BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(026)

SERIAL C0229

NEW SOUTH WALES LOTTERIES CORPORATION (CONDITIONS OF EMPLOYMENT) 1998 AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Notice of award review pursuant to section 19 of the Industrial Relations Act 1996.

(No. IRC 1152 of 2001)

Before The Honourable Mr Deputy President Harrison

6 April and 7 May 2001

REVIEWED AWARD

Part A

1 Contents

CLAUSE TITLE

1 Contents

2 Definitions-General

3 Contract of Employment

4 Salaries

5 Flexible Working Hours

6 Overtime

7 Shiftwork

8 12-Hour Shiftwork

9 Public Holidays

10 Employees Finishing Work Late at Night or Commencing Work Early in the Morning

11 Transferred Employees

12 Compensation for Business Travel

13 Salary Related Allowances

14 Expense Related Allowances

15 Leave

15.1 General Provisions

15.2 Maternity Leave

15.3 Adoption Leave

15.4 Parental Leave

15.5 Leave Without Pay

15.6 Family & Community Service Leave

15.7 Recreation (Annual) Leave

15.8 Annual Leave Loading

15.9 Sick Leave

15.10(a) Sick Leave Worker’s Compensation

15.10(b) Sick Leave - Other Than Workers’ Compensation

15.11 Military Leave

15.12 Other Forms of Paid Leave

15.13 Concessional Leave

15.14 Personal/ Carer’s Leave

15.15 Extended (Long Service) Leave

16 Time Off For External Study and Staff Development and Training Activities

17 Recruitment, Selection and Appointment

18 Sickness - Medical Examination

19 Organisational Change and Managing Displaced Employees

20 Negotiating the Next Award

21 Intentions of the Parties

22 Savings of Rights

23 Anti-Discrimination

24 Grievance and Dispute Resolution

25 Area, Incidence and Duration

PART B

Schedule 1 - Expense Related Allowances

Schedule 2 - 12 Hour Shiftwork Rosters - 8 Week Rotations

Schedule 3 - Calculation of Annualised Shift Loading

2 Definitions - General

"Act" means the State Owned Corporations Act 1989.

"Corporation" means the New South Wales Lotteries Corporation which was established as a Statutory State Owned Corporation under the Act by the New South Wales Lotteries Corporatisation Act 1996.

"Chief Executive Officer" means the Chief Executive Officer of NSW Lotteries Corporation as defined by the Act.

"Association" means the Public Service Association and Professional Officers Association Amalgamated Union of New South Wales.

"2000 Salaries Award" means the NSW Lotteries Corporation (Salaries and Allowances) 2000 Award published 15 May 2000 (320 IG 147).

"Employee" means a Full-time employee, Part-time employee or Temporary employee as defined below but excluding Casual employee and Executive or Specialist staff employed under an individual contract of employment.

"Full-time employee" is a person employed on ordinary hours of work on a regular ongoing basis, either under a flexible working hours arrangement or an agreed fixed starting and finishing times arrangement, or in rostered shiftwork.

"Part-time employee" is a person employed for less than the ordinary hours of work of an equivalent full-time employee and who has regular employment on an ongoing basis, either under a flexible working hours arrangement, or under an agreed fixed starting and finishing times arrangement, or in rostered shiftwork.

"Temporary employee" is a person employed for a limited and specified period of up to twelve months in duration, either on a full-time or part-time basis, except where extended with the approval of the Chief Executive Officer or delegate.

"Casual employee" is a person employed on an irregular, intermittent and hourly basis without any commitment from either party to an ongoing employment relationship.

"Minimum Daily Contract Hours" means the standard full-time contract hours for a day or a shift which are:

• Hours for employees under Clause 5 Flexible Working Hours conditions;

• 7 Hours for employees, other than Security Officers, working under Clause 7.2 Shift Allowance conditions;

• 8 Hours for Security Officers working under Clause 7.1 Shift Allowance conditions; or

• 10 Hours for employees working under Clause 8, 12 Hour Shift Work conditions.

"Ordinary Hours of Work" shall be 35 hours per week, or an average of 140 hours in a four week period, with the exception of Security Officers whose ordinary hours of work shall be 38-hours per week, or an average of 152 hours in a four week period.

"Ordinary Rate of Pay" means the rate of pay for Ordinary Hours of work, excluding overtime, shift allowances, weekend penalties and all other allowances not regarded as salary.

"Public Holiday" means the days prescribed under Clause 9 of this Award as Public Holidays.

"Overtime" means all time worked at the direction of the Corporation, whether before or after the ordinary daily hours of work, which from its character or from special circumstances, cannot be performed during the employee's ordinary daily hours of work. Where a flexible working hours scheme is in operation, overtime shall not be worked within the bandwidth of that scheme. In the case of shift workers, "ordinary daily hours" means the rostered hours of work.

"Call Back" means those occasions where an employee is directed to return to work outside of ordinary hours or outside the bandwidth where a flexible working hours scheme is involved.

"Flexible Working Hours" means a system of attendance whereby individual employees select their starting and finishing times, subject to the convenience of the Corporation, its business needs and work demands.

"Human Resources Manual" means the NSW Lotteries' Human Resources Management Policy and Procedures Manual.

"Seven Day Shift workers" means employees whose shift arrangement involves work over the full seven day week, 365 days per year.

3 Contract Of Employment

3.1 General

(a) Employment (other than for casuals) will be on a fortnightly basis.

(b) Employment will be on a full‑time/part‑time, temporary or casual basis.

(c) All employees of the Corporation covered by this Award will work where nominated from time to time by the Chief Executive Officer or delegate.

(d) All employees will be required to perform the full range of related work activities equivalent to their positions. In addition, the Corporation may direct an employee to carry out such duties as are within the employee’s skill, competence and training provided that such duties are not to be used as a means of de-skilling the employee.

(e) For the purposes of meeting the business needs of the Corporation, the Chief Executive Officer or delegate may require any employee to work reasonable overtime including work on Saturdays, Sundays and Public Holidays or shift work at the rates prescribed by this Award.

(f) Whenever a staff member (or the Association on behalf of a member) is dissatisfied with any circumstance of employment, the Grievance and Dispute Resolution Procedures prescribed in Clause 23 shall be followed.

(g) Employees will be expected to be committed to corporate values; the achievement of corporate goals including provision of quality customer service; and demonstrate a willingness to participate in continuous improvement programs.

(h) Except as otherwise specified in this Award, an employee shall bear the cost of travel to and from work.

(i) Where an employee is supplied with clothing and/or equipment in relation to their work, such clothing or equipment must be used in conformance with prevailing occupational health and safety standards.

3.2 Hours Of Work

(a) The standard hours of work to be observed shall be from 8.30 am to 4.30 pm to be worked Monday to Friday inclusive.

(b) Where employees observe flexible working hours, the provisions of Clause 5‑Flexible Working Hours shall apply.

(d) Where employees work under rostered shiftwork, the provisions of Clause 7 shall apply, excepting employees working under a rostered 12 hour shiftwork arrangement where Clause 8 shall apply.

3.3. Part- Time Work And Job Sharing

Any request by an employee for a part‑time work or job sharing arrangement, or other variation to full‑time employment, will be genuinely considered by the Corporation.

3.4 Temporary Employees

(a) A temporary employee shall be employed according to the conditions of this Award for a limited and specified period up to twelve months.

(b) A temporary employee may not be employed for a continuous period in excess of twelve months - unless approved by the Chief Executive Officer or delegate.

3.5 Casual Employees

(a) Casual employees have no entitlement to any award provision other than those contained in this subclause.

(b) A casual employee shall receive an hourly rate of one thirty-fifth of the appropriate weekly rate of salary, plus a casual loading of 12 ½ % - which is in lieu of all other entitlements specified in this Award, plus compensation of 4/48ths of earnings for annual holiday pay

(c) A casual employee who is employed as a Security Officer shall receive an hourly rate of one thirty-eighth of the appropriate weekly rate of salary plus a casual loading of 15% - which is in lieu of all other entitlements specified in this Award, plus compensation of 4/48ths of earnings for annual holiday pay.

(d) Casual employees are engaged on an hourly basis and paid accordingly.

(e) Casual employees will be paid fortnightly for hours worked.

(f) Where the period of engagement on any one day exceeds five hours an unpaid meal break of at least half an hour must be taken.

(g) Casual employees will be entitled to payment for overtime in accordance with the provisions of this Award only when the contracted hours per day are exceeded.

(h) Casual employees are entitled to long service leave as provided for in the Long Service Leave Act 1955.

3.6 Special Work Requirements - Allowances

(a) The Chief Executive Officer may approve the payment of a specialist, skill shortage or market allowance to employees with specific skills required by the Corporation.

(b) The Chief Executive Officer may approve the payment of additional allowances to an individual employee where there are special work requirements or unusual circumstances.

3.7 Termination Of Employment

(a) Employment may be terminated by either party (the employee or the Corporation) by giving two weeks written notice.

(b) The Corporation may give two weeks pay in lieu of notice.

(d) Employees who have given or been given notice, and absent themselves from duty without acceptable proof (the onus of proof lies with the employee) will be deemed to have abandoned employment and will only be paid for any work performed during the period of notice.

4 Salaries

4.1 Rates Of Pay

The rates of pay will be as prescribed by the 2000 Salaries Award.

4.2 Job Evaluation

The rates of pay to be paid to employees of the Corporation, as prescribed by the 2000 Salaries Award, will be based on evaluations conducted in accordance with an agreed job evaluation methodology.

4.3 Increments

(a) Payment

(i) The payment of an increment under this Award shall be made only with the prior approval of the Chief Executive Officer or delegate.

(ii) The payment of an increment to an employee is subject to satisfactory conduct and satisfactory performance of duties.

(iii) Where a salary scale prescribes an increment according to age, that increment shall be paid on the due date.

(b) Deferral

(i) The payment of an increment may be deferred from time-to-time, but may not be deferred for more than twelve months at any one time.

(ii) An employee must be promptly notified in writing by the Chief Executive Officer or delegate of any decision to defer payment of an increment.

5 Flexible Working Hours

5.1 General

A flexible approach to hours of work will be adopted provided that the business needs of the Corporation are met. A Flexible Working Hours system is established for employees (except those employees working shiftwork) whereby individual staff may select their starting and finishing times, subject to the convenience of the Corporation, its business needs and work demands.

5.2 Hours Worked

(a) An individual employee may select starting and finishing times from day-to-day within the bandwidth, subject to core time.

(b) Where on any day it appears that work will not be available for an employee prior to a specified time, not being a time later than the commencement of standard hours, nothing in 5.2(a) shall prevent the employee being directed not to commence work prior to such specified time.

(d) The Corporation may require an employee to work the minimum daily contract hours on any day.

(e) An employee may only accumulate credit hours in excess of the minimum daily contract hours where the supervisor is satisfied that work is available and it is convenient to the Corporation for the employee to work.

(f) Nothing in this Clause shall prevent the Corporation requiring an employee or group of employees to revert to working standard hours pursuant to 3.2 (a) where it is evident that an employee or group of employees is not observing the conditions of this Clause and associated administrative instructions, or not maintaining a satisfactory level of conduct or performance of work.

5.3 Bandwidth

(a) Bandwidth is the period during the day when an employee may record time worked.

(b) The maximum bandwidth shall be ten and a half hours, the earliest starting time being 7.30 a.m. and the latest finishing time being 6.00 p.m.

(c) Time may be credited to an employee for attendance outside this bandwidth, if a prior mutual agreement is reached between the employee and the supervisor for each occasion, and approved by the divisional head.

5.4 Coretime

(a) Coretime is the period during the day when all employees are required to be at work, unless on authorised leave.

(b) The luncheon period is not part of coretime.

(d) Where exceptional personal circumstances can be demonstrated, coretime may be varied by agreement between an employee and the supervisor/ manager and approved by the divisional head for a specified period. Such an arrangement will be subject to review at no greater than six monthly intervals.

5.5 Luncheon Period And Meal Breaks

(a) An employee shall be entitled to take a luncheon period of one hour during the span 11.30 am to 2.30 pm.

(b) An employee may extend the luncheon period to a maximum of 2½ hours, but only with the prior approval of the supervisor. Such an extension must not prevent the proper functioning of the Corporation or the specific work area to which the employee is attached.

(d) An employee will not be required to be at work for more than five hours from the time of commencement without a luncheon break.

5.6 Contract Hours

(a) The daily contract hours for employees on flexible working hours is seven hours on each normal working day and may be varied as in 5.8 (a). Therefore an employee’s contract hours for each four weekly settlement period shall be 140 hours (4 x 35).

(b) An employee's contract hours shall be the basis for determining whether that employee has accumulated credit or debit hours during any settlement period.

(c) Where leave for part of a day is taken, the absence shall be calculated to the next whole hour and added to the hours worked to determine the total accumulated hours for that day.

5.7 Settlement Period

(a) For the purpose of this Clause a settlement period shall be four weeks.

(b) Where mechanical time recording equipment is used, clocks shall be read at 6 pm on the last day of each settlement period.

5.8 Accumulation And Carry Over

(a) An employee may accumulate credit or debit hours throughout a settlement period, up to a carry forward maximum of ten hours credit/debit by working varied hours to the daily contract hours referred to at 5.6 (a) subject to work availability and business needs.

(b) Where an employee's accumulation of credit hours at the end of a settlement period exceeds ten hours, the excess hours shall be forfeited.

(c) Where an employee's accumulation of debit hours at the end of a settlement period exceeds ten hours, the excess hours accumulated shall be debited against the employee's accrued recreation leave or, should the employee have no such leave available, shall be taken as leave without pay.

(d) Except when flex leave is taken in accordance with 5.9, when any form of leave including leave without pay is taken, the equivalent time charged up to a maximum of seven hours on any one day shall be manually credited to an employees flexible working hours record.

5.9 Flexi-Leave

(a) An employee may elect to take a maximum of eight (8) hours flex leave in a settlement period. This may be taken as one (1) full day, or two (2) half-days, or one (1) half-day and two (2) quarter days, or four (4) quarter days during a settlement period.

(b) An employee shall obtain the approval of the supervisor prior to proceeding on flexi-leave. It is not necessary for an employee to have a credit balance when taking flexi‑leave.

(c) A half-day flexi-leave must either precede the period of work for the day or follow the period of work for that day, i.e. a period of at least three (3) hours must be worked during the bandwidth, either before or after flexi -leave.

(d) Where a half day flexi - leave is to be combined either with Recreation (Annual) Leave or Study Time so as to take a full day's absence from work, the absence may comprise either three (3) hours Recreation (Annual) Leave /Study Time and four (4) hours flexi-leave, or four (4) hours Recreation (Annual) Leave/ Study Time and three (3) hours flexi-leave.

(e) Quarter days flexi-leave (ie two [2] hours absence) may not be combined with other forms of leave or study time to make up a full day's absence from work.

(f) Flexi-leave may be taken before or immediately after recreation (annual) leave. It may not be taken during a period of recreation (annual) leave.

(g) Two full days flexi-leave may not be taken on consecutive working days, where those days are in adjoining settlement periods.

5.10 Commencement Or Cessation Of Work During Coretime

(a) Where an employee commences work after the commencement of coretime, including resumption following cessation of the luncheon (span) period, the employee shall apply for the appropriate amount of recreation (annual) leave, calculated in multiples of one hour. Where the employee has no recreation leave credit, the employee shall apply for the appropriate equivalent amount of leave without pay.

(b) Where the employee immediately commences work upon arrival, the time worked shall be added to the employee's credit hours.

(c) Where an employee ceases work prior to the end of coretime, the employee shall be debited the appropriate amount of recreation (annual) leave calculated in multiples of one hour, or where the employee has no recreation (annual) leave to credit, leave without pay.

5.11 Disruption Of Transport

(a) Notwithstanding any other provision in this Award, where an employee encounters a disruption to the mode of transport normally used in travelling from the employee's place of residence to place of employment and such disruption is caused by a transport strike or a major transport delay, the following conditions shall apply, subject to the Corporation ensuring sufficient staff are available to provide adequate service to the public:

(i) the employee may commence work at any time and where the disruption continues throughout the day, may cease work at any time;

(ii) an employee affected by such a disruption will not be debited recreation (annual) leave if the employee commences work after the beginning of coretime. Time worked on such days will accumulate in the normal way;

(iii) the employee may elect to take off the full day as flexi-leave where the disruption is reasonably likely to continue throughout the day; and

(iv) flexi-leave taken during such disruptions shall be recorded as over and above the normal flexi-leave to which the employee is entitled under this Award.

(b) The application of the above provisions shall be at the discretion of the Chief Executive Officer or delegate. In exercising this discretion, the Chief Executive Officer or delegate shall have regard to all the relevant circumstances, including:

(i) the delayed employee's usual time of arrival at the employee's place of employment;

(ii) where the disruption was foreseeable, the employee made reasonable attempts to arrive at the place of employment prior to the commencement of coretime; and

(iii) such information relating to the disruption as may be available from the relevant transport authority.

5.12 Travelling On Official Business

(a) Any travel on official business during the Standard Hours on a working day shall be treated as time worked for the purposes of this Clause.

(b) Employees shall be compensated for travelling time outside the Bandwidth in accordance with Clause 12 - Compensation for Business Travel.

5.13 Transfer To Other Locations

(a) An employee transferred from one location to another shall carry credit or debit hours to the new location.

(b) An employee relieving in another work area shall comply with the approved working hours arrangements applying to that area.

5.14 Termination Of Service

(a) Where an employee gives notice of resignation or retirement the employee shall, during the period of notice, take all reasonable steps to eliminate any accumulated credit or debit hours.

(b) The Corporation shall, as far as practicable, facilitate the elimination of accumulated credit or debit hours by such employees.

(c) Where an employee has an accumulation of debit hours at the completion of the last day of service, the accumulated recreation (annual) leave or moneys owing to that employee shall be adjusted accordingly.

(d) An employee may receive compensation for accumulated credit hours outstanding on the last day of service:

(i) where an employee's service terminates without notice for reasons other than misconduct;

(ii) where an application for a period of flexi-leave which would have eliminated the accumulated credit hours was made pursuant to this Clause during the period of notice of retirement or resignation and was refused.

5.15 Co-Lateral Agreement

Where the standard provisions of this Clause 5 - Flexible Working Hours are impracticable for any group of employees, nothing in this Award will prevent the amendment of this Clause 5, by agreement between the parties.

6 Overtime (Excluding Shift Workers)

6.1 The provisions of the Clause shall not apply to shift workers as defined. For provisions pertaining to overtime for shift workers see Clause 7.

6.2 Overtime shall be worked and paid with the prior approval of the appropriate manager except where call back provisions apply.

6.3 Rates

Overtime shall be paid at the following rates:

(a) Weekdays

All overtime worked outside the employee's ordinary hours of work Monday to Friday, inclusive, at the rate of time and one-half for the first two hours and at the rate of double time thereafter until relieved from work;

(b) Saturdays

All overtime worked on a Saturday at the rate of time and one-half for the first two hours and at the rate of double time thereafter;

All overtime worked on a Sunday at the rate of double time;

(d) Public Holidays

All overtime worked on a Public Holiday at the rate of double time and one half.

(e) If an employee is absent from work on any working day during any week in which overtime has been worked, the time so lost may be deducted from the total amount of overtime worked during the week, unless the employee has been granted leave of absence for recreation or on account of illness or unless, in the opinion of the Corporation, the absence has been caused by circumstances beyond the employee's control.

(f) An employee who works overtime on a Saturday, Sunday or Public Holiday shall be paid for a minimum of three hours work at the appropriate rate.

6.4 Rest Periods

(a) An employee who works so much overtime between the termination of ordinary hours of work on any day and the commencement of ordinary hours of work on the next day so that the employee has not had at least eight consecutive hours off work between these times, shall on completion of such overtime, be entitled to be absent until eight consecutive hours have elapsed without loss of pay for ordinary working time occurring during such absences.

(b) Where an employee, on direction from the supervisor, resumes or continues work without having had eight consecutive hours off work then such employee shall be paid at the rate of double time until released from work. The employee shall then be entitled to eight consecutive hours off work provided that such absence shall be without loss of pay for the ordinary working time occurring during the absence.

6.5 Call Backs

(a) An employee recalled to work overtime after leaving the Corporation's premises shall be paid for a minimum of three hours work at the appropriate overtime rates.

(b) The employee shall not be required to work the full three hours if the job can be completed within a shorter period.

(c) A call back commences when the employee commences work (excluding travel from home) and terminates when the work is completed (excluding travel to home).

(d) An employee recalled to work as defined in (a) above within three hours prior to the commencement of usual hours of work shall be paid at the appropriate overtime rate from the time of recall to the time of commencement of such normal work.

(e) Sub-clause 6.5 (a) to (c) shall not apply in cases where it is customary for an employee to return to the Corporation's premises to perform a specific job outside the employee's ordinary hours of work, or where overtime is continuous with the completion or commencement of ordinary hours of work. Overtime worked in these circumstances shall not attract the minimum payment of three hours unless the actual time worked is three or more hours.

6.6 Meal Breaks And Allowances

(a) An employee, whether entitled to payment of overtime or not, who properly and reasonably incurs expenses in obtaining a meal and takes an unpaid meal break of 1/2 hour, shall be paid a meal allowance in accordance with 14.2 and Schedule 1 of Part B of this award.

(b) An employee shall not be entitled to the allowances prescribed under this subclause unless the performance of the work was necessary.

6.7 Overtime Barrier

The overtime barrier is the maximum rate for Grade 8 Clerk, as varied from time-to-time, plus $1.00. Employees whose salary, or salary and allowance, exceeds the overtime salary barrier, shall be paid overtime at the overtime salary barrier rate.

6.8 Time Off In Lieu Of Payment

(a) An employee who, at the direction of the Corporation, works overtime may elect to take time off in lieu of payment for all or part of the entitlement in respect of the time so worked. Such time off in lieu shall accrue at the rates specified for overtime in this Award, i.e. such time off in lieu shall accrue at the equivalent computed overtime rate.

Leave in lieu shall be taken:

(i) at the convenience of the Corporation;

(ii) in multiples of one hour;

(iii) within three months of the date of accrual, except where the leave in lieu is for work performed on a Public Holiday, in which case an employee may elect to have such leave in lieu added to recreation (annual) leave credits.

(b) An employee shall be entitled to payment for the balance of any overtime entitlement not taken as time off in lieu.

6.9 Calculation

(a) Overtime shall not be paid for periods of less than one quarter of an hour.

(b) Overtime is not payable for time spent travelling.

7 Shiftwork

7.1 Shift Allowances - Security Officers

(a) A Security Officer employed on a shift shall, for work performed during the ordinary hours of any such shift, be paid ordinary rates plus the following additional shift loadings payable on the relative commencing times of shifts:

	Shift Definition	Loading
1.	Afternoon Shift - means any shift finishing after 6:00 pm and at or before	15%
	midnight.
2.	Night Shift - means any shift finishing after midnight and at or before 8:00 am	15%
3.	Saturday Roster - afternoon and night shift loadings do not apply.	50%
4.	Sunday Roster - afternoon and night shift loading do not apply.	100%
5.	Public Holiday - rostered on - afternoon and night shift loadings do not apply.	150%
6.	Public Holiday - rostered off	100%

7.2 Shift Allowances - Other Than Security Officers

(a) A shift worker employed on a shift shall, for work performed during the ordinary hours of any such shift be paid ordinary rates plus the following additional shift loadings payable on the relative commencing times of shifts:

	Shift Definition	Loading
1.	Day Shift-at or after 6:00 am and before 10:00 am.	Nil
2.	Afternoon Shift-at or after 10:00 am and before 1:00 pm	10%
3.	Afternoon Shift-at or after 1:00 pm and before 4:00 pm.	12½%
4.	Night Shift-at or after 4:00 pm and before 4:00 am.	15%
5.	Night Shift-at or after 4:00 am and before 6:00 am.	10%

These loadings shall only apply to shifts worked from Monday to Friday.

(b) Weekends and Public Holidays

For the purposes of these sub-clauses any shift, which commences on a Saturday, Sunday or Public Holiday shall be deemed to have been worked on a Saturday, Sunday or Public Holiday and shall be paid as such.

(i) Saturday Shift

Shift workers working on an ordinary rostered shift commencing between midnight on Friday and midnight on Saturday, not being a Public Holiday, shall be paid for such shifts at ordinary time and one half.

(ii) Sunday Shifts

Shift workers on an ordinary rostered shift commencing between midnight on Saturday and midnight on a Sunday, not being a Public Holiday, shall be paid for such shifts at ordinary time and three quarters.

(iii) Public Holidays

Where a shift worker is required to and does work on a Public Holiday, whether a full shift or not, the employee shall be paid one and one half day's pay in addition to the ordinary day rate, such payment to be in lieu of weekend or shift allowances which would otherwise be payable had the day not been a Public Holiday. A shift worker rostered off work on a Public Holiday shall be paid one day's pay.

A shift worker rostered off but who is required to work shall be paid in accordance with the appropriate overtime provisions for that day - see 7.3 below.

7.3 Overtime

The following rates are payable for any overtime worked by shift workers and shall be in substitution of, and not cumulative upon, the rates payable for shiftwork performed on Monday to Friday, Saturday, Sunday or Public Holiday.

(a) Monday-Friday

All overtime worked by shift workers Monday to Friday inclusive, outside the rostered hours of work, shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

(b) Saturday

All overtime worked by shift workers on Saturday outside the rostered hours of work shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

All overtime worked by shift workers on a Sunday outside the rostered hours of work shall be paid for at the rate of double time for all time worked.

(d) Public Holidays

All overtime worked on a Public Holiday shall be paid for at the rate of double time and one half.

7.4 Meal Allowances - Overtime Worked

A shift worker, who properly and reasonably incurs expenses in obtaining a meal whilst working approved overtime and takes an unpaid meal break of 1/2 hour, shall be paid a meal allowance in accordance with 14.2 and Schedule 1 of Part B of this Award.

7.5 Additional Compensation For Rostered Work Performed On Sundays And Public Holidays

Shift workers who are rostered to work their ordinary hours of work on Sundays and/or Public Holidays during the period 1 December to 30 November, or part thereof, shall be entitled to receive additional recreation (annual) leave in accordance with 15.7 (d) of this Award.

7.6 Rosters

Rosters covering a minimum period of 28 days shall, where practicable, be prepared and issued at least 14 days prior to their commencement. Each roster shall indicate the starting and finishing time of each shift.

7.7 Notice For Change Of Shift

When unforseen circumstances arise, shift workers may be subject to shift changes at short notice. In such cases, 24 hours notice shall be given of the proposed change. Where such notice is not possible, overtime rates shall be paid for the time so worked until the expiration of such 24 hours.

7.8 Breaks Between Shifts

(a) Where an employee works so much overtime between the termination of his/her shift on one day and the commencement of his/her shift on the next day that he/she has not had at least eight consecutive hours off work between those times, he/she shall be released after completion of such overtime until he/she has had at least eight consecutive hours off work without loss of pay for working time occurring during such absence.

(b) If on the instruction of his/her supervisor, the employee resumes or continues work without having had eight consecutive hours off work, he/she shall be paid at double rates until released from work. Upon release from work the employee shall then be entitled to be absent until he/she has had eight consecutive hours off work without loss of pay for working time occurring during such absences.

7.9 Daylight Saving

(a) At the commencement of daylight saving time, where an employee works shiftwork and one hour less is worked, the employee shall be paid the normal rate for the shift.

(b) At the end of daylight saving time each year, where a shift worker will work an additional hour, such additional hour shall be credited as follows:

(i) For employees on 8 hour rotating shifts, payment shall be made for the additional hour at the normal rate for that shift.

(ii) For employees on 12 hour shifts, the additional hour worked shall be added to rostered time off credits.

7.10 Call Backs

An employee recalled to work outside his/her ordinary rostered shift shall be paid a minimum of three hours overtime at the rate prescribed in 7.3, for each time he/she is so recalled, except where such work is continuous with the commencement of his/her next rostered shift (excluding travel to and from home).

8 12-Hour Shiftwork

8.1 Purpose

(a) This Clause sets out the prescribed conditions of employment applying to the 12 hour shift roster system.

(b) The roster system operates on a 12 hour rotational shift basis for day and night shifts over 7 days per week, 365 days per year.

(c) It provides for the introduction of 4 shift teams to work on a 4 days "on" (2 day shifts followed by 2 night shifts), then 4 days "off" shift working arrangement.

(d) The rosters are designed to provide employees with greatly increased leisure time in comparison to their previous 3 x 8 hour, 7 day rostering system.

(e) The rosters are also designed to enable employees to accrue 30 minutes per shift towards Rostered Time Off - see 8.7.

(f) Employees are allowed to swap shifts with other employees, subject to 8.3(f).

8.2 Definitions

The following definitions apply in this clause:

"Annualised Shift Loading" means the loading calculated by averaging the shift loadings payable to employees, based on the probability of working the shifts on those days set out in 8.4.

"Loaded Salary" means the payment of the "Ordinary Rate of Pay" as defined in Clause 2 Definitions, together with the "Annualised Shift Loading" as defined above.

"12 Hour Shift" means a shift covering a 12 hour period comprising of working time and meal breaks as prescribed in 8.3(c).

"Rostered Time Off" means the accrual of 30 minutes of additional working time by an employee in each 12 hour shift, which is in addition to the 10 hours of ordinary time worked per shift. Rostered Time Off may be taken by an employee as prescribed in 8.7.

8.3 Hours Of Duty And Shift Rosters

(a) Employees will work an average of 35 hours per week over an 8 week rotating shift cycle. This does not include the working of an additional 30 minutes per shift to be accrued as Rostered Time Off.

(b) Day shifts will commence at 7.00am and finish at 7.00pm and Night shifts will commence at 7.00pm and finish at 7.00am. These times may be varied with the agreement of the parties including the affected employees.

(i) 10 hours working time payable at the loaded salary rate of pay;

(ii) A 1 hour unpaid meal break to be taken no later than 5 hours after the commencement of the shift;

(iii) A second paid meal break of 30 minutes duration to be taken no later than 10 hours after the commencement of the shift. This meal break is paid at the ordinary salary rate of pay; and

(iv) An additional 30 minutes of working time to be accrued towards Rostered Time Off.

(d) A copy of the 8 week Rotating Shift Roster is attached at Schedule 2 of Part B of this award. It rosters employees to work 2 day shifts, then 2 night shifts, followed by 4 days off duty.

(e) Notice of any change to shift rosters or teams will be posted on the notice board at least 8 days prior to the end of the immediately preceding 8 week rotating shift roster.

(f) An employee may swap a shift with the mutual agreement of another employee. The responsibility for staffing those swapped shifts rests with the respective employees. If an employee is unable to swap a shift and recreation (annual) leave or rostered time off is not approved for that absence, then it shall be the employee's responsibility to work that shift. No claim shall be considered by the Corporation for additional loadings or overtime as the result of a mutual agreement by employees to swap shifts.

8.4 Annualised Shift Loading

(a) The Annualised Shift Loading of 35.4% of the ordinary rate of pay is a consolidation of :

(i) Working on any day or night shift;

(ii) Working on any Saturday;

(iii) Working on any Sunday;

(iv) Being rostered "off" on any public holiday and rostered "on" on any public holiday - total of 11 public holidays per year;

(v) Working on half day Premier's Concession at Christmas time; and

(vi) Payment for a second meal break of 30 minutes duration on each rostered shift at the ordinary salary rate of pay.

(b) The calculation of the Annualised Shift Loading is attached at Schedule 3 of Part B of this award.

(c) The Annualised Shift Loading shall not be paid when employees are absent from work on any type of leave, except for recreation (annual) leave, 8.9 and 8.10 refers.

8.5 Meal Breaks

(a) During each 12 hour shift, employees shall be allowed two meal breaks:

(i) A 1 hour, unpaid meal break to be taken no later than 5 hours after the commencement of the shift

(ii) A 30 minute paid meal break (paid at the ordinary salary rate of pay) to be taken no later than 10 hours after the commencement of the shift.

8.6 Overtime

(a) All time directed to be worked in excess of the rostered 12 hour shift shall be paid at the following rates, excluding the annualised shift loading:

(i) For excess time directed to be worked before or after the rostered commencing or finishing times, Monday to Saturday, at the rate of time and one half for the first 2 hours and double thereafter.

(ii) For excess time directed to be worked on a Sunday, at the rate of double time.

(iii) For excess time directed to be worked on any public holiday, at the rate of double time.

(b) An employee directed to work a shift on a day the employee is rostered "off" shall be paid overtime in accordance with 8.6(a), excluding those situations where employees have agreed to swap shifts.

(c) Employees shall be entitled to a rest break of at least 10 consecutive hours between the cessation of an ordinary rostered shift and the commencement of the next ordinary shift. Where an employee has not observed a rest break of at least 10 hours prior to the commencement of their next ordinary shift, then that employee shall be paid for that shift at the rate of double time on their ordinary salary rate of pay.

An employee will not be required to be on duty for more than 14 consecutive hours. After being on duty for 14 consecutive hours an employee will take a rest break of at least 10 consecutive hours. Where due to unavoidable circumstances an employee is directed to resume work, without having had a rest break of 10 consecutive hours, payment for the next shift shall be at the rate of double time until the employee is released from duty for 10 consecutive hours. Any rostered working time occurring during such absence shall be paid for at the loaded salary rate.

(d) An employee who has worked at least 1 hour and 30 minutes before the rostered starting time or after the rostered finishing time of a shift shall be entitled to take a meal break of 30 minutes. A meal allowance shall be paid in accordance with 14.2 of this Award.

8.7 Rostered Time Off

(a) Rostered Time Off, as defined in 8.2, accrues at the rate of 30 minutes of working time per rostered 12 hour shift. The maximum that may be accrued is 50 hours at any time.

(b) Rostered Time Off may be taken by each employee, subject to the prior approval of the supervisor/manager and at the convenience of the Corporation.

(c) Rostered Time Off may be used towards the taking of a whole shift or a number of shifts off duty, up to a maximum of 4 shifts.

(d) Rostered Time Off may also be used by an employee to take part of a shift off duty in multiples of one hour units.

(e) Where an employee's employment ceases with the Corporation, then any accrued Rostered Time Off shall be paid to an employee at the loaded salary rate.

8.8 Higher Duties

(a) An employee directed to relieve in a higher graded position for three or more consecutive 12 hour shifts and performs the full range of duties of the position shall be paid the minimum salary rate of the higher graded position for the full period of relief.

(b) Where an employee is directed to relieve in a higher graded position for three or more consecutive 12 hour shifts but does not perform the whole of the duties or the whole of the responsibilities, the employee will be paid an allowance according to the proportion of the duties and responsibilities completed.

8.9 Recreation (Annual) Leave

(a) Recreation (annual) leave shall be converted to the hourly equivalent of the annual entitlement. Recreation (annual) leave may be granted in a minimum of one hour units.

(b) Employees working under this arrangement shall have an entitlement of 5 weeks recreation leave per year (35 hours week basis). This shall be calculated as an annual entitlement of 175 hours, which is the equivalent of 17.5 full 12 hour shifts of 10 hours working time. This shall be in lieu of the additional recreation (annual) leave provided for in 15.7(d).

(c) Any recreation (annual) leave taken shall be debited on an hourly basis against absences within the 10 hours working time of a 12 hour shift.

(d) An employee shall not accrue recreation (annual) leave in excess of 350 hours (35 shifts), unless approval to accrue in excess of the maximum accrual is obtained in accordance with 15.7(i).

(e) Payment for all recreation (annual) leave shall be calculated at the loaded rate of pay and will be in full consideration of annual leave loading provisions.

(f) Each employee working under this arrangement will have the option of cashing in the equivalent of their one weeks' shift workers recreation (annual) leave (ie 35 hours pay) in November each year.

(g) Each employee shall be required to take the equivalent of at least 2 weeks recreation (annual) leave each year, unless the employee has insufficient paid leave available. The minimum would be 8 shift absences made up of not less than 6 shifts equivalent of recreation (annual) leave combined with Rostered Time Off.

8.10 All Other Leave

(a) All other leave shall be paid at the ordinary rate of pay only.

(b) Sick Leave

(i) Sick leave shall be calculated on the annual entitlement of 105 hours (ie 15 x 7 hour days) or the equivalent of 10.5 12 hour shifts (based on 10 hours worked), fully cumulative.

(ii) Employees who transfer to the 12 hour shift roster and have pre-existing sick leave balances shall have such balances converted into hours.

(iii) Any sick leave taken shall be debited in one hour units against absences within the 10 hours working time in a 12 hour shift.

(iv) All other provisions from 15.9 shall apply.

(i) Extended (long service) leave for employees shall apply in accordance with the provisions of 15.15.

(ii) Employees who transfer to the 12 hour shift arrangement and have pre-existing balances shall have such accruals converted to a 12 hour shift basis (based on 10 hours worked).

(d) Other Paid Leave

(i) All other leave such as Family and Community Service Leave, Other Forms of Paid Leave, Paid Maternity Leave, Paid Adoption Leave and Special Sick Leave shall be paid at the ordinary salary rate of pay.

8.11 Study Time

(a) Employees with approved study time may accumulate such time in accordance with 16.11 to allow an employee to accumulate study time in order that a full shift or part of shift may be taken off work, where convenient to both the employee and the Corporation.

8.12 Daylight Saving

(a) At the commencement of daylight saving time, where an employee works shiftwork and one hour less is worked, the employee shall be paid the normal rate for the shift.

(b) At the end of daylight saving time each year, for a shift worker on 12 hour shifts, the additional hour worked shall be added to rostered time off credits.

8.13 Other Conditions

(a) This Clause shall be read and interpreted in conjunction with the other conditions of employment set out in this Award. Where there is any inconsistency between a provision in this Clause and another Clause in this Award, then the provision under this Clause shall take precedence.

9 Public Holidays

9.1 Definitions

The following definitions apply to this clause:

"NSW Lotteries Employees Holiday" refers to the holiday taken on one of the working days between Boxing Day and New Year's Day.

"Local Holiday" means a public holiday that is not a public holiday throughout the State of NSW.

9.2 General

The following days shall be deemed to be public holidays: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, NSW Lotteries Employees Holiday, or any other day duly proclaimed as a Public Holiday in lieu of any of those days, together with any other day duly proclaimed as a Public Holiday throughout the State of New South Wales.

9.3 Nsw Lotteries’ Employees Holiday

(a) The Chief Executive Officer or delegate must, having regard to the requirements of the Corporation, ensure that all staff are to be afforded a day off without loss of pay during the three working days between Boxing Day and New Year's Day.

(b) The Corporation should ensure that no member of staff be required to forego the day's leave during this period. In the unusual circumstances where it is considered necessary for staff to be at work for all three working days, then those employees are to be compensated for one day in the manner prescribed by Clause 6, Overtime, of this Award.

(c) Employees whose salary includes payment for work performed on public holidays who are required to work on the Corporation Employees Holiday are to have one day added to recreation (annual) leave credits and in respect of ordinary hours worked on that day, additional payment at the rate of half time.

9.4 Local Holiday

An employee will be afforded a day off without loss of pay on any proclaimed local holiday subject to the convenience of New South Wales Lotteries.

10 Transport Of Employees Finishing Work Late And Night Or Commencing Work Early In The Morning

Departure or arrival before 5.30am or after 8pm for a rostered shift or overtime does not in itself warrant the provision of transport. Where an employee can demonstrate that for part or whole of a journey to home or to work:

• the normal means of transport, public or otherwise, is not reasonably available; and/or

• travel by such means of transport places the safety of the employee at risk;

then the Corporation shall reimburse the employee for the cost of the taxi fare incurred for such part or whole journey.

11 Transferred Employees

Where an employee of the Corporation transfers to a position involving the relocation between the Sydney Metropolitan area and a regional centre; or, from a regional centre to the Sydney Metropolitan area; or, between regional centres, then financial assistance, including the cost of removal and other expenses, and leave to assist with the move will be subject to negotiation.

12 Compensation For Business Travel

Where an employee is required to travel to a temporary work location, the Corporation shall consider the personal convenience.

12.1 Definitions

The following definitions apply to this Clause.

"Excess Travel" for employees who are required to work at a location other than their normal headquarters, means travelling time outside the ordinary hours of work which exceeds the time normally taken in travelling between the employee’s home and headquarters and return.

"Accommodation Arranged by the Corporation" means accommodation either provided or arranged by the Corporation.

"Prescribed Starting Time" means:

(a) for an employee not working under a flexible working hours scheme - the commencement of ordinary daily hours (as defined below) of the Corporation; or

(b) for an employee working under a flexible working hours scheme - the commencement of bandwidth of the scheme applying to that employee.

"Prescribed Ceasing Time" means:

(a) for an employee not working under a flexible working hours scheme - the conclusion of ordinary daily hours (as defined below) of the Corporation; or

(b) for an employee working under a flexible working hours scheme - the conclusion of bandwidth of the scheme applying to that employee.

"Residence" means the ordinary and permanent place of abode of the employee.

"Ordinary Daily Hours" means:

(a) for the purposes of shift workers, as defined, the shift for which the employee was rostered on the day in question; and

(b) in the case of other employees whose ordinary hours are not specified, the period commencing when the employee commences work at the first work locality or at 8.30 a.m., whichever is the earlier, and continuing until their ordinary daily hours of work have been worked.

"Temporary Work Location" means the place at or from which the employee temporarily performs work.

"Working Day" means any day on which the employee's normal roster or standard hours of work specify that the employee works, but does not include any day on which the employee takes a full day's recreation (annual) leave, flex leave, sick leave, extended (long service) leave, or any other form of a full day's paid or unpaid leave.

12.2 Excess Travelling Time

Where an employee is required to travel outside ordinary hours for work, application may be made for compensation. If it is convenient to the Corporation, equivalent time off in lieu of payment shall be granted for excess time occupied in so travelling, or payment shall be made. Such time off in lieu, or payment, shall be granted subject to:

(a) where travel is on a non-working day for the employee concerned:

(i) only time spent in travelling after 7.00 a.m. shall count; and

(ii) travel was undertaken by direction of the Corporation.

(b) where travel is on a working day only, the time spent in travelling before or after the standard hours, shall count, subject to the conditions in 12.2(c).

(c) (i) There shall be deducted from an employee's total travelling time on any one day, other than a non-working day, the time normally taken for the periodic journey from home to headquarters and return;

(ii) claims of less than one-quarter of an hour on any one day shall be disregarded;

(iii) travelling time shall not include any period of travel between 11.00 pm on any one day and 7.00 am on the following day where the employee has travelled overnight and sleeping facilities have been provided for the employee;

(iv) travelling time shall be calculated by reference to the time that might reasonably have been taken by the use of the most practical and economic means of transport.

12.3 Calculation And Method Of Payment

(a) Payment for excess travelling time calculated in accordance with the provisions of 12.2, Excess Travelling Time of this clause shall be at the employee's ordinary rate of pay on an hourly basis.

(b) The rate of payment for excess travel on a non-working day shall be the same as that applying on a working day.

(c) Employees who are in receipt of a salary in excess of the rate applicable to the maximum rate for Grade 5 Clerk plus $1.00 per year, shall be paid travelling time calculated at the rate applicable to the maximum rate for Grade 5 Clerk plus $1.00 per year, as adjusted from time-to-time.

(d) Time off in lieu, or payment, as the case may be, for excess travelling time will not be granted or made for more than eight hours in any period of 24 consecutive hours.

12.4 Meal Allowances On A One Day Journey

An employee who makes a one day journey on business and who does not require temporary accommodation, shall be reimbursed for actual and reasonable expenses incurred in obtaining a meal subject to the presentation and assessment of receipts.

12.5 Accommodation Expenses - Employee Arranged Accommodation

(a) An employee who:

works at or from a temporary work location; and

is compelled to reside temporarily at a place other than the employee's residence; and

is not provided with accommodation arranged by the Corporation,

shall be either:

(i) reimbursed for actual and reasonable expenses subject to the presentation and assessment of receipts, or

(ii) be paid an allowance, based on the prescribed reasonable limits for Taxation purposes, prescribed in Item 1 of Schedule 1 of Part B of this award, for expenses incurred during the time actually spent away from the employee's residence in order to perform that work, subject to the presentation of a receipt for each night's accommodation and subject to subclause (b),

(b) Where an employee chooses to stay in a private residence during the time actually spent away from the employee's residence to perform that work, then the employee shall be reimbursed for actual and reasonable expenses incurred for meals and other expenses, subject to the presentation and assessment of receipts.

12.6 Accommodation Arranged By The Corporation

(a) Definition

The following definition applies to this sub-clause only:

"Expenses" shall mean any sundry expenses in relation to food, telephone calls, laundry and accommodation in excess of that which would normally have been incurred, had the employee remained at the place of residence.

(b) An employee who:

• performs official work at or from a temporary work location; and

• is thereby compelled to reside temporarily at a place other than the employee's residence; and

• is provided with comfortable accommodation arranged by the Corporation;

shall be reimbursed for any expenses incurred during the time actually spent away from the employee's residence in order to perform that work, subject to the presentation and assessment of receipts.

12.7 Working At Another Location - General Provisions

(a) Accommodation Expenses prescribed under either 12.5 or Expenses under 12.6 are not payable in respect of :

(i) any period that the employee returns to the employee's residence at weekends or public holidays commencing with the time of arrival at that residence and ending at the time of departure from that residence; or

(ii) any period of leave except with the approval of the Corporation or as otherwise provided by this Clause; or

(iii) any other period during which the employee is absent from the temporary work location otherwise than on official business.

(b) An employee who is in receipt of Accommodation Expenses under 12.5 or Expenses under 12.6:

(i) may return to the employee's residence on any weekend or public holiday; and

(ii) shall be reimbursed for any actual and reasonable expenses incurred in connection with the necessary period of travel by the employee.

(c) The Corporation may require an employee, who is in receipt of Accommodation Expenses under 12.5 or Expenses 12.6, to return to the employee's residence if that return would achieve a cost saving to the Corporation.

(d) Where an employee, who is in receipt of Accommodation Expenses under 12.5 or Expenses under 12.6 cannot return to the employee's residence without being absent from work, the employee may, on occasions and in the manner prescribed by 12.7(e) and 12.7(f), be granted Paid Leave sufficient to permit the employee to return to that residence at weekends and there to spend at least two consecutive days and nights.

(e) Paid Leave as in (d) may be granted after the employee concerned has worked at the temporary work location for three weeks. Thereafter such leave may be granted in respect of each further period of work of four weeks.

(f) Notwithstanding 12.7(e), Paid Leave under 12.7(d):

(i) may be granted at Christmas and Easter, where Paid Leave for the appropriate three or four weekly period has not already been granted; and

(ii) is forfeited for the appropriate three or four weekly period if the leave is not taken at the time at which it falls due, or where the leave could not be taken at that time because of the Corporation's business priorities, (if the leave is not taken on the next weekend convenient to the Corporation); and

(iii) where a period of service at one temporary work location is immediately followed by another such period at a different temporary work location - shall be calculated as though those periods of work were a single period at a single location.

(g) An employee who is in receipt of Accommodation Expenses under 12.5 or Expenses under 12.6 and who is granted Paid Leave under 12.7(d) shall be reimbursed for any actual and reasonable expenses incurred in connection with the necessary period of travel by the employee for:

(i) the journey from the temporary work location to the employee's residence; and

(ii) the return from the employee's residence to the temporary work location,

but is not entitled to Accommodation Expenses under 12.5 in respect of the same period.

(h) An employee who is in receipt of Accommodation Expenses under 12.5 or Expenses under 12.6 and who, in ceasing to perform work at a temporary work location, leaves that location, shall be reimbursed for actual and reasonable expenses in respect of the necessary period of travel to return to the employee's residence or to take up work at another location.

12.8 Claims For Payment

(a) Payment in advance: The Corporation may approve applications for advance payments of travelling expenses. Such applications should detail the approximate expenditure anticipated.

(b) Time for submitting claims: Claims should be submitted within one month from the completion of the work.

12.9 Payment For The Use Of Private Motor Vehicles

Payment for the use of private motor vehicles shall be as specified in 14.3 and Schedule 1 of Part B of this award.

13 Salary Related Allowances

13.1 Higher Duties

(a) An employee, who during a period of relief in another position covered by the 2000 Salaries Award, satisfactorily performs, in the opinion of the Chief Executive Officer or delegate, the whole of the duties and assumes the whole of the responsibilities of that position which, during that period, would ordinarily have been performed and assumed by the substantive occupant, shall, subject to this clause, be paid by allowance any difference between the employee's present salary and the minimum salary for the position in which relief is afforded.

(b) An employee, who during a period of relief in another position covered by the 2000 Salaries Award, does not perform the whole of the duties or assume the whole of the responsibilities of that position which, during that period, would ordinarily have been performed or assumed by the employee appointed to that position shall, subject to this clause, be paid that proportion of the allowance referred to in 13.1(a) as determined by the Chief Executive Officer or delegate.

(c) Except where the Chief Executive Officer or delegate otherwise determines, an allowance shall not be paid under this clause in respect of periods of relief of less than five complete and consecutive working days or in the case of employees working under the twelve hour shift pattern, not less than three consecutive twelve hour shifts.

(d) During any period of relief in another position, an allowance shall not be paid under this clause in respect of any period of leave, exceeding five complete and consecutive working days, taken by the employee.

(e) An employee relieving in another position shall not thereby suffer any reduction in salary or wage.

(f) Notwithstanding, 13.1(c), if an employee affords part-time relief in a position on a continuing basis, an allowance shall be paid under this clause calculated on a pro rata basis based on the average number of hours worked per week divided by the full - time equivalent hours.

13.2 First Aid Allowance

(a) Allowances as set out in Clause 5 of the New South Wales Lotteries Corporation (Salaries & Allowances) 2000 Award shall be paid to employees appointed as First Aid Officers with the following First Aid qualifications:

(i) holders of a current First Aid Certificate; or

(ii) holders of current Occupational First Aid Certificate or a qualification deemed equivalent in the Occupational Health and Safety (First Aid) Regulation 1989.

(b) The First Aid Allowance shall be paid during a period of Recreation (Annual) Leave, Extended (Long Service) Leave or Sick Leave or any combination of paid leave of up to one week.

(c) Where the First Aid Officer is absent on leave for a period of one week or more, an employee selected to perform the duties of First Aid Officer may be paid a pro rata allowance if the full duties are assumed.

13.3 Community Language Allowance

(a) Employees who possess a basic level of competence in a community language and who work in locations where their community language can be utilised to assist clients and are:

(i) have passed a test conducted by an accredited organisation;

(ii) are not employed as interpreters and translators; and

(iii) not employed in those positions where particular language skills are an integral part of essential requirements of the position,

shall be paid an allowance as listed in Clause 5 of the New South Wales Lotteries Corporation (Salaries & Allowances) 2000 Award.

b) The Community Language Allowance shall be paid during periods of Recreation (Annual) Leave, Extended (Long Service) Leave or Sick Leave or a combination of up to one week.

13.4 Adjustment Of Allowances

The allowances provided for in this clause are adjusted in line with movements to Salaries.

14 Expense Related Allowances

14.1 Definitions

The following definitions apply to this clause.

"Prescribed starting time" means 7.30 am for employees working under a flexible working hours scheme or the scheduled shift starting time for shift workers or the nominated starting time for staff not working under a flexible working hours scheme.

"Prescribed ceasing time" means 6.00 pm for employees working under a flexible working hours scheme or the scheduled shift finishing time for shift workers or the nominated finishing time for staff not working under a flexible working hours scheme.

14.2 Meal Breaks And Allowances

(a) An employee, when directed to work overtime and who incurs an expense in obtaining a meal and takes a minimum of 1/2 hour unpaid meal break, shall be paid a meal allowance, at the rate set out in Item 2 of Schedule 1 - Expense Related Allowances of Part B of this award, when required to:

(i) Commence work at least 1 1/2 hours before the prescribed starting time.

(ii) Work at least 1 1/2 hours after the prescribed ceasing time.

(iii) Work more than 5 hours overtime beyond the prescribed ceasing time.

(iv) Work more than 5 hours when called back to work. If more than 8 1/2 hours is worked on such an occasion, not including the meal breaks, then a subsequent meal allowance is payable.

(v) Work more than 5 hours on a day which is not the employee's usual or rostered day of work. If more than 8 1/2 hours of overtime is worked on such an occasion, not including the meal breaks, then a subsequent meal allowance is payable.

(b) An unpaid meal break of at least 1/2 hour shall be taken by each employee in each circumstance defined above.

(c) The quantum of these meal allowances shall be reviewed by the parties prior to the expiry of this Award and will be increased in line with movements in the Consumer Price Index for the Sydney Metropolitan Area, as published by the Australian Bureau of Statistics.

14.3 Use Of Private Motor Vehicle

(a) An employee who, with the approval of the Corporation, and a Corporation motor vehicle is unavailable, uses a private motor vehicle for the conduct of the Corporation' business shall be paid an allowance as set out in Item 3 of Schedule 1 - Expense Related Allowances of Part B of this award.

(b) An allowance shall not be paid under (a) to an employee using a private motor vehicle on the Corporation’s business unless the employee has in force, while using the vehicle on the Corporation' business, either:

(i) a comprehensive or a third party property motor vehicle insurance policy; or

(ii) a third party property motor vehicle insurance policy, and the employee guarantees that the Corporation shall not be liable for any loss or damage to the employee’s vehicle.

(c) Where a Corporation fleet motor vehicle was not available for a journey but the Corporation is of the opinion that public transport was reasonably available for the journey, the amount of any allowance paid under (a) shall not exceed the cost of the journey by public transport.

(d) Where a private vehicle is damaged while being used on official business the normal excess insurance charges where prescribed by insurers shall be reimbursed by the Corporation.

(e) The Corporation shall reimburse to an employee the costs of repairs to broken windscreens where the use of a private vehicle had been approved for official business and the costs cannot be met under insurance policies due to excess clauses.

(f) Expenses such as tolls etc. shall be refunded to employees using private motor vehicles on official business and where the charge was incurred for travel on such official business.

(g) Except as otherwise specified in this Award, an employee shall bear the cost of travel to and from work.

14.4 Garage Allowance

(a) Where an employee garages a Corporation vehicle in his/her own garage, the employee shall be paid an allowance set out in Item 4 of Schedule 1 - Expense Related Allowances of Part B of this award, where the use of a garage is essential because of special circumstances associated with his/her duties.

(b) Where an employee is absent from headquarters and receives an allowance for the use of a private motor vehicle on official business, the employee shall be paid the actual costs incurred for garaging of the vehicle.

14.5 Home Office Allowance

Employees who:

are based in regional locations outside the Sydney Metropolitan area; and

are not provided with office accommodation by the Corporation; and

use a room at home dedicated solely for the purpose of an office,

shall be paid a Home Office Allowance as prescribed at Item 5 of Schedule 1 of Part B of this award.

14.6 uniforms and protective clothing

An employee who is required or authorised by the Corporation to wear a uniform, protective clothing or other specialised clothing in connection with the Corporation' business shall be reimbursed for cleaning and maintaining the uniform or clothing upon production of the relevant receipts.

14.7 Payment Where Allowance Not Adequate Or Available

If the Corporation is satisfied that, but for this clause, the actual expenses properly and reasonably incurred by an employee in the performance of the work:

(a) is not adequately covered by an allowance to which the employee is entitled under this part; or

(b) is not covered by any allowance payable under this clause,

the employee shall be paid an allowance equivalent to the amount of those additional expenses or the amount of those expenses, as the case may be.

15 Leave

15.1 General Provisions

(a) An application by an employee for leave under this clause shall be made to and dealt with by the Corporation.

(b) The Chief Executive Officer or delegate, in dealing with any such application, shall have regard to the exigencies of the Corporation, but as far as practical shall deal with the application in accordance with the wishes of the employee.

(d) Leave to Count for Incremental Purposes. The following types of leave are regarded as service for incremental purposes:

• recreation (annual) leave;

• sick leave;

• family and community service leave;

• extended (long service) leave, full-pay and half-pay;

• maternity leave, full-pay and half-pay;

• adoption leave;

• study leave, full pay;

• leave without pay totalling five days or less in the incremental period;

• any period of leave without pay where used for the purposes of part-time service with the Defence Forces; to represent Australia or NSW in amateur sport; workers' compensation; transport strikes; sick leave;

• other forms of paid leave.

15.2 Maternity Leave

(a) Definitions:

"Birth" includes Stillbirth;

"Expected Date of Birth", in relation to a female employee who is pregnant, means a date specified by a Medical Practitioner to be the date on which the Medical Practitioner expects the employee to give birth as a result of pregnancy.

(b) A female employee who is pregnant shall, subject to this clause, be entitled to be granted maternity leave:

(i) for a period of not more than nine weeks on a full-time basis prior to the expected date of birth; and

(ii) for a further period ending not more than twelve months after the actual date of birth.

(c) An employee who has been granted maternity leave may, with the permission of the Corporation, take leave after the actual date of birth:

(i) full-time for a period not exceeding twelve months; or

(ii) part-time over a period not exceeding two years, or partly full-time and partly part-time over a proportionate period.

(d) An employee who has applied for or been granted maternity leave shall, as soon as practical after the termination of her pregnancy (whether by the birth of a living child or otherwise), notify the Corporation of the termination and the date on which it occurred.

(e) An employee who has been granted maternity leave and who gives birth to a living child shall not resume work, on either a full-time or a part-time basis, before the expiration of six weeks after the birth of the child, unless a medical practitioner states that she is fit to do so.

(f) An employee who resumes work immediately on the expiration of maternity leave shall -

(i) if the position occupied by her immediately before the commencement of that leave still exists - be entitled to be placed in that position; or

(ii) if the position so occupied by her has ceased to exist - be entitled to be appointed (subject to the availability of other suitable positions) to another position for which she is qualified.

(g) Except as otherwise provided by subclause 15.2 (h) maternity leave shall be granted without pay.

(h) An employee who -

(i) applied for maternity leave within such time and in such manner as the Corporation may from time to time determine; and

(ii) prior to the expected date of birth, completed not less than 40 weeks continuous service,

is entitled to payment at her ordinary rate of pay for a period not exceeding nine weeks of maternity leave or the period of maternity leave taken, whichever is the lesser period.

(i) Applications and Variations

(i) Employee Notification Requirements

A female employee shall formally notify the Corporation in writing:

(a) not less than eight weeks before the expected date of birth, of:

(i) the intention to proceed on maternity leave,

(ii) the expected date of birth certified by a medical practitioner, and

(iii) any maternity leave to be taken on a part‑time basis;

(b) not less than four weeks before the expected date of birth of:

(i) the date on which the maternity leave is intended to commence, and

(ii) the period of leave to be taken,

subject to notification, within two weeks of the date of birth of a living child, if the birth occurs earlier than the expected date.

(ii) Variation before Commencement of Leave

Before actually commencing maternity leave, a female employee may vary the period of leave of any part‑time arrangement, any number of times.

(iii) Variation after Commencement of Leave

After commencing maternity leave, a female employee may vary the period of leave or any part‑time arrangement:

(a) once without the consent of the Corporation; and

(b) any number of times with the consent of the Corporation.

(iv) Minimum Notice

A minimum of 14 days notice of any variation must be given. The Corporation may allow a lesser period of notice.

(v) Employer Notification Requirements

Where the Corporation needs to notify a female employee of any change to the arrangements for maternity leave, other than the agreed arrangements, a minimum of 14 days notice must be given.

(j) Paid Leave Prior to or During Maternity Leave

(i) Illness Associated with Pregnancy

If, because of an illness associated with her pregnancy, an employee is unable to continue to work then she can elect to use any available paid leave (sick, recreation (annual) and/or extended (long service) leave) or to take sick leave without pay. Such leave shall cease on the working day immediately preceding the day of commencement of the nominated period of maternity leave or on the working day immediately preceding the date of birth of the child, whichever is the earlier.

(ii) Other Leave Immediately Prior to Maternity Leave

Where an employee who is not sick, wishes to cease work before the date on which she plans to enter on maternity leave, she may do so by applying for any available recreation (annual) leave or extended (long service) leave, or for leave without pay.

(iii) Other Paid Leave within the Period of Maternity Leave

(a) If an employee so elects and subject to the Corporation's convenience, recreation (annual) and/or extended (long service) leave to which she is entitled may be combined with maternity leave.

(b) Leave so granted shall not reduce the entitlement of twelve months unpaid maternity leave.

(c) The period over which recreation (annual) and/or extended (long service) leave combined with unpaid maternity leave (full-time or part-time), shall not exceed a total period of two years from the date of birth of the child.

(k) Premature Birth, Still Birth, Miscarriage

(i) Premature Birth

If an employee gives birth prematurely and before commencing the maternity leave for which she has applied, she shall be treated as being on maternity leave from the date she enters on leave to give birth to the child and any previous leave arrangements will be negated.

(ii) Still Birth

In the event of a stillbirth, the employee may elect to take available sick leave instead of maternity leave.

(iii) Miscarriage

In the event of a miscarriage any absence from work is to be covered by sick leave.

(l) Alternative Work for Employee at Risk

Where, because of an illness or risk associated with her pregnancy, the female employee is unable to carry out the duties of her position, the Corporation shall as far as practicable, provide employment in some other position, the duties of which she is able to satisfactorily perform. The position to which the female employee is transferred under these circumstances shall be as close as possible in status and salary to her substantive position.

(m) Calculation of Increments and Leave Credits

(i) Increments

Any period of paid maternity leave (at full or half‑pay) shall count as full service for the purposes of determining incremental progression. However unpaid maternity leave shall not count as service for determining incremental progression, except where increments based on age must be paid on the attainment of the appropriate age.

(ii) Leave Credits

(a) Maternity leave at full pay shall count as full service for the purposes of determining all forms of leave.

(b) Maternity Leave at half pay shall count as service on a pro-rata basis for the purposes of determining all forms of leave.

(c) Unpaid maternity leave shall not count as service for determining any form of leave entitlement, except for Extended (long service) Leave in cases where at least ten years of service has been completed and unpaid maternity leave does not exceed six months.

(n) Further Pregnancy

(i) General

Where an employee becomes pregnant whilst on maternity leave, a further period of maternity leave shall be granted if requested.

(ii) Cessation of Current Entitlement to Leave

If the employee enters on the second period of maternity leave during the currency of the initial period of maternity leave, then any residual maternity leave from that initial entitlement ceases.

(o) Superannuation

(i) For employees on paid or unpaid maternity leave who are contributors to the State Superannuation Scheme, personal contributions continue to be payable, although a deferral of payments may be approved on application to State Super.

(ii) For employees on paid or unpaid maternity leave who are contributors to the State Authorities Superannuation Scheme, personal contributions continue to be payable. However, application can be made to State Super to reduce contributions (to 0% in some cases) where members would have difficulty in maintaining contributions at the current rate.

(iii) For contributors to either of the above schemes, basic benefit (3% award employer‑financed) entitlements continue to accrue during periods of maternity leave.

(iv) For members of First State Super, employer‑financed benefits will accrue only in respect of periods of paid maternity leave, not of unpaid maternity leave.

(p) Part‑time Maternity Leave

(i) Entitlement

The maximum period of part-time maternity leave which may be granted is two years from the date of birth of the child and must be commenced:

(a) at any time after the six weeks compulsory leave;

(b) before the expiration of twelve months' full-time leave.

(ii) Overtime

Where it is essential that an employee on part-time maternity leave be directed to work overtime, she shall be paid in the following manner:

(a) For work performed in excess of regular part-time hours up to the ordinary full-time hours per day for that category of staff, at the ordinary hourly rate.

(b) For work performed in excess of the ordinary full-time hours per day for that category of staff, at the rate specified by Clause 6, Overtime, of this Award.

(iii) Allowances

Salary related allowances paid in recognition of duties undertaken during the part-time leave arrangement shall be paid in the same manner. Such allowances include first aid and community language allowances. However, expense related allowances such as travelling allowances, overtime, meal allowances etc. shall be paid in full if an entitlement to such allowances arises.

(iv) Public Holidays

Employees on part-time maternity leave shall be paid for public holidays which fall on those days on which they would have been at work under the part-time arrangement. Payment shall be made for the number of hours that would have been worked had the day not been a public holiday.

(v) Increments

Hours worked during part-time maternity leave, converted to the full-time equivalent, shall be counted for incremental purposes. The formula by which part-time service is converted to full-time is:

Period worked x No. of hours per week = Full‑time

part-time worked part-time service

Full-time equivalent hours

Employees employed on an incremental scale based on age are to be advanced to the next increment at the appropriate time.

(vi) Return to Full-time Employment

A female employee may resume full-time employment by giving the Corporation four weeks' notice. On resumption of full-time work, the period of part-time service shall be converted to the full-time equivalent, and allowed as credit for all leave purposes.

(vii) Leave

(a) Payment for Leave

Unless otherwise specified below, payment for leave granted shall only be for the hours for which the employee would have been at work and at the rate of pay under the part-time leave arrangement.

(b) Concessional Leave

Concessional Leave shall be granted in accordance with the provisions applicable to full-time staff where, under the part-time leave arrangement, an employee would have worked a full day on a day to which concessional leave applies.

Short periods of leave without pay may be granted to cover intermittent absences from work without affecting the continuity of the part-time maternity leave, e.g. during disruptions to public transport, or where recreation (annual) leave has been exhausted.

Extended periods of leave without pay may be granted subject to the usual conditions, however maternity leave shall cease on the day prior to the commencement of leave without pay.

(d) Recreation (annual) Leave

Recreation (annual) leave for the period of the part-time arrangement shall accrue in accordance with the following formula:

Normal accrual for x Hours per week

the period worked part-time

Full-time equivalent hours

(e) Sick Leave

Sick leave for the period of the part-time arrangement shall accrue in accordance with the following formula:

Hours per week

Annual Entitlement x worked part-time

Full‑time equivalent hours

(f) Other Leave

All other types of leave shall be granted by the Corporation in accordance with conditions of other relevant sections in this Award.

(q) Payment in Advance

Maternity leave may be paid:

(i) on a normal fortnightly basis; or

(ii) in advance in a lump sum; or

(iii) at the rate of half pay over a period of 18 weeks on a regular fortnightly basis.

(r) Eligibility

An employee's previous continuous service with a NSW Public Sector organisation listed in the schedule to the Transferred Officers Extended Leave Act 1961, shall be recognised towards the 40 weeks continuous service.

An employee who has met the conditions for paid maternity leave once will not be required to again work the 40 weeks continuous service in order to qualify for further periods of paid maternity leave.

15.3 Adoption Leave

(a) Definition: "Primary Care‑giver" means a full‑time or part‑time employee, excluding casual employee, who assumes the principal role of providing care and attention to a child.

(b) A Primary Care‑giver adopting a child:

(i) if the child has not commenced school at the date of taking custody - shall be entitled to be granted unpaid adoption leave for a maximum period of twelve months; or

(ii) if the child has commenced school at that date - may be granted unpaid adoption leave for such period (not exceeding twelve months on a full-time basis) as the Corporation may determine.

(i) full-time for a period not exceeding twelve months; or

(ii) part-time for a period not exceeding two years; or

(iii) partly full-time and partly part-time over a proportionate period.

(d) Adoption leave commences on the date that the Primary Care‑giver takes custody of the child concerned, whether that date is before or after the date on which a court makes an order for the adoption of the child by the employee.

(e) A Primary Care‑giver who resumes work immediately on the expiration of adoption leave shall:

(i) if the position occupied by the employee immediately before the commencement of that leave still exists - be entitled to be placed in that position; or

(ii) if the position so occupied by the employee has ceased to exist - be entitled to be appointed (subject to the availability of other suitable positions) to another position for which the employee is qualified.

(f) Except as otherwise provided by 15.3 (g) adoption leave shall be granted without pay.

(g) A Primary Care‑giver is entitled to payment at the employee's ordinary rate of pay for a period of three weeks of adoption leave (or the period of adoption leave taken), whichever is the lesser period, who:

(i) applied for adoption leave within such time and in such manner as the Corporation may from time to time determine; and

(ii) prior to the commencement of adoption leave, completed not less than 40 weeks continuous service.

15.4 Parental Leave

(a) Subject to such conditions as may be determined from time to time by the Corporation, the Corporation may grant parental leave for a period not exceeding twelve months to an employee who becomes a parent but is not entitled to maternity leave or adoption leave.

(b) Parental leave may commence at any time up to two years from the date of birth or adoption of the child.

(i) full-time for a period not exceeding twelve months; or

(ii) part-time over a period not exceeding two years; or

(iii) partly full-time and partly part-time over a proportionate period.

(d) An employee who resumes work immediately on the expiration of parental leave shall:-

(i) if the position occupied by him or her immediately before the commencement of that leave still exists - be entitled to be placed in that position; or

(ii) if the position so occupied by him or her has ceased to exist - be entitled to be appointed (subject to the availability of other suitable positions) to another position for which he or she is qualified.

(e) Parental leave shall be granted without pay.

15.5 Leave Without Pay

(a) The Corporation may, subject to such conditions as may from time to time be determined, grant leave without pay to an employee if good and sufficient reason is shown.

(b) Leave without pay may be granted on a full-time or part-time basis.

(c) Where an employee is granted leave without pay for a period not exceeding ten consecutive calendar days, pay may be allowed by the Corporation for such days occurring during that leave as are public holidays throughout the State.

(d) An employee who has been granted leave without pay may, with the approval of the Corporation, elect to take available recreation (annual) or extended(long service) leave instead of leave without pay.

15.6 Family And Community Service Leave

(a) General

Family and Community Service Leave is leave which may be granted by the Corporation to employees (excluding casual employees) for reasons related to family responsibilities or community service defined in subclause (c).

(b) Entitlement

The maximum amount of Family and Community Service Leave on full pay, which may be granted to an employee is:

(i) during the first twelve months of service -two and a half working days (after the deduction of any Short Leave granted to the employee during that period of twelve months); or

(ii) after the completion of twelve months service - five working days in any period of two years (after the deduction of Short Leave granted to the employee during that period of two years): or

(iii) the period calculated by allowing one working day for each completed year of service after two years' continuous service and deducting from the total amount of Family and Community Service Leave or Short Leave previously granted to the employee.

(i) Employees can utilise this leave to meet family activities and community service responsibilities. This could include a need to respond to an emergency situation, for example:

(a) the illness of a relative;

(b) where a carer is unable to look after a child;

(d) where an employee is unable to attend work because of adverse weather conditions which either prevent attendance or threaten life or property.

(ii) It could also be used in the event of some planned absences or where advance notice is given, for example:

(a) to accompany a relative to a medical appointment where there is no element of emergency;

(b) parent/teacher meetings;

(d) to meet elder care requirements of a relative.

(iii) Leave for other family and community service requirements may be granted to employees at the discretion of the Chief Executive Officer or delegate in matters such as those relating to accommodation, citizenship, motor vehicle accidents on the way to work, representing Australia or the State in major amateur sport other than in Olympic/Commonwealth Games, and to office holders in local government for attendance at meetings, conferences or other associated duties.

(d) Exclusions from Grant

(i) An employee is not to be granted Family and Community Services Leave in respect of attendance at court, which is provided for in 15.12 (c).

(e) Other Considerations

(i) The definition of "family or relative" for these purposes is:

(a) the spouse of the employee, or

(b) a de facto spouse who is a person of the opposite sex to the employee, who lives with the employee as the husband or wife although not legally married to that person; or

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

(d) a same sex partner who lives with the employee as a de facto partner; or

(e) a relative of the employee who is a member of the same household, where for the purposes of this sub clause:

1. 'relative' means a person related by blood, marriage or affinity;

2. 'affinity' means a relationship that one spouse because of marriage has to blood relatives of the other; and

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

(ii) In 15.6 (b)(i), Short Leave has the meaning previously given to it in the prior NSW Lotteries (Salaries and Conditions of Employment) Award published 5 February 1993 (273 IG 261).

15.7 Recreation (Annual) Leave

(a) Recreation (annual) leave on full pay accrues to employees at the rate of 20 working days per year.

(b) Additional recreation (annual) leave on full pay accrues to employees indefinitely stationed in the Western or Central Division of the State at the rate of five working days per year.

(c) In this clause, "Western or Central Division of the State" means the Western Division or Central Division described in the Second Schedule to the Crown Lands Consolidation Act 1913 before its repeal.

(d) Shift workers who are rostered to work on Sundays and/or Public Holidays during the period of 1 December to 30 November, or part thereof, shall be entitled to receive additional recreation (annual) leave as follows:

Number of ordinary shifts worked on Sundays and/or Public Holidays during 1 December - 30 November or part thereof	Number of additional days leave
4-10	1
11-17	2
18-24	3
25-31	4
32 or more	5

(e) Recreation (annual) leave accrues from month to month only, but for the purpose of calculating recreation (annual) leave which may be due on cessation of employment, credit shall be given for periods of service of less than one month.

(f) At least two weeks recreation (annual) leave shall be taken by an employee during each leave year from 1 December to 30 November in the following year, except by agreement of the Chief Executive Officer or delegate in special circumstances.

(g) Recreation (annual) leave accrued and not taken by an employee owing to exigencies of the Corporation or for any other reason the Chief Executive Officer or delegate considers sufficient, accumulates up to a maximum of 40 working days, or 50 working days for shift workers.

(h) The Chief Executive Officer or delegate, may approve an employee accruing leave above the limit specified in 15.7(g) in exceptional circumstances, subject to the employee agreeing to reduce the leave balance below the accrual limit by the taking of at least two weeks leave within a specified period.

15.8 Annual Leave Loading

(a) Employees shall be entitled to payment of an annual leave loading of 17.5% of the monetary value of up to four weeks recreation (annual) leave accrued in a leave year which commences on 1 December of each year and ends on 30 November of the following year, subject to the following provisions:

(i) Where additional recreation (annual) leave is accrued as compensation for work performed regularly on Sundays and Public Holidays, the annual leave loading shall be calculated on a maximum of five weeks leave.

(ii) Shift workers proceeding on recreation (annual) leave are eligible to receive the higher of either:

(a) the shift premiums and penalty rates, or any other allowances paid on a regular basis in lieu thereof, which they would have received had they not been on recreation (annual) leave, or

(b) 17.5% annual leave loading as provided above.

(iii) In the case of seven day continuous shift workers, the 17.5% loading shall be calculated on the basis of 17.5% of five weeks ordinary salary or wages. Seven day shift workers who are entitled to additional leave or additional payment, shall be paid an annual leave loading on such additional days, in addition to the normal annual leave loading on four weeks leave.

(iv) Payment of annual leave loading shall not be made on any recreation (annual) leave taken in the first "leave year" of an employee's employment, i.e. from the date of employment to the following 30 November. The loading on leave accrued in the employee's first "leave year" of employment shall be paid during the second "leave year" of employment.

(v) The leave loading is to be paid on the first occasion in a leave year, other than in the first leave year, when an employee takes at least two consecutive weeks' leave for recreation purposes and some of the leave is recreation (annual) leave.

(vi) In the event that an employee has not taken such a period of leave by 30 November each year, that employee is to be paid the monetary value of that annual leave loading based on leave accrued as at 30 November of the previous leave year.

(vii) An employee shall only be paid an annual leave loading upon:

• retirement, or

• termination by the Corporation for any reason other than misconduct,

when the loading would have been due had the employee proceeded on two consecutive weeks' leave.

(viii) Broken service does not attract the annual leave loading. An employee who resigns and is subsequently re-employed, has only that service from the date of re-employment recognised for annual leave loading purposes.

(ix) No annual leave loading is payable on resignation or dismissal for misconduct regardless of whether the recreation (annual) leave to credit is taken as leave or as a lump sum payment.

(x) Calculation of the loading is to be based on the ordinary salary rate at the time the leave is taken. Any new rate granted by award, agreement, determination, National Wage Case Decision, increment, etc. during the period of leave is to be taken into account in the calculation of loading, unless otherwise prescribed. If necessary, retrospective adjustment of the loading is to be made.

(xi) Where payment is to be made at 30 November under the provisions of paragraph (vi) of this subclause, such payment shall be 17.5% of the recreation (annual) leave accrued as at the previous 30 November but calculated on the current rate of pay and subject to the provisions of paragraphs (i) to (iii) of this subclause.

(xii) Provided adequate notice is given the annual leave loading will be paid prior to entry on leave and normally at the same time as the advance of salary.

15.9 Sick Leave

(a) Sick leave on full pay accrues to an employee at the rate of 15 days each calendar year, and any such accrued leave which is not taken is cumulative.

(b) Sick leave on full pay accrues at the beginning of the calendar year, but if an employee is appointed during a calendar year, sick leave on full pay accrues on the date the employee commences work at the rate of 1 ¼ days for each complete month before the next 1 January.

(c) Sick leave without pay shall be counted as service for the accrual of further sick leave, provided such leave shall not be granted during the currency of the sick leave without pay.

(d) For the purposes of determining the amount of sick leave accrued where sick leave is granted on less than full pay, the amount of sick leave granted shall be converted to its full pay equivalent.

(e) If an employee who is on recreation (annual) leave or extended (long service) leave furnishes to the Corporation a satisfactory medical certificate in respect of illness occurring during that leave, the Corporation may, subject to the provisions of this part relating to sick leave, grant sick leave to the employee for the following period:

(i) in the case of an employee on recreation (annual) leave - the period set out in the medical certificate;

(ii) in the case of an employee on extended leave - the period set out in the medical certificate, except if that period is less than seven calendar days.

(f) Subclause 15.9 (e) applies to all employees other than those on leave prior to resignation or termination of services, unless the resignation or termination of services amounts to a retirement.

(g) The Corporation may grant additional (special) sick leave as outlined in 15.9 (h) to an employee who:

(i) has exhausted the sick leave entitlement which may be granted under 15.9 (a) and (b);

(ii) has had ten or more years of service; and

(iii) is absent on sick leave for a period of at least three months duration.

(h) Special sick leave may be granted as follows:

Completed Years of Service	No of Working Days
10	22
20	44
30	66
40	88
50	110

15.10(A) Sick Leave Workers' Compensation

(i) This clause applies where an employee is, or becomes, unable to attend for work, or to continues to attend work in circumstances which may give the employee a right to claim compensation under the Workers Compensation Act 1987.

(ii) If an employee has made a claim for any such compensation, the employee may, pending the determination of that claim and subject to the provisions of this Part relating to sick leave and to 15.10 (a)(iv) and (vii) be granted by the Corporation sick leave on full pay for which the employee is eligible, and if that claim is accepted the equivalent period of any such sick leave shall be resorted to the credit of the employee.

(iii) An employee who continues in receipt of compensation after the completion of the period of 26 weeks referred to in section 36 of the Workers Compensation Act 1987 may, subject to the provisions of this Part relating to sick leave and to 15.10 (a)(vii), be paid an amount representing the difference between the amount of compensation payable under that Act and the ordinary rate of pay of the employee, but sick leave equivalent to the amount of the difference so paid shall be debited against the employee.

(iv) If an employee referred to in 15.10 (a) notifies the Corporation that he or she does not intend to make a claim for any such compensation, sick leave on full pay may be granted by the Corporation.

(v) If an employee, who is required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act, refuses to submit to or in any way obstructs any such examination, the employee shall not be granted sick leave on full pay until that examination has taken place and a medical certificate has been given indicating that the employee is not fit to resume work.

(vi) If as a result of any such medical examination, a certificate is given under the Workers Compensation Act 1987 setting out the condition and fitness for employment of the employee or the kind of employment for which the employee is fit, and the Corporation makes available to the employee employment falling within the terms of that certificate and the employee refuses or fails to resume or perform the employment so provided, all payments in accordance with this clause shall cease from the date of that refusal or failure.

(vii) Notwithstanding, 15.10(a)(ii) or (iii), if there is a commutation of weekly payments of compensation by the payment of a lump sum pursuant to Section 51 of the Workers Compensation Act 1987, there shall be no further sick leave granted on full pay.

15.10(B) Sick Leave - Other Than Workers' Compensation.

(i) If the circumstances of an injury to or illness of an employee may give rise to a claim for damages or to compensation, other than compensation under the Workers Compensation Act 1987, sick leave on full pay may, subject to and in accordance with this Part, be granted to the employee. This is subject to the completion by the employee of an undertaking in a form approved by the Corporation that any such claim if made will include a claim for the value of any period of sick leave on full pay granted and that, in the event that the employee receives or recovers damages or compensation pursuant to the claim for loss of salary or wages during any such period of sick leave, the employee will repay the Corporation such money as is paid by the Corporation in respect of any such period of sick leave.

(ii) Sick leave on full pay shall not be granted to an employee who refuses or fails to complete an undertaking except with the express approval of the Corporation given on the grounds that the refusal or failure is unavoidable in the circumstances.

(iii) On repayment made to the Corporation pursuant to an undertaking given by an employee, sick leave equivalent to that repayment, calculated at the ordinary rate of pay of the employee, shall be restored to the credit of the employee.

15.11 Military Leave

(a) The Corporation may, during the period of twelve months commencing on 1st July each year, grant to an employee who is a volunteer part-time member of the Defence Forces military leave on full pay for such absence from work as is necessarily involved:

(i) in respect of periods of annual training not exceeding in the aggregate:

• in the case of a member of the Naval Forces - 13 calendar days;

• in the case of a member of the Military Forces - 14 calendar days;

• in the case of a member of the Air Force - 16 calendar days;

(ii) in respect of attendance at schools, classes or courses of instruction not exceeding in the aggregate:

• in the case of a member of the Naval Forces - 13 calendar days; or

• in the case of a member of the Military Forces - 14 calendar days; or

• in the case of a member of the Air Force - 16 calendar days.

(b) Notwithstanding 15.11 (a), if the commanding officer certifies in writing that it is necessary for an employee to attend on days additional to those specified in 15.11 (a), the Corporation may grant to the employee military leave on full pay for a further period not exceeding in the aggregate four days in any one year.

(c) Applications for military leave shall be accompanied by satisfactory evidence of the necessity for attendance and at the expiration of military leave the employee shall furnish to the Corporation a certificate of attendance stating the period for which the member of the Reserves attended.

(d) A member of the Reserves shall be allowed the minimum time necessarily spent in travelling to and/or from annual camp provided:

(i) leave is only granted for the period during which the employee would have normally been required to be at work; and

(ii) no pay is received from the Defence Forces for the period granted as Travelling Time.

(e) Any further leave required in excess of that provided in this clause shall be charged against recreation (annual) leave or extended (long service) leave credits or taken as leave without pay.

15.12 Other Forms Of Paid Leave

(a) Examination Leave

Paid Leave on full pay may be granted to an employee, up to a maximum of five days in any period of twelve months, for the purpose of attending at any examination in connection with any course of study approved by the Corporation. This leave can include any time necessary for travel to or from the place at which the examination is held.

(b) Jury Service

(i) An employee shall, as soon as possible, notify the Corporation of the details of any jury summons served on the employee.

(ii) An employee who attends court in answer to a jury summons shall, upon return to work after discharge from jury service, furnish to the Corporation any certificate of attendance issued by the Sheriff or by the Registrar of the Court giving particulars of attendances by the employee and the details of any payment made to the employee in respect of any such period.

(iii) The Corporation shall, in respect of any period during which an employee was required to be at work:

• upon receipt of any such certificate of attendance - grant, in respect of any such period for which the employee has been paid out-of-pocket expenses only, Paid Leave on full pay; or

• in any other case grant at the sole election of the employee either:

(a) Recreation (Annual) Leave on full pay; or

(b) Leave Without Pay.

(i) Employees who are called as witnesses to court proceedings in relation to their work for the Corporation, shall be regarded as being at work for those periods they are necessarily absent from work and shall be reimbursed by the Corporation for any expenses incurred.

(ii) Employees subpoenaed or called as witnesses by the Crown (whether in the right of the State or of the Commonwealth in a private capacity) are to be granted special leave of absence with pay for the period they are necessarily absent from work, and are to pay the Corporation all monies paid to them as witnesses, other than moneys paid as a reimbursement of necessary expenses incurred by them as a result of being subpoenaed or called as a witness.

(iii) Employees subpoenaed or called as witnesses in their private capacity other than by the Crown (whether in the right of the State or the Commonwealth) are to be granted leave without pay for the period they are necessarily absent from work. If they wish, however, they may take recreation (annual) leave to credit to offset their absence from work and may retain moneys paid to them as witnesses.

(d) Traffic Offences Occurring in the Course of Duty

(i) Paid leave shall be granted for the period necessary to attend court where an employee has been charged with a traffic offence while driving in the course of work and is acquitted. Where that employee is charged with a traffic offence and the charge is found proven, recreation (annual) leave to credit and/or leave without pay is to be granted at the election of the employee.

(ii) Where an employee is a witness and gives evidence regarding a traffic offence alleged to have been committed by another in the course of the latter's work, paid leave is to be granted to that witness for the period necessary to attend court.

(e) Emergency Service Leave

(i) Where an employee is a volunteer member of an approved organisation, paid leave of up to five days in any period of twelve months may be granted when called upon to assist as a volunteer of one of these organisations.

(ii) Where an emergency is declared under Section 44 of the Rural Fires Act 1997, or under other relevant legislation or by the Premier, employees who volunteer to assist in the emergency are to be granted paid leave with no upper limit to the leave which may be granted. Leave granted during declared emergencies is not to count towards the five day upper limit specified in this sub-clause.

(iii) An application for leave must be accompanied by a statement from the local or Divisional Controller, the Fire Controller, Deputy Fire Controller or the Police, certifying the times of attendance. The leave application should indicate the period and area of attendance together with the name of the organisation to which the volunteer member belonged.

(iv) Where an employee remains on emergency work for several days, the Corporation may grant paid leave to allow the employee reasonable time for rest before returning to normal duties. Where an employee does not remain on emergency work for several days but assists in a rescue at such time as it would be unreasonable to expect the employee to report for work at normal time, then up to one day paid leave for rest purposes may be granted. In the case of an emergency other than a declared emergency, this leave is to be included in the general limit of five days in any period of twelve months.

(v) Paid Leave shall be granted to employees who are nominated by a recognised organisation, to attend courses approved by NSW Rescue and Emergency Services and the Bush Fire Council of NSW.

(f) Trade Union Activities

Leave shall be granted up to a maximum of twelve days in any period of two years to an employee to attend short trade union training courses or seminars conducted by or with the support of the Trade Union Training Foundation on the following conditions:

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

(ii) leave granted for this purpose will count as service for all purposes;

(iii) expenses associated with attendance at such courses or seminars, eg, fares, accommodation, meal costs, will be required to be met by the employee concerned, but subject to the maximum prescribed above, leave may include travelling time necessarily required during working hours to attend such courses or seminars.

(iv) applications for leave must be accompanied by either a statement from the Trade Union Training Foundation indicating enrolment or a statement from the relevant union that it has nominated the employee concerned for such course or seminar.

(g) Attendance at union annual or bi annual conference

Paid Leave is available to an employee, accredited by a union as a delegate to attend annual or bi annual conferences of the delegate's union in accordance with the guidelines applying to NSW Public Servants from time to time.

(h) Ex- Armed Services Personnel

Paid Leave is available to ex - services personnel in circumstances as approved by the Corporation.

(i) Attendance at Graduation & Academic Ceremonies

(i) Paid Leave of up to a half day shall be available, subject to the Corporation' convenience, to an employee who has completed a tertiary course of study to attend the ceremony at which the degree, diploma or certificate is conferred.

(ii) Paid Leave of up to a half day may be granted by the Corporation, for employees to attend ceremonies at which they receive awards for outstanding academic work.

(j) Blood donors

Employees may be granted Paid Leave to give blood, with such leave being restricted to the time reasonably necessary.

(k) Bone Marrow Donors

Paid Leave on full pay may be granted up to a maximum of five days in any period of twelve months to an employee who is listed on the Australian Bone Marrow Donor Registry, and who is called upon to donate.

(l) Attendance at Retirement Preparation Seminars

Employees invited to attend retirement preparation seminars may be granted Paid Leave of up to two days to attend such seminars when conducted by the State Authorities Superannuation Board.

(m) Professional or Learned Society Meetings within Australia

Employees who are financial members of professional or learned societies may apply for leave to attend meetings in Australia of those societies.

Up to five days Paid Leave for attendance at and travelling to and from the conference may be granted provided:

it is in the interest of the Corporation for the person to attend;

the matters to be dealt with are directly associated with the work of the Corporation;

it is convenient to the Corporation for that person to be absent from work;

the full details of the proposed itinerary are submitted; and

the employee has not been granted leave for similar purposes during the previous twelve months.

(n) Olympic and Commonwealth Games

Employees who are selected to represent Australia as competitors or officials at either the Olympic or Commonwealth Games, may be granted Paid Leave for the period of such Games. The same concessions may be applied to competitors or officials taking part in the equivalent Games for the disabled.

(o) National Aborigines Day

Employees who identify as Aborigines may be granted up to one day special leave so that they may participate in National Aborigines Day celebrations.

(p) First-aid Officers - Training or Re‑Training

Paid Leave is available for attendance at courses conducted to train/re‑train first-aid officers in order to meet the needs of the Corporation. In such cases, the cost of the course may be met from the Corporation' funds provided that the employee is nominated by the Corporation to attend the course.

15.13 Concessional Leave

(a) The Corporation shall grant to employees, a half-day's concessional leave to be taken on either Christmas Eve or New Year's Eve.

(b) The following provisions shall apply in respect of such leave:

(i) To be eligible to receive the concession, employees must be at work in the morning and must work at least a half-day. In this context, a half-day means half the minimum daily contract hours for the appropriate category of staff;

(ii) Employees who are on leave on the concessional leave day are not entitled to claim a half-day's credit as concessional leave; and

(iii) Employees who are directed to remain at work for the full day shall be granted time off equal to one half-day, such leave to be taken at the Corporation convenience before 31 March each year in respect of the Christmas concession.

15.14 Personal/Carer's Leave

(a) When Family and Community Service Leave as prescribed at 15.6, either has been exhausted or does not apply, then Personal/ Carer's Leave may be granted in the following form:

(i) An employee who is responsible for the care and support of a family member as defined in care and support, shall be entitled to use, in accordance with this subclause, any current sick leave or sick leave, accrued since 1 January 1995, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day entitlement.

(ii) The employee shall establish, either by production of a medical certificate or statutory declaration, the illness of the person concerned and that illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

(b) The entitlement to use Sick Leave in accordance with this subclause is subject to the person concerned being:

(i) the spouse of the employee; or a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bone fide domestic basis although not legally married to that person; or

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

(iii) the same sex partner who lives with the employee as a de facto partner of that employee on a bona fide domestic basis; or

(iv) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

1. "relative" means a person related by blood, marriage or affinity;

2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

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

(c) 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 the absence.

(d) Unpaid Leave for Family Purposes

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in 15.14(b) above who is ill.

(e) Recreation (Annual) Leave

An employee may elect to take recreation (annual) leave in multiples of one hour pursuant to 15.7 of the Award for the purpose of providing care and support to a member of a class of person set out in above who is ill.

(f) Time Off in Lieu of Payment for Overtime

(i) For the purpose only of providing care and support for a person in accordance with 15.14(b) above, and despite the overtime provision of this Award, the following provisions shall apply.

(ii) Overtime taken as time off during ordinary hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

(iii) If, having elected to take time off as leave in accordance with 15.14(f)(ii) above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve month period or on termination.

(iv) Where no election is made in accordance 15.14(f)(ii) the employee shall be paid overtime rates in accordance with Award.

(g) Make-up Time

(i) An employee may elect, with the consent of the employer, to work make-up time. Under which the employee takes time off ordinary hours and works those hours at a later time, during the spread of ordinary hours provided in the Award, at the ordinary rate of pay.

(ii) An employee on shift work may elect, with the consent of the employer, to work make-up time (under which the employee takes time off ordinary hours and works those hours at a later time). At the shift work rate which would have been applicable to the hours taken off.

(h) Rostered Days Off

(i) The following will apply only to those employees working under a rostered shiftwork arrangement in which time worked during each shift is accrued towards the taking of a Rostered Day Off.

(a) For the purpose only of providing care and support for a person in accordance with 15.14(b) above, an employee may elect, with the consent of the employer, to take a rostered day off on a day other than the usual rostered day off.

(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and the employee, or subject to reasonable notice by the employee or the employer.

15.15 Extended (Long Service) Leave

(a) Subject to this clause, an employee is entitled:

(i) after service for ten years, to leave for two months on full pay or four months on half pay; and

(ii) after service in excess of ten years, to:

• leave as provided by 15.14 (a)(i); and

• in addition, an amount of leave proportionate to the employee's length of service after ten years, calculated on the basis of five months on full pay, or ten months on half pay, for ten years served after service for ten years.

(b) For the purpose of calculating the entitlement of an employee to extended (long service) leave under this clause at any time:

(i) service referred to in this clause includes service before the commencement of this Award; and

(ii) there must be deducted from the amount of extended (long service) leave to which, but for this paragraph, that employee would be entitled:

• any extended (long service) leave, or leave in the nature of extended leave; and

• the equivalent, in extended (long service) leave, of any benefit instead of extended leave or leave in the nature of extended leave,

taken or received by that employee before that time, including any such leave taken, or benefit received, by that person in accordance with the Public Service (Amendment) Act 1919 as in force at any time; and

(iii) the provisions of the Transferred Officers Extended Leave Act 1961 have effect.

(c) Nothing in 15.14 (b) shall be regarded as authorising, in respect of the same period of leave taken or the same benefit received, a deduction under both 15.14 (b) (ii) and Section 3 (7) of the Transferred Officers Extended Leave Act 1961.

(d) If the services of an employee with at least five years service as an adult and less than ten years service are terminated:

(i) by the Corporation for any reason other than the employee's serious and intentional misconduct; or

(ii) by the employee on account of illness, incapacity or domestic or other pressing necessity;

the employee is entitled:

(iii) for five years service, to one month's leave on full pay; and

(iv) for service after five years, to a proportionate amount of leave on full pay calculated on the basis of two months leave for ten years service (that service to include service as an adult and otherwise than as an adult).

(e) For the purposes of this 15.14 (d), "service as an adult", in the case of an employee employed to do any work for which the remuneration:

(i) has been fixed by an Award:

• made under the Workplace Relations Act 1996 of the Commonwealth; or

• made under New South Wales Industrial Relations Act 1996; or

(ii) has been fixed by an agreement made in accordance with or registered under either of those Acts or in accordance with this Award:

• means the period of service during which the remuneration applicable to the employee was at a rate not lower than the lowest rate fixed under the award, agreement, or determination for an adult male or female in the same trade, classification, calling, group or grade as the employee.

(f) For the purposes of 15.14 (a), "service" includes:

(i) service under the Teaching Services Act 1980; and

(ii) any period of leave without pay taken before the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act, 1963 and

(iii) in the case of an employee who has completed at least ten years service - any period of leave without pay not exceeding six months, taken after that commencement.

(g) In 15.14 (f)(iii), for the purpose of determining whether or not an employee has completed at least ten years service, the employee's period of service shall be taken:

(i) to include any period of leave without pay taken before the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963; and

(ii) to exclude any period of leave without pay taken after the commencement.

(h) For the purposes of 15.14 (d), "service" does not include any period of leave without pay whether taken before or after the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963.

(i) (i) An employee who has acquired a right to extended leave with pay under 15.14(a) is entitled, immediately on the termination of the employee's services, to be paid instead of that leave the money value of the extended leave as a gratuity in addition to any gratuity to which the employee may be otherwise entitled;

(ii) any pension to which such employee is entitled under the Superannuation Act 1916 commences from and including the date on which the employee's extended (long service ) leave if taken, would have commenced.

(j) If an employee has acquired a right under this clause to extended leave with pay and dies before starting it, or after starting it dies before which it:

(i) the widow or widower of the employee; or

(ii) if there is no such widow or widower, the children of the employee; or

(iii) if there is no such widow, widower or children, the person who, in the opinion of the Corporation was, at the time of the employee's death, a dependent relative of the employee;

is entitled to receive the money value of the leave not taken, or not completed, computed at the rate of salary that the employee received at the time of his or her death, less any amount paid to the employee in respect of the leave taken or not completed.

(k) If an employee with at least five years service as an adult and less than ten years service as referred to in 15.14 (d) dies:

(i) the widow or widower of the employee; or

(ii) if there is no such widow or widower, the children of the employee; or

(iii) if there is no such widow, widower or children, the person who, in the opinion of the Corporation, was, at the time of the death of the employee, a dependent relative of the employee;

is entitled to receive the money value of the leave which would have accrued to the employee had his or her services terminated as referred to in 15.14 (d), computed at the rate of salary that the employee was receiving at the time of his or her death.

(l) If there is a guardian of any children entitled under 15.14 (j) or 15.14 (k), the payment to which those children are entitled may be made to that guardian for their maintenance, education and advancement.

(m) If there is no person entitled under 15.14 (j) or 15.14 (k) to receive the money value of any leave not taken or not completed by an employee or which would have accrued to an employee, payment in respect of that leave must be made to the employee's personal representatives.

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

(o) If payment of the money value of leave has been made under this Award, the Corporation ceases to be liable for payment of any amount in respect of that leave.

16 Time Off For External Study And Staff Development And Training Activities

16.1 For the purpose of this clause:

"Accrual" shall mean the aggregation of study time granted for private purposes, by foregoing taking time off each week.

"Accumulation" shall mean the aggregation of short periods of study time granted for private study purposes.

"Approved Course" shall mean a course approved by the Corporation.

"Part-time Course" shall mean a course undertaken concurrently with employment and shall include courses involving face to face or oral instruction and those conducted externally to the institution through correspondence study.

16.2 "STUDY ASSISTANCE" is available as:

(a) "Study Time" shall mean time allowed off from work granted on full pay, to employees who are studying in approved part-time courses relevant to the Corporation.

(b) "Examination Leave" shall be granted as paid leave on full pay, up to a maximum of five days in any period of 12 months for:

(i) time actually involved in the examination; and

(ii) necessary travelling time;

but is not available where an examination is conducted within the normal class timetable during the term/semester, and study time has been granted for the employee.

16.3 General Conditions For The Granting Of Study Time

(a) Study time is available for all employees, both full and part‑time, and all full‑time temporary employees who are working the maximum hours for the classification. Part‑time employees shall be entitled to a pro‑rata allocation of study time to that of a full‑time employee.

Study time may be granted at full pay to employees who are studying on a part-time basis. It is not to be granted to a person to attend a course organised essentially for full-time students, or which, in later stages, requires full-time attendance.

(b) In determining whether it is convenient to grant study time, the Corporation will consider:

(i) the number and length of proposed absences, whether for attendance at classes or private study;

(ii) any proposal to combine study time with other leave to increase length of absence;

(iii) any proposal for how and when any additional study time will be made up.

(i) an adequate level of service is maintained;

(ii) additional leave is made up effectively; and

(iii) any study time arrangements are adequately supervised.

(d) The Chief Executive Officer or delegate has the power to grant or refuse study time. Any refusals are to be dealt with in accordance with the Grievance and Dispute Resolution Procedures at Clause 23.

16.4 Use Of Study Time

Study time may be used for:

(a) attending compulsory lectures, tutorials, residential schools, field days etc, where these are held during working hours; and/or

(b) necessary travel during working hours to attend lectures, tutorials etc., held during or outside working hours; and/or

(d) accumulation, as set out in 16.11.

16.5 Methods Of Taking Study Time

Employees requiring study time must nominate the type(s) of study time preferred at the time of application and prior to the proposed commencement of the academic period.

Face-to-Face

Employees may elect to take weekly and/or accrued study time, subject to the provisions for its grant.

Correspondence

Employees may elect to take weekly and/or accrued study time, or time off to attend compulsory residential schools, subject to the stated conditions.

16.6 Study Time Not Taken

Study time is an expendable grant which if not used at the nominated time, is lost. In an emergency situation an employee may have to forego their normal study time. In these circumstances, and if convenient to the Corporation, the time may be granted on another day in the same week.

16.7 Refusal Of Study Time Application

(a) Where an application for study time is refused:

(i) this advice must be given to the employee so that the employee has sufficient time to consider alternatives;

(ii) counselling must be available to assist an employee in considering alternatives; and

(iii) the reasons for refusal must be clearly and promptly stated, in writing, to the employee.

(b) Where study time has been refused, an employee has the opportunity for prompt review of the refusal, and the Corporation's Grievance and Dispute Resolution Procedures shall apply.

16.8 Courses Eligible For Study Time

Approved courses for which Study Time, as defined at 16.2 (a), is approved shall meet the following criteria:

(a) (i) lead to a recognised qualification; or

(ii) be a TAFE special course; or

(iii) be a bridging/qualifying course; or

(iv) be an incidental subject which forms part of a course for which study time would be available.

(b) (i) be administered by a public institution;

(ii) be accredited by the Higher Education Board; or

(iii) lead to membership of a registered professional organisation;

(iv) be able to be taken on a part-time basis.

(c) Study time may be granted for more than one course at the same time, provided that the two courses together result in a part-time load. Regardless of the number of courses studied at one time, the maximum grant remains four hours per week.

16.9 Calculation Of Study Time Grant

(a) Half an hour is granted for every hour of class attendance required, up to a maximum grant of four hours per week, which is not required to be made up.

(b) Where there are block attendance requirements or field days, the grant is calculated by:

(i) totalling the attendance requirement, in hours, for the semester;

(ii) dividing this amount by two;

(iii) dividing this by the number of weeks in the semester that lectures are held; and

(iv) this amount, or four hours, whichever is the lesser, is the weekly amount granted.

16.10 Making Up Excess Time Off

(a) Study time up to four hours per week is not required to be made up. However, hours in excess of four, and up to a maximum of five additional hours in any one week, must be made up.

(b) In the case of repeated subjects all time must be made up, subject to the provisions of 16.13.

(d) Time off is not to be made up during the lunch break.

(e) Study time to be made up (ie, in excess of four hours per week) may be made up either in advance or in retrospect. Where flexible working hours apply, the time must be made up within the framework of Clause 5 of this Award.

16.11 Accumulation

(a) Employees may choose to accumulate part or all of their study time.

(b) Accumulated study time may be taken in any manner or at any time.

(c) Employees on rotating shifts may accumulate study time so that they can take study time for a full shift, where this would be more convenient to both the employee and the Corporation.

(d) Employees attempting courses, which provide for annual examinations, may vary their election as to accrual, made at the commencement of an academic year, effective from 1 July in that year.

Accordingly, an employee may elect to accrue study time at the start of an academic year and may then vary this election as at 1st July so as to take weekly study time for the remainder of the year and vice versa. Where an employee commences employment after the commencement of the academic year, weekly study time may be granted with the option of electing to accrue study time from 1st July in the year of entry on duty or from the next academic year, whichever is the sooner. Employees studying in semester based courses may vary their election as to accrual or otherwise from semester to semester.

16.12 Correspondence Courses

(a) Correspondence students are granted study time in the manner outlined in 16.9, ie, half an hour for each hour of lecture/tutorial attendance involved in the corresponding face-to-face course, up to a maximum grant of four hours per week. Where there is no corresponding face-to-face course, the institution should be asked to indicate what the attendance requirements would be if such a course existed.

(b) Correspondence students may accumulate their study time as outlined in 16.11 in order to cover any compulsory residential schools.

(c) Subject to the provisions of 16.11 study time is available for any one subject studied by correspondence for only one academic year.

16.13 Repeat Subjects

Ordinarily study time will not be granted to an employee for repeat subjects unless evidence can be provided that the failure was caused by circumstances beyond his/her control, such as sickness, domestic circumstances, or excessive demands on his/her work responsibilities.

16.14 Courses Involving Research And Thesis

(a) Block periods of study time may be granted to employees in relation to the research and thesis component of:

(i) higher degrees;

(ii) qualifying studies for admission to higher degrees; or

(iii) honours studies.

(b) These block periods may be granted on the following basis:

(i) where a course at any level involves a thesis or major project as well as course work, the usual study time would be granted for the course work, and ten days study time for the thesis/major project component;

(ii) for qualifying studies entirely by thesis the grant is ten days;

(iii) for masters degree studies by research and thesis only, the total grant is:

• 25 days for courses of two years minimum duration;

• 35 days for courses of three years minimum duration; and

• for doctoral studies, the total grant for the course of 45 days.

16.15 Examination Leave

Examination leave shall be granted as paid leave for courses of study (either by face-to-face classes or by correspondence) which are approved in accordance with this clause.

The period granted is to include:

(i) time actually involved in the examination;

(ii) necessary travelling time;

but is limited to a maximum of five days in any one year and is not available where an examination is conducted within the normal class timetable during the term/semester, and study time has been granted to the candidate. It may be granted for deferred examinations, and in respect of repeat studies.

16.16 Staff Development And Training Activities

(a) Definition

For the purpose of this part, the following are regarded as staff development and training "activities":

(i) all staff development courses either conducted by, or on behalf of the Corporation;

(ii) short educational and training courses conducted by generally recognised public or private educational bodies; and

(iii) conferences, conventions, seminars, or similar activities conducted by professional, learned or other generally recognised societies, including Federal or State Government bodies.

(b) The above definition does NOT include the following:

(i) activities for which Study Time or examination Leave are appropriate;

(ii) activities where other provisions in this Award apply (eg, courses conducted or supported by the Trade Union Training Authority); and

(iii) activities which are of no specific relevance to the Corporation.

The activities defined above can be grouped into two types:

(i) Activities considered by the Corporation to be both essential for the efficient operation of the organisation and developmental for employees.

Such training activities would include the courses which are directly related to the work of employees and seen as essential for the employees to perform their work.

(ii) Activities considered to be principally of benefit to the person and indirectly of benefit to the Corporation.

Attendance of employees at conferences or professional societies, or a series of lectures conducted by an educational institution, are examples of such activities.

(d) Attendance at Work

Attendance of employees at activities described in 16.16 (c)(i) and (c)(ii) would be regarded as being at work. This means that where employees attended such an activity during normal working hours, they would be regarded as being at work for the purposes of payment of salary.

(e) Conditions for activities considered to be essential for the efficient operation of the Corporation

Because the activities described in 16.16 (c)(i) are seen as essential, it is clear that employees would be entitled to conditions contained in this award on the basis that the employees are performing their normal duties. These conditions would include:

(i) regarding the time of attendance at the course as normal work time;

(ii) adjustment for the hours so worked under flexible working hours;

(iii) payment of course fees;

(iv) payment of all actual necessary expenses or payment of allowances in accordance with this Award, provided that the expenses involved do not form part of the course; and

(v) payment of overtime where the activity could not be conducted during the employee's normal hours and the Corporation is satisfied that the approval to attend constitutes a direction to work overtime under Clause 6 of this Award.

(f) Conditions for activities considered to be principally of benefit to the employee and indirectly of benefit to the Corporation

The activities described in 16.16 (c)(ii) would be attended by an employee through the grant of Paid Leave up to a maximum of five days.

(g) Higher Duties Allowance

Payment of a higher duties allowance is to continue to be paid where the employee attends the activity in accordance with 16.16 (d) of this part.

17 Recruitment, Selection And Appointment

17.1 Definition:

The following definition applies in this clause:

"Permanent employee" means a full-time or part-time employee as defined in clause 2 but excludes temporary and casual employees.

17.2 Recruitment And Selection

(a) Filling of Vacant Positions

If a vacancy exists in a position and the Chief Executive Officer or delegate decides that it is appropriate to fill the vacancy, the position may be filled:

(i) by the appointment, by way of transfer or promotion, of a permanent employee; or

(ii) by the appointment of a person who, immediately before his or her appointment, was not a permanent employee.

(b) Advertising Vacant Position

(i) If it is proposed to make a permanent appointment to a vacant position, the vacancy shall be advertised by circular within the Corporation and in any other publication (if any) as the Chief Executive Officer or delegate determines.

(ii) The Chief Executive Officer may dispense with the requirement to advertise a vacancy.

(i) the Corporation shall, for the purpose of determining the merit of the persons eligible for appointment to a vacant position, have regard to:

(a) the nature of the duties of the position; and

(b) the abilities, qualifications, experience, standard of work performance and personal qualities of those persons that are relevant to the performance of those duties.

(ii) In deciding on the appointment of a person to a vacant position which has been advertised:

(a) the Corporation may only select a person who has duly applied for appointment to the vacant position; and

(b) the Corporation must, from among the applicants eligible for appointment to the vacant position, select the applicant who has, in the opinion of the Corporation, the greatest merit.

(iii) In deciding to appoint a person to a vacant position which has not been advertised:

(a) the Corporation may only select a permanent employee;

(b) the Corporation must, from among the employees eligible for appointment, select the employee who has, in the opinion of the Corporation, the greatest merit.

(iv) Unless otherwise determined by the Chief Executive Officer, a selection committee shall be established to assess the merit of applicants for appointment to a vacant position.

(v) A selection committee shall, as far as practicable, consist of:

(a) at least three persons;

(b) at least one person who holds a position in a division external to the division in which the advertised position is located, or an external independent;

(d) at least one person from an EEO group, where the nature of the position or the applicants is such that a number of applicants is expected from these sections of the community.

(vi) A selection committee shall be constituted so as to ensure the fairest consideration of all applicants.

(vii) A selection committee shall, as far as practicable, deal with each applicant in a similar fashion, but the committee is not required to grant an interview to all applicants.

(viii) Nothing in this clause requires the Chief Executive Officer or delegate to adopt any recommendation made by a selection committee in relation to the filling of a vacancy.

17.3 Eligibility Lists

(a) Where interviews for an advertised vacant position or positions have been held, an eligibility list may be established. Such a list operates in respect of the vacancy, or vacancies, indicated in the advertisement but may also be used to subsequently fill identical or similar vacant positions not specified in the original advertisement.

(b) An eligibility list remains current for six months from the date of approval of the recommendation of the selection committee.

(d) The Chief Executive Officer or delegate may either use an eligibility list to fill a position or require a new selection process to be undertaken or take other administrative action.

17.4 Commencing Rates Of Pay

The Chief Executive Officer or delegate may approve commencing rates of pay for appointees as follows:

(a) In the case of an external applicant or a current temporary employee:

(i) at the minimum rate for the position; or

(ii) at any existing salary point within the salary range for the position, having regard to:

• the applicant's skills, experience and qualifications; and

• the rate of pay required to attract the applicant; and

• the remuneration of existing staff performing similar work.

(b) in the case of an internal applicant (who is a permanent employee) only, where the current salary is within the range of the new position, salary upon transfer/ promotion shall be determined in the following way:

(i) if the employee's present rate coincides with a step on the salary range for the new position and the employee has been on that rate for less than twelve months, the employee will transfer at the same salary and retain the existing incremental date; or if the employee has been on that rate for more than twelve months, the employee will transfer with a commencing salary at the next step on the new salary range with the incremental date changing to the date of appointment to the new position.

(ii) if the employee's present salary does not coincide with a step on the salary range for the new position, the employee's commencing salary on the new salary range will be that rate immediately above the present salary. The employee's incremental date will change to the date of appointment to the new position.

(c) relevant experience in a voluntary or unpaid capacity should be taken into account in assessing a commencing rate to be offered to a successful applicant in a similar way that such experience is considered during the selection process.

17.5 Appointment

(a) Offer of employment

An offer letter will be provided to each successful applicant which will detail the proposed commencing salary within the specified salary range for the position and make reference to the main conditions of employment set out in Clause 3 and elsewhere in this Award.

(b) Probation

An individual permanently employed in a position who was not a permanent employee immediately prior to recruitment shall be required to serve a probationary period of six months.

The Chief Executive Officer or delegate may:

(i) dispense with the requirement for a probationary period;

(ii) extend a probationary period up to the maximum period of two years; or

(iii) annul the appointment of a person on probation.

Before the expiry of an employee's probationary period, the Corporation shall require the employee to undergo a medical examination to be conducted by the Corporation’s contracted medical provider for the purpose of determining the employee's fitness to carry out the duties of the position.

18 Sickness - Medical Examination

18.1 If the Corporation has reason to believe that the health of an employee:

(a) may render the employee a danger to other employees or to the public; or

(b) is likely to be seriously affected by the employee remaining at work or, if the employee is absent from work, by the employee resuming work,

the Corporation may direct the employee to submit to a medical examination to be conducted by the Corporation’s contracted health provider.

18.2 If the Corporation has issued any such direction to an employee, the employee:

(a) must, if at work, cease work immediately; and

(b) must not resume work until the completion of the medical examination concerned unless:

(i) the concurrence of the Corporation’s contracted health provider is first obtained; or

(ii) a certificate is furnished by a medical practitioner that the employee is fit to resume work.

18.3 The Corporation shall, on receipt of a medical assessment from the Corporation’s contracted health provider that an employee is:

(a) fit to continue work in the Corporation - direct, in writing, that employee, if absent from work, to return to work; or

(b) unfit to continue work in the Corporation -direct, in writing, that employee:

(i) if at work - to cease work immediately; or

(ii) if absent from work - not to resume work.

18.4 If a direction has been given to an employee under 18.3 (a), the nature of the leave, if any, to be granted to the employee during the absence from work shall be determined by the Corporation after consideration of any relevant advice from the Corporation’s contracted health provider.

18.5 An employee to whom a direction has been given under 18.3 (b) shall not resume work unless the Corporation, on the advice of the Corporation’s contracted health provider, so approves in writing.

19 Restructuring, Organisational Change And Managing Displaced Employees

19.1 The parties agree to an ongoing consultation process involving management and employees of the Corporation and the Association regarding any proposed restructuring of a division, branch or work unit and/or the introduction of organisational change, including technological change.

19.2 It is recognised that the above parties can contribute valuable ideas in the process of restructuring and organisational change. At the same time it is acknowledged that management is responsible for the final decision on the introduction of new working arrangements.

19.3 The parties agree that the consultation process shall not be used as a basis to delay the introduction of the restructuring or organisational change.

19.4 Where employees are displaced as a result of restructuring or organisational change, the Corporation will examine all available avenues for internal redeployment.

19.5 Where displaced employees are unable to be placed internally within the Corporation, the prevailing NSW Government policy on displaced employees shall be applied.

20 Negotiating The Next Award

The parties agree to begin negotiations 6 months prior to the expiry of this award.

21 Intentions To The Parties

21.1 Classification Structures

The parties agree to negotiate new or revised classification structures appropriate to the business needs of the Corporation during the term of this Award.

21.2 Performance Pay

During the term of this Award, the parties agree to investigate the development of a performance pay system linked to the Corporation's Performance Management System.

21.3 Human Resources Manual

The Corporation agrees to consult with the Association on those Human Resource Manual Policies and Procedures which flow directly from Clauses within this Award.

22 Savings Of Rights

Where it is demonstrated that an employee has suffered a significant loss or diminution in conditions of employment as a result of the making of this Award, the Corporation, subject to any conciliation or arbitration required by either party, will provide reasonable adjustment to such conditions of employment.

23 Anti-Discrimination

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

b) 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 discriminatory effect.

c) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

d) Nothing in this clause is to be taken to affect:

(i) any conduct or act which is specifically exempted from anti-discrimination legislation;

(ii) offering or providing junior rates of pay to persons under 21 years of age;

(iii) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

(iv) a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

(e) 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

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

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

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

24 Grievance And Dispute Resolution

Any dispute between Employee(s), the Association and the Corporation should follow the steps below. In addition, the underlying principles relating to the resolution of grievances should be followed in dealing with disputes. The Industrial Relations Act 1996 specifies that normal work must continue while these procedures are being followed. If a health or safety risk is present, the Human Resources Manager should be notified for appropriate assessment and action.

Step 1 Employee(s) or the Association representative should contact the relevant supervisor in the first instance. The supervisor must commence to deal with the dispute as quickly as possible.

Step 2 If the dispute is unresolved, the employees or Association representative may request another meeting where the Corporation will be represented by the immediate supervisor and the next level manager.

Step 3 All unresolved disputes will be referred to the Corporation's Human Resources Manager who will attempt to mediate the dispute.

Step 4 If the dispute is unresolved, the employee(s) or Association representative may approach the Director Planning and Human Resources to resolve the dispute. Where the grievance has industrial or human resource implications, the Director of Planning and Human Resources should seek the advice of the Chief Executive Officer.

Step 5 If the dispute is still unresolved, the Employee(s), Association or the Corporation may refer the dispute to the Industrial Relations Commission of New South Wales.

25 Area, Incidence And Duration

25.1 This Award applies to all employees of the Corporation and employees of any affiliate of the Corporation as defined in Clause 2, Definitions-General.

25.2. This Award is made following a review under Section 19 of the Industrial Relations Act 1996 and rescinds and replaces the New South Wales Lotteries Corporation (Conditions of Employment) 1998 Award published on 4 December 1998 (307 IG 328) as varied.

25.3. It shall take effect on and from 7 May 2001 and remains in force until varied or rescinded, the period for which it was made having already expired.

PART B

SCHEDULE 1 - EXPENSE RELATED ALLOWANCES

Table of Allowances

(1) Accommodation Expenses- Employee Arranged Accommodation (Subclause 12.5)

The following rates are tied to the Australian Public Service rates of Travelling Allowance for Non Senior Executive Service officers, which have been set by the Australian Taxation Office as the prescribed reasonable limits for the purposes of taxation:

	Accommodation Expenses	Breakfast	Lunch	Dinner	Incidental Expenses
Adelaide	105	16.05	17.90	30.80	13.25
Brisbane	113	16.05	17.90	30.80	13.25
Canberra	86	16.05	17.90	30.80	13.25
Darwin	105	16.05	17.90	30.80	13.25
Hobart	81	16.05	17.90	30.80	13.25
Melbourne	157	16.05	17.90	30.80	13.25
Perth	118	16.05	17.90	30.80	13.25
Sydney	140	16.05	17.90	30.80	13.25
High Cost Country Centres	See next table.	16.05	17.90	30.80	13.25
Tier 2 Country Centres (See Note below)	69	14.30	16.40	28.25	13.25
Other Country Centres	59	14.30	16.40	28.25	13.25

High Cost Country Centres- Accommodation Expenses:

Country Centre	$	Country Centre	$
Alice Springs (NT)	76	Katherine (NT)	78
Ballarat (Vic)	80	Kununurra (WA)	100
Broken Hill (NSW)	80	Launceston (Tas)	86
Broome (WA)	141	Maria (SA)	74
Burnie (Tas)	81	Newcastle (NSW)	80
Cairns (Qld)	88	Newman (WA)	104
Christmas Island	97	Nhulunbuy (SA)	117
Cocos (Keeling) Islands	121	Norfolk Island	121
Dampier (WA)	75	Paraburdoo (WA)	82
Derby (WA)	85	Pt Hedland (WA)	102
Devonport (Tas)	80	Roebourne (WA)	75
Exmouth (WA)	110	Thursday Island	126
Gold Coast (Qld)	102	Tom Price (WA)	82
Geelong (Vic)	75	Wagga Wagga (NSW)	75
Halls Creek (WA)	86	Weipa (Qld)	86
Horn Island	97	Wilpena (SA)	86
Jabiru (NT)	161	Wollongong (NSW)	100
Kalgoorlie (WA)	82	Wyndham (WA)	100
Karratha (WA)	125	Yulara (NT)	277

Tier 2 Country Centres are: Albany (WA), Bathurst (NSW), Bendigo (Vic), Bright (Vic), Bunbury (WA), Carnarvon (WA), Castlemaine (Vic), Geraldton (WA), Gosford (NSW), Griffith (NSW), Leeton (NSW), Northam (WA), Orange (NSW), Port Lincoln (SA).

(2) Meal Breaks and Allowances (Subclause 14.2(a) )

Meal Allowances:

(a)(i) $10.00

(a)(ii) $15.00

(a)(iii) $10.00

(a)(iv) $15.00, subsequent meal allowance of $10.00

(a)(v) $15.00, subsequent meal allowance of $10.00

(3) Use of Private Motor Vehicles (Subclause 14.3)

Motor Car Allowance - Official Business

Engine Capacity	Rate per Kilometre
Over 2700 cc	63.2 cents
1600 to 2700 cc	58.8 cents
Under 1600 cc	42.1 cents

(4) Garage Allowance (Subclause 14.4)

An allowance of $392 per year.

(5) Home Office Allowance (Subclause 14.5)

An allowance of $555 per year.

(6) Adjustment of Allowances

The Accommodation Allowances - Employee Arranged Accommodation as prescribed in Item 1 of this Schedule shall be varied in line with adjustments determined for Australian Public Service rates of Travelling Allowance for Non Senior Executive Service officers.

The allowances prescribed under Items 2,3,4 and 5 of this Schedule shall be reviewed at the expiry of this Award, in line with movements of the Consumer Price Index.

Schedule 2 - 12 Hour Shiftwork Rosters -8 Week Rotations

FEATURES:

• 4 teams

• 2 day shifts followed by 2 night shifts, then 4 days off duty

• 8 week rotating roster period

• 28 shifts of 10 hours ordinary working time completed in each period

• 280 hours/ 8 weeks = 35 hour week average

• 28 shifts x 30 minutes Rostered Time Off - totals 14 hours accrued in 8 weeks

WEEK 1 WEEK 2

Fri	Sat	Sun	Mon	Tue	Wed	Thu	Fri	Sat	Sun	Mon	Tue	Wed	Thu
1	1	2	2	3	3	4	4	1	1	2	2	3	3
4	4	1	1	2	2	3	3	4	4	1	1	2	2

WEEK 3 WEEK 4

Fri	Sat	Sun	Mon	Tue	Wed	Thu	Fri	Sat	Sun	Mon	Tue	Wed	Thu
4	4	1	1	2	2	3	3	4	4	1	1	2	2
3	3	4	4	1	1	2	2	3	3	4	4	1	1

WEEK 5 WEEK 6

Fri	Sat	Sun	Mon	Tue	Wed	Thu	Fri	Sat	Sun	Mon	Tue	Wed	Thu
3	3	4	4	1	1	2	2	3	3	4	4	1	1
2	2	3	3	4	4	1	1	2	2	3	3	4	4

WEEK 7 WEEK 8

Fri	Sat	Sun	Mon	Tue	Wed	Thu	Fri	Sat	Sun	Mon	Tue	Wed	Thu
2	2	3	3	4	4	1	1	2	2	3	3	4	4
1	1	2	2	3	3	4	4	1	1	2	2	3	3

Schedule 3 - Calculation Of Annualised Shift Loading For 12 Hour Shifts

The currently applicable shift loadings are calculated on an annual basis with the following assumptions being made:

• 182 shifts of 10 hours working time (per 12 hour shift) worked in a year

• 28 shifts worked in an 8 week (56 day) rotating roster period

• 6.5 x 56 day rotating roster periods = 364 days

• 65 day shifts calculated at:

- 21 x nil day shift loading

- 22 x 10% afternoon shift loading

- 22 x 12.5% afternoon shift loading

• Half-day (3.5 hours) Christmas Eve/ New Year’s Eve Concession is paid out

• The first meal break (1 hour) is an unpaid meal break

• The second meal break of 30 minutes is a paid meal break at the ordinary salary rate of pay

Calculations are as follows:

Day shifts - Monday to Friday

21 x 10 hours + nil % = 210 hours

22 x 10 hours + 10% = 242 hours

22 x 10 hours + 12.5% = 247.5 hours

650 hours (+699.5) 699.5

Night shifts - Monday to Friday

65 x 10 hours + 15% = 747.5 hours

650 hours (+747.5) 1447

Saturday shifts - Day and Night

26 x 10 hours + 50% = 390 hours

260 hours (+390) 1837

Sunday shifts - Day and Night

26 x 10 hours + 75% = 455 hours

260 hours (+455) 2292

Total Hours Worked - 1820 p.a. Hours Paid - 2292

Plus Public Holidays - (11 per year x 35 hours week average = 77 hours)

40 hours "on" x 150% = 60

37 hours "off" x 100% = 37

77 hours (+97)

Less normal loadings paid Monday to Sunday

30 hours day shifts (M-F) x 9% (average) = 2.7

27 hours night shifts (M-F) x 15% = 4.05

10 hours (Saturday shift) x 50% = 5.00

10 hours (Sunday shift) x 75% = 7.5

77 (-19.25) (+ 77.75)

2369.75

Plus Premier's Day Christmas Concession

3.5 hours + 12.5% average = 3.94

(+3.94) 2373.69

Plus Paid 30 minute second meal break at

ordinary salary rate of pay

0.5 hours x 182 shifts p.a. = 91 hours

(+91) 2464.69

Total Hours Paid 2464.69

(Less)Total Hours Worked pa -1820.00

Difference 644.69

Annualised Shift Loading = 35.4%

R. W. HARRISON, D.P.

____________________

Printed by the authority of the Industrial Registrar.

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