: -
(i) motor vehicle
under 2.5 litres (normal engine capacity) - refer to Table 2 of Part B; and
(ii) 2.5 litres
(normal engine capacity) and over - refer to Table 2 of Part B.
(b) The employer
may require an employee to record full details of all such official travel requirements
in a log book.
(c) Minimum
quarterly payment - Where the vehicle is used for official business and is
available continuously when the employee is on duty the employee shall be paid
the allowance but with a minimum payment as set out in Table 2 of Part B.
Periods of sick leave in excess of 3 weeks, annual leave in excess of 4 weeks,
long service leave, paid and unpaid parental or maternity leave shall not be
counted when calculating the minimum quarterly payment.
(d) Where the car
is used for official business on an intermittent, irregular or casual basis,
the employee shall be paid the allowance for the number of kilometres travelled
on official business as set out in paragraph (a) and shall not be entitled to
the minimum payment as set out in paragraph (c).
(e) Any agreement
to pay the allowance under this clause may only be terminated by 12 months’
notice by either party or by the employee's termination of employment.
(xi) Travelling
Allowance
(a) This subclause
shall apply to employees who are required to start and/or finish work at a
location away from the employer’s depot, workshop or other agreed normal place
of work, and travel to and/or from such location in their own time.
(b) For the
purposes of this subclause "normal place of work" shall mean:
(1) the employer’s
workshop or depot;
(2) an office or
building of the employer to which the employee is usually assigned;
(3) any other
agreed starting and/or finishing point.
(c) Unless
otherwise provided, each employee will be assigned to one normal place of work
only.
(d) An employee
may be assigned to more than one normal place of work by agreement.
(e) An employee
may be transferred to a different normal place of work at any time by agreement
or by the giving of reasonable notice provided that the relocation is
reasonable in the circumstances and does not unreasonably disadvantage the
employee. In the event of a dispute Clause 35, Grievance and Dispute
Procedures, shall apply.
(f) Where an
employee is required to commence and/or finish work at a location away from the
employee's normal place of work and the distance travelled is greater than the
distance usually travelled by the employee between their place of residence and
normal place of work, the employee shall be paid a travelling allowance for
each journey of excess travel, according to the following scale, provided that
reasonable transport is available:
Excess Distance
Travelled
|
Entitlement
|
Less than 3kms
|
Nil
|
3km but not more than 10km
|
Table 2 of Part B
|
More than 10km but not more than 20km
|
Table 2 of Part B
|
More than 20km but not more than 33km
|
Table 2 of Part B
|
More than 33km but not more than 50km
|
Table 2 of Part B
|
Plus (See Table 2 of Part B) for each additional 10km in
excess of 50kms.
|
Table 2 of Part B
|
Note: On and from 1 July 2014, an employee may be
entitled to two travelling allowances on the one day.
(g) For the
purpose of this subclause a residence shall not be reckoned as such unless it
is situated within the council area. Where the employee resides outside the
council area the travelling allowance is payable from the council boundary of
the employer by which they are employed.
(h) For the
purpose of this subclause distance shall mean the nearest trafficable route to
work.
(i) Where
transport is provided by the employer the conveyance shall have suitable
seating accommodation and a cover to protect the employees from the weather.
Explosives shall not be carried on vehicles which are used for the conveyance
of employees.
(j) Where the
employer requires an employee to use their own vehicle to transport other
employee(s) or materials to and/or from a worksite located away from the
employee's normal place of work, a vehicle allowance for the use and
depreciation of the vehicle shall be paid as follows:
|
Kilometres
travelled transporting other
|
|
employee(s) or
materials
|
|
Cents per kilometre
|
Under 2.5 litres (nominal engine capacity)
|
Table 2 of Part B
|
2.5 litres (nominal engine capacity) and over
|
Table 2 of Part B
|
Such vehicle allowance shall be paid in addition to
travelling allowances provided by this subclause.
For the purposes of this subclause, materials shall not
include incidental items (including but not limited to keys, mobile phones, lap-top
computers and personal protective clothing).
Where the employer provides transport but the employee
elects to make their own travel arrangements, the vehicle allowances in this
subclause shall not apply.
(k) This subclause
does not apply to employees who travel where management and employees agree on
a flat rate per week to be paid for travelling. In the event of a dispute, the
Grievance and Disputes Procedure in Clause 35 of this Award shall be applied.
(l) This
subclause does not apply to travelling involved in after hours on-call work or
to employees recalled to work overtime.
(m) Unless otherwise
agreed, an employee shall not be entitled to travel related allowances except
those provided for in this subclause. Nothing in this subclause shall be
construed so as to require the reduction or alteration of more advantageous
benefits or conditions under any existing travel arrangements.
(xii) Camping
Allowance
(a) Employees who
are required by the employer to camp out or where no reasonable transport
facilities are available to allow them to proceed to and from their homes each
day shall be paid a camping allowance at a rate set out in Table 2 of Part B
for each night the employee camps out.
(b) The employer
shall pay the camping allowance in advance if requested, where the employer
requires the employee to camp out for all of the rostered working days in a
week. The employer shall be reimbursed the camping allowance that has been paid
in advance excepting where the camp has been shortened or cancelled for reasons
beyond the employee’s control.
(c) When employees
are required to camp, all travelling between their respective depots and camp
site at the beginning and/or completion of the camp be undertaken during normal
working hours. If the employees are required to travel outside normal working
hours they shall be paid the appropriate travelling allowance in accordance
with subclause (xi) of this clause.
(d) All time
occupied in setting up or in shifting camps during the ordinary working hours
shall be paid for at ordinary rates. Should employees be required to shift camp
at times other than during their ordinary hours of work they shall be paid time
and a half rates for the time occupied.
(e)
(1) The employer
shall provide transport for employees, who are required to camp out from the
employer depot at the commencement of each working week and to return to such
depot at the finish of each working week or when the employees are camped for a
period less than one week at the commencement and finish of the period in which
the employees are required to camp out.
(2) Notwithstanding
(1) above, transport may be mutually arranged between the employer and the
employee(s) and shall remain at all times with those employee(s) required to
camp.
(f) The employer
shall provide free transport once each week to enable commodities for use in
camp to be obtained by the employees from the nearest suitable location. For
the purpose of this subclause, the camping allowance prescribed in paragraph
(a) shall be payable to the employees so concerned.
(g) No employee
shall be required to camp without at least 24 hours' notice unless such
employee agrees to do so.
(h) Where
reasonably practicable to do so the employer shall arrange for perishable foods
to be purchased on the morning prior to the time of departure on that day.
(i) Minimum
standards of caravan accommodation to be provided to employees required to camp
out are contained in Schedule 1 to this Award.
(xiii) Community
Language, Signing and First Aid Work
(a) Community
Language and Signing Work
(1) Employees using
a community language skill as an adjunct to their normal duties to provide
services to speakers of a language other than English, or to provide signing
services to those with hearing difficulties, shall be paid an allowance in
addition to the weekly rate of pay as set out in Table 2 of Part B. The
allowance may be paid on a regular or irregular basis, according to when the
skills are used.
(2) Such work involves
an employee acting as a first point of contact for non-English speaking
residents or residents with hearing difficulty. The employee identifies the
resident's area of inquiry and provides basic assistance, which may include
face-to-face discussion and/or telephone inquiry.
(3) Such employees
convey straightforward information relating to services provided by the
employer, to the best of their ability. They do not replace or substitute for
the role of a professional interpreter or translator.
(4) Such employees
shall record their use of a community language according to the employer’s
established policy.
(b) First
Aid Work
Where an employee is required by the employer to be in
charge of a first aid kit and/or to administer first aid and the use of such
adjunct skills are not paid for in accordance with the salary system
established by the employer, the employee shall be paid an allowance in
addition to the weekly rate, as set out in Table 2 of Part B.
(c) Additional
Skills Criteria
(1) Where an employee
is required by the employer to use community language or first aid skills in
the performance of their duties:
The employer shall provide the employee with the
opportunity to obtain accreditation from a language aide or first aid
accreditation agency
The employee shall be prepared to be identified as
possessing the additional skill(s)
The employee shall be available to use the additional
skill(s) as required by the employer.
(2) Such training shall
form part of the employer’s training plan and budget, in accordance with the
requirements of Clause 31 of this Award.
(d) Savings
These provisions identify minimum criteria only, and
shall not be construed so as to require the reduction or alteration of more
advantageous benefits or conditions under any arrangement existing at the date
the award was varied to give effect to this clause. They shall not however be
cumulative upon such existing payments.
(xiv) Meal
Allowance
(a) A meal
allowance set out in Table 2 of Part B shall be paid to employees instructed to
work overtime:
(i) for two hours
or more prior to their agreed commencing time, or
(ii) for two hours
immediately after their agreed finishing time and after subsequent periods of
four hours, or
(iii) after each
four hours on days other than ordinary working days
provided that a meal allowance is not payable where, by
agreement, a meal is provided by the employer.
(xv) Civil
Liability - Engineering Professionals
(a) Subject to this clause, engineering
professionals directly involved in the application of engineering principles to
the asset management of the employer’s assets that give rise to liability under
the Civil Liability Act 2002 (NSW) shall be paid a 3.5% allowance in
addition to the weekly salary system rate of pay.
(b) This allowance was introduced to ensure
that engineering professionals whose work value had changed in response to the
Civil Liability Act 2002 (NSW) are paid for that change in work value. This allowance applies to functional
management positions as well as engineering professionals working in asset
management at the operational level.
(c) This allowance is not payable where such
responsibilities and the exercise of such skills have been specifically and demonstrably
paid for in accordance with the salary system established by the employer.
(d) Direct involvement in the application of
engineering principles to the management of the employer’s assets includes:
the
planning for;
designing;
maintenance;
replacing;
rehabilitation;
or
disposing
of the
employer’s assets which may give rise to liability under the Civil
Liability Act 2002 (NSW).
(e) To qualify for the payment of this
allowance the position in question must be evaluated in accordance with the
skill descriptors for Professional/Specialist Band 3 or Executive Band 4
of the Award.
(f) The parties to the Award acknowledge
that implementation of this allowance has been guided by the Joint Statement on
the Implementation of the Civil Liability Allowance issued by the parties in
October 2007. The parties remain committed to this document as a guide for the
application of the allowance.
(g) From 1 January 2015, claims for the
payment of the civil liability allowance under this clause shall be made within
30 days of the work being performed, and any claims for back-payment of the
civil liability allowance shall be limited to the date on which the employee
made the claim. This subclause does not
apply where it can be demonstrated that the employer incorrectly made
representations to an employee that the civil liability allowance had already
been paid for in accordance with their rate of pay and/or the salary system
established by the employer.
(h) This clause shall not be
construed so as to require the reduction or alteration of more advantageous
benefits or conditions under any arrangements existing at the date the Award
was varied to give effect to this clause.
(xvi) Accreditation of
employees as Chartered Professional Engineers
(a) Where an engineering
employee is required by the employer to be accredited as a Chartered
Professional Engineer the employer shall:
(1) pay the
reasonable costs associated with obtaining and/or maintaining such
accreditation, including the cost of accreditation fees and compulsory
continued professional development training/course fees, and
(2) grant leave,
without loss of pay, to attend course requirements in accordance with subclause
(iv) of Clause 31, Training and Development, of this Award.
(b) Subclause (a) shall
continue to be observed while the employee is on paid leave and/or unpaid
parental leave.
(c) The employer
may grant an engineering employee undertaking a course to obtain accreditation
as a Chartered Professional Engineer, although not at the employer’s request,
assistance in accordance with subclause (v) of Clause 31 of this Award.
(xvii) Accreditation of
employees by the Building Professionals Board
(a) Where an
employee is required by the employer to be accredited by the Building
Professionals Board under the Building Professionals Act 2005 (NSW) the
employer shall:
(1) pay the
reasonable costs associated with obtaining and/or maintaining such
accreditation, including the cost of accreditation fees and compulsory
continued professional development training/course fees, and
(2) grant paid
leave to attend course requirements in accordance with subclause (iv) of Clause
31, Training and Development, of this Award.
(b) Subclause (a)
shall continue to be observed while the employee is on paid leave and/or unpaid
parental leave.
16. Motor
Vehicle Leaseback
A. General
The parties to this Award recognise that leaseback
vehicles may be provided to employees as a condition of employment (e.g. as an
incentive for accepting employment) or as a discretionary benefit that is not a
condition of employment.
A leaseback vehicle will be considered to be a
condition of employment for an employee unless it was clearly identified that
it was not being provided on such a basis at the time that it was provided.
Factors to consider when determining whether a
leaseback vehicle is a condition of an employee’s employment include:
Whether the vehicle was offered as an incentive to
attract and/or retain the employee; and
The period that the employee has had access to a
leaseback vehicle.
B. Termination of
Leaseback Vehicle Arrangement
(i) Condition of
employment - Unless otherwise provided in this clause, where the employer and
an employee enter into a leaseback vehicle arrangement and the employee is
entitled to a leaseback vehicle as a condition of employment, the arrangement
may only be terminated by agreement.
(ii) Not a
condition of employment - Unless otherwise provided, where the employer and an
employee enter into a leaseback vehicle arrangement and the employee is not
entitled to a leaseback vehicle as a condition of employment, the employer
shall give a minimum of six (6) months written notice of termination of the
arrangement.
Notwithstanding the above, where the leaseback vehicle
agreement was entered into prior to 1 November 2010, the employer shall give a
minimum of 12 months’ notice to terminate the agreement.
(iii) Other - The
employer may terminate or suspend access to a leaseback vehicle arrangement immediately
on termination of employment, loss of licence, serious breach of the leaseback
vehicle agreement or if the employee accepts a new position with the employer
that does not include access to a leaseback vehicle. The employer may also terminate or suspend a
leaseback vehicle arrangement where an employee is demoted, for the period of
demotion, provided that at least two weeks’ notice is given.
C. VARIATION OF
LEASEBACK VEHICLE ARRANGEMENTS
(iv) Variations to
leaseback arrangements - Proposals to vary leaseback vehicle arrangements,
including the formula for calculating the leaseback vehicle fees shall be
referred to the consultative committee in accordance with clause 32 of this
Award, before a definite decision is made.
(v) Variations to
leaseback fees - The employer shall not increase the leaseback vehicle fee an
employee is required to pay in any twelve (12) month period by more than ten
(10) percent or the percentage movement in the index figure published by the
Australian Bureau of Statistics for Eight Capitals, private motoring sub-group
(Cat No 6401.0), whichever is the greater.
This subclause shall not apply where the leaseback vehicle fee is
adjusted to reflect changes in the type of vehicle being used (including
changes in vehicle options, the class, model or make of vehicle).
(vi) Variations in
hours of work and/or extended periods of absence - Where an employee’s hours of
work change significantly or the employee is absent on approved leave for an
extended period, the employer and the employee shall discuss whether the
employee will be allowed to retain possession of the vehicle and/or whether the
leaseback vehicle fee is to be adjusted.
In the event that the leaseback vehicle fee is to be adjusted, subclause
(v) above shall not apply. In the
absence of agreement, clause 35, Grievance and Disputes Procedures, shall
apply.
17. Residence
Where an employee is supplied by the employer with a
residence, it shall be of a reasonable standard. The rental value of such
residence shall be agreed upon between the employer and the employee. The
rental value as agreed may be deducted from the pay of the employee.
18. Hours
of Work
A. Ordinary
Hours
(i) Except as
otherwise provided, the ordinary hours of work shall be 38 hours per week arranged
on one of the following bases:
38 hours within one week provided that at least two
days off shall be granted; or
76 hours within two weeks provided that at least four
days off shall be granted; or
114 hours within three weeks provided that at least six
days off shall be granted; or
152 hours within four weeks provided that at least
eight days off shall be granted.
(ii) The ordinary
hours of work for employees engaged in the following functions shall be 35
hours per week:
Administration;
Building Surveying;
Community Services (Professional/Specialist Band 3);
Engineering (Professional and Trainees);
Executive Band;
Finance;
Health Surveying;
Library;
Public Relations;
Technical Services; and
Town Planning.
The ordinary hours for employees working 35 hours per
week shall be arranged on one of the following bases:
35 hours within one week provided that at least two
days off shall be granted; or
70 hours within two weeks provided that at least four
days off shall be granted; or
105 hours within three weeks provided that at least six
days off shall be granted; or
140 hours within four weeks provided that at least
eight days off shall be granted.
(iii) Except as
otherwise provided, the ordinary hours for all employees shall be between
Monday and Sunday.
(iv) Where the
employer seeks to alter the spread of ordinary hours for a new or vacant
position from Monday to Friday to Monday to Sunday for any of the following
functions:
Crematoriums and Cemeteries;
Road Constructions and Maintenance;
Sale Yards;
Stores and Depots; and
Trade functions
(a) the employer
shall refer the proposal to alter the spread of ordinary hours to the
consultative committee prior to advertising the new or vacant position(s);
(b) If the employer
is satisfied that there are suitably qualified employees employed by the
employer that can be redeployed to the new or vacant position(s) the employer
shall call for expressions of interest from those employees for redeployment
into the new or vacant position(s); and
(c) employees
employed prior to 1 July 2014 whose ordinary hours of work are from Monday to
Friday shall not be compelled to agree to work ordinary hours of work on
Saturdays and/or Sundays.
(v) The ordinary
hours for employees engaged in the following functions shall be between Monday
and Friday:
(a) Building
Surveyors;
Engineering (Professional and Trainees);
Finance;
Health Surveyors; and
Town Planning.
(b) The ordinary
hours for employees engaged in general administration shall be between Monday
and Friday except where such administrative duties are associated with work in
functions where a different spread of hours is applicable.
(vi) An employee’s
commencement and/or finishing times may be altered by agreement or by the
employer with the provision of reasonable notice where there are genuine
operational or safety reasons supporting the variation. For the purpose of this sub-clause,
reasonable notice shall be determined having regard to:
the employee’s personal circumstances including any
family and carer responsibilities; and
the needs of the workplace, including any genuine
operational or safety reasons.
Unless otherwise agreed, at least two weeks prior to the
proposed alteration the employer shall provide the employee with the reasons
for the proposed alteration to commencement and/or finishing times in
writing. At least one week prior to the
proposed alteration the employee shall provide reasons in writing if they do
not agree with the proposed alteration, provided that an employee shall not
unreasonably withhold agreement. In the
event of a dispute, Clause 35, Grievance and Disputes Procedures, shall apply.
This subclause only applies in relation to changes to
commencement and/or finishing times and does not apply to changes in the days
that an employee is required to work.
(vii) An unpaid meal
break of a minimum of 30 minutes shall be given and taken within the first five
hours of continuous work. Thereafter, a
paid meal break not exceeding 20 minutes shall be given and taken after a
further five hours continuous work. In
the case of unforeseen circumstances, the meal break may be delayed and shall
be taken as soon as practicable, subject to the observance of appropriate
occupational health and safety standards.
(viii) Ordinary hours
of work shall not exceed twelve (12) hours in any one-day exclusive of unpaid
meal breaks.
B. Saturday
and Sunday Work
(i) Except as otherwise provided, ordinary hours worked on a
Saturday shall attract a 25% penalty in addition to the ordinary hourly rate of
pay and ordinary hours worked on a Sunday shall attract a 50% penalty in
addition to the ordinary hourly rate of pay.
(ii) The ordinary
hours worked by employees engaged in the following functions shall attract a
50% penalty in addition to the ordinary hourly rate of pay for work on a
Saturday and a 100% penalty in addition to the ordinary hourly rate of pay for
work on a Sunday:
Beach inspectors;
Cleaning;
Crematoriums and Cemeteries;
Garbage;
Mechanical Trades (Workshops);
Parks and Reserves;
Rangers and parking officers;
Road Construction and Maintenance;
Sale Yards;
Sanitary;
Sewerage;
Stores and Depots;
Sullage;
Trade functions:
Waste; and
Water
(iii) An employee
may request to work ordinary hours on a Saturday and/or a Sunday in lieu of the
ordinary hours the employee would otherwise be rostered to work.
(a) An employee’s
request must be in writing and must outline a period within which the arrangement
is to be reviewed;
(b) The employer
will not unreasonably withhold agreement to such a request;
(c) Any such
agreement shall not apply to new or vacant provisions;
(d) Where an
employee requests to work ordinary hours on a Saturday and/or a Sunday under
the provisions of this subclause, the employer shall not be required to pay the
penalty rate provided by subclauses (i) and/or (ii).
C. Shift
Work
(i) Except as
otherwise provided ordinary hours worked outside the span of 6:00am to 6:00pm Monday
to Friday shall attract a 20% shift penalty in addition to the ordinary hourly
rate of pay for the actual time worked outside the span of hours specified in
this subclause.
(ii) Employees
engaged in the following functions will be entitled to a 20% shift penalty in
addition to the ordinary hourly rate of pay for the actual time worked outside
the following times:
Aerodromes
|
5.00am to 10.00pm
|
Caretakers
|
5.00am to 10.00pm
|
Childcare
|
6.00am to 7.00pm
|
Cleaners
|
5.00am to 9.00pm
|
Entertainment, Theatres and Hospitality
|
6.00am to 11.00pm
|
Libraries
|
8.00am to 9.00pm
|
Leisure Centres
|
5.00am to 11.00pm
|
Parking Station Attendants
|
6.00am to 10.00pm
|
Pools
|
5.00am to 11.00pm
|
Rangers and parking officers
|
5.00am to 10.00pm
|
Security/watchpersons
|
5.00am to 10.00pm
|
(iii) Shift
penalties shall be payable for ordinary work performed between Monday and
Friday and shall not be paid on weekends.
(iv) With the exception
of staff engaged in the function of street sweeping, employees in receipt of
the Level 2 Adverse Working Conditions allowance provided under clause 15(ii)
of this Award shall not also receive shift penalties for work performed outside
the hours of 6:00am to 6:00pm Monday to Friday as provided by subclause (i).
(v) An employee
may request to work ordinary hours outside the span of 6:00am and 6:00pm or any
of the other spans detailed in clause 18C(ii), in lieu of the ordinary hours
the employee would otherwise be rostered to work.
(a) An employee’s
request must be in writing and must outline a period within which the
arrangement is to be reviewed;
(b) The employer
will not unreasonably withhold agreement to such a request;
(c) Any such
agreement shall not apply to new or vacant positions;
(d) Where an
employee requests to work ordinary hours outside the relevant span of hours the
employer shall not be required to pay a shift penalty for the actual time
worked.
D. Facilitative
Provisions
The employer and the Union may agree on hours of work,
weekend penalties and shift penalties other than those prescribed in this
clause.
19. Overtime
A. General
(i) Except where
otherwise provided all time worked by direction before the agreed commencement
of ordinary hours, or later than the agreed completion of ordinary hours, shall
be paid for at the rate of time and a half for the first two hours and double
time thereafter.
(ii) Overtime
worked on Saturday shall be paid for at the rate of time and a half for the
first two hours and double time thereafter, provided any overtime worked after
12 noon Saturday shall be at double time.
(iii) Overtime
worked on Sunday shall be paid for at the rate of double time.
(iv) Overtime shall
be claimed within 30 days of it being worked. The employer shall keep a record
of such overtime. Accrued time in lieu of overtime shall not be forfeited and
shall be paid at the appropriate overtime rate on termination or at other
agreed time.
(v) An employee (other
than a casual) who:
(a) works four or
more hours overtime after the completion of an ordinary shift and does not
receive ten (10) consecutive hours off duty in the fourteen (14) hours
immediately preceding the commencement of their next ordinary shift, or
(b) works overtime
after the completion of two consecutive ordinary shifts without receiving ten
(10) consecutive hours off duty,
shall be released after the completion of such overtime
until they have had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
If an employee is instructed to resume work without
receiving the ten consecutive hours off duty, the employee shall be paid at
double ordinary rates until released from duty and then shall be entitled to a
ten hour break without loss of pay.
Remote response - This subclause shall not apply where
an employee works for less than four hours remote response on any one day.
(vi) (a) Where there is prior agreement between
the employer and the employee, an employee directed to work in excess of
ordinary hours may elect either to be paid the appropriate overtime rate or be
granted time in lieu equivalent to the actual hours worked.
(b) The employer
may direct an employee to take accrued time in lieu of overtime by the giving
of at least two (2) weeks’ notice in the following circumstances:
(1) Where the
employee has accumulated in excess of one (1) weeks’ time in lieu of overtime
or,
(2) A period of
annual close down of up to and including four (4) weeks where the employee does
not have sufficient annual leave to cover the relevant close down period. The employer shall be able to rely on this
provision prior to considering the provision of meaningful alternate duties.
(c) Time in lieu
of overtime accruals standing to an employee’s credit on termination of
employment shall be paid at the appropriate overtime rate.
(vii) Employees
classified in the Executive Band 4 of this Award may be required, in addition
to their ordinary hours, to attend meetings of council and standing and/or
special committee meetings. For the purpose of this subclause, an employee who
is required to attend meetings of the council and standing and/or special
committee meetings shall be entitled to claim overtime for actual hours worked
after 11.00 pm.
(viii)
(a) Subject to
paragraph (b), the employer may require an employee to work reasonable overtime
at overtime rates.
(b) An employee may
refuse to work overtime in circumstances where the working of such overtime would
result in the employee working hours which are unreasonable.
(c) For the
purposes of paragraph (b), what is unreasonable or otherwise will be determined
having regard to:
any risk to the employee;
the employee’s personal circumstances including any
family and carer responsibilities;
the needs of the workplace;
the notice, if any, given by the employer of the
overtime and by the employee of their intention to refuse it; and
any other matter.
B. Hours of Work
Flexibility Agreements
(i) Subject to
subclause (ii) of this clause, the employer and an individual employee in
Professional/Specialist Band 3 or Executive Band 4 may agree to an ‘Hours of
Work Flexibility Agreement’ whereby the employee is paid an allowance of at
least ten (10) percent of the employee’s weekly salary system rate of pay in
substitution for all overtime penalties under this Award.
(ii) An employee
shall be entitled to overtime in accordance with Clause 19A of this Award where
the employee is directed to work additional hours that are in excess of the
hours of work reasonably contemplated by the employer and the employee at the
time the Hours of Work Flexibility Agreement was made. The hours of work
reasonably contemplated by the employer and the employee shall be determined having
regard to the quantum of the allowance paid.
(iii) Where the
employer and an engineering professional employee who satisfies the eligibility
criteria for payment of the civil liability allowance at subclause 15(xv) of
this Award agree to an Hours of Work Flexibility Agreement, the employee shall
continue to be paid the civil liability allowance in addition to any allowance
that is payable under the Hours of Work Flexibility Agreement.
(iv) An Hours of
Work Flexibility Agreement is subject to the following conditions:
(a) The employer
and the individual employee must have genuinely made the agreement without
coercion or duress.
(b) The agreement
between the employer and the individual employee must:
(1) be in writing;
(2) name the parties
to the agreement and be signed by the employer and the individual employee;
(3) result in the
employee being better off overall in comparison to the Award at the time the
agreement is made than the employee would have been if no Hours of Work Flexibility
Agreement had been agreed to;
(4) state the date
the agreement commences to operate.
(c) The employee
shall work such reasonable hours as are necessary to carry out the duties and
functions of the position and the employee’s obligations under their contract
of employment, provided that the employee may refuse to work additional hours
in circumstances where the working of such additional hours would result in the
employee working hours which are unreasonable.
For the purposes of this subclause, what is unreasonable or otherwise
will be determined having regard to:
any risk to the employee;
the employee’s personal circumstances including any
family and carer responsibilities;
the needs of the workplace;
the notice, if any, given by the employer of the
requirement for the employee to work additional hours and by the employee of
their intention to refuse it; and
any other matter.
(d) The employer
may require the employee to attend work for the employer during core business
hours and to attend meetings of the council/employer and standing and/or
special committee meetings, provided that such requirement does not result in
the employee working hours which are unreasonable.
(e) The employer
must give the individual employee a copy of the agreement and keep the original
signed agreement as a time and wages record.
(f) An employer
seeking to enter into an agreement under this clause must provide a written
proposal to the employee. Where the employee’s understanding of written English
is limited the employer must take measures, including translation into an
appropriate language, to ensure the employee understands the proposal.
(v) An Hours of
Work Flexibility Agreement may be terminated:
(a) by
the employer or the individual employee giving 28 days’ notice of termination,
in writing, to the other party and the agreement ceasing to operate at the end
of the notice period; or
(b) at any time, by
written agreement between the employer and the individual employee.
(vi) The allowance
paid under this clause shall be paid for all purposes of the Award but shall
not attract attract any penalty.
C. On
Call
(i) For the
purposes of this Award, an employee shall be deemed to be on-call if required
by the employer to be available for duty outside of ordinary hours at all times
in order to attend emergency and/or breakdown work and/or supervise the
call-out of other employees.
(ii) Employees who
are required to be on-call are not required to remain at their usual place of
residence or other place appointed by the employer. However, an on-call
employee must be able to be contacted and be able to respond within a
reasonable time.
(iii) Employees
required to be on call on days when they would ordinarily work, or would have
ordinarily worked but for a public holiday, in accordance with Clause 18, Hours
of Work shall be paid an on call allowance at a rate set out in Table 2 of Part
B of this Award for each such day the employee is required to be on call.
(iv) Employees
required to be on call on days other than their ordinary working days shall be
paid an on call allowance at a rate set out in Table 2 of Part B of this award
for each such day the employee is required to be on call.
(v) Provided that
the on call allowances in subclauses (iii) and (iv) of this clause shall not
total more than the rate set out in Table 2 of Part B of this award for any one
week.
(vi) Employees on
call who are required to work outside their ordinary hours shall be entitled to
be paid overtime at the appropriate rate for hours worked and such rate shall
be paid from the time that the employee departs for work. On call employees are not subject to the
minimum payment provisions on a public holiday.
(vii) Unless
otherwise provided, the overtime paid to an employee that is required to work
whilst on-call shall not be less than thirty (30) minutes per day on which they
are called out.
(viii) For each
public holiday an employee is required to be on-call, the employee shall be
granted one-half day’s leave to be taken at an agreed time, provided that where
there is prior agreement the employer may pay the employee an additional
one-half day’s pay in lieu of the
one-half day’s leave.
D. Call
Back
(i) For the
purposes of this Award, an employee shall be deemed to be on a call back if the
employee is recalled to work overtime without receiving notice before ceasing
work.
(ii) Any employee
who is called back to work as defined in subclause (i) shall be paid for a minimum
of four hours work at the appropriate overtime rate for each time so recalled.
Provided that any subsequent call backs occurring within a four hour period of
a call back shall not attract any additional payment. An employee working on a
call back shall be paid the appropriate overtime rate from the time that such
employee departs for work.
Except in the case of unforeseen circumstances arising,
the employee shall not be required to work the full four hours if the job that
the employee was recalled to perform is completed within a shorter period. This
subclause shall not apply in cases where the call back is continuous subject to
a reasonable meal break with the commencement of ordinary hours.
E. Remote
Response
(i) An employee
who is in receipt of an on call allowance and available to immediately:
(a) respond to
phone calls or messages;
(b) provide advice
(‘phone fixes’);
(c) arrange call
out/rosters of other employees; and
(d) remotely
monitor and/or address issues by remote telephone and/or computer access,
will be paid the applicable overtime rate for the time
actually taken in dealing with each particular matter, except where the
employee is recalled to work (Note: subclause 19C(vi) applies where an on-call
employee is recalled to work).
(ii) An employee
remotely responding will be required to maintain and provide to the employer a
time sheet of the length of time taken in dealing with each matter remotely for
each day commencing from the first remote response. The total overtime paid to an
employee for all time remotely responding in any day commencing from the first
response will be rounded up to the nearest 15 minutes.
(iii) The employer
may, by agreement, make an average payment equivalent to an agreed period of
time per week where the employee is regularly required to remotely respond as
defined in subclause (i) of this clause.
20. Holidays
A. General
(i) The days on
which holidays shall be observed are as follows: New Years' Day; Australia Day;
Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queen's Birthday;
Labour Day; Christmas Day; Boxing Day and all locally proclaimed holidays
within the council's area, and all special days proclaimed as holidays to be
observed throughout the whole of the State of NSW.
(ii) In addition
to subclause (i), 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. Eligible employees shall provide the employer
with at least seven (7) days’ notice of their intention to take the holiday in
accordance with this subclause, provided that if less than seven (7) days’
notice is given such leave shall not be unreasonably refused.
(iii) Where any of
the holidays prescribed by this Award fall on a day ordinarily worked by the
employee, the employee shall not have a reduction in ordinary pay.
(iv) Except as
otherwise provided, where an employee is required to work on a holiday as
prescribed by this award, the employee shall be paid at double time and a half
inclusive of payment for the day with a minimum payment of four hours worked.
(v) All employees
classified in the Operational Band 1 of this Award employed in garbage,
sanitary and sullage (other than the supervisor) who are required to work on
Good Friday or Christmas Day shall be paid at triple time inclusive of payment
for the day with a minimum payment of four hours work.
(vi) Where an
employee is required to work ordinary hours on a holiday as prescribed by this
Award, the employer and the employee may agree that the employee be paid time
and a half for the hours worked on a holiday and in addition, be granted
equivalent time off in lieu to be paid at ordinary time for each holiday
worked. Such leave shall be taken at a mutually convenient time.
B. Union
Picnic Day
(i) Union Picnic
Day shall for the purposes of this Award be regarded as a holiday for employees
who are financial members of the union(s). The Union Picnic Day shall be on
such day as is agreed between the employer and the union(s).
(ii) The union(s)
shall advise the employer of financial members as at the time of the Union
Picnic Day. Such advice must be given at least two weeks prior to the Union
Picnic Day.
(iii) Employees who
are not financial members of the union(s) and who are required to work on Union
Picnic Day, shall be paid ordinary pay for their normal working day.
(iv) Employees who
are not financial members of the union(s) and who are not required to work on
Union Picnic Day, may apply to the employer to take annual leave, long service
leave, time off in lieu of overtime, leave without pay, such other leave as may
be approved by the employer, or may be required by the employer to make up
time.
21. Leave
Provisions
A. Sick
Leave
(i) Employees who
are unable due to sickness to attend for duty shall be entitled during each
year of service to sick leave of 3 weeks at the ordinary rate of pay subject to
the following conditions:
(a) the employer
shall be satisfied that the sickness is such that it justifies the time off;
and
(b) the employer
shall be satisfied that the illness or injury does not arise from engaging in
other employment; and
(c) proof of
illness to justify payment shall be required after 3 separate periods of absence
in each service year or where an absence exceeds 2 working days; and
(d) when requested,
proof of illness shall indicate the employee's inability to undertake their
normal duties; and
(e) where a person
is employed on a fixed-term or temporary basis of less than twelve (12) months
duration the employee shall be entitled to one (1) weeks sick leave on
commencement. The employee shall be
entitled to a further one (1) weeks sick leave after each four (4) months of
continuous service.
(ii) Proof of illness
may include certification from a qualified medical/health practitioner,
registered with the appropriate government authority.
(iii) The employer
may require employees to attend a qualified medical/health practitioner
nominated by the employer at the employer's cost.
(iv) Sick leave
shall accumulate from year to year so that any balance of leave not taken in
any one year may be taken in a subsequent year or years.
(v) The employer
may, at its discretion, grant an employee sick leave at half pay if satisfied
that extenuating circumstances exist.
Where a public holiday falls during a period of sick leave at half pay,
the public holiday shall also be paid at half pay. Further, all entitlements shall accrue during
periods of sick leave at half pay on a proportionate basis.
(vi) Accumulated
sick leave shall be transferable on change of employment from employer to
employer within New South Wales up to 13 weeks, provided that an employee shall
only be entitled to transfer sick leave accumulated since the employee's last
anniversary date on a pro-rata basis. Such accumulated sick leave shall only be
transferable if the period of cessation of service with the employer and
appointment to the service of another employer does not exceed three months.
The sick leave entitlement transferred shall not exceed the maximum amount
transferable as prescribed by the appropriate award at the time of transfer.
(vii) Where an
employee has had five (5) years' service with the present employer and the sick
leave entitlement as prescribed has been exhausted, that employer may grant
such additional sick leave as, in its opinion, the circumstances may warrant.
(viii) Section 50 of
the Workers Compensation Act 1987 (NSW) dealing with the relationship between
sick leave and workers compensation applies.
(ix) Where an
employee had an entitlement under awards rescinded and replaced by this Award
for the payment of unused sick leave arising out of the termination of
employment due to ill-health or death and where such entitlement existed as at
15 February 1993 the following provisions shall apply
(a) In the event of
the termination of service of an employee on account of ill health and the
employer is satisfied that such ill-health renders the employee unable in the
future to perform the duties of such appointed classification, the termination
shall not be effected earlier than the date on which the employee's credit of
leave at full pay shall be exhausted unless the employee is paid any accrued
sick leave at full pay to which such employee would be entitled under this
clause.
(b) When the
service of an employee is terminated by death, the employer shall pay to the
employee's estate, the monetary equivalent of any untaken sick leave standing
to the employee's credit at the time of death.
(c) Payment under
this clause is limited to sick leave calculated to retirement age in accordance
with relevant legislation and shall not be payable if the injury or illness arises
out of or in the course of employment such that it is compensable under the
Workers Compensation Act 1987 (NSW).
(d) For the
purposes of this subclause such entitlement to payment of untaken sick leave
shall be paid be in accordance with clause 14 of Schedule 4 of the Industrial
Relations Act 1996 (NSW).
B. Carer's
Leave
(i) Use of Sick
Leave: An employee, other than a casual employee, with responsibilities in
relation to a class of person set out in subclause (v)(b) below who needs the
employee's care and support shall be entitled to use, in accordance with this
subclause, any current or accrued sick leave entitlement, provided for at
Clause 21A, Sick Leave of this Award, for absences to provide care and support
for such persons when they are ill, or who require care due to an unexpected
emergency. Such leave may be taken for part of a single day.
(ii)
(a) Carer’s leave
is not intended to be used for long term, ongoing care. In such cases, the
employee is obligated to investigate appropriate care arrangements where these
are reasonably available.
(b) Where more than
two weeks sick leave in any year of service is to be used for caring purposes
the employer and employee shall discuss appropriate arrangements which, as far
as practicable, take account of the employer’s and employee’s requirements.
(c) Where the
parties are unable to reach agreement the grievance and disputes procedures at
Clause 35 of this Award should be followed.
(iii) In normal
circumstances, an employee must not take carer's leave under this clause where
another person has taken leave to care for the same person.
(iv) The employer
may require the employee to provide proof of the need for carer’s leave as
follows:
(a) Less than two
weeks - Where less than two weeks sick leave in any year of service is sought
to be used for caring purposes the employer may require the employee to
establish either by production of a medical certificate or statutory
declaration, the illness of the person concerned and that the illness is such as
to require care by another person; or
(b) More than two
weeks - Where more than two weeks sick leave in any year of service is sought
to be used for caring purposes the employer may require the employee to produce
a medical certificate from a qualified medical/health practitioner showing the
nature of illness of the person concerned and such other information as may be
reasonably necessary to demonstrate that the illness is such as to require care
by the employee and that no other appropriate care arrangements are reasonably
available, or
(c) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
(v) The
entitlement to use sick leave in accordance with this subclause is subject to:
(a) the employee
being responsible for the care of the person concerned; and
(b) the person
concerned being:
(1) a spouse of
the employee; or
(2) a defacto 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
(3) a child or an
adult child (including an adopted child, a step child, foster child or an ex
nuptial child), parent (including a foster parent, step parent and legal
guardian), parents of spouse, grandparent, grandchild or sibling (including
half, foster and step sibling) of the employee or spouse or de facto spouse of
the employee; or
(4) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(5) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(a) 'relative'
means a person related by blood, marriage or affinity;
(b) 'affinity'
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(c) 'household'
means a family group living in the same domestic dwelling.
(vi) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a class of person set out in subclause
(v)(b) above who is ill or who requires care due to an unexpected emergency.
(vii) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship 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 employer by
telephone of such absence at the first opportunity on the day of absence.
(viii) Carer’s
Entitlement for Casual Employees
(a) Subject to the
evidentiary and notice requirements in subclauses (iv) and (vii) casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a person prescribed in subclause (v)(b) of this clause
who are sick and require care and support, or who require care due to an
unexpected emergency, or the birth of a child.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) The employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of the employer to engage
or not to engage a casual employee are otherwise not affected.
(ix) Time off in
Lieu of Payment for Overtime: An employee may, with the consent of the
employer, elect to take time in lieu of payment of overtime accumulated in
accordance with the provisions of Clause 19A of this Award for the purpose of
providing care and support for a person in accordance with subclause (v) above.
(x) Make-up time:
An employee may elect, with the consent of the employer, to work 'make-up
time', under which the employee takes time off during ordinary hours, and works
those hours at a later time, within the spread of ordinary hours provided in
the Award, at the ordinary rate of pay for the purpose of providing care and
support for a person in accordance with subclause (v) above.
(xi) Annual Leave
and Leave Without Pay: An employee may elect with the consent of the employer
to take annual leave or leave without pay for the purpose of providing care and
support for a person in accordance with subclause (v) above. Such leave shall
be taken in accordance with Clause 21D, Annual Leave and Clause 21M, Leave
Without Pay of this Award.
C. Emergency
Services Leave
(i) Subject to
subclause (ii) of this clause, an employee, other than a casual, who engages in
a ‘voluntary emergency management activity’ shall be entitled to up to five (5)
days paid emergency services leave per calendar year from their accrued sick
leave balance to participate in such activity.
(ii) An employee
is not entitled to paid emergency services leave under this clause if:
(a) the employee
has less than 12 months continuous service with the employer; or
(b) the taking of
the emergency services leave will result in the employee having an accumulated
sick leave balance of less than three (3) weeks.
(iii) For the
purposes of this clause, an employee engages in a ‘voluntary emergency
management activity’ if, and only if:
(a) the employee
engages in an activity that involves dealing with an emergency or natural
disaster; and
(b) the employee
engages in the activity on a voluntary basis (Note: the activity is not on a
voluntary basis if the employee receives remuneration from the recognised
emergency management body for lost wages or salary); and
(c) the employee
is a member of, or has a member‑like association with, a recognised
emergency management body; and
(d) either:
(1) the employee
was requested by or on behalf of the body to engage in the activity; or
(2) no such
request was made, but it would be reasonable to expect that, if the circumstances
had permitted the making of such a request, it is likely that such a request
would have been made.
(iv) For the
purposes of this clause, a ‘recognised emergency management body’ is:
(a) a body, or part
of a body, that has a role or function under a plan that:
(1) is for coping
with emergencies and/or disasters; and
(2) is prepared by
the Commonwealth, a State or a Territory; or
(3) a fire‑fighting,
civil defence or rescue body, or part of such a body; or
(b) any other body,
or part of a body, a substantial purpose of which involves:
(1) securing the
safety of persons or animals in an emergency or natural disaster; or
(2) protecting
property in an emergency or natural disaster; or
(3) otherwise
responding to an emergency or natural disaster.
(v) For the
purposes of this clause, an ‘emergency’ means an event, actual or imminent,
which endangers or threaten to endanger life, property or the environment and
which requires a significant and coordinated response.
(vi) The employer
may require proof of participation in the voluntary emergency management
activity to justify payment under this clause.
D. Annual
Leave
Amount of Annual Leave
(i) For each year
of service an employee (other than a casual) is entitled to:
(a) 4 weeks of paid
annual leave; or
(b) 5 weeks of paid
annual leave if the employee is regularly required to work a seven day a week
rotating roster system.
Accrual of leave
(ii)
(a) An employee’s
entitlement to paid annual leave accrues progressively during a year of service
according to the employee’s ordinary hours of work, and accumulates from year
to year.
(b) Paid annual
leave accrues up to when the employment ends.
Taking paid annual leave
(iii) Unless
otherwise provided, paid annual leave may be taken for a period agreed between
the employee and the employer.
(iv) The employer
must not unreasonably refuse to agree to a request by the employee to take paid
annual leave.
Requirement to take annual leave
(v) The employer
may direct an employee to take annual leave by giving at least four weeks prior
notification in the following circumstances:
(a) where the
employee has accumulated in excess of eight weeks annual leave
(b) a period of
annual close-down of up to and including 4 weeks.
Provided that:
(1) Where an
employee has accrued more annual leave than the period of the annual close
down, the balance of such leave shall be taken in accordance with subclause (i)
of this clause.
(2) In the case of
employees who are not entitled to annual leave or do not have an entitlement
sufficient to cover the period of the close-down, the employer shall endeavour
to provide meaningful duties as are within the limits of the employee's skill,
competence and training for the whole or part of the close-down.
(3) In the event
that meaningful duties are not available the employee may be directed to take
leave without pay, or by agreement with the employer may take annual leave in
advance of the entitlement provided that in the event of the employee leaving
employment before the entitlement becomes due, such annual leave shall be
repaid by a deduction from the employee's termination pay.
(4) In the event
that leave without pay is directed to be taken, such leave shall be regarded as
service for the purpose of the accrual of long service leave, sick leave and
annual leave.
Employee not taken to be on paid annual leave on Public
Holidays
(vi) If the period
during which an employee takes paid annual leave includes a day or part‑day
that is a declared public holiday in the place where the employee is based for
work purposes, the employee is taken not to be on paid annual leave on that
declared public holiday.
Payment for annual leave
(vii) Unless
otherwise provided, if an employee takes a period of paid annual leave, the
employer must pay the employee at the employee’s ordinary rate of pay for the
period of annual leave either before the commencement of the employee’s annual
leave, or by agreement through the usual pay periods.
Resignation or termination of employment
(viii) On resignation
or termination of employment, the employer shall pay to the employee their
ordinary rate of pay for all accrued untaken annual leave.
Varying rates of pay
(ix) Where an employee
receives a varying rate of pay for 6 months or more in the aggregate in the
preceding 12 month period, the employee's ordinary rate of pay shall be deemed
to be the average weekly rate of pay earned during the period actually worked
over the 12 months immediately preceding the annual leave or the right to
payment under this clause.
E. Long Service Leave
(i)
(a) An employee
shall be entitled to Long Service Leave at the ordinary rate of pay as follows:
-
Length of Service
|
Entitlement
|
After 5 years' service
|
6.5 weeks
|
After 10 years' service
|
13 weeks
|
After 15 years' service
|
19.5 weeks
|
After 20 years' service
|
30.5 weeks
|
For every completed period of 5 years' service thereafter
|
11 weeks
|
(b) Where an employee
has completed more than five years service with the employer and is terminated
for any cause, long service leave shall be deemed to have accrued for the
employee's total length of service and an amount equivalent to such long
service leave, less such leave already taken, computed in monthly periods and
equivalent to 1.3 weeks for each year of service up to 15 years and 2.2 weeks
for each year of service from 15 years onwards.
(ii)
(a) An employee who
is entitled to long service leave may, with the consent of the employer, take
long service leave:
(1) on full pay;
or
(2) on half pay;
or
(3) on double pay.
(b) When an
employee takes long service leave, the leave entitlement will be deducted on
the following basis:
(1) a period of leave
on full pay - the number of days so taken; or
(2) a period of
leave on half pay - half the number of days so taken; or
(3) a period of
leave on double pay - twice the number of days so taken.
(c) When an
employee takes long service leave, the period of service for the purpose of
leave accruals shall be as follows:
(1) a period of
leave on full pay - the number of days so taken; or
(2) a period of
leave on half pay - half the number of days so taken; or
(3) a period of
leave on double pay - the number of days so taken.
(d) Employees that
take long service leave at half pay or double pay shall not be disadvantaged
nor obtain a windfall gain in relation to superannuation contributions.
(iii)
(a) Long service
leave shall be taken at a time mutually convenient to the employer and
employee, provided that all long service leave accruing on or after 23 June
1988 shall be taken within five years of it falling due. The employer may
direct an employee to take long service leave accrued on or after 23 June 1988
and not taken within five years of it falling due provided that at least four
weeks’ notice is given to the employee.
(b) Payment to an
employee proceeding on long service leave shall be made by the employer at the
employee’s ordinary rate of pay calculated according to how the leave is taken
(i.e. either full, half, or double ordinary pay) for the period of long service
leave either before the commencement of the employee’s long service leave, or
by agreement through the usual pay periods.
(c) An employee
who has become entitled to a period of leave and the employee's employment is
terminated by resignation, death or dismissal for any cause shall be deemed to
have entered upon leave at the date of termination of the employment and shall
be entitled to payment accordingly.
(iv)
(a) For the purpose
of calculating long service leave entitlement in accordance with subclause (i)
of this clause all prior continuous service with any other employer within New South
Wales shall be deemed to be service with the employer by which the employee is
currently employed.
(b) Continuity of
service shall be deemed not to have been broken by transfer or change of
employment from one employer to another provided the period between cessation
of service with one employer and appointment to the service of another employer
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 one
employer and appointment to the service of another employer.
(v) For the
purpose of this clause, service shall include the following periods: -
(a) Any period of
service with any of Her Majesty's Forces provided that the employee enlisted or
was called up direct from the service of the employer.
(b) In the case of
an employee, transferred to the service of an employer of a new or altered area
- any period of service with the employer from which such employee was
transferred.
(c) Service shall
mean all service with the employer irrespective of the classification under
which the employee was employed.
(vi) There shall be
deducted in the calculation of the employee's service all leave of absence
without payment not specifically acknowledged and accepted by the employer as
service at the time leave was taken.
(vii) When an
employee transfers from one employer to another, the former employer shall pay
to the newly employing employer the monetary equivalent of all long service
leave accruing to the employee at the time of transfer. However, an employee
who at the time of transfer has completed at least five years continuous
service may elect to be paid the monetary equivalent of the entitlement.
Employees who at the time of transfer elect to be paid the monetary equivalent
of their long service leave entitlement shall have that entitlement calculated
by multiplying in completed years and months their period of continuous service
with the employer(s). A statement showing all prior continuous service with the
employer(s) of the employee concerned shall be furnished together with details
of the assessment of the amount of money that shall be paid into a Long Service
Leave Reserve Account and appropriate notations made in the employer 's Long
Service Leave Record.
(viii) The employer
which has received under subclause (vii) of this clause a monetary equivalent
of long service leave entitlement to cover an employee's period of service with
a previously employing employer(s) shall if the employee subsequently leaves
the service of that employing employer to seek employment outside New South
Wales Local Government before a long service leave entitlement has become due,
refund to such previously employing employer (s) the amount paid.
(ix) Long service
leave shall be exclusive of annual leave and any other holidays as prescribed
by clause 20, Holidays of this Award, occurring during the taking of any period
of long service leave, provided that where a public holiday falls during a
period where the employee has taken long service leave on half pay, the public
holiday shall also be paid at half pay.
(x) When the
service of an employee is terminated by death the employer shall pay to the
employee's estate the monetary equivalent of any untaken long service leave
standing to the employee's credit at the time of the employee's decease.
(xi) Where an
employee's service is terminated at the end of a season or through shortage of
work, material or finance or through illness certified by a duly qualified
medical practitioner and such employee is re-employed by the same employer
within 12 months of termination of service, prior service shall be counted for
the purpose of this clause.
F. Parental
Leave (General)
Relationship with federal legislation - Clauses 21F,
21G, 21H and 21J of this Award shall apply in addition to:
(i) Chapter 2, Part
2-2, Division 5 - ‘Parental leave and related entitlements’ of the National
Employment Standard (NES) under the Fair Work Act 2009 (Cth); and
(ii) the Paid
Parental Leave Act 2010 (Cth).
Note: Division 5 of the Fair Work Act 2009 (Cth) relates
to:
|
|
unpaid parental leave, including unpaid adoption leave
|
unpaid special maternity leave
|
transfer to a safe job and no safe job leave
|
G. Requests for
Flexible Working Arrangements
Requests for flexible working arrangements
Chapter 2, Part 2-2, Division 4, Requests for Flexible
Working Arrangements of the Fair Work Act 2009, shall apply.
H. Paid Parental
Leave
(i) Definitions -
in this clause:
(a) PPL instalments
shall mean instalments paid during the paid parental leave period under the
Paid Parental Leave Act 2010 (Cth).
(b) parental leave
make-up pay shall mean the employee’s ordinary pay, inclusive of PPL
instalments. Where an employee works a
varying number of ordinary hours for 6 months or more in the aggregate in the
12 month period immediately preceding leave associated with the birth of a
child, the employee’s ordinary hours shall be deemed to be the average weekly
number of ordinary hours worked during the 12 month period.
(ii) Eligibility
This clause shall apply to an employee who is receiving
PPL instalments as a primary or secondary claimant under the Paid Parental
Leave Act 2010 (Cth) and who has had 12 months continuous service with the
employer immediately prior to the commencement of paid parental leave.
(iii) Entitlement
to parental leave make-up pay
(a) An employee
shall be entitled to parental leave make-up pay for the period that they are
receiving PPL instalments, up to a maximum of 18 weeks.
(b) The
period of parental leave make-up pay shall be counted as service for the
purposes of long service, annual and sick leave accruals and superannuation.
Superannuation is calculated on the employee’s ordinary rate of pay.
(c) Requalification
period - An employee shall not be entitled to a further period of parental
leave make up pay unless the employee has returned to work for the employer for
at least 3 months since their previous period of parental leave.
(iv) Employee’s
right to choose
(a) An employee who
satisfies the eligibility criteria for paid maternity leave or paid special
maternity leave under Clause 19F, Paid Maternity Leave, of the Local Government
(State) Award 2007, may elect to receive paid maternity leave and/or paid
special maternity leave (9 weeks full pay or 18 weeks half pay) in accordance
with the provisions of the Local Government (State) Award 2007 in lieu of the
entitlement to parental leave make-up pay under this Award, provided that the
requalification period in subclause (iii) above shall apply.
(b) This subclause
shall not apply where another employee of the employer receives parental leave
make-up pay in connection with the pregnancy or birth of the child.
I. Concurrent
Parental Leave
An employee, other than a casual, who is a supporting
parent shall be entitled to up to two weeks paid concurrent parental leave from
their accrued sick leave balance at the time their partner gives birth to a
child or at the time the employee adopts a child provided that the employee has
had 12 months continuous service with the employer immediately prior to the
commencement of their concurrent parental leave.
J. Adoption
Leave
(i) Eligibility
This clause applies to an employee who is entitled to
adoption-related leave under the Fair Work Act 2009 (Cth).
(ii) Pre-adoption
Leave
(a) An employee,
other than a casual, who is entitled to unpaid pre-adoption leave under the
Fair Work Act 2009 (Cth) is entitled to up to 2 days paid pre-adoption leave at
ordinary pay for the period of such leave.
(b) An employee who
is entitled to a period of paid pre‑adoption leave is entitled to take
the leave as:
(1) single
continuous period of up to 2 days; or
(2) any separate
periods to which the employee and the employer agree.
(iii) Adoption
Leave
(a) Subject to
subclause (c), an employee, other than a casual, who has or will have primary
responsibility for the care of an adopted child is entitled to paid adoption
leave at ordinary pay from the date the child is placed with the employee for
adoption according to the following scale:
Age of Child at the
Date of Placement
|
Entitlement
|
Less than 5 years of age
|
9 weeks full pay,
or
|
|
18 weeks half pay
|
Between 5 years of age and less than 16 years of age
|
4 weeks full pay,
or
|
|
8 weeks half pay
|
(b) Notwithstanding
the above, where the adopted child is aged between 5 years of age and less than
16 years of age at the date of placement with the employee and there are
special needs and reasons in the child’s life, the employer shall not
unreasonably refuse to grant up to nine weeks paid adoption leave at full pay
or 18 weeks paid adoption leave at half pay.
(c) An employee is
not entitled to paid adoption leave under this clause where the employee
receives parental leave make-up pay in connection with the adoption of the
child.
(iv) Family reunion
leave
(a) An employee,
other than a casual, able to establish that they were adopted under a
"closed adoption" practice shall be entitled to up to five (5) days
family reunion leave from their accumulated sick leave balance to reunite with
their biological parent(s) for the first time.
(b) For the
purpose of this sub-clause "closed adoption" means an adoption
whereby the record of the biological parent(s) is kept sealed and the adopted
child is thereby prevented from knowing the identity of such biological
parent(s).
K. Bereavement
leave
(i) Subject to
this clause, where an employee, other than a casual, is absent from duty
because of the death of a person and provides satisfactory evidence to the
employer of such, the employee shall be entitled to bereavement leave as
follows:
(a) Up to four days
paid bereavement leave upon the death of a member of the employee’s immediate
family; or
(b) Up to two days
paid bereavement leave upon the death of a member of the employee’s extended
family;
(ii) For the
purposes of this clause, immediate family shall mean the following:
(a) a spouse or de
facto partner of the employee;
(b) a child of the
employee;
(c) a parent of
the employee;
(d) a sibling of the
employee;
(e) a grandchild
of the employee;
(f) a child of the
spouse or de facto partner of the employee;
(g) a parent of
the spouse or de facto partner of the employee;
(h) a sibling of
the spouse or de facto partner of the employee; or
(i) a grandchild
of the spouse or de facto partner of the employee; or
(j) a member of
the employee’s extended family living in the same domestic dwelling as the
employee.
(iii) For the
purposes of this clause, extended family shall mean the following:
(a) a niece of the
employee;
(b) a nephew of the
employee;
(c) an uncle of
the employee;
(d) an aunt of the
employee;
(e) a grandparent
of the employee;
(f) a grandparent
of the spouse or de facto partner of the employee;
(g) the spouse or de-facto
partner of the employee’s child (son in law or daughter in law).
(iv) The employer
may grant an employee additional bereavement leave if satisfied that
extenuating circumstances exist.
(v) Bereavement
Entitlements for Casual Employees
(a) Subject to
providing satisfactory evidence to the employer, casual employees are entitled
to not be available to attend work, or to leave work upon the death of a person
as provided in subclauses (i) to (iv) of Clause 21K, Bereavement Leave.
(b) The casual employee
is not entitled to any payment for the period of non-attendance.
(c) The employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of the employer to engage
or not engage a casual employee are otherwise not affected.
L. Other
Paid Leave
(i) Jury Service
Leave
An employee required to attend for jury service during
the employee's ordinary working hours shall be reimbursed by the employer an
amount equal to the difference between the amount in respect of the employee's
attendance for such jury service and the amount of wage the employee would have
received in respect of the ordinary time the employee would have worked had the
employee not been on jury service. An employee shall notify the employer as
soon as possible of the date upon which the employee is required to attend for
jury service. Further the employee shall give the employer proof of attendance,
the duration of such attendance and the amount received in respect of such jury
service.
(ii) Union
Training Leave
The employer shall agree to release employees to attend
an accredited trade union training course without loss of pay and such
agreement shall not unreasonably be withheld.
(iii) Union
Conference Leave
Accredited delegates to the unions’ annual conferences
shall be granted paid leave for the duration of the conference provided that
the employer’s operational requirements are met and the union notifies the
employer of the accredited delegates nominated to attend the conference at
least one month prior to the commencement of the conference.
M. Leave Without Pay
(i) Periods of
leave without pay, shall be taken at a time mutually convenient to the employer
and the employee, and shall not be regarded as service for the purpose of
computing entitlements under this Award. Such periods of leave without pay
shall not however, constitute a break in the employee's continuity of service.
(ii) An employee
shall not be entitled to any payment for public holidays during an absence on
approved leave without pay.
22. Flexibility
for Work and Family Responsibilities
(i) In
recognition of the commitment to provide flexibility for work and family
responsibilities and the need to retain skills and experience within the industry,
employers are encouraged to develop and promote flexible work and leave
arrangements to enable their employees to better manage their work and family
responsibilities.
(ii) The employer
and an employee, other than a casual, may agree on flexible work and leave
arrangements to enable the employee to attend to work and family
responsibilities. The employer shall not unreasonably withhold agreement to
flexible work and leave arrangements, provided its operational needs are met.
(iii) Flexible work
and leave arrangements include but are not limited to:
(a) make up time;
(b) flexi time;
(c) time in lieu;
(d) leave without
pay;
(e) annual leave;
(f) part-time
work;
(g) job share
arrangements;
(h) variations to
ordinary hours and rosters;
(i) purchased
additional annual leave arrangements;
(j) working from
home arrangements; and
(k) arrangements
to accommodate breastfeeding women.
(iv) The terms of a
flexible work and leave arrangement shall be in writing and may be varied from
time to time, by agreement, to suit the specific needs of either party.
23. Phased
Retirement
(i) In
recognition of the ageing workforce in local government and the need to retain
skills and experience within the industry, employers are encouraged to develop
and promote flexible work and leave arrangements to enable their employees to
better manage their transition into retirement.
(ii) Examples of
flexible work and leave arrangements include:
(a) Part-time
work;
(b) Flexi time;
(c) Leave without
pay;
(d) Job sharing
arrangements;
(e) Variations to
ordinary hours and rosters;
(f) Job redesign;
and
(g) Purchased
additional annual leave arrangements.
(iii) The terms of
a flexible work and leave arrangements shall be in writing and may be varied from
time to time, by agreement, to suit the specific needs of either the employer
or the employee.
24. Health
and Wellbeing
(i) The parties to the Award recognise that
workplace health and wellbeing programs can lead to positive outcomes such as
improved employee work performance and productivity, improved employee
recruitment and retention, reduced absenteeism, and other benefits.
(ii) Employers are
encouraged to develop workplace health and/or wellbeing programs that are
suited to the needs and resources of the employer.
(iii) An employee
may, with the consent of the employer, take up to two (2) days paid leave per
calendar year from their accrued sick leave balance to participate in a health
and/or wellbeing activity, subject to the following:
(a) the granting
of paid leave under this clause is at the discretion of the employer; and
(b) the taking of
paid leave under this clause must not result in the employee having an
accumulated sick leave balance of less than three (3) weeks; and
(c) the employer
may require proof of participation in the health and/or wellbeing activity to
justify payment under this clause.
25. Part-time
Employment
(i) A part-time
employee shall mean an employee who is engaged on the basis of a regular number
of hours which are less than the full-time ordinary hours in accordance with
Clause 18, Hours of Work of this Award.
(ii) Prior to
commencing part-time work the employer and the employee shall agree upon the
conditions under which the work is to be performed including:
(a) The hours to
be worked by the employee, the days upon which they shall be worked and the
commencing times for the work.
(b) The nature of
the work to be performed.
(c) The rate of
pay as paid in accordance with this Award
(iii) The conditions
may also stipulate the period of part-time employment.
(iv) The conditions
may be varied by consent.
(v) The conditions
or any variation to them must be in writing and retained by the employer. A
copy of the conditions and any variations to them must be provided to the
employee by the employer.
(vi)
(a) Where it is
proposed to alter a full-time position to become a part-time position such
proposal shall be referred to the consultative committee for information.
(b) In such cases
the employer and the employee shall agree upon the conditions, if any, of
return to full-time work.
(vii) A part-time
employee may work more than their regular number of hours at their ordinary
hourly rate by agreement. Where an employee works hours outside the spread of
hours in clause 18, Hours of Work of this Award, the provisions of clause 19,
Overtime, shall apply.
(viii) Part-time
employees shall receive all conditions prescribed by the Award on a pro-rata
basis of the regular hours worked. An adjustment to the accrued leave
entitlements may be required at the conclusion of each service year based on
the proportion of actual hours worked.
(ix) Where a public
holiday falls on a day where a part-time employee would have regularly worked
the employee shall be paid for the hours normally worked on that day.
(x) A change to
full-time employment from part-time employment or to part-time employment from
full-time employment shall not constitute a break in the continuity of service.
All accrued entitlements shall be calculated in proportion to the hours worked
in each employment arrangement.
26. Casual
Employment
(i) A casual
employee shall mean an employee engaged on a day to day basis.
(ii) A casual employee
shall be paid the hourly rate for ordinary hours worked in accordance with
clause 18, Hours of Work.
(iii) Casual
employees who work on Saturday and/or Sunday are entitled to penalty rates
prescribed by clause 18B. The penalties
are calculated on the ordinary hourly rate.
(iv) Casual
employees who work outside the relevant spread of hours identified at clause
18C(i) and (ii) are entitled to a shift penalty. The penalty is calculated on the ordinary
hourly rate.
(v) Subject to
clause 19A (viii), a casual employee will not be offered to work overtime in a
position held by a permanent employee of the employer, if such permanent
employee is available to work that overtime. Overtime shall be paid where a
casual employee works outside the ordinary hours for that position. In cases
where there are no ordinary hours for the position, overtime shall be paid for
the hours worked in excess of those prescribed in Clause 18, Hours of Work.
(vi) In addition to
the amounts prescribed by subclause (ii) of this clause, a twenty-five percent
loading, calculated on the ordinary hourly rate, shall be paid. This loading
shall not attract any penalty. This loading shall be paid in lieu of all leave
(including but not limited to annual leave, long service leave and sick leave)
and severance pay, except for paid parental leave prescribed by the Award.
Casual loading is not payable on overtime.
(vii) Casual
employees engaged on a regular and systematic basis shall:
(a) Have access to
annual assessment under the employer’s salary system.
(b) Have their
service as a casual counted as service for the purpose of calculating long
service leave where the service as a casual employee is continuous with their
appointment to a permanent position on employer's structure. In calculating the
long service leave entitlement in such cases there shall be a deduction of the
long service leave accrued whilst the employee was employed as a casual.
(viii) A casual
employee shall not replace an employee of the employer on a permanent basis.
(ix) Carer’s
entitlements shall be available for casual employees as set out in subclause
(viii) of Clause 21, Part B of this Award.
(x) Bereavement
entitlements shall be available for casual employees as set out in subclause
(v) of Clause 21, Part K of this Award.
27. Job
Share Employment
(i) Job sharing
is a form of part-time employment where more than one employee shares all the
duties and responsibilities of one position.
(ii)
(a) Job sharing shall
be entered into by agreement between the employer and the employees concerned.
(b) Such agreement
shall be referred to the consultative committee for information.
(iii) The employer
and the job sharers shall agree on the allocation of work between job sharers.
(iv) (a) The ordinary hours of work of the
position shall be fixed in accordance with clause 18, Hours of Work of this
Award.
(b) The job
sharers in conjunction with the employer shall agree on the hours to be worked.
Such agreement shall specify the regular number of ordinary hours to be worked
by each job sharer.
(v) (a) In the absence of a job sharer the
remaining job sharer(s) may be required by the employer to relieve the absent
job sharer provided the remaining job sharer(s) are reasonably available.
(b) In such cases
the relieving job sharer(s) shall be paid their ordinary rate of pay for the
time relieving.
(vi) A job sharer
may work more than their regular number of hours at their ordinary hourly rate
by agreement. Where an employee works hours outside the spread of hours in
clause 18, Hours of Work of this Award the provisions of clause 19, Overtime,
shall apply.
(vii) The employer
must establish appropriate communication mechanisms between the job sharers to
facilitate the handing over of tasks from one job sharer to another.
(viii) (a) Job sharers shall have access to all
provisions of this Award including training and development.
(b) Job sharers
shall receive pro-rata pay and conditions in proportion to the ordinary hours
worked by each job sharer.
(c) An adjustment
to accrued leave entitlements may be required at the conclusion of each service
year based on the proportion of actual hours worked.
(d) A change to
job sharing from full-time or part-time employment or from job sharing to
full-time or part-time employment shall not constitute a break in the
continuity of service. All accrued entitlements shall be calculated in
proportion to the hours worked in each employment arrangement.
(ix) In the event
of a job sharer vacating the position the employer shall review the position
and shall consider filling the vacancy or offering the remaining job sharer(s)
increased hours.
(x) The terms of a
job share arrangement or any variation to it must be in writing. A copy of the
arrangement and any variation to it must be provided to the job sharer(s) by
the employer.
28. Labour
Hire
(i) An employee of a labour hire business
shall not replace an employee of the employer on a permanent basis.
(ii) This clause does not apply to the employment
of apprentices and/or trainees by a group training business.
(iii) For the purpose of this clause:
(a) a "labour hire business" is a
bona fide labour hire business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which supplies staff employed or engaged by it to
the employer on an on-hire basis for the purpose of such staff performing work
or services for that employer. Provided
that a business is not a labour hire business if:
(1) the staff of that business are not
performing the specific duties of a position(s) covered by the employer’s
organisation structure;
(2) the business is providing professional
business services which cannot reasonably be fulfilled by the employer’s
employees, for a specified period of time or for a specific task (for example,
legal, financial or accounting services);
(3) the business is
a bona fide contractor providing both equipment and employees to the employer; or
(4) the business is another entity covered by
this Award.
(b) a "group training business" is
a bona fide group training business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply apprentices and/or trainees to the
employer for the purpose of such staff performing work or services as an
apprentice or trainee for that employer.
(iv) Notwithstanding the provisions of
subclause (i), the employer and the relevant union may agree in writing that
the employer may replace an employee of the employer on a permanent basis with
the employee of a labour hire business.
29. Multiple
Employment
Where an employee is employed in a second position with
the employer the second position may, for all purposes of the Award, be
regarded as a separate and distinct employment engagement from the original
employment provided that:
(i) the positions
involve different duties or are in different work function areas; and
(ii) the employee
agreed to the employment in the second position.
30. Junior
and Trainee Employment
A. General
(i) The rates of pay
specified in Band 1/Level 1 are actual not minimum rates.
(ii) Employees
engaged at the T3 rate of pay or above may be required to possess a Provisional
or Class C Drivers Licence.
B. Junior
Employment
(i) The rates of
pay as provided in Band 1/Level 1 are payable to juniors (15-18 years old).
(ii) A junior
employee shall be appointed to Band 1/Level 1 according to either their age or
educational qualification, whichever provides for the higher rate of pay.
(iii) Progression
along the scale is automatic up to and inclusive of T4, according to the
employee's age.
C. Trainee
Employment and Apprenticeships
(i) The rate of
pay as provided for in Band 1/Level 1 are payable to employees undertaking
entry level training.
(ii) An employee
shall be appointed to Band 1/Level 1 according to either their age or
educational qualification, whichever provides for the higher rate of pay.
(iii) Progression
along the scale is not automatic, but is subject to successful completion of
appropriate training modules and satisfactory service.
(iv) Upon
successful completion of entry level training, the employee shall proceed to
the appropriate band and level in the structure, if the employment is to be
continued beyond the training period.
(v) In addition to
the vocational training direction, the employer shall provide an apprentice
with the conditions of the apprenticeship in writing and these conditions shall
include:
(a) the term of the
apprenticeship;
(b) the course of
studies to be undertaken by the apprentice;
(c) the course of
on the job training to be undertaken by the apprentice.
D. School Based
Apprentices
(i) The object of
Part D of this clause is to assist persons who are undertaking an
apprenticeship under a training contract while also enrolled in the Higher
School Certificate. Such school based apprenticeships are undertaken at a
minimum Certificate III Australian Qualifications Framework (AQF) qualification
level as specified in the relevant Vocational Training Order pursuant to the
Apprenticeship and Traineeship Act 2001 (NSW).
(ii) The hourly
rates for school based apprentices for total hours worked including time deemed
to be spent in off-the-job training shall be calculated by dividing the
applicable weekly rate for full time apprentices as set out in Band 1/Level 1
by 38 or 35 in accordance with Clause 18, Hours of Work.
(iii) For the
purpose of subclause (ii), where a school based apprentice is a full time
school student, the time spent in off-the-job training for which the school based
apprentice is paid is deemed to be 25 per cent of the actual hours worked
on-the-job each week. The wages paid for training time may be averaged over the
school term or year.
(iv) School based
apprentices progress through the rates of pay set out in Band 1/Level 1 subject
to successful completion of appropriate training modules and satisfactory
service.
(v) Except as
provided by this Award, school based apprentices are entitled to pro rata
entitlements of all other conditions of employment.
E. Government
Funded Traineeships
(i)
(a) The objective
of Part E of this clause is to assist in the establishment of a system of
traineeships which provides approved training in conjunction with employment in
order to enhance the skill levels and future employment prospects of trainees.
(b) The system is
neither designed nor intended for those who are already trained and job ready.
(c) Nothing in
this subclause shall be taken to replace the prescription of training requirements
for all other employees bound by this Award.
(ii) Except as in
hereinafter provided, all other terms and conditions of this Award shall apply.
(iii)
(a) This subclause
shall apply to trainees engaged to undertake a traineeship which is a system of
training approved by the relevant state training authority. The trainee and the
employer shall be bound by a training agreement made in accordance with this
Award and shall not operate unless this condition is met.
(b) A traineeship
shall not commence until the relevant Traineeship Agreement has been registered
with the relevant State Training Authority.
(iv) The employer
shall ensure that the trainee is permitted to attend the training course or
program provided for in the Traineeship Agreement and shall ensure that the
trainee receives the appropriate on-the-job training in accordance with the
Traineeship Agreement.
(v) The employer
shall provide a level of supervision in accordance with the Traineeship
Agreement during the traineeship period.
(vi) Training shall
be directed at:
(a) the achievement
of key competencies required for successful participation in the workplace
and/or
(b) the achievement
of competencies required for successful participation in an industry.
(vii) Until
consultation and negotiations with the relevant industry union(s) upon the
terms of the proposed Traineeship Scheme and the Traineeship has occurred a
Traineeship Scheme shall not be given approval. An application for approval of
a Traineeship Scheme shall identify the relevant industry union(s) and
demonstrate to the satisfaction of the approving authority that the
abovementioned consultation and negotiations have occurred.
(viii) Part E of this
clause does not apply to apprentices.
(ix) Any existing
employment arrangements for the Australian Traineeship System (ATS) or the
Career Start Traineeship (CST) shall not apply to any employer bound by this
Award, except in relation to ATS or CST trainees who commenced a traineeship
with the employer before the employer was bound by this Award.
(x)
(a) Trainees shall
not displace existing employees from employment.
(b) Trainees shall
only be engaged in addition to existing staff positions and employment levels.
(c) The provisions
of subclause (b) above do not apply to the engagement of Indigenous trainees
and trainees paid at Band 1/Level 1 of the Award. This subclause shall not be used to reduce
the core number of employees at the employer.
(xi) A trainee
shall be engaged on a full time basis for the period of at least twelve months.
By agreement in writing, and with the consent of the relevant State Training
Authority, the relevant employer and the trainee may vary the duration of the
Traineeship and the extent of approved training provided that any agreement to
vary is in accordance with the relevant Traineeship Scheme. This clause shall
not restrict the employer’s ability to engage a trainee under a school-based
traineeship.
(xii)
(a) The employer
shall not terminate the trainee's service without providing written notice of
termination in accordance with the training agreement and subsequently to the
relevant State Training Authority as appropriate.
(b) Where the
employer chooses not to continue the employment of a trainee upon the
completion of the traineeship, it shall notify the relevant state training
authority as appropriate, of its decision.
(xiii) A trainee who
fails to complete the traineeship or who cannot for any reason be placed in
full-time employment with the employer on the successful completion of the
traineeship, shall not be entitled to any severance payments payable pursuant
to termination, change or redundancy provisions or provisions similar thereto.
(xiv) The trainee
shall be permitted to be absent from work without loss of continuity of
employment and/or wages to attend the training in accordance with the
Traineeship Agreement.
(xv) Where the
employment of a trainee by the employer is continued after the completion of
the traineeship period, such traineeship period shall be counted as service
with the employer for the purposes of this Award or any other legislative
entitlements.
(xvi) Wages:
(a) The weekly
amount of pay payable to trainees shall be as provided in Table 1 of Part B,
Traineeship Rates, of this Award.
(b) The trainee
wage rates contained in this Award are minimum rates and shall only apply to
trainees while they are undertaking an approved traineeship which includes
approved training as prescribed above.
31. Training
and Development
(i) The parties
to this Award recognise that increasing the efficiency and productivity of the
industry requires an ongoing commitment to education, training and skill
maintenance, development and enhancement. Accordingly, the parties commit
themselves to:
(a) developing a
more highly skilled and flexible workforce
(b) providing
employees with opportunities through appropriate education and training to
acquire additional skills and
(c) removing
barriers to the utilisation of skills in accordance with employers' training
plans.
(ii) All employees
shall have reasonable and equitable access to education and training, such
education and training shall:
(a) be consistent
with the employer's training plan
(b) enable
employees to acquire the range of skills they are required to apply in their
positions
(c) enhance
employees' opportunities for career path development and mobility through
employer's organisation structures, through participation in the employers'
training plans.
(iii) Training Plan
and Budget
(a) The employer
shall develop a training plan and budget consistent with:
(1) the current and
future skill requirements of the employer.
(2) the size,
structure and nature of the operations of the employer.
(3) the need to
develop vocational skills relevant to the employer and the Local Government
industry.
(b) In developing
the training plan, the employer shall have regard to corporate, departmental
and individual training needs.
(c) The training plan
shall be designed in consultation with the consultative committee.
(d) The training
plan shall, where appropriate, provide for training that is consistent with the
National Local Government Competency Standards.
(e) The training
plan, shall provide for the assessment and recognition of employee's current
competencies where possible.
(f) Selection of
participants to receive the employer’s required training in accordance with
employer’s training plan is to be based on merit and the needs of the employee
as identified in the employee's performance appraisal.
(iv) If an employee
is required by the employer to undertake training in accordance with the
employer’s training plan:
(a) the employer
shall grant the employee paid leave to attend course requirements, including
examinations, where the training is undertaken during ordinary working hours;
(b) where the
course requirements contain more than a 15% off-the-job component calculated
over any 12 month period the extent to which the employer will grant paid leave
to attend such course requirements shall be specified in the training plan;
(c) the employer
shall pay course fees at the commencement of each stage but shall not pay
course fees if the employee is repeating;
(d) the employer
shall either provide transport or pay reasonable travelling expenses to enable
employees to attend course requirements;
(e) reasonable
travel arrangements shall be agreed; and
(f) where an
employee is required to complete major assignment(s) the employer and the
employee shall agree upon appropriate flexible work and study arrangements as
are practicable.
(v) The employer
may grant an employee undertaking a course consistent with the employer’s
training plan, although not at the employer's requirement, leave with pay or leave
without pay to attend course requirements provided that the employee gives
reasonable notice of such requirements. Where the employee is not granted such
leave the employer shall give preference in granting annual leave or other
accrued leave to attend course requirements provided that the employee gives
reasonable notice of such requirements. The employer may pay course fees at its
discretion.
(vi) Development of
a Competency Based Training System.
(a) The parties to
the Award are committed to the development of a competency based system of
vocational education and training for local government. Such a system involves
the delivery, assessment and certification of training being related to the
identification and demonstrated attainment of the knowledge, skills and their
application required for effective performance in work at the required level,
as defined in industry endorsed competency standards.
(b) The parties
shall continue to participate in the development of a competency based training
system to ensure that the following are achieved:
(1) that competency
standards developed provide the specification of the knowledge and skill and
the application of that knowledge and skill to the standards of performance
required in employment;
(2) that competency
standards are reviewed in a systematic manner to ensure that they remain
relevant to the actual needs of the industry;
(3) that accredited
courses and training programs deliver the required competencies and to ensure
that assessment processes measure an employee's competency against prescribed
standards of performance. These processes involve recognition of prior learning
and assessment mechanisms;
(4) that
certification provides employees with formal recognition of the competencies
they have achieved and demonstrated.
32. Consultative
Committees
A. Aim
The parties to the Award are committed to
consultative and participative processes. There shall be a consultative
committee at each employer which shall:
(i) provide a forum for
consultation between the employer and its employees that encourages a free and
open exchange of views;
(ii) positively
co-operate in workplace reform to enhance the efficiency and productivity of
the employer and to provide employees with access to career opportunities and
more fulfilling, varied and better paid work.
B. Size
and Composition
(i) The size and
composition of the consultative committee shall be representative of the
employer’s workforce and agreed to by the employer and the local
representatives from the following unions: USU; depa and the LGEA and such
agreement shall not be unreasonably withheld.
(ii) The consultative
committee shall include but not be limited to employee representatives of each
of the unions who have members employed at the employer.
(iii) Officers of the
union(s) or Association(s) may attend and provide input to meetings of the
consultative committee, at the invitation of the consultative committee or
their respective members.
C. Scope of
Consultative Committees
(i) The functions of
the consultative committee include:
(a) Award implementation
(b) training
(c) consultation with
regard to organisation restructure
(d) job redesign
(e) salary systems
(f) communication and
education mechanisms
(g) performance management
systems
(h) changes to variable
working hours arrangements for new or vacant positions
(i) local government
reform
(j) proposed variations
to leaseback vehicle arrangements.
(ii) The consultative
committee shall not consider matters which are being or should be processed in
accordance with Award clause 35, Grievance and Disputes Procedures.
D. Meetings and Support
Services
(i) The consultative
committee will make recommendations based upon consensus. Where there is no consensus
on a particular item, the recommendation to the employer should note the
dissenting views.
(ii) The consultative
committee shall meet as required.
33. Appointment
and Promotion
(i) Where an
internal applicant has applied for a new or vacant position and their
application is unsuccessful, the employee may:
(a) request in
writing the reason(s) as to why they were not appointed, and upon such request,
the employer shall provide the reason(s) in writing; and
(b) request a
review of their individual education and training needs.
34. Term
Contracts
(i) The employer
may only employ a person on a term contract of employment in the following
situations:
(a) for the life
of a specific task or project that has a definable work activity, or
(b) to perform the
duties associated with an externally funded position where the length of the
employment depends on the length of the funding, or
(c) to perform the
duties associated with a vacant position until the vacant position is filled on
a permanent basis, provided that the duration is no longer than is reasonably
necessary to undertake recruitment for the vacant position, or
(d) to temporarily
replace an employee who is on approved leave, secondment, workers compensation,
acting in a different position or working reduced hours under a flexible work
and leave arrangement, or
(e) to undertake
training and work as part of an apprenticeship, traineeship or student work
experience program in conjunction with an education institution, or
(f) to trial a new
work area, provided that the duration is no longer than is reasonably necessary
to trial the new work area, or
(g) to perform the
duties associated with a vacant position during the intervening period between when
the employer has made a definite decision to introduce major changes in
production, program, organisation structure or technology that are likely to
have significant effects on the employment in the vacant position and the date
that the changes are implemented; or
(h) to accommodate
time limitations imposed by law or sought by the employee (e.g. visa
restrictions); or
(i) to perform
seasonal work (also see subclause 21E(xi) of this Award).
(ii) Notwithstanding
the above, all term contracts of employment entered into prior to 1 November
2010 may continue until the expiry of their fixed or maximum term.
35. Grievance
and Dispute Procedures
(i) At any stage
of the procedure, the employee(s) may be represented by their union or its
local representative/delegate and the employer represented by the Association.
(ii) The union
delegate shall have reasonable time, without loss of pay, to discuss a
grievance or dispute with management at the local level where prior approval is
sought. Such approval shall not be unreasonably withheld.
(iii) A grievance
or dispute shall be dealt with as follows:
(a) The
employee(s) shall notify the supervisor, or other authorised officers of any
grievance or dispute and the remedy sought, in writing.
(b) A meeting
shall be held between the employee(s) and the supervisor to discuss the
grievance or dispute and the remedy sought within two working days of
notification.
(c) If the matter
remains unresolved, the employee(s) may request the matter be referred to the
head of the department or other authorised officer for discussion. A further
meeting between all parties shall be held as soon as practicable.
(d) If the matter
remains unresolved the general manager shall provide the employee(s) with a
written response. The response shall include the reasons for not implementing
any proposed remedy.
(e) Where the
matter remains unresolved, it may be referred to the employee's union or
representative and by the general manager or other authorised officer to the
Association for further discussion between the parties.
(iv) The Industrial
Registrar may be advised of the existence of a dispute at any stage of this
procedure.
(v) During this
procedure and while the matter is in the course of negotiation, conciliation and/or
arbitration, the work practices existing prior to the dispute shall as far as
practicable proceed as normal.
36. Disciplinary
Procedures
A. Employee's
Rights
Notwithstanding the procedures below, an employee
shall:
(i) Have access
to their personal files and may take notes and/or obtain copies of the contents
of the file.
(ii) Be entitled
to sight, note and/or respond to any information placed on their personal file
which may be regarded as adverse.
(iii) Be entitled
to make application to delete or amend any disciplinary or other record
mentioned on their personal file which the employee believes is incorrect,
out-of-date, incomplete or misleading.
(iv) Be entitled to
request the presence of a union representative and/or the involvement of their
union at any stage.
(v) Be entitled to
make application for accrued leave for whole or part of any suspension during
the investigation process.
B. Employer's
Rights and Obligations
Notwithstanding the procedures contained below, the
employer shall:
(i) Be entitled
to suspend an employee with or without pay during the investigation process
provided that:
(a) suspension
without pay during an investigation shall be for a period of not more than two
weeks, except where the progress of the investigation is delayed due to the
unavailability of the employee and/or their representative in which case the
period of suspension without pay may be extended for a further period of up to
7 days or such greater period by agreement.
(b) If, after
investigation, the reasons for the suspension are found to be inappropriate,
the employee shall not suffer any loss of pay for the period under suspension.
(c) The suspension
shall not affect the employee's continuity of service for the purposes of accruing
leave entitlements.
(d) The employer
shall not unreasonably refuse an application for paid leave under this
provision.
(e) By agreement
an employee may be transferred to another position or place of work.
(ii) Properly
conduct and speedily conclude an investigation into the alleged unsatisfactory
work performance or conduct.
(iii) Be entitled
to take other disciplinary action before and/or during the procedures in cases
of misconduct or where the employee's performance warrants such action.
(iv) In appropriate
circumstances be entitled to terminate an employee's services in accordance
with Clause 38, Termination of Employment of this Award.
(v) Be entitled to
request the presence of a union representative at any stage.
C. Procedures
(i) Where an
employee's work performance or conduct is considered unsatisfactory, the
employee shall be informed in the first instance of the nature of the
unsatisfactory performance or conduct and of the required standard to be
achieved, by the employee's immediate supervisor or other appropriate officer
of the employer.
(ii) Unsatisfactory
work performance or conduct shall include, but not be limited to, neglect of
duties, breach of discipline, absenteeism and non-compliance with safety
standards. A written record shall be kept on the appropriate file of such
initial warning. The employee shall be entitled to sight and sign such written
record and add any notations regarding the contents of such record.
(iii) Where there
is re-occurrence of unsatisfactory work performance or conduct, the employee
shall be warned formally in writing by the appropriate officer of the employer
and counselled. Counselling should reinforce the standard of work or conduct
expected and, where the employee is failing to meet these required standards, a
suitable review period for monitoring the employee's performance; the severity
of the situation; and whether disciplinary action will follow should the
employee's work performance or conduct not improve. A written record shall be
kept of such formal warning and counselling. The employee shall be entitled to
sight and sign such written record and add any notations regarding the contents
of such record.
(iv) If the
employee's unsatisfactory work performance or conduct continues or resumes following
the formal warning and counselling, the employee shall be given a final warning
in writing giving notice of disciplinary action should the unsatisfactory work
performance or conduct not cease immediately.
(v) If the
employee's work performance or conduct does not improve after the final warning
further disciplinary action may be taken.
(vi) All formal
warnings shall be in writing.
(vii) Delegates
shall be provided reasonable time without loss of pay, to represent members in disciplinary
matters at the local level, provided prior approval is sought. Such approval
shall not be unreasonably withheld.
D. Penalties
After complying with the requirements above, the
employer may:
(i) Demote the
employee to a lower paid position, provided that the employee shall not suffer
a reduction in the rate of pay for 2 weeks from the date of the demotion.
(ii) Suspend an
employee without pay from work for a specified period of time.
(iii) Terminate the
employment of the employee.
37. Work
Health and Safety
A. Statement of
Intent
The parties to the Award are committed to co-operating
positively to:
(i) promote the
safety and welfare of workers and other people in the workplace;
(ii) eliminate
unsafe work practices; and
(iii) ensure that
employers and employees understand and comply with their obligations under the
Work Health and Safety Act 2011 (NSW), Work Health and Safety Regulation 2011
(NSW) and associated codes of practice.
B. Specific
Provisions
In the case of extreme and unusual weather conditions
which could be assessed as hazardous, employers will review and conduct a risk
assessment to determine what action, if any, needs to be put in place to
minimise unnecessary exposure and risks to its employees during such unusual
occurrences.
C. Further
Information and Resources
Further information and resources are available from
the following organisations:
(i) Workcover
NSW: www.workcover.nsw.gov.au
(ii) Safe Work
Australia: www.safeworkaustralia.gov.au
38. Termination
of Employment
(i)
(a) An employee in
Operational Band 1 or the Administrative/Technical Trades Band 2 shall give to
the employer two (2) weeks notice of their intention to terminate their
employment.
(b) The notice of
intention to terminate for an employee in Professional/Specialist Band 3 or
Executive Band 4 of the Award shall be the same as that required of the
employer in subclause (iv) of this clause.
If no such notice is provided, the employer shall be
entitled to deduct pay equivalent to the required notice from any entitlements
payable under this Award.
(ii) The employer
and an employee may agree to a shorter period of notice for the purpose of this
subclause.
(iii) In cases of
serious misconduct, the employer may summarily dismiss an employee following a
proper investigation and provided the employee is afforded procedural fairness.
Where an employee is summarily dismissed, subclause (iv) shall not apply.
(iv) The employer
shall give to an employee a period of notice of termination in accordance with
the following scale or by payment in lieu thereof:
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
|
(v) The provision
of this clause shall be read subject to the provisions of Clause 39, Workplace
Change and Redundancy, of this Award.
39. Workplace
Change and Redundancy
(i) Employer’s
Duty to Notify
(a) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer'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.
(b) Where the
employer has made a definite decision to introduce major changes in production,
program, organisation structure or technology that are likely to have
significant effects on employees, the employer shall notify the employee(s) who
may be affected by the proposed changes and the union(s) to which they belong.
(1) Where a
proposed change in organisation structure is likely to have significant effects on employees and/or
result in a reduction in the size of the employer’s workforce, the employer
shall notify the union(s) whose members may be adversely affected by the
proposed change at least twenty-eight (28) days before the change is
implemented.
(2) Notification of
a proposed change may be given either before or after a definite decision is
made. The union(s) may, on being
notified of the proposed change, respond to the employer in writing within the
twenty-eight (28) days, addressed to the general manager. Any such response(s) received by the general
manager shall be provided to the decision maker(s) within seven (7) days. Where the decision to implement the change
has already been made, the decision maker(s) may, in accordance with subclause
(ii)(a) of this clause, reconsider their original decision.
(3) Notice to the
union(s) of a proposed change in organisation structure under subclause
39(i)(b) shall not form part of any notice of termination under subclause
39(v).
(c) Nothing in
this clause prevents the employer from immediately implementing a change in
organisation structure with the consent of the affected employee(s), where the
union(s) to which they belong have been provided at least seven (7) days’
notice of the proposed change.
(ii) Employer's
Duty to Discuss Change
(a) The employer
shall discuss with the employee(s) affected and the union(s) to which they
belong, inter alia, the introduction of the changes referred to in sub-clauses
(i)(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 employer to make the changes referred to in subclause (i)(a) and (b) of
this clause.
(c) For the
purposes of the discussion, the employer 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).
(d) Competitive
tendering - Where employee(s) who are adversely affected by the proposed
changes request the employer’s assistance to submit an in-house bid and the
employer refuses that request, the employer shall provide the reason(s) in
writing.
(iii) Discussion
Before Termination
(a) Where the
employer has made a definite decision that it no longer wishes the job the
employee has been doing done by anyone pursuant to subclause (i)(a) and (b) of
this clause and that decision may lead to the termination of employment, the
employer shall hold discussions with the employee(s) directly affected and with
the union(s) to which they belong.
(b) The discussion
shall take place as soon as it is practicable after the employer has made a
definite decision which shall invoke the provision of paragraph (a) of this
subclause 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.
Measures to mitigate the adverse effect on employees may include consideration
of re-training opportunities, redeployment, recruitment advice, the payment of
relocation allowances, provision of additional notice, access to an employee
assistance program, financial advice and such other assistance as may be
reasonably available.
(c) The employer
shall not unreasonably refuse a request by an employee to work through the notice
of termination period in subclause 39(v) to better enable the employee to
explore opportunities to mitigate the adverse effects of workplace change. During such notice period, whilst the
employee is able to undertake tasks and duties associated with their position,
priority shall be given to activities that may enable the employee to find
employment. Such activities may include,
but not be limited to, training, redeployment opportunities, job interviews,
financial advice and recruitment advice.
(d) For the
purposes of the discussion, the employer 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
effected and the number of employee(s) normally employed and the period over
which the terminations are likely to be carried out. Provided that the employer
shall not be required to disclose confidential information the disclosure of
which would adversely affect the employer.
(iv) Notice to
Centrelink
Where a decision has been made to terminate fifteen
(15) or more employees for reasons of an economic, technological, structural or
similar nature, or for reasons including such reasons, the employer shall
notify Centrelink as soon as possible giving relevant information as provided
at section 530 of the Fair Work Act 2009 (Cth).
(v) 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:
(1) Three (3)
months notice of termination or
(2) Payment in lieu
of the notice in paragraph 1 above. Provided that employment may be terminated
by part of the period of notice specified and part payment in lieu thereof.
(3) Notice or
payment of notice under this paragraph shall be deemed to be service with the
employer for the purposes of calculating leave entitlements under this Award.
(vi) Redundancy
(a) This subclause
shall apply where an employee is terminated due to redundancy except where the
employee concerned has been offered, but has refused to accept, an alternative
position within the employer'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 subclause (v) of this Clause, the
employee shall be entitled to severance pay as follows:
Completed Years of
Service With the Employer
|
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
|
(vii) 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 employer’s
employment until the expiry of the notice period.
(viii) During a
period of notice of termination given by the employer, 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 employer the
employee shall provide proof of attendance at an interview.
(ix) A redundant
employee shall be entitled to the payment of a job search allowance of up to
$2,500 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 employer or until the employee secures alternative employment, whichever is
the sooner.
(x) If the
employee agrees to be redeployed by the employer 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 severance 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 subclause, the
balance of any notice and severance pay that the employee would have been
entitled to for the remainder of the period of salary maintenance shall be paid
on termination.
(xi) The employer
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.
(xii) The employer
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 the Department of Human Services.
(xiii) In the event
that the employer determines that a position is redundant, the employer where
practicable, shall firstly offer such redundancy on a voluntary basis.
(xiv) 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 employers bound by this Award.
(xv) Subject to an
application by the employer and further order of the Industrial Relations
Commission of New South Wales, the employer may pay a lesser amount (or no
amount) of severance pay than that contained in subclause (vi) above if the
employer obtains acceptable alternative employment for an employee.
(xvi) Nothing in this
clause shall restrict an employee with ten years’ service or more and the
employer from agreeing to further severance payments.
(xvii) Nothing in this
clause restricts the elected council from exercising its right under the Local
Government Act 1993 to determine and/or re-determine its organisation structure
from time to time, and to implement such determinations.
40. Council
Agreements
(i) The parties
agree to review operations at the council level on an ongoing basis with a view
to providing enhanced flexibility and efficiency and to meet the particular
working needs of the employer and its employees.
(ii) The terms of
any agreement reached between the parties shall substitute for the provisions
of the Award provided that:
(a) the extent of
the agreement shall be limited to the Award's Clause 9, Performance Evaluation
and Reward; Clause 11, Payment of Employees; Clause 15, subclauses (xi) and
(xii), Travelling and Camping Allowances; Clause 18, Hours of Work; Clause 19,
Overtime; Clause 20, Holidays; Clause 25, Part time Employment; and Clause 27,
Job Share Employment.
(b) the agreement
does not provide less than the entry level rates of pay;
(c) the agreement is
consistent with the Industrial Relations Act 1996 (NSW) and current wage fixing
principles; and
(d) the agreement
shall be processed in accordance with subclause (iii) of this clause. Provided
further that, where the agreement proposes to vary award provisions other than
those nominated in paragraph (a) above, the agreement shall be processed in
accordance with the Enterprise Arrangement Principle.
(iii) A council
agreement shall be processed as follows:
(a) the unions
shall be notified prior to the commencement of negotiations;
(b) the agreement
has been genuinely arrived at by negotiation without compulsion;
(c) the agreement
shall be committed to writing and shall include a date of operation and a date
of expiration;
(d) the employer
and the appropriate union(s) shall sign the agreement and a copy sent to the
Association;
(e) Any party to a
council agreement may at any stage during the above process refer the matter to
the Industrial Relations Commission of NSW.
(iii)
(a) Section 44 of
the Industrial Relations Act 1996 (NSW) relating to the termination of
enterprise agreements shall apply to the termination of council agreements made
in accordance with this clause, and a council agreement may be terminated in
the same manner as an enterprise agreement.
(b) Where a
council agreement is terminated at or after the end of its nominal term by the
giving of written notice to each other party to the agreement, at least three
(3) months’ notice shall be given. The
notice may be served before the end of the nominal term.
(c) Termination of
a council agreement is not effective until all of the parties to the agreement
have been given written notice of the approval to terminate or of service of
the notice of intention to terminate.
41. Savings
and Transitional
(i) The employer
must ensure that employees engaged on incremental scales on or before 8 June
1992, continue to be paid in accordance with the incremental scales as
adjusted. This subclause does not apply in the following circumstances:
(a) if the
employer has an operative training plan which is sufficient to allow
progression at least equal to that under the previous incremental scales;
(b) if an employee
chooses not to undertake training consistent with the employer’s training plan;
and
(c) if the
incremental scale provides a rate of pay less than the Award entry level rate
of pay.
(ii)
(a) No employee
shall receive a reduction in pay as a result of the implementation of this
Award or transfer to a salary system.
(b) Unless
otherwise agreed, employees, including seasonal workers, who are in regular
receipt of penalty rates and/or shift penalties, aggregate rates of pay or
other arrangements that compensate for hours of work shall either continue to
receive such benefits or the payments prescribed by clause 18, whichever is the
higher.
(c) The provisions
in subclause (ii)(b) shall apply where council and enterprise agreements are
terminated.
(d) The provisions
in subclause (ii)(b) shall apply in addition to the Award increases prescribed
by clause 43.
(iii) Where
employees, employed in areas where the employer's office is situated upon or to
the west of a line starting from a point on the right bank of the Murray River
opposite Swan Hill (Victoria), thence by straight lines passing through the
following towns or localities in the order stated, viz: Conargo, Argoon, Hay,
Rankin's Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone,
Coonabarabran, Narrabri, Moree, Warialda, Ashford and Bonshaw; at the time of
making this Award had an entitlement to receive one week's leave of absence
with pay in addition to the annual leave provided at subclause 21D(i) of this
Award, the employee shall retain this entitlement whilst still employed by the
employer at which they were working at the time of the making this Award.
(iv)
(a) West of the Line Allowance
Where employees of the undermentioned council areas and
those employers situated to the west thereof at the time of making this Award
were paid at the rate per week as set out in Table 2 of Part B in addition to
their rate of pay, those employees shall retain this entitlement whilst they
continue to be employed by the employer at which they were working, at the time
of the making of this Award; Moree Plains, Walgett, Narrabri, Coonamble,
Warren, Lachlan, Carrathool, Leeton, Murrumbidgee, Windouran, Murray and
Griffith.
(b) Climatic
Allowance
Where employees working within the area bounded by the
Shires of Snowy River, Tumut and Tumbarumba at the time of the making of this Award,
were paid per week as set out in Table 2 of Part B or part thereof, those
employees shall retain this entitlement whilst still employed by the employer
at which they were working, at the time of the making of this Award.
(c) In addition to
what is provided in paragraphs (a) and (b) of this subclause, the allowances
shall be paid to those employees during periods of absence on paid sick leave,
public holidays and annual leave, but not otherwise.
(v) Where an
employee prior to 11 May 1995, had an entitlement to transfer accumulated sick
leave from one employer to another employer in New South Wales, under the Local
Government Senior Officers' Award the employee shall retain this entitlement.
(vi) The
implementation of this Award shall not result in the removal of any existing
arrangement for an additional payment made by the employer for the payment of
wages, excepting when such payment relates to FID.
(vii) Where an on
call employee has been paid a minimum payment for a public holiday on a regular
basis, such arrangements shall continue, unless otherwise agreed.
(viii) Where a casual
employee engaged in a position on a regular and systematic basis has been paid
casual loading on overtime prior to 1 November 2007, such arrangements shall
continue while such employee is engaged in that position, unless otherwise
agreed.
42. Leave
Reserved
(i) Leave
is reserved for the parties to the Award to apply to vary tool allowances as
set out in Clause 15(vi)(a) and compensation of tools as set out in Clause 15(vi)(d)
of this Award in line with the Crown Employees (Skilled Trades) Award.
(ii) Following any
adjustment to the federal Local Government Industry Award 2010, leave is
reserved for the parties to apply to amend the vehicle allowances as set out in
clause 15(x) and clause 15(xi)(j) of this Award to reflect such adjustment. The
relevant adjustment factor for this purpose is the percentage movement in the
index figure published by the Australian Bureau of Statistics for Eight
Capitals, private motoring sub-group (Cat No 6401.0).
(iii) Following any
adjustment to the federal Local Government Industry Award 2010, leave is
reserved for the parties to apply to amend the meal allowance set out in clause
15(xiv) to reflect such adjustment. The relevant adjustment factor for this
purpose is the percentage movement in the index figure published by the
Australian Bureau of Statistics for Eight Capitals, take away and fast foods
sub-group (Cat No 6401.0).
(iv) Leave
is reserved for the parties to the Award to apply to vary the traineeship wage
rates in Clause 30E(xvi) in accordance with the pay scales derived from the
federal Local Government Industry Award 2010.
(v) Leave is
reserved for the parties to the Award to apply to vary Clause 30, Junior and
Trainee Employment, to reflect industry training needs.
(vi) Leave is
reserved for the parties to apply to vary the Award consistent with the
principles of the Industrial Relations Commission of New South Wales in
relation to the accreditation of employees by the Building Professionals Board.
(vii) Leave is
reserved for the parties to apply to vary the Award to reflect legislative
changes that relate to parental leave.
(viii) Leave is
reserved for the parties to apply to vary Clause 16C, variations to leaseback
fees, to reflect future changes to fringe benefits tax.
(ix) Subject to the
necessary legislative changes occurring, which the parties undertake to pursue,
leave is reserved for the parties to apply to vary Clause 21D, Annual Leave, to
provide that employees may, with the consent of the employer, take annual leave
at either full, half or double pay.
43. Area,
Incidence and Duration
(i) This Award
shall apply to all employers and employees:
(a) in local
government in New South Wales; and
(b) in the local
government industry in New South Wales as defined in this clause.
(ii) In this Award
"local government industry in New South Wales" means all activities
undertaken by local government entities, including activities undertaken by
corporations controlled by one or more local government entities. For the purposes of this subclause a
corporation is controlled by one or more local government entities if one or
more local government entities have the capacity to determine the outcomes of
decisions about the corporation’s financial and operating policies.
(iii) The
Award does not cover those employers and employees:
(a) whose
positions are determined pursuant to section 332 of the Local Government Act
1993 (NSW) to be senior staff positions;
(b) covered by the
Local Government (Electricians) State Award;
(c) covered by the
Nursing Home &c Nurses (State) Award;
(d) covered by the
Charitable Sector Aged and Disability Care Services (State) Award 2003;
(e) covered by the
Charitable, Aged and Disability Care Services (State) Award; and
(f) covered by the
Miscellaneous Workers Home Care Industry (State) Award;
(g) employed by
The City of Sydney;
(h) employed by
Wollongong City Council;
(i) employed by Broken
Hill City Council (that being the County of Yancowinna);
(j) employed by
Newcastle City Council and covered by the Entertainment and Broadcasting
Industry - Live Theatre and Concert (State) Award;
(k) employed by
the Moree Artesian Aquatic Centre and principally engaged in the duties of the
MAAC Ltd Wellness Centre within the premises known as the MAAC Ltd; and
(l) employed by
Newcastle Airport Pty Limited.
(iv) This Award
shall rescind and replace the Local Government (State) Award 2010
published the thirty first day of December, 2010 (370 IG 648) and all
variations thereof.
(v) This Award
shall operate from the commencement of the first pay period on or after the 1
July 2014 and shall remain in force for a period of three years.
(vi) The Award in
column (a) of Table 1 of Part B provides for a 2.6% increase in rates of pay
with a minimum payment of $20.40 per week to operate from the first full pay
period to commence on or after 1 July 2014.
(vii) The Award in
column (b) of Table 1 of Part B provides for a 2.7% increase in rates of pay
with a minimum payment of $21.80 per week to operate from the first full pay
period to commence on or after 1 July 2015.
(viii) The Award in
column (c) of Table 1 of Part B provides for a 2.8% increase in rates of pay
with a minimum payment of $23.20 per week to operate from the first full pay
period to commence on or after 1 July 2016.
(ix) The increases
in rates of pay provided by this Award shall apply to the rates of pay in
employer’s salary system.
(x) The increases
granted by this Award may be absorbed into enterprise increases granted since
29 May 1991 exceeding any award increases since that date, that is an $8 safety
net adjustment and increases of 6%, 2.5%, 2.5%, 3.5%, 3.25%, 3.25%, 2.7%, 3.3%,
3.25%, 3.25%, 4.0%, 3.5%, 3%, 3.2%, 3.2%, 3.2%, 2.6%, 2.15%, 3.25% and 3.25%
provided that the following increases shall not be absorbed:
(a) placement or
progression within the employer's salary system;
(b) increases in
hours of work; and
(c) incorporation of
penalty rates and shift or other allowances into the employee's rate of pay.
(xi) In agreeing to
increases in rates of pay for the term of this Award, the parties recognise
that employers and employees have and shall continue to engage in enterprise bargaining.
Part B
MONETARY
RATES - TABLE 1
Clause 6- Rates of Pay
|
(a)
|
(b)
|
(c)
|
Band/Level
|
Rate Per
|
Rate Per
|
Rate Per
|
|
Week $
|
Week $
|
Week $
|
|
First Pay
|
First Pay
|
First Pay
|
|
Period
|
Period
|
Period
|
|
01/07/14
|
01/07/15
|
01/07/16
|
Operational Band 1
|
|
|
|
Level 1 (Juniors and Trainees)
|
|
|
|
T1 at 15 years of age
|
360.90
|
370.60
|
381.00
|
T2 at 16 years of age or School Certificate
|
450.30
|
462.50
|
475.50
|
T3 at 17 years of age
|
530.00
|
544.30
|
559.50
|
T4 at 18 years of age or over or HSC
|
619.50
|
636.20
|
654.00
|
T5
|
709.50
|
728.70
|
749.10
|
T6
|
766.00
|
786.70
|
808.70
|
T7
|
803.70
|
825.40
|
848.50
|
T8
|
842.40
|
865.10
|
889.30
|
T9
|
881.20
|
905.00
|
930.30
|
T10
|
921.20
|
946.10
|
972.60
|
|
|
|
|
Level 2
|
748.70
|
770.50
|
793.70
|
Level 3
|
804.60
|
826.40
|
849.60
|
Level 4
|
891.00
|
915.10
|
940.70
|
|
|
|
|
Administrative/Technical/Trades Band 2
|
|
|
|
Level 1
|
881.20
|
905.00
|
930.30
|
Level 2
|
1,010.40
|
1,037.70
|
1,066.80
|
Level 3
|
1,209.30
|
1,242.00
|
1,276.80
|
|
|
|
|
Professional/Specialist Band 3
|
|
|
|
Level 1
|
1,010.40
|
1,037.70
|
1,066.80
|
Level 2
|
1,209.30
|
1,242.00
|
1,276.80
|
Level 3
|
1,408.30
|
1,446.30
|
1,486.80
|
Level 4
|
1,707.30
|
1,753.40
|
1,802.50
|
|
|
|
|
Executive Band 4
|
|
|
|
Level 1
|
1,607.40
|
1,650.80
|
1,697.00
|
Level 2
|
2,005.70
|
2,059.90
|
2,117.60
|
Level 3
|
2,503.20
|
2,570.80
|
2,642.80
|
Level 4
|
3,000.50
|
3,081.50
|
3,167.80
|
Note: T stands for Trainee
Clause 30E (xvi) - Traineeship
Wage Rates
|
Highest Year of School Completed
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
School Leaver
|
287.90
|
317.10
|
377.80
|
Plus 1 year out of school
|
317.10
|
377.80
|
439.60
|
Plus 2 years
|
377.80
|
439.60
|
511.60
|
Plus 3 years
|
439.60
|
511.60
|
585.80
|
Plus 4 years
|
511.60
|
585.80
|
|
Plus 5 years or more
|
585.80
|
|
|
|
|
|
|
|
Monetary
Rates - Table 2 Allowances
|
First Pay Period
|
First Pay Period
|
First Pay Period
|
|
01/07/14
|
01/07/15
|
03/09/16
|
|
$
|
$
|
$
|
Clause 15(i) Level 1 Adverse Working Conditions
|
0.37p.h. or
|
0.38p.h. or
|
0.39p.h. or
|
Allowance
|
|
|
|
|
14.20p.w.
|
14.60p.w.
|
15.00p.w.
|
Clause 15(ii) Level 2 Adverse Working Conditions
|
0.99p.h. or
|
1.02p.h. or
|
1.05p.h. or
|
Allowance
|
|
|
|
|
37.70p.w.
|
38.70p.w.
|
39.80p.w.
|
Clause 15(iii) Sewer Chokes
|
8.12p.d.
|
8.33p.d.
|
8.57p.d.
|
Clause 15(vi)(a) Tool Allowances
|
|
|
|
Bricklayer
|
20.00p.w.
|
20.00p.w.
|
20.00p.w.
|
Carpenter & Plumber
|
28.10p.w.
|
28.10p.w.
|
28.10p.w.
|
Metal & Mechanical Trades
|
28.10p.w.
|
28.10p.w.
|
28.10p.w.
|
Painter & Signwriter
|
6.80p.w.
|
6.80p.w.
|
6.80p.w.
|
Plasterer
|
28.10p.w.
|
28.10p.w.
|
28.10p.w.
|
Clause 15 (vi)(d) Insurance Value
|
1628.00p.a
|
1628.00p.a
|
1628.00p.a
|
Clause 15 (x) Vehicle Allowances (cents per km)
|
|
|
|
(a)Under 2.5 litres
|
0.68p.km.
|
0.68p.km.
|
0.68p.km.
|
2.5 litres and over
|
0.78p.km.
|
0.78p.km.
|
0.78p.km.
|
(b)Minimum quarterly payment
|
1889.15
|
1889.15
|
1889.15
|
Clause 15(xi)(f) Travelling Allowances
|
|
|
|
3 - 10 km
|
4.57p.j.
|
4.69p.j.
|
4.82p.j.
|
11 - 20 km
|
7.22p.j.
|
7.41p.j.
|
7.62p.j.
|
21 - 33 km
|
10.46p.j.
|
10.74p.j.
|
11.04p.j.
|
34 - 50 km
|
16.00p.j.
|
16.43p.j.
|
16.89p.j.
|
Each additional 10kms
|
4.30p.j.
|
4.42p.j.
|
4.54p.j.
|
Clause 15(xi)(j) Vehicle Allowance (cents per km)
|
|
|
|
Under 2.5 litres
|
0.68p.km.
|
0.68p.km.
|
0.68p.km.
|
2.5 litres and over
|
0.78p.km.
|
0.78p.km.
|
0.78p.km.
|
Clause 15(xii)(a) Camping Allowance
|
51.30p.n.
|
52.69p.n.
|
54.16p.n.
|
Clause 15 (xiii)(a) Community Language
|
20.20p.w.
|
20.80p.w.
|
21.30p.w.
|
Allowance
|
|
|
|
Clause 15(xiii)(b) First Aid Allowance
|
13.60p.w.
|
14.00p.w.
|
14.40p.w.
|
Clause 15(xiv) Meal Allowance
|
14.35
|
14.35
|
14.35
|
Clause 15(xv) Civil Liability Loading (payable
|
3.5%
|
3.5%
|
3.5%
|
from the first pay period commencing on or after
|
|
|
|
15 December 2006)
|
|
|
|
Clause 19C (iii) On Call Allowance on ordinary
|
17.89p.d.
|
18.38p.d.
|
18.89p.d.
|
working days
|
|
|
|
Clause 19C (iv) On Call Allowance - on other days
|
35.02p.d.
|
35.96p.d.
|
36.97p.d.
|
Clause 19C (v) On Call Allowance - maximum per
|
159.50p.w.
|
163.80p.w.
|
168.40p.w.
|
week
|
|
|
|
Clause 41(iv) Savings and Transitional
|
|
|
|
(a)West of the Line Allowance
|
3.90p.w.
|
3.90p.w.
|
3.90p.w.
|
(b)Climatic Allowance
|
3.90p.w.
|
3.90p.w.
|
3.90p.w.
|
Key:p.h.=per hour
p.a.=per annum
p.d.=per day
p.w.=per week
p.n.=per night
p.km. =per kilometre
p.j. = per journey
SCHEDULE 1
Minimum Standards of Caravan Accommodation to be Provided to Employees
Required to Camp Out
Where employees camp out the employer shall provide suitable
caravan accommodation for the employees concerned in accordance with the
following minimum standards:
(a) Caravans shall
be of such size as to provide adequate space for each employee and no more than
two employees should be accommodated in any one caravan.
(b) The walls and
ceilings of the caravan shall be of sound construction and shall be insulated.
Fly screen doors and windows shall be fitted and all openings adequately sealed
against dust and/or weather conditions. Adequate steps shall be provided at
each door.
(c) The floor is
to be covered with vinyl tiles, linoleum or other acceptable standard floor
covering.
(d) Reverse cycle
or refrigerated air conditioning or other agreed cooling device and/or heater
shall be provided in each caravan and shall be appropriately maintained.
(e) Two separately
located suitable bedding shall be provided together with suitable mattresses.
(f) A fixed
separate table shall be provided with two separate seats and brackets so as to
provide for the taking of meals comfortably.
(g) A wardrobe
shall be provided for each employee, ensuring adequate clothes hanging space,
fitted with shelf.
(h) A personal bed
locker shall be located at each bed. This shall consist of at least one shelf
and door.
(i) Each camp
shall be supplied with an electric generator or other suitable power source that
is of the low decibel type and the generator shall be housed in such a manner
so as to provide for noise insulation. The generator shall be sufficiently
powerful so as to service each appliance that is within or is associated with
the use of the van. Generators shall be appropriately maintained.
(j) Adequate
electric lighting shall be installed in the caravan and sufficient external
lighting shall be provided so as to allow for safe access to toilet facilities
and vehicles.
(k) Each caravan
shall be equipped with a suitable refrigerator; a stovette with two burners and
a griller and, where such stovette is an l.p.g. stovette, shall be fitted with
safety tap. A sink with basin pump connected to a storage water tank of
sufficient capacity shall be provided. The water tank shall have an external
tap. An adequate supply of cool drinking water shall be provided.
(l) A food and
utensils storage cabinet suitably equipped with pots, pans and kettle and
sufficient bench space shall be provided to allow for the preparation of meals.
(m) Showering
facilities shall be included in the caravan. Each shower cubicle shall be
provided with a shower curtain and rod, soap holder, hot and cold water and
non-slip floor. Soap and other suitable cleaning agents shall be provided for
employees taking showers, such cleaning agents should be of a type that will
safely remove an unwanted substance with which the employee has come in
contact. Adequate lighting and ventilation shall be provided in the shower
area.
(n) The carrying and storage of fuel and
employer stores within the internal frame of the caravan will not be permitted
under any circumstances. Employers shall provide for the safe keeping of
employees tool kits and personal belongings, including when employees are off
the site. Provision shall be made to allow for safe storage of hand tools and
other equipment during meal and other breaks.
(o) Kerosene
heating, cooking and/or lighting are not considered to be suitable facilities.
(p) Suitable
cleaning equipment shall be provided together with storage facilities for such
equipment.
(q) Access to and
egress from all amenities shall be kept clear at all times.
(r)
(i) Garbage bins,
which are vermin/fly proof with secure lids shall be provided together with
removable and sealable bin liners.
(ii) Adequate
toilet facilities shall be provided and positioned to provide privacy and so as
to preclude odours reaching meal and/or accommodation facilities.
(s) Washing
facilities shall be provided under cover and an adequate supply of soap and
paper towels shall be provided and replaced as needed. A vermin/fly proof
garbage bin with removable liner and secure lid shall be provided in the
vicinity of the washing facilities and emptied when necessary.
(t) Caravans shall
be regularly inspected for maintenance purposes and a record book kept by
employer indicating the age of the vans and maintenance work carried out on the
vans.
M. J. WALTON J , President
____________________
Printed by the
authority of the Industrial Registrar.