Local Government (State)
Award 2017
INDUSTRIAL
RELATIONS COMMISSION OF NEW SOUTH WALES
Application by New South Wales Local Government, Clerical, Administrative, Energy,
Airlines & Utilities Union, Industrial Organisation of employees.
(Case No. 2016/214552)
Before
Commissioner Murphy
|
30 June 2017
|
AWARD
PART A
1. Arrangement
Clause No. Subject
Matter
1 Arrangement
2 Statement of Intent
3 Anti-discrimination
4 Definitions
5 Skill Descriptors
6 Rates of Pay
7 Salary System
8 Use of Skills
9 Performance Evaluation and Reward
10 Payment for Relief Duties/Work
11 Payment of Employees
12 Annualised Salaries
13 Salary Sacrifice
14 Superannuation and Related Arrangements
15 Allowances, Additional Payments and
Expenses
16 Motor Vehicle Arrangements
17 Residence
18 Hours of Work
19 Overtime
20 Holidays
21 Leave Provisions
22 Flexibility for Work and Family
Responsibilities
23 Phased Retirement
24 Health and Wellbeing
25 Part-time Employment
26 Casual Employment
27 Job Share Employment
28 Labour Hire
29 Multiple Employment
30 Junior and Trainee Employment
31 Training and Development
32 Consultative Committees
33 Appointment and Promotion
34 Term Contracts
35 Grievance and Dispute Procedures
36 Disciplinary Procedures
37 Work Health and Safety
38 Termination of Employment
39 Workplace Change
40 Termination of Employment due to
Redeployment and Redundancy
41 Council Agreements
42 Savings and Transitional
43 Leave Reserved
44 Area, Incidence and Duration
PART B
MONETARY
RATES
Table 1 -
Rates of Pay
Table 2 -
Allowances
Schedule 1 -
Minimum Standards of Caravan Accommodation to be provided to Employees Required
to Camp Out.
2. Statement of Intent
The parties to
the Award are committed to co-operating positively to increase the
productivity, structural efficiency and financial sustainability of Local
Government and to provide employees with access to more fulfilling, varied and better-paid
work by providing measures to, for instance:
improve
skill levels and establish skill-related career paths;
eliminate
impediments to multi-skilling;
broaden the
range of tasks which a worker may be required to perform;
achieve
greater flexibility in workplace practices;
eliminate
discrimination;
establish
rates of pay and conditions that are fair and equitable;
work
reasonable hours;
promote job
security;
ensure and
facilitate flexibility for work and family responsibilities;
ensure the
delivery of quality services to the community and continuous improvement;
encourage
innovation;
promote
cooperative and open change management processes; and
promote the
health and safety of workers and other people in the workplace.
3. Anti-Discrimination
(i) It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 (NSW) to prevent and eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a carer.
(ii) It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this Award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this Award are not directly or indirectly
discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the Award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977 (NSW), it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
(iv) Nothing in this clause is to be taken to
affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977 (NSW);
(d) a party to this
Award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
(v) This clause does not create legal rights
or obligations in addition to those imposed upon the parties by the legislation
referred to in this clause.
NOTES
(a) Employers and employees may also be
subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 (NSW)
provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
4. Definitions
(i) Association
means the Local Government and Shires Association of New South Wales, which is
also known as Local Government NSW (LGNSW).
(ii) Council means a Municipal, City, Shire,
County Council or Council within NSW as defined in the Local Government Act 1993. This definition shall be read subject to
the allocation of responsibilities as specified in the Local Government Act 1993 (NSW).
(iii) Competency based training refers to
training concerned with the attainment and demonstration of specified skills,
knowledge and their application to meet industry standards.
(iv) Complying superannuation fund has the same
meaning as in the Superannuation Industry
(Supervision) Act 1993 (Cth).
(v) Days - unless otherwise specified, any
reference to 'days' shall mean calendar days.
(vi) Employer means all employers in local government
or in the local government industry within NSW that are covered by clause 44,
Area, Incidence and Duration of this Award.
(vii) General Manager shall mean a person
appointed in accordance with section 334 of the Local Government Act 1993 (NSW) to discharge the duties and
responsibilities of the office of general manager as set out in section 335 of
the Local Government Act 1993 (NSW)
and such other duties that a council may delegate to the general manager. When
carrying out these duties, the general manager is acting on behalf of the
council.
(viii) Ordinary Pay means remuneration for the
employee's normal weekly number of hours of work calculated at the ordinary
time rate of pay. Ordinary pay shall include, but not be limited to the following
penalties and allowances where they are regularly received:
• Saturday, Sunday and
shift penalties
• hours
of work flexibility agreements allowances
• adverse
working conditions allowances
• climatic,
west of the line allowances
• civil
liability allowance
• tool
allowances
• on
call allowance
• first
aid allowance
• community
language and signing work allowances.
provided
that subject to the exclusions below and at clauses 10(ii) and 21D(ix), an
employee’s ordinary pay during periods of paid leave under this Award shall not
be more or less than what the employee would have received had the employee not
been on paid leave.
The
following allowances shall be excluded from the composition of ordinary pay:
• overtime
payments
• camping
allowance
• travelling allowances
• sewer
chokes allowance
• vehicle
allowances
• meal
allowances.
(ix) Rostered Day Off means, a non-working day
for full-time employees pursuant to an arrangement of ordinary hours under
clause 18A, where the employee:
(a) within two
weeks, is granted four days off and one additional day off (the "rostered
day off"); or
(b) within three
weeks, is granted six days off and one additional day off (the "rostered
day off"); or
(c) within four weeks,
is granted eight days off and one additional day off (the "rostered day
off").
(x) Seven day a week rotating roster system
means a work roster system in which the employee is regularly required to work:
(a) ordinary hours
on each of the seven calendar days of the week; and
(b) ordinary hours on at least one Saturday
and one Sunday in every four, or in the case of a seasonal worker an average of
at least twelve Saturdays and twelve Sundays during a twelve month period; and
(c) on Public
Holidays; and
(d) at different
agreed commencement times during the roster period (i.e. different shifts)
provided
that where, prior to the commencement of this Award, an employee regularly
worked according to a roster system that the employer regarded as a seven day a
week rotating roster system, and the employee continues to work according to
the same roster system, the roster system shall be deemed to be a seven day a
week rotating roster system for that employee.
(xi) Significant effects include termination of
employment, major changes in the composition, operation or size of the
employer's workforce or in the skills required, the elimination or diminution
of job opportunities, promotion opportunities or job tenure, the alteration of
hours of work, the need for retraining or transfer of employees to other work
or locations and the restructuring of jobs. Provided that where the Award makes
provision for the alteration of any of the matters referred to herein an
alteration shall be deemed not to have significant effect.
(xii) Superannuation contributions means all
contributions to a complying superannuation fund, and includes (without
limitation) any superannuation contributions required to be made under the
Superannuation Guarantee (Administration) Act 1992 (Cth),
and any additional superannuation contributions made by way of salary
sacrifice.
(xiii) Union means the New South Wales Local
Government, Clerical Administrative, Energy, Airlines & Utilities Union
(USU); the Local Government Engineers’ Association of New South Wales (LGEA);
the Development and Environmental Professionals’ Association (DEPA); and the
Nurses’ and Midwives Association of New South Wales.
5. Skill Descriptors
The Award
structure consists of skill based bands and levels that are defined according
to the following skill descriptors:
(i) Operational
Band 1, Level 1
Authority
and accountability: Completion of basic tasks with work closely monitored by
the team leader or supervisor.
Judgement and
problem solving: Judgement is limited and coordinated by other workers.
Specialist
knowledge and skills: Specialist knowledge and skills are obtained through
on-the-job training and employer-based induction training. Off-the-job training
may lead to trade, technical or professional qualifications.
Management
skills: Not required.
Interpersonal
skills: Limited to communications with other staff and possibly, with the
public.
Qualifications
and experience: Completion of School Certificate or the Higher School
Certificate may be sought. Completion of an appropriate labour market program
or similar short-term work/skills experience is desirable.
(ii) Operational Band 1, Level 2
Authority
and accountability: Responsible for completion of basic tasks with individual
guidance or in a team.
Judgement
and problem solving: Applies standard procedures with normally few if any
options in the application of skills.
Specialist
knowledge and skills: Job specific skills and knowledge would normally be
gained through on-the-job training and experience. Short courses may be
completed at TAFE.
Management
skills: Not required.
Interpersonal
skills: Frequent communication with other staff and/or the public common but
normally at a routine level.
Qualifications
and experience: Incumbents may have attended short courses in specific work
areas or be undertaking a technical college certificate as completion of
structured training program in work-related area.
(iii) Operational
Band 1, Level 3
Authority and
accountability: Responsible for completion of regularly occurring tasks with
general guidance on a daily basis.
Judgement
and problem solving: Judgement is required to follow predetermined procedures
where a choice between more than two options are present.
Specialist
knowledge and skills: Application of skills, including machine-operation
skills, following training "on the job" or accredited external
training over a number of months.
Management
skills: Some guidance/supervision may be required. May assist
a co-ordinator/trainer with on-the-job training.
Interpersonal
skills: Skills required for exchange of information on straightforward matters.
Qualifications
and experience: Suitable experience or qualifications in a number of defined
skill areas.
(iv) Operational
Band 1, Level 4
Authority
and accountability: Responsible for supervising staff in operational duties or
for work requiring independence in the application of skills, subject to
routine supervision. Responsible for quality of work function.
Judgement
and problem solving: Option on how to approach tasks requires interpretation of
problems and may involve precise judgement in operational areas.
Specialist
knowledge and skills: The number of work areas in which the position operates
makes the work complicated and a variety of skills are required in its
completion. Position may require competence in operation of complex machinery.
Management
skills: Supervisory skills in the communication of instructions, training and
the checking of work may be required.
Interpersonal
skills: Skills are required to convince and explain specific points of view or
information to others and to reconcile differences between parties.
Qualifications
and Experience: Experience to adapt procedures to suit situations and a
thorough knowledge of the most complex operational work procedures to achieve
work objectives.
(v) Administrative/Technical/Trades
Band 2, Level 1
Authority
and accountability: Responsible for the completion of work requiring the
application of trades, administrative or technical skills.
Judgement
and problem solving: Skills in assessing situations and in determining
processes, tools and solutions to problems. Guidance is available.
Specialist
knowledge and skills: Positions will have demonstrated competence in a number
of key skill areas related to major elements of the job.
Management
skills: Positions may require skills in the supervision or co-ordination of
small groups.
Interpersonal
skills: Communication skills to explain situations or advise others.
Qualifications
and experience: Appropriate work-related trade, technical or administrative
qualifications or specialist skills training.
(vi) Administrative/Technical/Trades Band 2, Level 2
Authority
and accountability: Responsibility as a trainer/co-ordinator for the operation
of a small section which uses staff and other resources, or the position
completes tasks requiring specialised technical/administrative skills.
Judgement
and problem solving: Skills to solve problems which require assessment of
options with freedom within procedural limits in changing the way work is done
or in the delegation of work. Assistance may be readily available from others
in solving problems.
Specialist
knowledge and skills: Positions will have specialised knowledge in a number of
advanced skill areas relating to the more complex elements of the job.
Management
skills: May require skills in supervising a team of staff, to motivate and
monitor performance against work outcomes.
Interpersonal
skills: In addition to interpersonal skills in managing others, the position
may involve explaining issues/policy to the public or others and reconcile
different points of view.
Qualifications
and experience: Thorough working knowledge and experience of all work
procedures for the application of technical/trades or administrative skills,
based upon suitable certificate or post-certificate-level qualifications.
(vii) Administrative/Technical/Trades
Band 2, Level 3
Authority
and accountability: May be responsible to provide a specialised/technical
service and to complete work which has some elements of complexity. Make
recommendations within the employer and represent the employer to the public or
other organisations.
Judgement
and problem solving: Problem solving and judgements are made where there is a
lack of definition requiring analysis of a number of options. Typical
judgements may require variation of work priorities and approaches.
Specialist
knowledge and skills: Positions have advanced knowledge and skills in a number
of areas where analysis of complex options is involved.
Management
skills: May supervise groups of operational and/or other
administrative/trades/technical employees. Employees supervised may be in a
number of different work areas, requiring motivation, monitoring and
co-ordination to achieve specific outputs.
Interpersonal
skills: Skills to communicate with subordinate staff and the public and/or
negotiation/persuasive skills to resolve disputes with staff or the public.
Qualifications
and experience: An advanced certificate, associate diploma, appropriate
in-house training or equivalent combined with extensive experience in the
application of skills in the most complex areas of the job.
(viii) Professional/Specialist
Band 3, Level 1
Authority
and accountability: Provides specialised/technical services to complete
assignments or projects in consultation with other professional staff. May work with a team of technical or administrative employees
requiring the review and approval of more complex elements of the work
performed by others.
Judgement
and problem solving: Problems require assessment of a range of options having
elements of complexity in reaching decisions and making recommendations. Precedent
is available from sources within the employer, and assistance is usually
available from other professional/specialist staff in the work area.
Specialist
knowledge and skills: Positions require considerable knowledge in a specific
area with a sufficient level of skills and knowledge to resolve issues having
elements of complexity that may not be clearly defined.
Management
skills: Positions at this entry level to the Professional/Specialist Band are
not required to possess management skills.
Interpersonal
skills: Persuasive skills are required to participate in technical discussions
to resolve problems, explain policy and reconcile viewpoints.
Qualifications
and experience: Professional/specialist positions require professional
qualifications to apply theoretical knowledge to practical situations.
(ix) Professional/Specialist
Band 3, Level 2
Authority
and accountability: Provides a specialised/technical service in the completion
of work and/or projects which have elements of complexity (composed of many
parts that may be more conceptual than definite).
Judgement
and problem solving: Positions require the interpretation of information and
development of suitable procedures to achieve agreed outcomes. Problem solving and decision making require analysis of data to
reach decisions and/or determine progress.
Specialist
knowledge and skills: Experience in the application of technical concepts and
practices requiring additional training are required at this level.
Management
skills: May manage a number of projects involving people and other resources
requiring project control and monitoring as well as motivation and
co-ordination skills.
Interpersonal
skills: Interpersonal skills in leading and motivating staff in different
teams/locations may be required, as well as persuasive skills to resolve
problems or provide specialised advice.
Qualifications
and experience: Positions at this level would have supplemented base level
professional qualifications with additional skills training. Considerable
practical experience or skills training would be required to effectively
control key elements of the job.
(x) Professional/Specialist
Band 3, Level 3
Authority
and accountability: Provides a professional advisory role to people within or
outside the employer. Such advice may commit the employer and have significant
impact upon external parties dealing with the employer. The position may manage
several major projects or sections within a department of the employer.
Judgement
and problem solving: Positions have a high level of independence in solving
problems and using judgement. Problems can be multi-faceted requiring detailed
analysis of available options to solve operational, technical or service
problems.
Specialist
knowledge and skills: The skills and knowledge to resolve problems where a
number of complex alternatives need to be addressed.
Management
skills: May be required to manage staff, resolve operational problems and
participate in a management team to resolve key problems.
Interpersonal
skills: Interpersonal skills in leading and motivating staff may be required.
Persuasive skills are used in seeking agreement and discussing issues to
resolve problems with people at all levels. Communication skills are required
to enable provision of key advice both within and outside the employer and to
liaise with external bodies.
Qualifications
and experience: Tertiary qualifications combined with a high level of practical
experience and an in-depth knowledge of work.
(xi) Professional/Specialist
Band 3, Level 4
Authority
and accountability: Accountable for the effective management of major sections
or projects within their area of expertise. As a specialist, advice would be
provided to executive level and to the employer on major areas of policy or on
key issues of significance to the organisation. The position's influence would
have an important role in the overall performance of the function.
Judgement
and problem solving: Positions would determine the framework for problem
solving or set strategic plans with minimal review by senior management. At
this level, the position may represent senior management or the employer in the
resolution of problems. The oversight of problem solving and assessment of the
quality of judgements made by less qualified staff will apply at this level.
Specialist
knowledge and skills: Positions require knowledge and skills for the direction
and control of a key function of the employer or major functions within a department.
Positions require expert knowledge and skills involving elements of creativity
and innovation in addressing and resolving major issues.
Management
skills: Positions may direct professional or other staff in the planning,
implementation and review of major programs, as well as participating as a key
member of a functional team.
Interpersonal
skills: Interpersonal skills in leading and motivating staff will be required
at this level. Positions require the ability to negotiate on important matters
with a high degree of independence. Positions are required to liaise with the
public and external groups and organisations.
Qualifications
and experience: Specialist tertiary qualifications in an appropriate field of
study combined with extensive practical experience in all relevant areas in
order to plan, develop and control major elements of
work.
(xii) Executive
Band 4
Authority
and accountability: Accountable for the direction and control of the employer
or a department or the like. Influence and commit the employer or a department
or the like to long-term strategic directions. Lead policy development and
implementation.
Judgement
and problem solving: Positions solve problems through analytic reasoning and
integration of wide-ranging and complex information, and have a high level of
independence in determining direction and approach to issues.
Specialist
knowledge and skills: The position requires the application of a range of
specialist knowledge and skills, including relevant legislation and policies
and other areas of precedent. Ability to provide
authoritative advice to the employer.
Management
skills: Application of corporate management skills in a diverse organisation to
establish goals and objectives. Manage and control staff, budgets and work
programs or major projects of the employer or a department or the like
utilising leadership, evaluation and monitoring skills to facilitate
achievement of objectives. Ability to generate innovative approaches to more
effectively deploy resources, meet changing circumstances and improve service
to the employer's clients.
Interpersonal
skills: Positions use persuasive skills with external parties on major items of
critical importance to the employer. They motivate managers and staff at all
levels by leading and influencing others to achieve complex objectives. They
influence the development of the employer.
Qualifications
and experience: Positions will have a relevant degree or equivalent and
management experience, combined with accredited management qualifications.
6. Rates of Pay
(i) The
rates of pay are established for positions with the skills descriptors as
defined in Clause 5, Skill Descriptors of this Award.
(ii) The rates of pay
are set out in Table 1 of Part B of this Award and are entry level rates of pay
only, except for Operational Band 1, Level 1, which are
actual rates of pay.
(iii) The employer
shall introduce a salary system to complement the skills-based structure and
rates of pay of the Award.
7. Salary System
(i) A
salary system determines how employees are paid. An employee shall be paid the
salary system rate of pay that recognises the skills the employee is required
to apply on the job.
(ii) The salary
system shall have a structure that complements the entry level rates of pay and
skill descriptors in the Award by identifying grades. Each grade shall contain
a number of salary points/steps for progression that are over and above the
entry level rates of pay.
(iii) Positions shall be assigned a salary
grade(s) within the structure. A position may extend across more than one grade
in the employer's salary system or level as prescribed by Clause 5 Skills
Descriptors of this Award.
(iv) Progression through the salary system shall be
based upon:
(a) the acquisition
and use of skills; or
(b) employee
performance, provided that progression beyond the award entry level based upon
the acquisition and use of skills is also available.
(v) Where Skills Based Progression is Not
Reasonably Available Within the Salary Range for the
Position, Employees Shall Have Access to Progression Based on the Achievement
of Performance Objectives Relating to the Position. Such Performance Objectives
Shall be Set in Consultation With the Employee(S).
(vi) Subject to
subclauses (iv) and (v), skills for progression
relevant to the position shall be assigned to each salary point/step within the
grade, or set at the annual assessment provided that such criteria shall
provide an opportunity to progress through the salary system.
(vii) Except where otherwise provided, employees
shall be assessed for progression through the salary range for their position
at least annually or when they are required to use skills that would entitle
them to progress in the salary system.
(viii) The employer shall not be required to
conduct annual assessments for those employees who have progressed through the
salary system to the maximum point/step for their position, provided that if an
employee on or above the maximum point/step for their position requests an
annual assessment in writing, the employer will provide one.
(ix) At the time of
assessment, the employer shall advise the employee of the skills and/or the
performance objectives required for the employee to progress to the next salary
point/step and shall review the employee's training needs.
(x) The salary
system shall include a process by which employees can appeal against their
assessment.
(xi) Employees shall
have access to information regarding the grade, salary range and progression
steps of the position.
(xii) Where the
employer changes its salary system structure, employees shall not suffer a
reduction in pay or salary range.
Further, employees shall not suffer a reduction in progression steps
based on the acquisition and use of skill, unless otherwise agreed.
8. Use of Skills
(i) The
parties are committed to improving skill levels and removing impediments to multi
skilling and broadening the range of tasks that the employee is required to
perform.
(ii) The employer
may direct the employee to carry out such duties that are within the limits of
the employee's skill, competence and training.
(iii) An employee shall
be paid the salary system rate of pay that recognises the skills the employee
is required to apply on the job.
(iv)
(a) The skills paid for shall not be limited
to those prescribed by the job description and may,
where appropriate, include skills possessed by the individual which are
required by the employer to be used as an adjunct to the employee's normal
duties.
(b) Subject to subclauses (xii) and (xiii)
of Clause 15, Allowances, Additional Payments and Expenses, employees who are
required by the employer to use such additional skill(s) in the performance of
their duties shall have the use of these skill(s) considered in the evaluation
of the position.
9. Performance Evaluation and Reward
A. ENTERPRISE
(i) It is the
intention of the parties to create a flexible award in which employers can
increase the overall efficiency and effectiveness of local government services.
(ii) Employers should consider the
development of enterprise key performance indicators which are specific to
local needs.
(iii) Where the employer develops enterprise
key performance indicators regard shall be had to the following:
(a) measurement of
the manner and process by which services are provided;
(b) measurement of both
qualitative and quantitative aspects of service provision e.g. community
satisfaction, timeliness, service quality, output and cost data.
(iv) Employers shall discuss enterprise key
performance indicators relating to human resources activities and/or job
redesign with the consultative committee.
(v) Employee(s) or the employer may seek
assistance from the appropriate union or Association in developing and
implementing enterprise key performance indicators.
B. INDIVIDUAL/TEAM
(i) Enterprise
key performance indicators may be used to develop performance targets for teams
or individual employees.
(ii) All employees need to know and have
confirmed the role, accountabilities and performance standards that are
expected of them. Role clarity, acceptance of goals and regular feedback are
essential to effective performance. A key aim should be to provide a means of
recognising and rewarding high performance and to provide an early assessment
and response to substandard performance. A review system also provides a basis
for identifying development needs for individuals, and can be used as an
important input to promotion decisions.
(iii) This Award recognises that all employees
shall have on-going feedback about performance. The performance development
process can be simplified to three stages:
(1) joint
development on objectives and performance standards;
(2) progress
reviews; and
(3) a formal
performance review which is followed by decisions and outcomes.
C. BONUS AND ADDITIONAL
PERFORMANCE PAYMENTS
(i) Employers
may make available access to bonus payments or other opportunities for
additional reward for those employees who have progressed through the salary
system to the maximum point/step for their position.
(ii) Where a salary system provides for the payment
of a performance component separate from a skills component, variations to
payments under the performance component shall not affect payments under the
skills component.
10. Payment for Relief Duties/Work
(i) An
employee required to relieve in a position which is at a higher level within
the salary system shall be paid for that relief. The rate to be paid shall be
determined by considering the skills/experience applied by the employee
relieving in the position but shall be at least the minimum rate for that
position in accordance with the salary system except where the higher level
skills have been taken into account within the salary of the relieving
employee.
(ii) Payment for
use of skills relieving in a higher paid position shall be made for the time
actually spent relieving in the higher position and is not payable when the
relieving employee is absent on paid leave or an award holiday. An employee on
annual leave may be entitled to a higher rate of pay in accordance with the
provisions of Clause 21D(ix) of this Award.
(iii) An award
employee who is required to relieve in a senior staff position, so designated
under the Local Government Act 1993
(NSW), shall be paid an appropriate rate of pay commensurate with the duties
and responsibilities of the relief work undertaken.
(iv) An employee who is required to relieve an employee in a higher level
position, who is on a rostered day off, shall not be entitled to be paid for
that relief, except for employees who were being paid for such relief prior to
the operative date of this award.
11. Payment of Employees
(i) Employees
shall be paid either weekly or fortnightly, or any other period by agreement,
on a fixed regular pay day.
(ii) The employer
shall fix a regular payday, between Monday and Friday inclusive. The employer
may alter the payday if there is prior agreement with the employees affected
and the employees shall not unreasonably withhold their agreement.
(iii) Payment shall
be by cash, cheque or direct credit to the employee's nominated account.
(iv) The
employer shall deduct and pay on behalf of the employee from any remuneration
payable to the employee union membership fees where authorised by the employee
in writing. The employer can deduct and
pay on behalf of the employee from any remuneration payable to the employee
such other amounts as the employee authorises in writing.
(v) An employee’s
ordinary pay shall not be reduced when the employee is prevented from attending
work due to bushfire or other climatic circumstances beyond their control,
provided that this subclause shall not apply if:
alternative
duties are available that the employee can usefully perform, or
the bushfire
or other climatic circumstance occurred outside of the State of New South
Wales, or
the employee
has been unable to attend work for more than one week per bushfire or other
climatic circumstance event. The employee may, in exceptional circumstances,
apply to the employer for paid special leave and such request shall not be
unreasonably refused.
(vi) Where
an employee takes a period of sick leave and subsequently becomes entitled to
the payment of workers compensation for the same period but at a lesser amount than
the sick leave already paid, the employer shall be entitled to deduct from the
employee’s remuneration the difference between the sick leave payment and the
workers’ compensation payment.
12. Annualised Salaries
(i) Annual
salary instead of award provisions
Notwithstanding any other provision of this Award, the
employer and an employee may agree that the employer may pay the employee an
annual salary in satisfaction of any or all payments arising under the
following provisions of the Award:
(a) Rates of Pay -
clause 6;
(b) Use of Skills
- clause 8;
(c) Performance
Evaluation and Reward - clause 9
(d) Payment for
Relief Duties/Work - clause 10
(e) Salary
Sacrifice - clause 13
(f) Allowances,
Additional Payments and Expenses - clause 15
(g) Residence -
clause 17
(h) Hours of Work
- clause 18
(i) Overtime
- clause 19
(j) Holidays -
clause 20
(ii) Annual salary
not to disadvantage employees
(a) The annual
salary must be no less than the amount the employee would have received under this
Award for the work performed over the year for which the salary is paid (or if
the employment ceases earlier over such lesser period as has been worked).
(b) The annual
salary of the employee must be reviewed by the employer at least annually to
ensure that the compensation is appropriate having regard to the award
provisions which are satisfied by the payment of the annual salary.
(c) Employees shall not be denied the
opportunity to apply for new or vacant positions as a result of the operation
of this clause.
(iii) An annual
salary agreement must:
(a) be in writing and signed by both parties;
(b) state the date on which the arrangement commences;
(c) be provided to the employee;
(d) contain a
provision that the employee will receive no less under the arrangement than the
employee would have been entitled to if all award obligations had been met,
taking account of the value of the provision of matters not comprehended by the
award such as private use of an employer provided motor vehicle;
(e) be subject to an annual review;
(f) contain details of any salary package arrangements,
including the annual salary that is payable;
(g) contain details of any other non-salary benefits provided to
the employee such as an employer provided motor vehicle;
(h) contain details of any performance pay arrangements and
performance measurement indicators;
(i) contain the salary for the purposes of accident make up pay
(if applicable); and
(j) contain the award band and level for the role.
(iv) An
annual salary agreement may be terminated:
(a) by the
employer or the employee giving four weeks’ notice of termination, in writing,
to the other party and the agreement ceasing to operate at the end of the
notice period; or
(b) at any time, by written agreement between the employer and
the employee.
(v) On termination
of an annual salary agreement, the employee will revert to the Award
entitlements unless a new annual salary agreement is reached.
(vi) Notwithstanding
the above, annualised salary arrangements entered into prior to 1 July 2014 may
continue to operate in accordance with their terms.
13. Salary Sacrifice
(i) The
employer and an employee may agree to enter into a salary sacrifice
arrangement, which allows an employee to receive a part of their pre tax salary as a benefit rather than salary. Such
agreement shall not unreasonably be withheld.
(ii) Benefits that
may be salary sacrificed include, but shall not be limited to, child care
facilities operated by the employer on its premises; and additional
superannuation and motor vehicles supplied by the employer under lease back
arrangements where the amount to be salary sacrificed for leaseback of the
employer’s motor vehicle is that part of the lease back fee that exceeds the
employer’s fringe benefit tax liability.
(iii) The value of
the benefits shall be agreed between the employer and employee and shall
include fringe benefits tax where applicable.
(iv)
(a) The salary sacrifice arrangement,
including the benefits to be salary sacrificed and their value including fringe
benefit(s) tax, shall be in writing and signed by both the employer and the
employee.
(b) The employee may request in writing to
change the benefits to be salary sacrificed once each year and the employer
shall not unreasonably refuse the request.
(v) The employee’s
gross pay is their pre tax ordinary pay less the
values of the salary sacrifice benefit including fringe benefit(s) tax.
(vi) The value of a
salary sacrifice benefit and applicable fringe benefit tax,
shall be treated as an approved benefit for superannuation purposes and shall
not reduce the employee’s salary for employer contributions.
(vii) The value of
salary sacrifice benefits and applicable fringe benefits tax shall be ordinary
pay for calculating overtime and termination payments.
(viii) The employee
is responsible for seeking appropriate financial advice when entering into any
arrangement under this clause.
(ix)
(a) The employer will ensure that the salary
sacrifice arrangement complies with taxation and other relevant laws.
(b) The employer has the right to vary
and/or withdraw from offering salary sacrifice to employees with appropriate
notice if there is any alteration to relevant legislation that is detrimental
to salary sacrifice arrangements.
(x) A salary
sacrifice arrangement shall cease on the day of termination of employment.
(xi) A salary sacrifice arrangement shall be
suspended during periods of leave without pay.
(xii) The employer
may maintain and/or enter into other salary sacrifice arrangements with
employees.
14. Superannuation and Related Arrangements
(i) Superannuation
Fund Contributions
(a) Subject to the provisions of the Industrial Relations Act 1996 (NSW), the
employer shall make superannuation contributions to the Local Government
Superannuation Scheme and not to any other superannuation fund.
(ii) Salary Sacrifice Arrangements specific
to Superannuation
(a) For the purposes of this sub-clause:
i. "Eligible
employee" means an employee with at least ten (10) years continuous
service with the employer who has an accrued entitlement to long service leave
under the Award that is in excess of the long service leave entitlement that
the employee would have accrued if covered by section 4 of the Long Service Leave Act 1955 (NSW).
ii. "Excess LSL" means the long
service leave that an employee has accrued under the Award that is in excess of
the long service leave that the employee would have accrued if covered by
section 4 of the Long Service Leave Act
1955 (NSW).
iii. "LSL" means Long Service
Leave.
iv. "LSL Act" means the Long Service Leave Act 1955 (NSW).
v. "Ordinary Time Earnings" has
the same meaning as in section 6(1) of the Superannuation
Guarantee (Administration) Act 1992 (Cth).
vi. "Superannuation Fund" means
the Local Government Superannuation Scheme.
(b) Subject to this clause, eligible
employees may, with the consent of the employer, cash out some or all of their
Excess LSL.
(c) Any Excess LSL cashed out in accordance
with clause shall be paid to the employee at the employee’s ordinary pay.
Example: A
full-time employee with 10 years’ continuous service with the employer accrues
13 weeks LSL under the Award, whereas they would have only accrued 8 weeks LSL
if covered by s4 of the LSL Act. After 10 years’ service, the employee would
have up to 5 weeks Excess LSL which may, with the consent of the employer, be
cashed out.
(d) Eligible employees who have Excess LSL
cashed out under this clause must enter into a Salary Sacrifice Arrangement for
the equivalent amount to be paid into the Superannuation Fund as Ordinary Time
Earnings, unless the employee has reached their concessional contribution cap.
(e) Notwithstanding clause 13(vi) of the
Award, any Salary Sacrifice Arrangement made under this clause shall not be
treated as an approved benefit for superannuation purposes.
15. Allowances, Additional Payments and Expenses
(i) Level 1 Adverse Working Conditions
Allowance
(a) A level 1 adverse working conditions
allowance in addition to the weekly rate of pay shall be payable to designated
employees to compensate for the special disabilities associated with working
outdoors and/or for moderately obnoxious, offensive or dirty working
conditions.
(b) The level 1 adverse working conditions
allowance shall be paid at the rate set out in Table 2 of Part B of this Award
and shall be paid for all purposes of the Award but shall not attract any
penalty.
(c) All employees in Levels 2, 3 and 4 of
the Operational Band 1 and employees engaged in the gardening, building, metal
and mechanical trades of the Administrative/Technical/Trades Band 2 shall be
paid the level 1 adverse working conditions allowance for all hours worked,
excepting staff engaged in the following functions:
• Administration
• Civic Centre, Recreation
and Theatre
• Community Services
• Finance
• Garbage, Sanitary and Sullage
• Managing Saleyards
• Noxious Plant Inspection
• Ordinance Control
• Public Relations
• Supervising in Band 2
• Technical Services
• Works Supervisor
(d)
(1) Designated employees in Operational Band
1 and Administrative / Technical / Trades Band 2 who do not qualify for the
allowances at subclauses 15(i)(c)
and 15(ii)(a) shall be paid the level 1 adverse working conditions allowance
for the actual time worked by direction performing the following work, with a
minimum payment of one (1) hour per day on which the work is performed:
Childcare
employees - whilst changing nappies
Employees whose duties involve animal destruction - whilst destroying
companion animals and/or manual handling the remains or faeces of such
companion animals.
For the purpose of this subclause, companion animals means
cats and dogs.
(2) The employer may make an average payment equivalent
to an agreed number of hours per week where the employee is regularly required
to perform such work.
(ii) Level 2 Adverse
Working Conditions Allowance
(a) All employees classified in the
Operational Band 1, of this Award (except for supervisors), who are employed in
garbage, sanitary and sullage collection work or
engaged at garbage tips, in street sweeping and in cleaning offensive materials
from gutters or storm water drains, shall in addition to their weekly rate of
pay, be paid a level 2 adverse working conditions allowance at the rate set out
in Table 2 of Part B of this Award. This allowance shall be paid for all
purposes of the Award but shall not attract any penalty.
(b) The level 2 adverse working conditions
allowance is to compensate for the special disabilities associated with the
hours worked and the offensive, filthy and obnoxious nature of duties performed
by employees engaged in this work.
(iii) Sewer Chokes
The sewer
choke allowance is to compensate for the highly obnoxious working conditions
associated with the clearing of blockages in live sewers, which typically
includes:
(a) the clearing of
blockages in sewer mains (of any diameter) carrying raw or partially treated
sewerage to sewerage treatment plants, often in circumstances where direct
contact with the raw sewerage is unavoidable; and
(b) the clearing of
blockages in other parts of the sewerage system where disassembly is required
and direct contact with raw sewerage is unavoidable.
Employees
clearing sewer chokages and/or other parts of the
sewerage system as provided above shall be paid at the rate set out in Table 2
of Part B of this Award whilst so engaged.
For the
purposes of this subclause, a live sewer shall mean part of a sewerage system
that transports raw or partially treated sewerage from a building to a septic
tank or sewerage treatment works, typically at or below ground surface level.
For the
purposes of this subclause, a sewer choke shall mean a partial or total
blockage that may result in a spill to the external environment from the sewer
system.
The sewer
choke allowance is paid per shift, including overtime shifts which are not
continuous with an ordinary shift.
The sewer
choke allowance shall not be paid in addition to the septic tanks allowance at
subclause 15(iv) or sewerage treatment works allowance at subclause 15(v) of
this Award.
(iv) Septic Tanks
Employees
shall be paid treble rates in addition to their normal rates for all time occupied
on work in connection with the cleaning of septic tanks, and/or septic closets
and/or chemical closets by other than mechanical means. Payments made in
accordance with this subclause shall be in substitution of overtime rates and
any other penalty.
(v) Sewerage Treatment
Works
Employees
required during their ordinary hours of work to enter and clean or enter and
maintain digestion tanks at sewerage treatment works, aeration ponds or wet
wells at sewer pump stations, where direct contact with raw sewerage is
unavoidable, shall be paid at the rate of double ordinary rates for all time
worked. Payments made in accordance with this subclause shall be in
substitution of overtime rates and any other penalty.
(vi) Employee
Providing Tools
(a) Where the employee and the employer
agree that the employee shall supply their own tools, a tool allowance shall be
paid as follows: -
|
PER WEEK $
|
Bricklayer
|
Table 2 of Part B
|
Carpenter and
Plumber
|
Table 2 of Part B
|
Metals and
Mechanical Trades
|
Table 2 of Part B
|
Painter and Signwriter
|
Table 2 of Part B
|
Plasterer
|
Table 2 of Part B
|
(b) Complete Tool Kits - allowances paid to
employees in accordance with this clause shall be deemed to apply in respect of
a full range of tools ordinarily used in carrying out the trade, occupation,
duties and functions.
(c) Special Purpose Tools - allowances
prescribed by this clause shall not cover tools required for special uses or
purposes outside of the ordinary trade functions of the employee's
classification.
(d) Compensation of Tools - The employer
shall reimburse the employee to a maximum per annum as set out in Table 2 of
Part B for loss of tools by breaking and entering whilst securely stored at the
employer’s premises or on the job site or if the tools are lost or stolen while
being transported by the employee at the employer’s direction, or if the tools
are stolen during an employee's absence after leaving the job because of injury
or illness. Provided that an employee transporting their own tools shall take
all reasonable care to protect those tools and prevent theft or loss.
(e) Provided for
the purposes of this clause: -
(1) Only tools used by the employee in the
course of their employment shall be covered by this clause;
(2) The employee shall, if requested to do
so, furnish the employer with a list of tools so used;
(3) Reimbursement shall be at the current
replacement value of new tools of the same or comparable quality;
(4) The employee shall report any theft to
the police prior to making a claim on the employer for replacement of stolen
tools.
(vii) Telephone
Where an
employee and the employer agree that a fixed line telephone installed at the
employee's residence can be used as a means of communication to such employee
and there is no reliable and accessible mobile network telephone coverage at
the residence, the employer shall reimburse the employee the annual rental of
such fixed line telephone and for the actual charge made for all outward calls
made on the employer’s behalf.
(viii) Expenses
All
reasonable expenses, including out-of-pocket, accommodation and travelling
expenses, incurred in connection with the employee's duties shall be paid by
the employer and, where practicable shall be included in the next pay period.
The method and mode of travelling or the vehicle to be supplied or to be used
shall be arranged mutually between the employer and the employee. Travelling
arrangements shall be agreed between the employer and the employee.
(ix) Certificates, Licences
and other Approvals
(a) Where an employee in Operational Band 1
or Administrative/Technical Trades Band 2 of the Award is required by the
employer to hold a WorkCover NSW approved certificate
or licence the employer shall reimburse the employee for the cost of such
certificate or licence.
(b) Where an employee in Operational Band 1
or Administrative/Technical Trades Band 2 of the Award is required by the
employer to hold a drivers licence other than a Class C (car) or Class R
(rider) licence, the employer shall reimburse the employee the difference
between the cost of the licence and the cost of a Class C (car) drivers
licence.
(c) Where an employee engaged in
child-related work is required by the employer to undertake a Working with
Children Check as provided by the Child Protection (Working with Children) Act
2012 (NSW), the employer shall reimburse the employee for the cost of such
Working With Children Check.
(x) Travelling Allowance
(a) This subclause shall apply to employees
who are required to start and/or finish work at a location away from the
employer’s depot, workshop or other agreed normal place of work, and travel to
and/or from such location in their own time.
(b) For the purposes of this subclause
"normal place of work" shall mean:
(1) the employer’s
workshop or depot;
(2) an office or
building of the employer to which the employee is usually assigned;
(3) any other agreed
starting and/or finishing point.
(c) Unless otherwise provided, each employee
will be assigned to one normal place of work only.
(d) An employee may be assigned to more than
one normal place of work by agreement.
(e) An employee may be transferred to a
different normal place of work at any time by agreement or by the giving of
reasonable notice provided that the relocation is reasonable in the
circumstances and does not unreasonably disadvantage the employee. In the event
of a dispute Clause 35, Grievance and Dispute Procedures, shall apply.
(f) Where an employee is required to
commence and/or finish work at a location away from the employee's normal place
of work and the distance travelled is greater than the distance usually
travelled by the employee between their place of residence and normal place of
work, the employee shall be paid a travelling allowance for each journey of
excess travel, according to the following scale, provided that reasonable
transport is available:
EXCESS DISTANCE TRAVELLED
|
ENTITLEMENT
|
Less than
3kms
|
Nil
|
3km but not
more than 10km
|
Table 2 of Part B
|
More than
10km but not more than 20km
|
Table 2 of Part B
|
More than
20km but not more than 33km
|
Table 2 of Part B
|
More than
33km but not more than 50km
|
Table 2 of Part B
|
Plus (See Table
2 of Part B) for each additional 10km in excess of
|
Table 2 of Part B
|
50kms.
|
|
Note: On
and from 1 July 2014, an employee may be entitled to two travelling allowances
on the one day.
(g) For the purpose of this subclause a residence
shall not be reckoned as such unless it is situated within the council area.
Where the employee resides outside the council area the travelling allowance is
payable from the council boundary of the employer by which they are employed.
(h) For the purpose of this subclause
distance shall mean the nearest trafficable route to work.
(i) Where
transport is provided by the employer the conveyance shall have suitable
seating accommodation and a cover to protect the employees from the weather.
Explosives shall not be carried on vehicles which are used for the conveyance
of employees.
(j) Where the employer and employee agree
that the employee is to use their own vehicle to transport other employee(s) or
materials to and/or from a worksite located away from the employee's normal
place of work, a vehicle allowance for the use and depreciation of the vehicle
shall be paid as follows:
|
Kilometres travelled transporting
|
|
other employee(s) or materials
|
|
Cents per kilometre
|
Under 2.5 litres
(nominal engine capacity)
|
Table 2 of Part B
|
2.5 litres
(nominal engine capacity) and over
|
Table 2 of Part B
|
Such
vehicle allowance shall be paid in addition to travelling allowances provided
by this subclause.
For the purposes
of this subclause, materials shall not include incidental items (including but
not limited to keys, mobile phones, lap-top computers and personal protective
clothing).
Where the
employer provides transport but the employee elects to make their own travel
arrangements, the vehicle allowances in this subclause shall not apply.
(k) This subclause does not apply to
employees who travel where management and employees agree on a flat rate per
week to be paid for travelling. In the event of a dispute, the Grievance and
Disputes Procedure in Clause 35 of this Award shall be applied.
(l) This subclause does not apply to
travelling involved in after hours on-call work or to employees recalled to
work overtime.
(m) Unless otherwise agreed, an employee shall
not be entitled to travel related allowances except those provided for in this
subclause. Nothing in this subclause shall be construed so as to require the
reduction or alteration of more advantageous benefits or conditions under any
existing travel arrangements.
(xi) Camping Allowance
(a) Employees who are required by the
employer to camp out or where no reasonable transport facilities are available
to allow them to proceed to and from their homes each day shall be paid a camping
allowance at a rate set out in Table 2 of Part B for each night the employee
camps out.
(b) The employer shall pay the camping
allowance in advance if requested, where the employer requires the employee to
camp out for all of the rostered working days in a week. The employer shall be
reimbursed the camping allowance that has been paid in advance excepting where
the camp has been shortened or cancelled for reasons beyond the employee’s
control.
(c) When employees are required to camp, all
travelling between their respective depots and camp site at the beginning
and/or completion of the camp be undertaken during normal working hours. If the
employees are required to travel outside normal working hours they shall be
paid the appropriate travelling allowance in accordance with subclause (xi) of
this clause.
(d) All time occupied in setting up or in
shifting camps during the ordinary working hours shall be paid for at ordinary
rates. Should employees be required to shift camp at times other than during their
ordinary hours of work they shall be paid time and a half rates for the time
occupied.
(e)
(1) The employer shall provide transport for
employees, who are required to camp out from the employer depot at the
commencement of each working week and to return to such depot at the finish of
each working week or when the employees are camped for a period less than one
week at the commencement and finish of the period in which the employees are
required to camp out.
(2) Notwithstanding (1) above, transport may
be mutually arranged between the employer and the employee(s) and shall remain
at all times with those employee(s) required to camp.
(f) The employer shall provide free
transport once each week to enable commodities for use in camp to be obtained
by the employees from the nearest suitable location. For the purpose of this
subclause, the camping allowance prescribed in paragraph (a) shall be payable
to the employees so concerned.
(g) No employee shall be required to camp
without at least 24 hours' notice unless such employee agrees to do so.
(h) Where reasonably practicable to do so
the employer shall arrange for perishable foods to be purchased on the morning
prior to the time of departure on that day.
(i) Minimum
standards of caravan accommodation to be provided to employees required to camp
out are contained in Schedule 1 to this Award.
(xii) Community
Language, and Signing Work
(a) Employees using a community language
skill as an adjunct to their normal duties to provide services to speakers of a
language other than English, or to provide signing
services to those with hearing difficulties, shall be paid an allowance in
addition to the weekly rate of pay as set out in Table 2 of Part B. The
allowance may be paid on a regular or irregular basis, according to when the
skills are used.
(b) Such work involves an employee acting as
a first point of contact for non-English speaking residents or residents with
hearing difficulty. The employee identifies the resident's area of inquiry and provides
basic assistance, which may include face-to-face discussion and/or telephone
inquiry.
(c) Such employees convey straightforward
information relating to services provided by the employer, to the best of their
ability. They do not replace or substitute for the role of a professional
interpreter or translator.
(d) Such employees shall record their use of
a community language according to the employer’s established policy.
(e) Where an employee is required by the
employer to use community language skills in the performance of their duties:
The
employer shall provide the employee with the opportunity to obtain
accreditation from a language aide accreditation agency
Such
training shall form part of the employer’s training plan and budget, in
accordance with the requirements of Clause 31 of this Award
The
employee shall be prepared to be identified as possessing the additional
skill(s)
The
employee shall be available to use the additional skill(s) as required by the
employer.
(f) Savings
These provisions
identify minimum criteria only, and shall not be construed so as to require the
reduction or alteration of more advantageous benefits or conditions under any
arrangement existing at the date the award was varied to give effect to this
clause. They shall not however be cumulative upon such existing payments.
(xiii) First Aid in the Workplace
General
(a) The parties to the Award recognise that
providing immediate and effective first aid to employees or others who have
been injured or become ill at the workplace may reduce the severity of the
injury or illness and promote recovery.
In some instances it could mean the difference between life and death.
(b) All employees must be able to access a
first aid kit.
(c) First aid requirements will vary from
one workplace to the next, depending on the nature of the work, the type of
hazards, the workplace size and location, as well as the number of people at
the workplace. These factors must be
taken into account when deciding what first aid arrangements need to be
provided.
(d) Employers must ensure that an adequate
number of employees are trained to administer first aid at the workplace or
that employees have access to an adequate number of other people who have been
trained to administer first aid.
(e) Employers are encouraged to make
available to employees, training in basic first aid, which may include, for
example, training in:
• administering first aid;
• Cardio Pulmonary
Resuscitation (CPR); or
• use
of defibrillators.
For
further information, refer to the SafeWork NSW ‘First
aid in the workplace code of practice’.
First aid
work allowance
(a) Where an employee who holds an
appropriate first aid qualification is appointed by the employer to perform
first aid duty and be in charge of a first aid kit, such employee shall be paid
an allowance in addition to the weekly rate, as set out in Table 2 of Part B.
(b) This clause shall not apply where it is
a requirement of the position for the employee to hold an appropriate first aid
qualification and perform first aid duty, if the skills have been paid for in
accordance with the employer’s salary system.
(xiv) Meal Allowance
(a) A meal allowance set out in Table 2 of
Part B shall be paid to employees instructed to work overtime:
(i) for two hours or more prior to their agreed commencing time,
or
(ii) for two hours
immediately after their agreed finishing time and after subsequent periods of
four hours, or
(iii) after each four hours
on days other than ordinary working days
provided
that a meal allowance is not payable where, by agreement, a meal is provided by
the employer.
(xv) Civil Liability -
Engineering Professionals
(a) Subject to this clause, engineering
professionals directly involved in the application of engineering principles to
the asset management of the employer’s assets that give rise to liability under
the Civil Liability Act 2002 (NSW)
shall be paid a 3.5% allowance in addition to the weekly salary system rate of
pay.
(b) This allowance was introduced to ensure
that engineering professionals whose work value had changed in response to the Civil
Liability Act 2002 (NSW) are paid for that
change in work value. This allowance applies to functional management positions
as well as engineering professionals working in asset management at the
operational level.
(c) This allowance is not payable where such
responsibilities and the exercise of such skills have been specifically and
demonstrably paid for in accordance with the salary system established by the
employer.
(d) Direct involvement in the application of
engineering principles to the management of the employer’s assets includes:
• the
planning for;
• designing;
• maintenance;
• replacing;
• rehabilitation;
or
• disposing
of
the employer’s assets which may give rise to liability under the Civil Liability Act 2002 (NSW).
(e) To qualify for the payment of this
allowance the position in question must be evaluated in accordance with the
skill descriptors for Professional/Specialist
Band 3 or Executive Band 4 of the Award.
(f) The parties to the Award acknowledge
that implementation of this allowance has been guided by the Joint Statement on the Implementation of
the Civil Liability Allowance
issued by the parties in October 2007. The parties remain committed to this
document as a guide for the application of the allowance.
(g) From 1 January 2015, claims for the
payment of the civil liability allowance under this clause shall be made within
30 days of the work being performed, and any claims for back-payment of the
civil liability allowance shall be limited to the date on which the employee
made the claim. This subclause does not
apply where it can be demonstrated that the employer incorrectly made
representations to an employee that the civil liability allowance had already
been paid for in accordance with their rate of pay and/or the salary system
established by the employer.
(h) This clause shall not be construed so as to require the reduction or
alteration of more advantageous benefits or conditions under any arrangements
existing at the date the Award was varied to give effect to this clause.
(xvi) Accreditation of employees as Chartered
Professional Engineers
(a) Where an engineering employee is
required by the employer to be accredited as a Chartered Professional Engineer
the employer shall:
(1) pay the
reasonable costs associated with obtaining and/or maintaining such
accreditation, including the cost of accreditation fees and compulsory
continued professional development training/course fees, and
(2) grant leave,
without loss of pay, to attend course requirements in accordance with subclause
(iv) of Clause 31, Training and Development, of this Award.
(b) Subclause (a) shall continue to be
observed while the employee is on paid leave and/or unpaid parental leave.
(c) The employer may grant an engineering
employee undertaking a course to obtain accreditation as a Chartered
Professional Engineer, although not at the employer’s request, assistance in
accordance with subclause (v) of Clause 31 of this Award.
(xvii) Accreditation of employees by the Building
Professionals Board
(a) Where an employee is required by the
employer to be accredited by the Building Professionals Board under the Building Professionals Act 2005 (NSW)
the employer shall:
(1) pay the
reasonable costs associated with obtaining and/or maintaining such
accreditation, including the cost of accreditation fees and compulsory
continued professional development training/course fees, and
(2) grant paid leave
to attend course requirements in accordance with subclause (iv) of Clause 31,
Training and Development, of this Award.
(b) Subclause (a) shall continue to be
observed while the employee is on paid leave and/or unpaid parental leave.
16. Motor Vehicle Arrangements
A. VEHICLE ALLOWANCES
(i) Where,
by agreement, the employer requires an employee to use their own vehicle in or
in connection with the performance of their duties for official business, such employee
will be paid an allowance for each kilometre of authorised travel as follows:
(a) motor vehicle
under 2.5 litres (normal engine capacity) - refer to Table 2 of Part B; and
(b) 2.5 litres (normal engine capacity) and
over - refer to Table 2 of Part B.
(ii) The employer may require an employee to
record full details of all such official travel requirements in a log book.
(iii) Minimum quarterly payment - Where the
vehicle is used for official business and is available continuously when the
employee is on duty the employee shall be paid the allowance in subclause 16A(i)(b) but with a minimum
payment as set out in Table 2 of Part B. Periods of sick leave in excess of 3
weeks, annual leave in excess of 4 weeks, long service leave, paid and unpaid
parental or maternity leave shall not be counted when calculating the minimum
quarterly payment.
(iv) Where the vehicle is used for official
business on an intermittent, irregular or casual basis, the employee shall be
paid the allowance for the number of kilometres travelled on official business
as set out in paragraph (i) only and shall not be
entitled to the minimum payment as set out in paragraph (iii).
(v) Any agreement to pay the allowance under
this clause may only be terminated by 12 months’ notice by either party or by
the employee's termination of employment.
B. LEASEBACK VEHICLES
(i) GENERAL
The
parties to this Award recognise that leaseback vehicles may be provided to
employees as a condition of employment (e.g. as an incentive for accepting employment)
or as a discretionary benefit that is not a condition of employment.
A
leaseback vehicle will be considered to be a condition of employment for an
employee unless it was clearly identified that it was not being provided on
such a basis at the time that it was provided.
(ii) TERMINATION OF
LEASEBACK VEHICLE ARRANGEMENT
(a) Condition of employment - Unless
otherwise provided in this clause, where the employer and an employee enter
into a leaseback vehicle arrangement and the employee is entitled to a
leaseback vehicle as a condition of employment, the arrangement may only be
terminated by agreement.
(b) Not a condition of employment - Unless
otherwise provided, where the employer and an employee enter into a leaseback vehicle
arrangement and the employee is not entitled to a leaseback vehicle as a
condition of employment, the employer shall give a minimum of six (6) months
written notice of termination of the arrangement.
Notwithstanding
the above, where the leaseback vehicle agreement was entered into prior to 1
November 2010, the employer shall give a minimum of 12 months’ notice to
terminate the agreement.
(c) Other - The employer may terminate or
suspend access to a leaseback vehicle arrangement immediately on termination of
employment, loss of licence, serious breach of the leaseback vehicle agreement
or if the employee accepts a new position with the employer that does not
include access to a leaseback vehicle.
The employer may also terminate or suspend a leaseback vehicle
arrangement where an employee is demoted, for the period of demotion, provided
that at least two weeks’ notice is given.
(iii) VARIATION OF LEASEBACK
VEHICLE ARRANGEMENTS
(a) Variations to leaseback arrangements -
Proposals to vary leaseback vehicle arrangements, including the formula for
calculating the leaseback vehicle fees shall be referred to the consultative
committee in accordance with clause 32 of this Award, before a definite
decision is made.
(b) Variations to leaseback fees - Where an
employer proposes to increase the leaseback fee an employee is required to pay
in any twelve (12) month period by more than the percentage movement in the
index figure published by the Australian Bureau of Statistics for Eight
Capitals, private motoring sub-group (Cat No 6401.0), the employer shall
provide in writing to the employee the reasons for the increase.
In any
event the employer shall not increase the leaseback vehicle fee an employee is
required to pay in any twelve (12) month period by more than 10%.
This
subclause shall not apply where the leaseback vehicle fee is adjusted to
reflect changes in the type of vehicle being used (including changes in vehicle
options, the class, model or make of vehicle).
(c) Variations in hours of work and/or
extended periods of absence - Where an employee’s hours of work change
significantly or the employee is absent on approved leave for an extended
period, the employer and the employee shall discuss whether the employee will
be allowed to retain possession of the vehicle and/or whether the leaseback
vehicle fee is to be adjusted. In the
event that the leaseback vehicle fee is to be adjusted, subclause (v) above
shall not apply.
In the
absence of agreement, clause 35, Grievance and Disputes Procedures, shall
apply.
C. NOVATED LEASES
A novated lease is a type of motor vehicle lease common in
Australia between an employee, employer, and finance company, with the
responsibility for the lease lying with the employee and the lease payments
being made from the employee's pre-tax income.
The
employer shall not make it a job requirement that an employee enter into a novated lease agreement for the use of a motor vehicle.
17. Residence
Where an employee
is supplied by the employer with a residence, it shall be of a reasonable
standard. The rental value of such residence shall be agreed upon between the
employer and the employee. The rental value as agreed may be deducted from the
pay of the employee.
18. Hours of Work
A. ORDINARY HOURS
(i) Except as
otherwise provided, the ordinary hours of work shall be 38 hours per week
arranged on one of the following bases:
• 38 hours within one week
provided that at least two days off shall be granted; or
• 76 hours within two weeks
provided that at least four days off shall be granted; or
• 114 hours within three
weeks provided that at least six days off shall be granted; or
• 152 hours within four
weeks provided that at least eight days off shall be granted.
(ii) The ordinary hours of work for employees
engaged in the following functions shall be 35 hours per week:
• Administration;
• Building Surveying;
• Community Services
(Professional/Specialist Band 3);
• Engineering (Professional
and Trainees);
• Executive Band;
• Finance;
• Health Surveying;
• Library;
• Public Relations;
• Technical Services; and
• Town Planning.
The
ordinary hours for employees working 35 hours per week shall be arranged on one
of the following bases:
• 35 hours within one week
provided that at least two days off shall be granted; or
• 70 hours within two weeks
provided that at least four days off shall be granted; or
• 105 hours within three
weeks provided that at least six days off shall be granted; or
• 140 hours within four
weeks provided that at least eight days off shall be granted.
(iii) Except as otherwise provided, the
ordinary hours for all employees shall be between Monday and Sunday.
(iv) Where the employer seeks to alter the spread
of ordinary hours for a new or vacant position from Monday to Friday to Monday
to Sunday for any of the following functions:
• Crematoriums and
Cemeteries;
• Road Constructions and
Maintenance;
• Sale Yards;
• Stores and Depots; and
• Trade functions
(a) the employer
shall refer the proposal to alter the spread of ordinary hours to the
consultative committee prior to advertising the new or vacant position(s);
(b) If the employer is satisfied that there
are suitably qualified employees employed by the employer that can be
redeployed to the new or vacant position(s) the employer shall call for
expressions of interest from those employees for redeployment into the new or
vacant position(s); and
(c) employees
employed prior to 1 July 2014 whose ordinary hours of work are from Monday to
Friday shall not be compelled to agree to work ordinary hours of work on
Saturdays and/or Sundays.
(v) The ordinary hours for employees engaged
in the following functions shall be between Monday and Friday:
(a)
Building
Surveyors;
Engineering
(Professional and Trainees);
Finance;
Health
Surveyors; and
Town Planning.
(b) The ordinary hours for employees engaged
in general administration shall be between Monday and Friday except where such
administrative duties are associated with work in functions where a different
spread of hours is applicable.
(vi) An
employee’s commencement and/or finishing times may be altered by agreement or
by the employer with the provision of reasonable notice where there are genuine
operational or safety reasons supporting the variation. For the purpose of this sub-clause,
reasonable notice shall be determined having regard
to:
the
employee’s personal circumstances including any family and carer
responsibilities; and
the needs of
the workplace, including any genuine operational or safety reasons.
Unless
otherwise agreed, at least two weeks prior to the proposed alteration the
employer shall provide the employee with the reasons for the proposed
alteration to commencement and/or finishing times in writing. At least one week prior to the proposed
alteration the employee shall provide reasons in writing if they do not agree
with the proposed alteration, provided that an employee shall not unreasonably
withhold agreement. In the event of a
dispute, Clause 35, Grievance and Disputes Procedures, shall apply.
This
subclause only applies in relation to changes to commencement and/or finishing
times and does not apply to changes in the days that an employee is required to
work.
(vii) The day of a rostered day off can be
altered by mutual consent at any time and may be altered by the employer on two
weeks’ notice where there are genuine operational or safety reasons and the
alteration does not unreasonably disadvantage the employee. Where an employee
works on a rostered day off, Clause 19A Overtime shall apply.
(viii) An employee will not be required to work
more than five (5) hours without receiving an unpaid meal break of at least 30
minutes. Thereafter, a paid meal break
not exceeding 20 minutes shall be given and taken after a further five hours
continuous work. By agreement, or in the case of unforeseen circumstances
(including where the taking of the meal break would cause unreasonable
interference in operations), the meal break may be delayed and shall be taken
as soon as practicable, subject to the observance of appropriate work health
and safety standards.
(ix) Ordinary hours of work shall not exceed
twelve (12) hours in any one-day exclusive of unpaid meal breaks.
B. SATURDAY AND SUNDAY WORK
(i) Except as otherwise provided, ordinary hours worked on a
Saturday shall attract a 25% penalty in addition to the ordinary hourly rate of
pay and ordinary hours worked on a Sunday shall attract a 50% penalty in
addition to the ordinary hourly rate of pay.
(ii) The ordinary hours worked by employees
engaged in the following functions shall attract a 50% penalty in addition to
the ordinary hourly rate of pay for work on a Saturday and a 100% penalty in
addition to the ordinary hourly rate of pay for work on a Sunday:
• Beach inspectors;
• Cleaning;
• Crematoriums and
Cemeteries;
• Garbage;
• Mechanical Trades
(Workshops);
• Parks and Reserves;
• Rangers and parking
officers;
• Road Construction and
Maintenance;
• Sale Yards;
• Sanitary;
• Sewerage;
• Stores and Depots;
• Sullage;
• Trade functions:
• Waste; and
• Water
(iii) An employee may request to work ordinary
hours on a Saturday and/or a Sunday in lieu of the ordinary hours the employee
would otherwise be rostered to work.
(a) An employee’s request must be in writing
and must outline a period within which the arrangement is to be reviewed;
(b) The employer will not unreasonably
withhold agreement to such a request;
(c) Any such agreement shall not apply to
new or vacant provisions;
(d) Where an employee requests to work
ordinary hours on a Saturday and/or a Sunday under the provisions of this
subclause, the employer shall not be required to pay the penalty rate provided
by subclauses (i) and/or (ii).
C. SHIFT WORK
(i) Except as
otherwise provided ordinary hours worked outside the span of 6:00am to 6:00pm
Monday to Friday shall attract a 20% shift penalty in addition to the ordinary
hourly rate of pay for the actual time worked outside the span of hours
specified in this subclause.
(ii) Employees engaged in the following
functions will be entitled to a 20% shift penalty in addition to the ordinary
hourly rate of pay for the actual time worked outside the following times:
Aerodromes
|
5.00am to 10.00pm
|
Caretakers
|
5.00am to 10.00pm
|
Childcare
|
6.00am to 7.00pm
|
Cleaners
|
5.00am to 9.00pm
|
Entertainment,
Theatres and Hospitality
|
6.00am to 11.00pm
|
Libraries
|
8.00am to 9.00pm
|
Leisure Centres
|
5.00am to 11.00pm
|
Parking Station Attendants
|
6.00am to 10.00pm
|
Pools
|
5.00am to 11.00pm
|
Rangers and parking officers
|
5.00am to 10.00pm
|
Security/watchpersons
|
5.00am to 10.00pm
|
(iii) Shift penalties shall be payable for ordinary
work performed between Monday and Friday and shall not be paid on weekends.
(iv) With the exception of staff engaged in
the function of street sweeping, employees in receipt of the Level 2 Adverse
Working Conditions allowance provided under clause 15(ii) of this Award shall
not also receive shift penalties for work performed outside the hours of 6:00am
to 6:00pm Monday to Friday as provided by subclause (i).
(v) An employee may request to work ordinary
hours outside the span of 6:00am and 6:00pm or any of the other spans detailed
in clause 18C(ii), in lieu of the ordinary hours the
employee would otherwise be rostered to work.
(a) An employee’s request must be in writing
and must outline a period within which the arrangement is to be reviewed;
(b) The employer will not unreasonably
withhold agreement to such a request;
(c) Any such agreement shall not apply to
new or vacant positions;
(d) Where an employee requests to work
ordinary hours outside the relevant span of hours the employer shall not be
required to pay a shift penalty for the actual time worked.
D. FACILITATIVE PROVISIONS
The
employer and the Union may agree on hours of work, weekend penalties and shift
penalties other than those prescribed in this clause.
19. Overtime
A. GENERAL
(i) Except
where otherwise provided all time worked by direction before the agreed
commencement of ordinary hours, or later than the agreed completion of ordinary
hours, shall be paid for at the rate of time and a half for the first two hours
and double time thereafter.
(ii) Overtime worked on Saturday shall be
paid for at the rate of time and a half for the first two hours and double time
thereafter, provided any overtime worked after 12 noon Saturday shall be at
double time.
(iii) Overtime worked on Sunday shall be paid
for at the rate of double time.
(iv) Overtime shall be claimed within 30 days of it
being worked. The employer shall keep a record of such overtime. Accrued time in
lieu of overtime shall not be forfeited and shall be paid at the appropriate
overtime rate on termination or at other agreed time.
(v) An employee (other than a casual) who:
(a) works four or more hours overtime after
the completion of an ordinary shift and does not receive ten (10) consecutive
hours off duty in the fourteen (14) hours immediately preceding the
commencement of their next ordinary shift, or
(b) works overtime
after the completion of two consecutive ordinary shifts without receiving ten
(10) consecutive hours off duty,
shall be
released after the completion of such overtime until they have had ten
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
If an
employee is instructed to resume work without receiving the ten consecutive
hours off duty, the employee shall be paid at double ordinary rates until
released from duty and then shall be entitled to a ten hour break without loss
of pay.
Remote
response - This subclause shall not apply where an employee works for less than
four hours remote response on any one day.
(vi)
(a) Where there is prior agreement between
the employer and the employee, an employee directed to work in excess of
ordinary hours may elect either to be paid the appropriate overtime rate or be
granted time in lieu equivalent to the actual hours worked.
(b) The employer may direct an
employee to take accrued time in lieu of overtime by the giving of at least two
(2) weeks’ notice in the following circumstances:
(1) Where the
employee has accumulated in excess of one (1) weeks’ time in lieu of overtime
or,
(2) A period of
annual close down of up to and including two (2) weeks where the employee does
not have sufficient annual leave to cover the relevant close down period. The employer shall be able to rely on this
provision prior to considering the provision of meaningful alternate duties.
(c) Time in lieu
of overtime accruals standing to an employee’s credit on termination of
employment shall be paid at the appropriate overtime rate.
(vii) Employees classified in the Executive Band
4 of this Award may be required, in addition to their ordinary hours, to attend
meetings of council and standing and/or special committee meetings. For the
purpose of this subclause, an employee who is required to attend meetings of
the council and standing and/or special committee meetings shall be entitled to
claim overtime for actual hours worked after 11.00 pm.
(viii)
(a) Subject to paragraph (b), the employer may
require an employee to work reasonable overtime at overtime rates.
(b) An employee may refuse to work overtime
in circumstances where the working of such overtime would result in the
employee working hours which are unreasonable.
(c) For the purposes of paragraph (b), what
is unreasonable or otherwise will be determined having regard
to:
any risk to
the employee;
the
employee’s personal circumstances including any family and carer
responsibilities;
the needs of
the workplace;
the notice,
if any, given by the employer of the overtime and by the employee of their
intention to refuse it; and
any other
matter.
B. EXCESS HOURS AGREEMENTS
(i) Subject
to subclause (ii) of this clause, the employer and an individual employee in
Professional/Specialist Band 3 or Executive Band 4 may agree to an ‘Excess
Hours Agreement’ whereby the employee is paid an allowance of at least ten (10)
percent of the employee’s weekly salary system rate
of pay in substitution for all overtime penalties under this Award.
(ii) An employee
shall be entitled to overtime in accordance with Clause 19A of this Award where
the employee is directed to work additional hours that are in excess of the
hours of work reasonably contemplated by the employer and the employee at the
time the Excess Hours Agreement was made. The hours of work reasonably
contemplated by the employer and the employee shall be determined having regard
to the quantum of the allowance paid.
(iii) Where the
employer and an engineering professional employee who satisfies the eligibility
criteria for payment of the civil liability allowance at subclause 15(xv) of
this Award agree to an Excess Hours Agreement, the employee shall continue to
be paid the civil liability allowance in addition to any allowance that is payable
under the Excess Hours Agreement.
(iv) An
Excess Hours Agreement is subject to the following conditions:
(a) An employee who can demonstrate that they
are required to routinely work unpaid additional hours in order to fulfill the requirements of their position has the right to
request, in writing, to enter into an Excess Hours Agreement. Where the
employer does not agree to the request the employer shall discuss the request
with the employee with a view to reaching agreement on:
(1) reasonable ways
to reduce the excess unpaid hours or
(2) alternative
ways of compensating the employee for the excess hours.
In the
event that no agreement is reached, the employer shall advise the employee, in
writing, of the arrangements that will be made so that they are no longer
required to work the excess hours.
(c) The employer
and the individual employee must have genuinely made the Excess Hours agreement
without coercion or duress.
(d) The Excess
Hours Agreement must:
(1) be in writing;
(2) name the parties to the agreement and be signed by the
employer and the individual employee;
(3) result in the
employee being better off overall in comparison to the Award at the time the
agreement is made than the employee would have been if no Excess Hours
Agreement had been agreed to;
(4) state the date the agreement commences to operate.
(e) The employee
shall work such reasonable hours as are necessary to carry out the duties and
functions of the position and the employee’s obligations under their contract
of employment, provided that the employee may refuse to work additional hours
in circumstances where the working of such additional hours would result in the
employee working hours which are unreasonable.
For the purposes of this subclause, what is unreasonable or otherwise
will be determined having regard to:
any risk to
the employee;
the
employee’s personal circumstances including any family and carer
responsibilities;
the needs of
the workplace;
the notice, if
any, given by the employer of the requirement for the employee to work
additional hours and by the employee of their intention to refuse it; and
any other
matter.
(f) The employer
may require the employee to attend work for the employer during core business
hours and to attend meetings of the council/employer and standing and/or
special committee meetings, provided that such requirement does not result in
the employee working hours which are unreasonable.
(g) The employer
must give the individual employee a copy of the agreement and keep the original
signed agreement as a time and wages record.
(h) An employer
seeking to enter into an agreement under this clause must provide a written
proposal to the employee. Where the employee’s understanding of written English
is limited the employer must take measures, including translation into an
appropriate language, to ensure the employee understands the proposal.
(v) An Excess
Hours Agreement may be terminated:
(a) by
the employer or the individual employee giving 28 days’ notice of termination,
in writing, to the other party and the agreement ceasing to operate at the end
of the notice period; or
(b) at any time, by written agreement between the employer and
the individual employee.
(vi) The
allowance paid under this clause shall be paid for all purposes of the Award
but shall not attract any penalty.
C. ON CALL
(i) For the
purposes of this Award, an employee shall be deemed to be on-call if required
by the employer to be
available for duty outside of ordinary hours at all times in order to attend
emergency and/or breakdown work and/or supervise the call-out of other
employees.
(ii) Employees who are required to be on-call
are not required to remain at their usual place of residence or other place
appointed by the employer.
However, an on-call employee must be able to be contacted and be able to
respond in a timely manner.
(iii) Employees required to be on call on days
when they would ordinarily work, or would have ordinarily worked but for a public
holiday, in accordance with Clause 18, Hours of Work shall be paid an on call
allowance at a rate set out in Table 2 of Part B of this Award for each such
day the employee is required to be on call.
(iv) Employees required to be on call on days other
than their ordinary working days shall be paid an on call allowance at a rate
set out in Table 2 of Part B of this award for each such day the employee is
required to be on call.
(v) Provided that the on call allowances in
subclauses (iii) and (iv) of this clause shall not total more than the rate set
out in Table 2 of Part B of this award for any one week.
(vi) Employees on call who are required to work
outside their ordinary hours shall be entitled to be paid overtime at the
appropriate rate for hours worked and such rate shall be paid from the time
that the employee departs for work. On
call employees are not subject to the minimum payment provisions on a public
holiday.
(vii) Unless otherwise provided, the overtime
paid to an employee that is required to work whilst on-call shall not be less
than thirty (30) minutes per day on which they are called out.
(viii) For each public holiday an employee is
required to be on-call, the employee shall be granted one-half day’s leave to
be taken at an agreed time, provided that where there is prior agreement the
employer may pay the employee an
additional one-half day’s pay in lieu of
the one-half day’s leave.
D. CALL BACK
(i) For the
purposes of this Award, an employee shall be deemed to be on a call back if the
employee is recalled to work overtime without receiving notice before ceasing
work.
(ii) Any employee who is called back to work
as defined in subclause (i) shall be paid for a
minimum of four hours work at the appropriate
overtime rate for each time so recalled. Provided that any
subsequent call backs occurring within a four hour period of a call back shall
not attract any additional payment. An employee working on a call back
shall be paid the appropriate overtime rate from the time that such employee
departs for work.
Except in
the case of unforeseen circumstances arising, the employee shall not be
required to work the full four hours if the job that the employee was recalled
to perform is completed within a shorter period. This subclause shall not apply
in cases where the call back is continuous subject to a reasonable meal break
with the commencement of ordinary hours.
E. REMOTE RESPONSE
(i) An
employee who is in receipt of an on call allowance and available to
immediately:
(a) respond to phone calls or messages;
(b) provide advice (‘phone fixes’);
(c) arrange call out/rosters of other employees; and
(d) remotely monitor and/or address issues by remote telephone
and/or computer access,
will be paid the applicable overtime
rate for the time actually taken in dealing with each particular matter, except
where the employee is recalled to work (Note: subclause 19C(vi) applies where
an on-call employee is recalled to work).
(ii) An employee
remotely responding will be required to maintain and provide to the employer a
time sheet of the length of time taken in dealing with each matter remotely for
each day commencing from the first remote response. The total overtime paid to
an employee for all time remotely responding in any day commencing from the
first response will be rounded up to the nearest 15 minutes.
(iii) The employer
may, by agreement, make an average payment equivalent to an agreed period of
time per week where the employee is regularly required to remotely respond as
defined in subclause (i) of this clause.
20. Holidays
A. GENERAL
(i) The days on
which holidays shall be observed are as follows: New Years' Day; Australia Day;
Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queen's Birthday;
Labour Day; Christmas Day; Boxing Day and all locally proclaimed holidays
within the council's area, and all special days proclaimed as holidays to be
observed throughout the whole of the State of NSW.
(ii) In addition to subclause (i), employees who are Aboriginal and Torres Strait
Islanders shall be entitled to one day during NAIDOC week so that they can
participate in National Aboriginal and Islander Day celebrations. Eligible employees shall provide the
employer with at least seven (7)
days’ notice of their intention to take the holiday in accordance with this
subclause, provided that if less than seven (7) days’ notice is given such
leave shall not be unreasonably refused.
(iii) Where any of the holidays prescribed by
this Award fall on a day ordinarily worked by the employee, the employee shall
not have a reduction in ordinary pay.
(iv) Except as otherwise provided, where an
employee is required to work on a holiday as prescribed by this award, the
employee shall be paid at double time and a half inclusive of payment for the
day with a minimum payment of four hours worked.
(v) All employees classified in the
Operational Band 1 of this Award employed in garbage, sanitary and sullage (other than the supervisor) who
are required to work on Good Friday or Christmas Day shall be paid at triple
time inclusive of payment for the day with a minimum payment of four hours work.
(vi) Where an employee is required to work
ordinary hours on a holiday as prescribed by this Award, the employer and the employee may agree that the employee be paid
time and a half for the hours worked on a holiday and in addition, be granted
equivalent time off in lieu to be paid at ordinary time for each holiday
worked. Such leave shall be taken at a mutually convenient time.
(vii) If a rostered day off falls on a public
holiday as prescribed in clause 20A(i), the next
working day will be substituted, or another day by agreement, except for
employees engaged on a seven (7) day a week rotating roster system.
(viii) An employee who prior to the operative date
of this award was entitled to move a day off which was not a rostered day off
where it fell on a public holiday shall retain that right.
(ix) The employer
may direct an employee to take accrued time in lieu for work on a public
holiday by the giving of at least two (2) weeks’ notice in the following
circumstances:
(a) Where the
employee has accumulated in excess of one (1) weeks’ time in lieu for work on a
public holiday, or where the employee has
accumulated a total of in excess of one (1) weeks’ time in lieu when
combining:
(1) time in lieu for work on public holiday’s; and
(2) time in lieu of overtime under subclause 19A(vi)(a).
(b) A period of
annual close down of up to and including two (2) weeks where the employee does
not have sufficient annual leave to cover the relevant close down period. The employer shall be able to rely on this
provision prior to considering the provision of meaningful alternate duties.
B. UNION PICNIC DAY
(i) Union
Picnic Day shall for the purposes of this Award be regarded as a holiday for
employees who are financial members of the union(s). The Union Picnic Day shall
be on such day as is agreed between the employer and the union(s).
(ii) The union(s) shall advise the employer of financial members as at the time of
the Union Picnic Day. Such advice must be given at least two weeks prior to the
Union Picnic Day.
(iii) Employees who are not financial members
of the union(s) and who are required to work on Union Picnic Day,
shall be paid ordinary pay for their normal working day.
(iv) Employees who are not financial members
of the union(s) and who are not required to work on Union Picnic Day, may apply
to the employer to take
annual leave, long service leave, time off in lieu of overtime, leave without
pay, such other leave as may be approved by the employer, or may be required by
the employer to make up time.
21. Leave Provisions
A. SICK LEAVE
(i) Employees
who are unable due to illness or injury to attend for duty shall be entitled
during each year of service to sick leave of 3 weeks at the ordinary rate of
pay.
(ii) Where a person is employed on a
fixed-term or temporary basis of less than twelve (12) months duration the
employee shall be entitled to one (1) weeks sick leave on commencement. The employee shall be entitled to a further
one (1) weeks sick leave after each four (4) months of continuous service.
(iii) The entitlement to sick leave is subject
to the employer being satisfied that the illness or injury;
(a) is such that it
justifies the time off; and
(b) does not arise
from engaging in other employment.
(iv) The employer may require an employee to provide proof that the illness or
injury is such that it justifies the time off work, subject to the following:
(a) In each year of service proof of illness
or injury to justify payment shall not be required for the first 3 separate
periods of absence, provided such periods are not more than 2 working days,
unless:
(1) It is reasonable for the employer to
require the employee to provide proof of illness or injury having regard to the
employee’s pattern of sick and/or amount of sick leave taken by the employee,
and
(2) The employer has provided the employee
with prior written notice of the requirement to provide proof of illness or
injury.
(b) The type of proof of injury or illness
required by the employer must be reasonable having regard to the circumstances
of the employer and the employee and may include, for example, certification
from a qualified medical/health practitioner registered with the appropriate
government authority or statutory declaration; and
(c) when requested,
proof of illness shall indicate the employee's inability to undertake their
normal duties.
(v) The employer may require employees to
attend a qualified medical/health practitioner nominated by the employer at the
employer's cost.
(vi) Sick leave shall accumulate from year to year so
that any balance of leave not taken in any one year may be taken in a subsequent
year or years.
(vii) The employer may, at its discretion, grant
an employee sick leave at half pay if satisfied that extenuating circumstances
exist. Where a public holiday falls
during a period of sick leave at half pay, the public holiday shall also be
paid at half pay. Further, all
entitlements shall accrue during periods of sick leave at half pay on a
proportionate basis.
(viii) Accumulated sick leave shall be
transferable on change of employment from employer to employer within New South
Wales up to 13 weeks, provided that an employee shall only be entitled to
transfer sick leave accumulated since the employee's last anniversary date on a
pro-rata basis. Such accumulated sick leave shall only be transferable if the
period of cessation of service with the employer and appointment to the service
of another employer does not exceed three months. The sick leave entitlement
transferred shall not exceed the maximum amount transferable as prescribed by
the appropriate award at the time of transfer.
(ix) Where an employee has had five (5) years'
service with the present employer and the sick leave entitlement as prescribed has been exhausted, that
employer may grant such additional
sick leave as, in its opinion, the circumstances may warrant.
(x) Section 50 of the Workers Compensation Act 1987 (NSW) dealing with the relationship
between sick leave and workers compensation applies.
(xi) Where an employee had an entitlement
under awards rescinded and replaced by this Award for the payment of unused sick
leave arising out of the termination of employment due to ill-health or death
and where such entitlement existed as at 15 February 1993 the following
provisions shall apply
(a) In the event of the termination of
service of an employee on account of ill health and the employer is satisfied that such ill-health
renders the employee unable in the future to perform the duties of such
appointed classification, the termination shall not be effected earlier than
the date on which the employee's credit of leave at full pay shall be exhausted
unless the employee is paid any accrued sick leave at full pay to which such
employee would be entitled under this clause.
(b) When the service of an employee is
terminated by death, the employer shall pay to the employee's estate, the monetary equivalent of any
untaken sick leave standing to the employee's credit at the time of death.
(c) Payment under this clause is limited to
sick leave calculated to retirement age in accordance with relevant legislation
and shall not be payable if the injury or illness arises out of or in the
course of employment such that it is compensable under the Workers Compensation Act 1987 (NSW).
(d) For the purposes of this subclause such
entitlement to payment of untaken sick leave shall be paid be in accordance
with clause 14 of Schedule 4 of the Industrial
Relations Act 1996 (NSW).
B. CARER'S LEAVE
(i) Use of Sick
Leave: An employee, other than a casual employee, with responsibilities in
relation to a class of person set out in subclause (v)(b) below who needs the
employee's care and support shall be entitled to use, in accordance with this
subclause, any current or accrued sick leave entitlement, provided for at
Clause 21A, Sick Leave of this Award, for absences to provide care and support
for such persons when they are ill, or who require care due to an unexpected
emergency. Such leave may be taken for part of a single day.
(ii)
(a) Carer’s leave is not intended to be used
for long term, ongoing care. In such cases, the employee is obligated to
investigate appropriate care arrangements where these are reasonably available.
(b) Where more than two weeks sick leave in
any year of service is to be used for caring purposes the employer and employee shall discuss appropriate
arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.
(c) Where the parties are unable to reach
agreement the grievance and disputes procedures at Clause 35 of this Award
should be followed.
(iii) In normal circumstances, an employee must
not take carer's leave under this clause where another person has taken leave
to care for the same person.
(iv) The employer may
require the employee to provide proof of the need for carer’s leave as follows:
(a) Less than two weeks - Where less than two
weeks sick leave in any year of service is sought to be used for caring
purposes the employer may
require the employee to establish either by production of a medical certificate
or statutory declaration, the illness of the person concerned and that the
illness is such as to require care by another person; or
(b) More than two weeks - Where more than two
weeks sick leave in any year of service is sought to be used for caring
purposes the employer may
require the employee to produce a medical certificate from a qualified
medical/health practitioner showing the nature of illness of the person
concerned and such other information as may be reasonably necessary to
demonstrate that the illness is such as to require care by the employee and
that no other appropriate care arrangements are reasonably available, or
(c) establish by
production of documentation acceptable to the employer or a statutory declaration, the nature
of the emergency and that such emergency resulted in the person concerned
requiring care by the employee.
(v) The entitlement to use sick leave in
accordance with this subclause is subject to:
(a) the employee
being responsible for the care of the person concerned; and
(b) the person
concerned being:
(1) a spouse of the
employee; or
(2) a de facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person, or
(3) a child or an
adult child (including an adopted child, a step child, foster child or an ex
nuptial child), parent (including a foster parent, step parent and legal
guardian), parents of spouse, grandparent, grandchild or sibling (including
half, foster and step sibling) of the employee or spouse or de facto spouse of
the employee; or
(4) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic basis;
or
(5) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(a) 'relative' means
a person related by blood, marriage or affinity;
(b) 'affinity' means
a relationship that one spouse because of marriage has to blood relatives of
the other; and
(c) 'household'
means a family group living in the same domestic dwelling.
(vi) An employee may elect, with the consent
of the employer, to take unpaid
leave for the purpose of providing care and support to a class of person set
out in subclause (v)(b) above who is ill or who
requires care due to an unexpected emergency.
(vii) An employee shall, wherever practicable,
give the employer notice
prior to the absence of the intention to take leave, the name of the person
requiring care and that person's relationship to the employee, the reasons for
taking such leave and the estimated length of absence. If it is not practicable
for the employee to give prior notice of absence, the employee shall notify the
employer by telephone of such absence at the first opportunity on the day of
absence.
(viii) Carer’s Entitlement for Casual Employees
(a) Subject to the evidentiary and notice
requirements in subclauses (iv) and (vii) casual employees are entitled to not
be available to attend work, or to leave work if they need to care for a person
prescribed in subclause (v)(b) of this clause who are
sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(b) The employer and the employee shall agree on the
period for which the employee will be entitled to not be available to attend
work. In the absence of agreement, the employee is entitled to not be available
to attend work for up to 48 hours (i.e. two days) per occasion. The casual
employee is not entitled to any payment for the period of non-attendance.
(c) The employer must not fail to re-engage a casual employee
because the employee accessed the entitlements provided for in this clause. The
rights of the employer to engage or not to engage a casual employee are
otherwise not affected.
(ix) Time off in Lieu of Payment for Overtime:
An employee may, with the consent of the employer, elect to take time in lieu of payment of overtime accumulated in
accordance with the provisions of Clause 19A of this Award for the purpose of
providing care and support for a person in accordance with subclause (v) above.
(x) Make-up time: An employee may elect,
with the consent of the employer, to work 'make-up time', under which the employee takes time off
during ordinary hours, and works those hours at a later time, within the spread
of ordinary hours provided in the Award, at the ordinary rate of pay for the
purpose of providing care and support for a person in accordance with subclause
(v) above.
(xi) Annual Leave and Leave Without
Pay: An employee may elect with the consent of the employer to take annual leave or leave without
pay for the purpose of providing care and support for a person in accordance
with subclause (v) above. Such leave shall be taken in accordance with Clause
21D, Annual Leave and Clause 21L, Special Leave of this Award.
C. EMERGENCY SERVICES
LEAVE
(i) Subject to
subclause (ii) of this clause, an employee, other than a casual, who engages in
a ‘voluntary emergency management activity’ shall be entitled to up to five (5)
days paid emergency services leave per calendar year from their accrued sick
leave balance to participate in such activity.
(ii) An employee is not entitled to paid emergency services leave under this clause if:
(a) the employee has
less than 12 months continuous service with the employer; or
(b) the taking of
the emergency services leave will result in the employee having an accumulated
sick leave balance of less than three (3) weeks.
Note: An
employee who does not qualify for Emergency Services Leave under this clause
may apply for special leave under clause 21L of this Award.
(iii) For the purposes of this clause, an
employee engages in a ‘voluntary emergency management activity’ if, and only
if:
(a) the employee
engages in an activity that involves dealing with an emergency or natural
disaster; and
(b) the employee
engages in the activity on a voluntary basis (Note: the activity is not on a
voluntary basis if the employee receives remuneration from the recognised
emergency management body for lost wages or salary); and
(c) the employee is
a member of, or has a member‑like association with, a recognised
emergency management body; and
(d) either:
(1) the employee
was requested by or on behalf of the body to engage in the activity; or
(2) no such request
was made, but it would be reasonable to expect that, if the circumstances had
permitted the making of such a request, it is likely that such a request would
have been made.
(iv) For the purposes of this clause, a ‘recognised emergency management body’
is:
(a) a body, or part
of a body, that has a role or function under a plan that:
(1) is for coping
with emergencies and/or disasters; and
(2) is prepared by
the Commonwealth, a State or a Territory; or
(3) a
fire-fighting, civil defence or rescue body, or part of such a body; or
(b) any other body, or
part of a body, a substantial purpose of which involves:
(1) securing the
safety of persons or animals in an emergency or natural disaster; or
(2) protecting
property in an emergency or natural disaster; or
(3) otherwise
responding to an emergency or natural disaster.
(v) For the purposes of this clause, an
‘emergency’ means an event, actual or imminent, which endangers or threaten to
endanger life, property or the environment and which requires a significant and
coordinated response.
(vi) The employer may require proof of participation in the voluntary emergency
management activity to justify payment under this clause.
D. ANNUAL LEAVE
Amount of Annual Leave
(i) For
each year of service an employee (other than a casual) is entitled to:
(a) 4 weeks of paid
annual leave; or
(b) 5 weeks of paid
annual leave if the employee is regularly required to work a seven day a week
rotating roster system.
Accrual of leave
(ii)
(a) An employee’s
entitlement to paid annual leave accrues progressively during a year of service
according to the employee’s ordinary hours of work, and accumulates from year
to year.
(b) Paid annual
leave accrues up to when the employment ends.
Taking paid annual leave
(iii) Unless otherwise
provided, paid annual leave may be taken for a period agreed between the
employee and the employer.
(iv) The
employer must not unreasonably refuse to agree to a request by the employee to
take paid annual leave.
Requirement to take annual leave
(v) The employer may direct an employee to take annual
leave by giving at least four weeks prior notification in the following
circumstances:
(a) where the
employee has accumulated in excess of eight weeks annual leave
(b) a period of
annual close-down of up to and including two (2) weeks.
Provided
that:
(1) Where an employee has accrued more
annual leave than the period of the annual close down, the balance of such
leave shall be taken in accordance with subclause (i)
of this clause.
(2) In the case of employees who are not
entitled to annual leave or do not have an entitlement sufficient to cover the
period of the close-down, the employer shall endeavour to provide meaningful duties as are within the limits
of the employee's skill, competence and training for the whole or part of the
close-down.
(3) In the event that meaningful duties are
not available the employee may be directed to take leave without pay, or by
agreement with the employer
may take annual leave in advance of the entitlement provided that in the event
of the employee leaving employment before the entitlement becomes due, such
annual leave shall be repaid by a deduction from the employee's termination
pay.
(4) In the event that leave without pay is directed
to be taken, such leave shall be regarded as service for the purpose of the
accrual of long service leave, sick leave and annual leave.
(5) Any arrangements concerning
annual close down made under previous Awards will continue to apply unless otherwise
agreed, provided that any request to change the arrangement shall not be
unreasonably refused.
Employee not taken to be on paid annual leave on Public
Holidays
(vi) If
the period during which an employee takes paid annual leave includes a day or part‑day
that is a declared public holiday in the place where the employee is based for
work purposes, the employee is taken not to be on paid annual leave on that
declared public holiday.
Payment for annual leave
(vii) Unless
otherwise provided, if an employee takes a period of paid annual leave, the
employer must pay the employee at the employee’s ordinary rate of pay for the
period of annual leave either before the commencement of the employee’s annual
leave, or by agreement through the usual pay periods.
Resignation
or termination of employment
(viii) On resignation or termination of
employment, the employer
shall pay to the employee their ordinary rate of pay for all accrued untaken
annual leave.
Varying
rates of pay
(ix) Where an employee receives a varying rate
of pay for 6 months or more in the aggregate in the preceding 12 month period,
the employee's ordinary rate of pay shall be deemed to be the average weekly
rate of pay earned during the period actually worked over the 12 months
immediately preceding the annual leave or the right to payment under this
clause.
E. LONG SERVICE LEAVE
(i)
(a) An employee shall be entitled to Long
Service Leave at the ordinary rate of pay as follows: -
LENGTH OF SERVICE
|
ENTITLEMENT
|
After 5 years'
service
|
6.5 weeks
|
After 10
years' service
|
13 weeks
|
After 15
years' service
|
19.5 weeks
|
After 20
years' service
|
30.5 weeks
|
For every
completed period of 5 years' service thereafter
|
11 weeks
|
(b) Where an employee has completed more than
five years service with the employer and is terminated for any cause, long
service leave shall be deemed to have accrued for the employee's total length
of service and an amount equivalent to such long service leave, less such leave
already taken, computed in monthly periods and equivalent to 1.3 weeks for each
year of service up to 15 years and 2.2 weeks for each year of service from 15
years onwards.
(c) Where an employee has completed more
than five (5) years of service with the employer, the employee shall be
entitled to apply for long service leave accrued between each completed five
(5) years of service on a pro rata basis calculated monthly. Such an
application shall not be unreasonably refused.
(ii)
(a) An employee who is entitled to long
service leave may, with the consent of the employer, take long service leave:
(1) on full pay; or
(2) on half pay; or
(3) on double pay.
(b) When an employee takes long service
leave, the leave entitlement will be deducted on the following basis:
(1) a period of
leave on full pay - the number of days so taken; or
(2) a period of
leave on half pay - half the number of days so taken; or
(3) a period of
leave on double pay - twice the number of days so taken.
(c) When an employee takes long service
leave, the period of service for the purpose of leave accruals shall be as
follows:
(1) a period of
leave on full pay - the number of days so taken; or
(2) a period of leave
on half pay - half the number of days so taken; or
(3) a period of
leave on double pay - the number of days so taken.
(d) Employees that take long service leave at
half pay or double pay shall not be disadvantaged nor obtain a windfall gain in
relation to superannuation contributions.
(iii)
(a) Long service leave shall be taken at a
time mutually convenient to the employer and employee, provided that all long service leave accruing on or
after 23 June 1988 shall be taken within five years of it falling due. The
employer may direct an employee to take long service leave accrued on or after
23 June 1988 and not taken within five years of it falling due provided that at
least four weeks’ notice is given to the employee.
(b) Payment to an employee proceeding on long
service leave shall be made by the employer at the employee’s ordinary rate of pay calculated according to how the
leave is taken (i.e. either full, half, or double ordinary pay) for the period
of long service leave either before the commencement of the employee’s long
service leave, or by agreement through the usual pay periods.
(c) An employee who has become entitled to a
period of leave and the employee's employment is terminated by resignation,
death or dismissal for any cause shall be deemed to have entered upon leave at
the date of termination of the employment and shall be entitled to payment
accordingly.
(iv)
(a) For the purpose of calculating long
service leave entitlement in accordance with subclause (i)
of this clause all prior continuous service with any other employer within New
South Wales shall be deemed to be service with the employer by which the
employee is currently employed.
(b) Continuity of service shall be deemed not
to have been broken by transfer or change of employment from one employer to
another provided the period between cessation of service with one employer and
appointment to the service of another employer does not exceed three months and
such period is covered by accrued annual and long service leave standing to the
credit of the employee at the time of the transfer, provided further that the
employee concerned does not engage in work of any kind during the period of
paid leave between the cessation of service with one employer and appointment
to the service of another employer.
(v)
(a) An employee who is entitled to long
service leave, may, with the consent of the employer, cash out a particular
amount of Excess Long Service Leave. Excess long Service Leave means the long
service leave that an employee has accrued under the Award that is in excess of
the long service leave that the employee would have accrued if covered by
section 4 of the Long Service Leave Act
1955.
(b) Each cashing out of a particular amount
of Excess Long Service Leave must be by separate agreement between the employer
and the employee.
(vi) For the purpose of this clause, service shall include the
following periods: -
(a) Any period of service with any of Her Majesty's
Forces provided that the employee enlisted or was called up direct from the
service of the employer.
(b) In the case of an employee, transferred
to the service of an employer of a new or altered area - any period of service
with the employer from which such employee was transferred.
(c) Service shall mean all service with the
employer irrespective of the classification under which the employee was
employed.
(vii) There shall be deducted in the calculation
of the employee's service all leave of absence without payment not specifically
acknowledged and accepted by the employer as service at the time leave was taken.
(viii) When an employee transfers from one
employer to another, the former employer shall pay to the newly employing
employer the monetary equivalent of all long service leave accruing to the
employee at the time of transfer, up to a maximum of five (5) years of accrual,
calculated at the rate(s) of accrual applying to leave accrued in the five (5)
years immediately prior to the transfer. By agreement between the former
employer and the newly employing employer, more than the monetary equivalent of
five (5) years of accrued long service leave may be transferred. However an employee who at the time of
transfer has completed at least five years continuous service may elect to be
paid the monetary equivalent of the entitlement. Employees who at the time of
transfer elect to be paid the monetary equivalent of their long service leave
entitlement shall have that entitlement calculated by multiplying in completed
years and months their period of continuous service with the employer(s). A
statement showing all prior continuous service with the employer(s) of the
employee concerned shall be furnished together with details of the assessment
of the amount of money that shall be paid into a Long Service Leave Reserve
Account and appropriate notations made in the employer's Long Service Leave
Record.
(ix) The employer which has received under
subclause (vii) of this clause a monetary equivalent of long service leave
entitlement to cover an employee's period of service with a previously
employing employer(s) shall if the employee subsequently leaves the service of
that employing employer to seek employment outside New South Wales Local
Government before a long service leave entitlement has become due, refund to
such previously employing employer (s) the amount paid.
(x) Long service leave shall be exclusive of
annual leave and any other holidays as prescribed by clause 20, Holidays of
this Award, occurring during the taking of any period of long service leave,
provided that where a public holiday falls during a period where the employee
has taken long service leave on half pay, the public holiday shall also be paid
at half pay.
(xi) When the service of an employee is
terminated by death the employer shall pay to the employee's estate the monetary equivalent of any
untaken long service leave standing to the employee's credit at the time of the
employee's decease.
(xii) Where an employee's service is terminated
at the end of a season or through shortage of work, material or finance or
through illness certified by a duly qualified medical practitioner and such
employee is re-employed by the same employer within 12 months of termination of
service, prior service shall be counted for the purpose of this clause.
F. Parental
Leave (GENERAL)
Relationship
with federal legislation - Clauses 21F, 21G, 21H and 21I of this Award shall
apply in addition to:
(i) Chapter 2,
Part 2-2, Division 5 - ‘Parental leave and related entitlements’ of the
National Employment Standard (NES) under the Fair Work Act 2009 (Cth); and
(ii) the Paid Parental Leave Act 2010 (Cth).
Note:
Division 5 of the Fair Work Act 2009
(Cth) relates to:
• unpaid
parental leave, including unpaid adoption leave
• unpaid
special maternity leave
• transfer
to a safe job and no safe job leave
G. PAID PARENTAL LEAVE
(i) Definitions
- in this clause:
(a) PPL instalments shall mean instalments
paid during the paid parental leave period under the Paid Parental Leave Act 2010 (Cth).
(b) parental leave
make-up pay shall mean the employee’s ordinary pay, inclusive of PPL
instalments. Where an employee works a
varying number of ordinary hours for 6 months or more in the aggregate in the
12 month period immediately preceding leave associated with the birth of a
child, the employee’s ordinary hours shall be deemed to be the average weekly
number of ordinary hours worked during the 12 month period.
(ii) Eligibility
This clause
shall apply to an employee who is receiving PPL instalments as a primary or
secondary claimant under the Paid
Parental Leave Act 2010 (Cth) and who has had 12
months continuous service with the employer immediately prior to the commencement of paid parental leave.
(iii) Entitlement to parental leave make-up pay
(a) An employee shall be entitled to parental
leave make-up pay for the period that they are receiving PPL instalments, up to
a maximum of 18 weeks.
(b) The period of parental leave make-up pay
shall be counted as service for the purposes of long service, annual and sick
leave accruals and superannuation. Superannuation is calculated on the
employee’s ordinary rate of pay.
(c) Requalification period - An employee
shall not be entitled to a further period of parental leave make up pay unless
the employee has returned to work for the employer for at least 3 months since
their previous period of parental leave.
(iv) Employee’s right to choose
(a) An employee who satisfies the eligibility
criteria for paid maternity leave or paid special maternity leave under Clause
19F, Paid Maternity Leave, of the Local Government (State) Award 2007, may
elect to receive paid maternity leave and/or paid special maternity leave (9
weeks full pay or 18 weeks half pay) in accordance with the provisions of the
Local Government (State) Award 2007 in lieu of the entitlement to parental
leave make-up pay under this Award, provided that the requalification period in
subclause (iii) above shall apply.
(b) This subclause shall not apply where
another employee of the employer receives parental leave make-up pay in
connection with the pregnancy or birth of the child.
H. CONCURRENT PARENTAL
LEAVE
An
employee, other than a casual, who is a supporting parent shall be entitled to
up to two weeks paid concurrent parental leave from their accrued sick leave
balance at the time their partner gives birth to a child or at the time the
employee adopts a child provided that the employee has had 12 months continuous
service with the employer immediately prior to the commencement of their
concurrent parental leave.
I. ADOPTION LEAVE
(i) Eligibility
This
clause applies to an employee who is entitled to adoption-related leave under
the Fair Work Act 2009 (Cth).
(ii) Pre-adoption Leave
(a) An employee, other than a casual, who is
entitled to unpaid pre-adoption leave under the Fair Work Act 2009 (Cth) is entitled to up to 2 days paid pre-adoption leave at
ordinary pay for the period of such leave.
(b) An employee who is entitled to a period
of paid pre-adoption leave is entitled to take the leave as:
(1) single
continuous period of up to 2 days; or
(2) any separate
periods to which the employee and the employer agree.
(iii) Adoption
Leave
(a) Subject to subclause (c), an employee,
other than a casual, who has or will have primary responsibility for the care
of an adopted child is entitled to paid adoption leave at ordinary pay from the
date the child is placed with the employee for adoption according to the
following scale:
AGE OF CHILD AT THE DATE OF PLACEMENT
|
ENTITLEMENT
|
Less than 5
years of age
|
9 weeks full pay, or
|
|
18 weeks half pay
|
Between 5
years of age and less than 16 years of age
|
4 weeks full pay, or
|
|
8 weeks half pay
|
(b) Notwithstanding the above, where the
adopted child is aged between 5 years of age and less than 16 years of age at
the date of placement with the employee and there are special needs and reasons
in the child’s life, the employer shall not unreasonably refuse to grant up to
nine weeks paid adoption leave at full pay or 18 weeks paid adoption leave at
half pay.
(c) An employee is not entitled to paid
adoption leave under this clause where the employee receives parental leave
make-up pay in connection with the adoption of the child.
(iv) Family
reunion leave
(a) An employee, other than a casual, able to
establish that they were adopted under a "closed adoption" practice
shall be entitled to up to five (5) days family reunion leave from their
accumulated sick leave balance to reunite with their biological parent(s) for
the first time.
(b) For the purpose of this sub-clause
"closed adoption" means an adoption whereby the record of the
biological parent(s) is kept sealed and the adopted child is thereby prevented
from knowing the identity of such biological parent(s).
J. BEREAVEMENT LEAVE
(i) Subject
to this clause, where an employee, other than a casual, is absent from duty
because of the death of a person and provides satisfactory evidence to the
employer of such, the employee shall be entitled to bereavement leave as
follows:
(a) Up to four days paid bereavement leave
upon the death of a member of the employee’s immediate family; or
(b) Up to two days paid bereavement leave
upon the death of a member of the employee’s extended family;
(ii) For the
purposes of this clause, immediate family shall mean the following:
(a) a spouse or de
facto partner of the employee;
(b) a child of the
employee;
(c) a parent of the
employee;
(d) a sibling of the
employee;
(e) a grandchild of
the employee;
(f) a child of the
spouse or de facto partner of the employee;
(g) a parent of the
spouse or de facto partner of the employee;
(h) a sibling of the
spouse or de facto partner of the employee; or
(i) a grandchild of the spouse or de facto partner of the
employee; or
(j) a member of the
employee’s extended family living in the same domestic dwelling as the
employee.
(iii) For the
purposes of this clause, extended family shall mean the following:
(a) a niece of the
employee;
(b) a nephew of the
employee;
(c) an uncle of the
employee;
(d) an aunt of the
employee;
(e) a grandparent
of the employee;
(f) a grandparent
of the spouse or de facto partner of the employee;
(g) the spouse or de-facto
partner of a sibling of the employee;
(h) the spouse or
de-facto partner of the employee’s child (son in law or daughter in law).
(iv) The
employer may grant an employee additional bereavement leave if satisfied that
extenuating circumstances exist.
(v) Bereavement Entitlements for Casual
Employees
(a) Subject to providing satisfactory
evidence to the employer, casual employees are entitled to not be available to
attend work, or to leave work upon the death of a person as provided in
subclauses (i) to (iv) of Clause 21K, Bereavement
Leave.
(b) The casual employee is not entitled to
any payment for the period of non-attendance.
(c) The employer must not fail to re-engage
a casual employee because the employee accessed the entitlements provided for
in this clause. The rights of the employer to engage or not engage a casual
employee are otherwise not affected.
K. OTHER PAID LEAVE
(i) Jury
Service Leave
An
employee required to attend for jury service during the employee's ordinary
working hours shall be reimbursed by the employer an amount equal to the
difference between the amount in respect of the employee's attendance for such
jury service and the amount of wage the employee would have received in respect
of the ordinary time the employee would have worked had the employee not been
on jury service. An employee shall notify the employer as soon as possible of
the date upon which the employee is required to attend for jury service.
Further the employee shall give the employer proof of attendance, the duration
of such attendance and the amount received in respect of such jury service.
(ii) Union Training Leave
(a) An eligible
employee shall be entitled to five (5) days paid leave to attend courses which
are specifically directed towards relevant training for eligible employees.
(b) For the purpose
of this clause relevant training for eligible employees is training directly
related to:
(1) Eligible
employees’ rights and responsibilities in their capacity as union delegates.
(2) Understanding this
Award, enterprise agreements, council agreements, and council policies.
(3) Grievance and
dispute procedures, and disciplinary procedures;
(4) Code of
Conduct;
(5) Bullying,
harassment, and discrimination.
(c) Such leave
will be available to an individual eligible employee once only during their
employment, provided that the employer shall not unreasonably refuse additional
training where:
(1) There is a
change in relevant provisions of this Award; or
(2) More than
three (3) years has elapsed since the eligible employee last took leave for the
purpose of this clause.
(d) An eligible
employee is defined as a full-time or part-time employee:
(1) Who is a union
delegate, who has been duly appointed by a union and the employer has been
formally notified of that appointment; and
(2) Who has
completed 12 months continuous service with the current employer, unless
otherwise agreed.
(e) An eligible
employee must comply with the following notice requirements:
(1) Provide
the employer with at least four (4) weeks prior notice in writing of their
request to attend a training course;
(2) Outline
details of the type, content and duration of the course to be attended in the
written notice.
(f) The employer will
consider a request for leave in accordance with this clause having regard to:
(1) The
operational requirements of the employer; and
(2) The capacity
of the employer to make adequate staffing arrangements among current employees
during the proposed period of leave.
(g) An employer
must not unreasonably refuse to agree to a request by the employee to take
training leave.
(h) An employer
will not be liable for any additional expenses associated with an employee's
attendance at a course other than the payment of ordinary hourly ordinary time
rate for such absence.
(i) An
eligible employee will be required to provide the employer with proof of
attendance at, and satisfactory completion of, the course to qualify for
payment of leave.
(j) Nothing in this
subclause prevents an employer and employee from agreeing to additional union
training leave either with or without pay.
(k) Leave granted
pursuant to this clause counts as service for all purposes of this award.
(iii) Union Conference Leave
Accredited
delegates to the unions’ annual conferences shall be granted paid leave for the
duration of the conference provided that the employer’s operational
requirements are met and the union notifies the employer of the accredited
delegates nominated to attend the conference at least one month prior to the
commencement of the conference.
L. SPECIAL LEAVE
(i) The
employer may grant special leave, either with pay or without pay, to an
employee for a period as determined by the employer to cover any specific matter
approved by the employer, including but not limited to:
(a) leave for
victims of family and domestic violence;
(b) leave for
engaging in a voluntary emergency management activity;
(c) compassionate leave
for employees facing unforeseen circumstances such as injury or terminal
illness; or
(d) leave to attend
to duties as a member of the Australian Defence Force.
(ii) Periods of leave without pay shall not
be regarded as service for the purpose of computing entitlements under this
Award. Such periods of leave without pay shall not however, constitute a break
in the employee's continuity of service.
22. Flexibility for Work and Family
Responsibilities
(i) In
recognition of the commitment to provide flexibility for work and family
responsibilities and the need to retain skills and experience within the
industry, employers are encouraged to develop and promote flexible work and
leave arrangements to enable their employees to better manage their work and
family responsibilities.
RIGHT TO
REQUEST CHANGES IN WORKING ARRANGEMENTS
(ii) An employee may request a change in
working arrangements if:
(a) The employee is the parent, or has
responsibility for the care, of a child who is of school age or younger;
(b) The employee is a carer (within the
meaning of the Carer Recognition Act
2010);
(c) The employee has a disability;
(d) The employee is 55 or older;
(e) The employee is experiencing violence
from a member of the employee’s immediate family;
(f) Such other circumstances where an
employee can demonstrate a genuine need for flexible work and leave
arrangements to attend to work and family responsibilities.
(iii) The employee is not entitled to make the
request unless:
(a) For an employee other than a casual
employee- the employee has completed at least 12 months of continuous service
with the employer immediately before making the request.
Formal
requirements
(iv) The request must:
(a) be in writing:
and
(b) set out the
details of the change sought and of the reasons for the change
Considering the
request
(v) The employer must give the employee a
written response to the request within 21 days, stating whether the employer
grants or refuses the request.
(vi) The employer may refuse the request only on reasonable business grounds.
Business grounds will include but not be limited to:
(a) that the new
working arrangements requested by the employee would be too costly for the
employer;
(b) that there is
no capacity to change the working arrangements of other employees to
accommodate the new working arrangements requested by the employee;
(c) that it would
be impractical to change the working arrangement of other employees, or recruit
new employees, to accommodate the new working arrangements requested by the
employee;
(d) that the new
working arrangements requested by the employee would be likely to result in a
significant loss in efficiency or productivity; and
(e) that the new
working arrangements requested by the employee would be likely to have
significant negative impact on customer service.
(vii) If the employer refuses the request, the
written response must detail the reasons for the refusal.
(viii) Flexible work and leave arrangements
include but are not limited to:
(a) make up time;
(b) flexi time;
(c) time in lieu;
(d) leave without
pay;
(e) annual leave;
(f) part-time work;
(g) job share
arrangements;
(h) variations to
ordinary hours and rosters;
(i) purchased additional annual leave arrangements;
(j) working from
home arrangements; and
(k) arrangements to
accommodate breastfeeding women.
(ix) The terms of agreed changes to working
arrangements, including flexible work and leave arrangements shall be in
writing and may be varied from time to time, by agreement, to suit the specific
needs of either party.
23. Phased Retirement
(i) In
recognition of the ageing workforce in local government and the need to retain
skills and experience within the industry, employers are encouraged to develop
and promote flexible work and leave arrangements to enable their employees to
better manage their transition into retirement.
(ii) Examples of flexible work and leave
arrangements include:
(a) Part-time work;
(b) Flexi time;
(c) Leave without pay;
(d) Job sharing arrangements;
(e) Variations to ordinary hours and
rosters;
(f) Job redesign; and
(g) Purchased additional annual leave
arrangements.
(iii) The terms of a flexible work and leave
arrangements shall be in writing and may be varied from time to time, by
agreement, to suit the specific needs of either the employer or the employee.
24. Health and Wellbeing
(i) The
parties to the Award recognise that workplace health and wellbeing programs can
lead to positive outcomes such as improved employee work performance and
productivity, improved employee recruitment and retention, reduced absenteeism,
and other benefits.
(ii) Employers are
encouraged to develop workplace health and/or wellbeing programs that are
suited to the needs and resources of the employer.
(iii) An employee
may, with the consent of the employer, take up to two (2) days paid leave per
calendar year from their accrued sick leave balance to participate in a health
and/or wellbeing activity, subject to the following:
(a) the granting of paid leave under this clause is at the
discretion of the employer; and
(b) the taking of
paid leave under this clause must not result in the employee having an
accumulated sick leave balance of less than two (2) weeks; and
(c) the employer may require proof of participation in the
health and/or wellbeing activity to justify payment under this clause.
25. Part-Time Employment
(i) A part-time
employee shall mean an employee who is engaged on the basis of a regular number
of hours which are less than the full-time ordinary hours in accordance with
Clause 18, Hours of Work of this Award.
(ii) Prior to commencing part-time work the
employer and the employee shall agree upon the conditions under which the work
is to be performed including:
(a) The hours to be worked by the employee,
the days upon which they shall be worked and the commencing times for the work.
(b) The nature of the work to be performed.
(c) The rate of pay as paid in accordance
with this Award
(iii) The conditions may also stipulate the
period of part-time employment.
(iv) The conditions may be varied by consent.
(v) The conditions or any variation to them
must be in writing and retained by the employer. A copy of the conditions and
any variations to them must be provided to the employee by the employer.
(a) Where it is proposed to alter a
full-time position to become a part-time position such proposal shall be
referred to the consultative committee for information.
(b) In such cases the employer and the
employee shall agree upon the conditions, if any, of return to full-time work.
(vi) A part-time employee may work more than their regular number of hours at
their ordinary hourly rate by agreement. Where an employee works hours outside
the spread of hours in clause 18, Hours of Work of this Award, the provisions
of clause 19, Overtime, shall apply.
(vii) Part-time employees shall receive all
conditions prescribed by the Award on a pro-rata basis of the regular hours
worked. An adjustment to the accrued leave entitlements may be required at the
conclusion of each service year based on the proportion of actual hours worked.
(viii) Where a public holiday falls on a day where
a part-time employee would have regularly worked the employee shall be paid for
the hours normally worked on that day.
(ix) A change to full-time employment from
part-time employment or to part-time employment from full-time employment shall
not constitute a break in the continuity of service. All accrued entitlements
shall be calculated in proportion to the hours worked in each employment
arrangement.
26. Casual Employment
(i) A casual
employee shall mean an employee engaged on a day to day basis.
(ii) A casual employee shall be paid the
hourly rate for ordinary hours worked in accordance with clause 18, Hours of
Work.
(iii) Casual employees who work on Saturday
and/or Sunday are entitled to penalty rates prescribed by clause 18B. The penalties are calculated on the ordinary
hourly rate.
(iv) Casual employees who work outside the
relevant spread of hours identified at clause 18C(i) and (ii) are entitled to a shift penalty. The penalty is calculated on the ordinary
hourly rate.
(v) Subject to clause 19A (viii), a casual
employee will not be offered to work overtime in a position held by a permanent
employee of the employer, if such permanent employee is available to work that
overtime. Overtime shall be paid where a casual employee works outside the
ordinary hours for that position. In cases where there are no ordinary hours for
the position, overtime shall be paid for the hours worked in excess of those
prescribed in Clause 18, Hours of Work.
(vi) In addition to the amounts prescribed by subclause
(ii) of this clause, a twenty-five percent loading,
calculated on the ordinary hourly rate, shall be paid. This loading shall not
attract any penalty. This loading shall be paid in lieu of all leave (including
but not limited to annual leave, long service leave and sick leave) and
severance pay, except for paid parental leave prescribed by the Award. Casual
loading is not payable on overtime.
(vii) Casual employees engaged on a regular and
systematic basis shall:
(a) Have access to annual assessment under
the employer’s salary system.
(b) Have their service as a casual counted
as service for the purpose of calculating long service leave where the service
as a casual employee is continuous with their appointment to a permanent
position on employer's structure. In calculating the long service leave
entitlement in such cases there shall be a deduction of the long service leave
accrued whilst the employee was employed as a casual.
(viii) A casual employee shall not replace an
employee of the employer on a permanent basis.
(ix) Carer’s entitlements shall be available
for casual employees as set out in subclause (viii) of Clause 21, Part B of
this Award.
(x) Bereavement entitlements shall be
available for casual employees as set out in subclause (v) of Clause 21J of
this Award.
27. Job Share Employment
(i) Job sharing
is a form of part-time employment where more than one employee shares all the
duties and responsibilities of one position.
(ii)
(a) Job sharing shall be entered into by
agreement between the employer and the employees concerned.
(b) Such agreement shall be referred to the
consultative committee for information.
(iii) The employer and the job sharers shall
agree on the allocation of work between job sharers.
(iv)
(a) The ordinary hours of work of the
position shall be fixed in accordance with clause 18, Hours of Work of this
Award.
(b) The job sharers in conjunction with the
employer shall agree on the hours to be worked. Such agreement shall specify
the regular number of ordinary hours to be worked by each job sharer.
(v)
(a) In the absence of a job sharer the
remaining job sharer(s) may be required by the employer to relieve the absent
job sharer provided the remaining job sharer(s) are reasonably available.
(b) In such cases the relieving job
sharer(s) shall be paid their ordinary rate of pay for the time relieving.
(vi) A job sharer may work more than their regular number of hours at their
ordinary hourly rate by agreement. Where an employee works hours outside the
spread of hours in clause 18, Hours of Work of this Award the provisions of
clause 19, Overtime, shall apply.
(vii) The employer must establish appropriate
communication mechanisms between the job sharers to facilitate the handing over
of tasks from one job sharer to another.
(viii)
(a) Job sharers shall have access to all provisions
of this Award including training and development.
(b) Job sharers shall receive pro-rata pay
and conditions in proportion to the ordinary hours worked by each job sharer.
(c) An adjustment to accrued leave
entitlements may be required at the conclusion of each service year based on
the proportion of actual hours worked.
(d) A change to job sharing from full-time
or part-time employment or from job sharing to full-time or part-time
employment shall not constitute a break in the continuity of service. All
accrued entitlements shall be calculated in proportion to the hours worked in
each employment arrangement.
(ix) In the event of a job sharer vacating the
position the employer shall review the position and shall consider filling the
vacancy or offering the remaining job sharer(s) increased hours.
(x) The terms of a job share arrangement or
any variation to it must be in writing. A copy of the arrangement and any
variation to it must be provided to the job sharer(s) by the employer.
28. Labour Hire
An employee of
a labour hire business shall not replace an employee of the employer on a
permanent basis.
This clause
does not apply to the employment of apprentices and/or trainees by a group
training business.
For the purpose
of this clause:
(a) a "labour hire business" is a
bona fide labour hire business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which supplies staff employed or engaged by it to
the employer on an on-hire basis for the purpose of such staff performing work
or services for that employer. Provided
that a business is not a labour hire business if:
(1) the staff of
that business are not performing the specific duties of a position(s) covered
by the employer’s organisation structure;
(2) the business is
providing professional business services which cannot reasonably be fulfilled
by the employer’s employees, for a specified period of time or for a specific task
(for example, legal, financial or accounting services);
(3) the business is
a bona fide contractor providing both equipment and employees to the employer;
or
(4) the business is
another entity covered by this Award.
(b) a "group training business" is
a bona fide group training business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply apprentices and/or trainees to the
employer for the purpose of such staff performing work or services as an
apprentice or trainee for that employer.
Notwithstanding
the provisions of subclause (i), the employer and the
relevant union may agree in writing that the employer may replace an employee
of the employer on a permanent basis with the employee of a labour hire
business.
29. Multiple Employment
Where an employee is employed in a second position with the
employer the second position may, for all purposes of the Award, be regarded as
a separate and distinct employment engagement from the original employment
provided that:
(i) the positions involve different duties or are in different
work function areas; and
(ii) the employee agreed to the employment in the second
position.
30. Junior and Trainee Employment
A. GENERAL
(i) The rates
of pay specified in Band 1/Level 1 are actual not minimum rates.
(ii) Employees engaged at the T3 rate of pay
or above may be required to possess a Provisional or Class C Drivers Licence.
B. JUNIOR EMPLOYMENT
(i) The rates
of pay as provided in Band 1/Level 1 are payable to juniors (15-18 years old).
(ii) A junior employee shall be appointed to Band
1/Level 1 according to either their age or educational qualification, whichever
provides for the higher rate of pay.
(iii) Progression along the scale is automatic
up to and inclusive of T4, according to the employee's age.
C. TRAINEE EMPLOYMENT AND APPRENTICESHIPS
(i) The rates
of pay as provided for in Band 1/Level 1 are payable to employees undertaking
entry level training.
(ii) An employee shall be appointed to Band
1/Level 1 according to either their age or educational qualification, whichever
provides for the higher rate of pay.
(iii) Progression along the scale is not
automatic, but is subject to successful completion of appropriate training
modules and satisfactory service.
(iv) If the employment is to be continued beyond the training period upon the
successful completion of training, the employee shall proceed to the
appropriate band and level in the structure.
(v) In addition to the vocational training
direction, the employer shall provide an apprentice with the conditions of the
apprenticeship in writing and these conditions shall include:
(a) the term of the
apprenticeship;
(b) the course of
studies to be undertaken by the apprentice;
(c) the course of
on the job training to be undertaken by the apprentice.
D. SCHOOL BASED TRAINEES
AND APPRENTICES
(i) The object
of Part D of this clause is to assist persons who are undertaking a traineeship
or apprenticeship under a training contract while also enrolled in the Higher
School Certificate. Such school based traineeships/apprenticeships are
undertaken at a minimum Certificate II Australian Qualifications Framework
(AQF) qualification for traineeship level and a minimum Certificate III
Australian Qualifications Framework (AQF) qualification for apprenticeship
level as specified in the relevant Vocational Training Order pursuant to the Apprenticeship and Traineeship Act 2001.
(ii) The hourly rates for school based
trainees/apprentices for total hours worked including time deemed to be spent in
off-the-job training shall be calculated by dividing the applicable weekly rate
for full time apprentices as set out in Band 1/Level 1 by 38 or 35 in
accordance with clause 18, Hours of Work.
(iii) For the purpose of subclause (ii), where
a school based trainee/apprentice is a full time school student, the time spent
in off-the-job training for which the school based trainee/apprentice is paid
is deemed to be 25 per cent of the actual hours worked on-the-job each week.
The wages paid for training time may be averaged over the school term or year.
(iv) School based trainees/apprentices progress
through the rates of pay set out in Band 1/Level 1 subject to successful
completion of appropriate training modules and satisfactory service.
(v) Except as provided by this Award, school
based trainees/apprentices are entitled to pro rata entitlements of all other
conditions of employment.
E. GOVERNMENT FUNDED TRAINEESHIPS
(i)
(a) Part E of this clause does not apply to
apprentices or trainees who are already trainedand
job ready.
(b) A government funded traineeship shall not
commence until the relevant Training Agreement has been registered with the
relevant State Training Authority.
(c) Trainees shall not displace existing
employees from employment.
(ii)
(a) Except as in hereinafter provided, all
other terms and conditions of this Award shall apply.
(b) Nothing in this subclause shall be taken
to replace the prescription of training requirements for all other employees
bound by this Award.
(iii) The trainee shall attend an approved
training course or training program prescribed in the Training Agreement or as
notified to the trainee by the relevant State Training Authority in accredited
and relevant Traineeship Schemes.
(iv) The employer shall ensure that the trainee is permitted to attend the
training course or program provided for in the Training Agreement and shall
ensure that the trainee receives the appropriate on-the-job training in
accordance with the Training Agreement.
(v) The employer shall provide a level of
supervision in accordance with the Training Agreement during the traineeship
period.
(vi) The trainee shall be permitted to be absent from work without loss of
continuity of employment and/or wages to attend the training in accordance with
the Training Agreement.
(vii) A full-time trainee shall be engaged for a
maximum of one year’s duration, except in respect of AQF III and AQF IV
traineeships which may extend up to two years full time, provided that a
trainee shall be subject to a satisfactory probation period of up to one month
which may be reduced at the discretion of the employer. By agreement in
writing, and with the consent of the relevant State Training Authority, the
relevant employer and the trainee may vary the duration of the Traineeship and
the extent of approved training provided that any agreement to vary is in
accordance with the relevant Traineeship Scheme.
(viii) Where the trainee completes the
qualification in the Training Agreement earlier than the time specified in the
Training Agreement then the traineeship may be concluded by mutual agreement.
(ix)
(a) The employer shall not terminate the
trainee's service without providing written notice of termination in accordance
with the training agreement and subsequently to the relevant State Training
Authority as appropriate.
(b) Where the employer chooses not to
continue the employment of a trainee upon the completion of the traineeship, it
shall notify the relevant state training authority as appropriate, of its
decision.
(x) A trainee who fails to complete the
traineeship or who cannot for any reason be placed in full-time employment with
the employer on the successful completion of the traineeship,
shall not be entitled to any severance payments payable pursuant to
termination, change or redundancy provisions or provisions similar thereto.
(xi) Where the employment of a trainee by the
employer is continued after the completion of the traineeship period, such
traineeship period shall be counted as service with the employer for the
purposes of this Award or any other legislative entitlements.
(xii) Wages:
(a) The weekly amount of pay payable to
trainees shall be as provided in Table 1 of Part B, Traineeship Rates, of this
Award.
(b) The trainee wage rates contained in this
Award are minimum rates and shall only apply to trainees while they are
undertaking an approved traineeship which includes approved training as
prescribed above.
31. Training and Development
(i) The parties
to this Award recognise that increasing the efficiency and productivity of the
industry requires an ongoing commitment to education, training and skill
maintenance, development and enhancement. Accordingly, the parties commit
themselves to:
(a) developing a more
highly skilled and flexible workforce
(b) providing
employees with opportunities through appropriate education and training to
acquire additional skills and
(c) removing
barriers to the utilisation of skills in accordance with employers' training
plans.
(ii)
(a) All employees shall have reasonable and
equitable access to education and training, such education and training shall:
(1) be consistent
with the employer's training plan
(2) enable employees
to acquire the range of skills they are required to apply in their positions
(3) enhance
employees' opportunities for career path development and mobility through
employer's organisation structures, through participation in the employers'
training plans.
(4) Employees who are required to either hold
professional qualifications or complete further professional qualifications and
whose positions are evaluated in Band 3 or Band 4 of this Award,
shall have access to continuing professional development (CPD) that is
consistent with the training plan for their position as follows:
(i) 10 hours
per annum, or
(ii) in accordance
with legislated CPD requirements,
whichever is
the greater.
(b) Nothing in this clause prevents an
employer and employee from agreeing to additional CPD training.
(iii) Training Plan and Budget
(a) The employer shall develop a training
plan and budget consistent with:
(1) the current and
future skill requirements of the employer.
(2) the size,
structure and nature of the operations of the employer.
(3) the need to develop
vocational skills relevant to the employer and the Local Government industry.
(b) In developing the training plan, the
employer shall have regard to corporate, departmental and individual training
needs.
(c) The training plan shall be designed in
consultation with the consultative committee.
(d) The training plan shall, where
appropriate, provide for training that is consistent with the relevant National
Training Package.
(e) The training plan,
shall provide for the assessment and recognition of employee's current
competencies where possible.
(f) Selection of participants to receive the
employer’s required training in accordance with employer’s training plan is to
be based on merit and the needs of the employee as identified in the employee's
performance appraisal.
(iv) If an employee is required by the employer to undertake training in
accordance with the employer’s training plan:
(a) the employer
shall grant the employee paid leave to attend course requirements, including
examinations, where the training is undertaken during ordinary working hours;
(b) where the course requirements contain
more than a 15% off-the-job component calculated over any 12 month period the
extent to which the employer will grant paid leave to attend such course requirements
shall be specified in the training plan;
(c) the employer
shall pay course fees at the commencement of each stage but shall not pay
course fees if the employee is repeating;
(d) the employer
shall either provide transport or pay reasonable travelling expenses to enable
employees to attend course requirements;
(e) reasonable
travel arrangements shall be agreed; and
(f) where an
employee is required to complete major assignment(s) the employer and the employee
shall agree upon appropriate flexible work and study arrangements as are
practicable.
(v) The employer may grant an employee
undertaking a course consistent with the employer’s training plan, although not
at the employer's requirement, leave with pay or leave without pay to attend
course requirements provided that the employee gives reasonable notice of such
requirements. Where the employee is not granted such leave the employer shall
give preference in granting annual leave or other accrued leave to attend
course requirements provided that the employee gives reasonable notice of such
requirements. The employer may pay course fees at its discretion.
(vi) The parties shall continue to engage with the VET system to ensure that
the skills needs of local government are addressed in training package
development.
32. Consultative Committees
A. AIM
The
parties to the Award are committed to consultative and participative processes.
There shall be a consultative committee at each employer which shall:
(i) provide
a forum for consultation between the employer and its employees that encourages
a free and open exchange of views;
(ii) positively
co-operate in workplace reform to enhance the efficiency and productivity of
the employer and to provide employees with access to career opportunities and
more fulfilling, varied and better paid work.
B. SIZE AND COMPOSITION
(i) The size and composition of the
consultative committee shall be representative of the employer’s workforce and
agreed to by the employer and the local representatives from the following
unions: USU; depa and the LGEA and such agreement
shall not be unreasonably withheld.
(ii) The consultative committee shall include
but not be limited to employee representatives of each of the unions who have
members employed at the employer.
(iii) Officers of the union(s) or
Association(s) may attend and provide input to meetings of the consultative
committee, at the invitation of the consultative committee or their respective
members.
C. SCOPE OF CONSULTATIVE COMMITTEES
(i) The functions of the consultative
committee include:
(a) Award implementation
(b) training
(c) consultation
with regard to organisation restructure
(d) job redesign
(e) salary systems
(f) communication
and education mechanisms
(g) performance
management systems
(h) changes to
variable working hours arrangements for new or vacant positions
(i) local
government reform
(j) proposed variations to leaseback vehicle
arrangements
(k) health and
wellbeing programs.
(ii) The consultative committee shall not
consider matters which are being or should be processed in accordance with
Award clause 35, Grievance and Disputes Procedures.
D. MEETINGS AND SUPPORT SERVICES
(i) The consultative committee will make
recommendations based upon consensus. Where there is no consensus on a
particular item, the recommendation to the employer should note the dissenting
views.
(ii) The consultative committee shall meet as
required.
33. Appointment and Promotion
(i) Where an internal
applicant has applied for a new or vacant position and their application is
unsuccessful, the employee may:
(a) request in
writing the reason(s) as to why they were not appointed, and upon such request,
the employer shall provide the reason(s) in writing; and
(b) request a
review of their individual education and training needs.
34. Term Contracts
(i) The
employer may only employ a person on a term contract of employment in the
following situations:
(a) for the life of
a specific task or project that has a definable work activity, or
(b) to perform the
duties associated with an externally funded position where the length of the
employment depends on the length of the funding, or
(c) to perform the duties associated with a
vacant position until the vacant position is filled on a permanent basis,
provided that the duration is no longer than is reasonably necessary to
undertake recruitment for the vacant position, or
(d) to temporarily replace an employee who
is on approved leave, secondment, workers compensation, acting in a different
position or working reduced hours under a flexible work and leave arrangement,
or
(e) to undertake
training and work as part of an apprenticeship, traineeship or student work
experience program in conjunction with an education institution, or
(f) to trial a new
work area, provided that the duration is no longer than is reasonably necessary
to trial the new work area, or
(g) to perform the duties associated with a
vacant position during the intervening period between when the employer has
made a definite decision to introduce major changes in production, program,
organisation structure or technology that are likely to have significant
effects on the employment in the vacant position and the date that the changes
are implemented; or
(h) to accommodate
time limitations imposed by law or sought by the employee (e.g. visa
restrictions); or
(i) to perform seasonal work (also see subclause 21E(xi) of this
Award).
(ii) Notwithstanding
the above, all term contracts of employment entered into prior to 1 November
2010 may continue until the expiry of their fixed or maximum term.
35. Grievance and Dispute Procedures
(i) At any
stage of the procedure, the employee(s) may be represented by their union or
its local representative/delegate and the employer represented by the
Association.
(ii) The union delegate shall have reasonable
time, without loss of pay, to discuss a grievance or dispute with management at
the local level where prior approval is sought. Such approval shall not be
unreasonably withheld.
(iii) A grievance or dispute shall be dealt
with as follows:
(a) The employee(s) shall notify the
supervisor, or other authorised officers of any grievance or dispute and the
remedy sought, in writing.
(b) A meeting shall be held between the
employee(s) and the supervisor to discuss the grievance or dispute and the
remedy sought within two working days of notification.
(c) If the matter remains unresolved, the
employee(s) may request the matter be referred to the head of the department or
other authorised officer for discussion. A further meeting between all parties
shall be held as soon as practicable.
(d) If the matter remains unresolved the
general manager shall provide the employee(s) with a written response. The
response shall include the reasons for not implementing any proposed remedy.
(e) Where the matter remains unresolved, it
may be referred to the employee's union or representative and by the general
manager or other authorised officer to the Association for further discussion
between the parties.
(iv) The Industrial Registrar may be advised of the existence of a dispute at
any stage of this procedure.
(v) During this procedure and while the
matter is in the course of negotiation, conciliation and/or arbitration, the
work practices existing prior to the dispute shall as far as practicable
proceed as normal.
36. Disciplinary Procedures
A. EMPLOYEE'S RIGHTS
Notwithstanding
the procedures below, an employee shall:
(i) Have access
to their personal files and may take notes and/or obtain copies of the contents
of the file.
(ii) Be entitled to sight, note and/or
respond to any information placed on their personal file which may be regarded
as adverse.
(iii) Be entitled to make application to delete
or amend any disciplinary or other record mentioned on their personal file
which the employee believes is incorrect, out-of-date, incomplete
or misleading.
(iv) Be entitled to request the presence of a union representative and/or the
involvement of their union at any stage.
(v) Be entitled to make application for
accrued leave for whole or part of any suspension during the investigation
process.
B. EMPLOYER'S RIGHTS AND
OBLIGATIONS
Notwithstanding
the procedures contained below, the employer shall:
(i) Be
entitled to suspend an employee with or without pay during the investigation
process provided that:
(a) the suspension
shall not be for longer than is reasonably necessary to conduct a proper
investigation.
(b) the suspension shall be limited to
circumstances where suspected unsatisfactory work performance or conduct, if
substantiated, would constitute a serious breach of the employer’s code of
conduct, policies, procedures, or the employee’s contract of employment.
(c) suspension without pay during an
investigation shall be for a period of not more than two weeks, except where
the progress of the investigation is delayed due to the unavailability of the
employee and/or their representative in which case the period of suspension
without pay may be extended for a further period of up to 7 days or such
greater period by agreement.
(d) If, after investigation, the reasons for
the suspension are found to be inappropriate, the employee shall not suffer any
loss of pay for the period under suspension.
(e) The suspension shall not affect the
employee's continuity of service for the purposes of accruing leave
entitlements.
(f) The employer shall not unreasonably
refuse an application for paid leave under this provision.
(g) By agreement an employee may be
transferred to another position or place of work.
(ii) Be entitled to request the presence of
an Association and/or union representative at any stage.
C. Workplace investigations
(i) The parties to the Award have agreed on
guidelines ("guidelines") concerning workplace investigations.
(ii) Failure
to comply with the guidelines may be used as evidence that a person or employer
has failed to properly conduct or speedily conclude a workplace
investigation. However, a person or
employer cannot be prosecuted only because of a failure to comply with the
guidelines.
(iii) Upon
becoming aware of possible unsatisfactory work performance or conduct by an
employee the employer may decide to investigate.
(iv) Workplace
investigations are a process by which employers gather information to assist
the employer to make an informed decision.
Workplace investigations typically involve enquiring, collecting
information and ascertaining facts.
(v) When deciding whether to investigate possible
unsatisfactory work performance or conduct, factors that the employer should
consider include:
The
seriousness of the possible unsatisfactory work performance or conduct;
How
recent the possible unsatisfactory work performance or conduct occurred;
Potential
implications in not undertaking an investigation; and
Whether
there are any mitigating factors (for example drug/alcohol dependency, health
issues including mental health issues, or family/domestic violence issues).
(vi) Employers
shall properly conduct and speedily conclude workplace investigations
concerning possible unsatisfactory work performance or conduct.
D. Disciplinary PROCEDURES
(i) Where an
employee's work performance or conduct is considered unsatisfactory, the
employee shall be informed in the first instance of the nature of the
unsatisfactory performance or conduct and of the required standard to be
achieved, by the employee's immediate supervisor or other appropriate officer
of the employer. The employer and employee will
discuss the reason(s) for the unsatisfactory work performance or conduct
including matters external to the workplace, and, where appropriate, measures
to assist the employee to improve their work performance or conduct. Such measures may include, for example,
training, counselling and provision of an Employee Assistance Program (EAP).
(ii) Unsatisfactory work performance or
conduct shall include, but not be limited to, neglect of duties, breach of
discipline, absenteeism and non-compliance with safety standards. A written
record shall be kept on the appropriate file of such initial warning. The
employee shall be entitled to sight and sign such written record and add any
notations regarding the contents of such record.
(iii) Where there is re-occurrence of
unsatisfactory work performance or conduct, the employee shall be warned
formally in writing by the appropriate officer of the employer and counselled.
Counselling should reinforce the standard of work or conduct expected and,
where the employee is failing to meet these required standards, a suitable
review period for monitoring the employee's performance; the severity of the
situation; and whether disciplinary action will follow should the employee's
work performance or conduct not improve. A written record shall be kept of such
formal warning and counselling. The employee shall be entitled to sight and
sign such written record and add any notations regarding the contents of such
record.
(iv) If the employee's unsatisfactory work performance or conduct continues or
resumes following the formal warning and counselling, the employee shall be
given a final warning in writing giving notice of disciplinary action should
the unsatisfactory work performance or conduct not cease immediately.
(v) If the employee's work performance or
conduct does not improve after the final warning further disciplinary action
may be taken.
(vi) All formal warnings shall be in writing.
(vii) Delegates shall be provided reasonable
time without loss of pay, to represent members in disciplinary matters at the
local level, provided prior approval is sought. Such approval shall not be
unreasonably withheld.
E. PENALTIES
(i) After
complying with the requirements above, the employer may:
(a) Demote the employee to a lower paid position
or a lower salary point/step provided that the employee shall not suffer a
reduction in the rate of pay for 2 weeks from the date of the demotion.
(b) Suspend the employee without pay from
work for a specified period of time.
(c) Terminate the employment of the employee
in accordance with Clause 38, Termination of Employment of this Award.
(ii) Notwithstanding the above, the employer
may take appropriate disciplinary action before and/or during the procedures in
clause 36D in cases of misconduct or where the employee's performance warrants
such action.
37. Work Health and Safety
A. STATEMENT OF INTENT
The
parties to the Award are committed to co-operating positively to:
(i) promote the safety and welfare of
workers and other people in the workplace;
(ii) eliminate unsafe work practices; and
(iii) ensure that employers and employees understand and comply
with their obligations under the Work
Health and Safety Act 2011 (NSW), Work Health and Safety Regulation 2011
(NSW) and associated codes of practice.
B. SPECIFIC PROVISIONS
In the
case of extreme and unusual weather conditions which could be assessed as
hazardous, employers will review and conduct a risk assessment to determine
what action, if any, needs to be put in place to minimise unnecessary exposure
and risks to its employees during such unusual occurrences.
C. FURTHER INFORMATION AND
RESOURCES
Further
information and resources are available from the following organisations:
(i) Workcover NSW: www.workcover.nsw.gov.au
(ii) Safe Work Australia:
www.safeworkaustralia.gov.au
38. Termination of Employment
(i)
(a) An employee in Operational Band 1 or the
Administrative/Technical Trades Band 2 shall give to the employer two (2) weeks notice of their intention to terminate their
employment.
(b) The notice of intention to terminate for
an employee in Professional/Specialist Band 3 or Executive Band 4 of the Award
shall be the same as that required of the employer in subclause (iv) of this clause.
If no such
notice is provided, the employer shall be entitled to deduct pay equivalent to
the required notice from any entitlements payable under this Award.
(ii) The employer and an employee may agree
to a shorter period of notice for the purpose of this subclause.
(iii) In cases of serious misconduct, the
employer may summarily dismiss an employee following a proper investigation and
provided the employee is afforded procedural fairness. Where an employee is
summarily dismissed, subclause (iv) shall not apply.
(iv) The employer shall give to an employee a period of notice of termination
in accordance with the following scale or by payment in lieu thereof:
EMPLOYEE'S PERIOD OF
|
PERIOD OF NOTICE
|
CONTINUOUS SERVICE
|
|
Less than 2
years
|
At least 2 weeks
|
2 years and
less than 3 years
|
At least 3 weeks
|
3 years and
less than 5 years
|
At least 4 weeks
|
5 years and
beyond
|
At least 5 weeks
|
(v) The provision of this clause shall be read
subject to the provisions of Clause 39, Workplace Change and Redundancy, of
this Award.
39. Workplace Change
(i) Employer’s
Duty to Notify a Proposed Change in Organisation Structure
(a) Where the employer proposes a change in
organisation structure that is likely to have significant effects on employees
and/or result in a reduction in the size of the employer’s workforce, the
employer shall notify the employee(s) who may be affected by the proposed
change and the union(s) to which they belong, at least twenty-eight (28) days
before the change is implemented.
(b) Notice to the union(s) of a proposed
change in organisation structure under subclause 39(i)(a) shall include:
(1) the nature of
the proposed change;
(2) the reason(s) for
the proposed change; and
(3) the position(s)
likely to be affected.
(c) Notice to the union(s) of a proposed
change in organisation structure under subclause 39(i)(a) may be given either before or after a definite decision
is made. The union(s) may, on being notified of the proposed change, respond to
the employer in writing within the twenty-eight (28) days, addressed to the
general manager. Any such response(s)
received by the general manager shall be provided to the decision maker(s)
within seven (7) days.
(d) Notice to the union(s) of a proposed
change in organisation structure under subclause 39(i)(a) shall not form part of any notice of termination under
subclause 40(i).
(e) Nothing in this subclause prevents the
employer from immediately implementing a change in organisation structure with
the consent of the affected employee(s), where the union(s)
to which they belong have been provided at least seven (7) days’ notice of the
proposed change.
(ii) Employer’s Duty to Notify and Discuss
Change after making a Definite Decision
(a) Where the employer has made a definite
decision to introduce major changes in production, program, organisation
structure or technology that are likely to have significant effects on
employees, the employer shall notify the employee(s) who may be affected by the
proposed changes and the union(s) to which they belong.
(b) The employer shall discuss with the
employee(s) affected and the union(s) to which they belong, inter alia, the
introduction of the changes referred to in sub-clause (ii)(a) of this clause,
what affects the changes are likely to have on the employee(s) and measures to
avert or mitigate the adverse changes on the employee(s) and shall give prompt
consideration to matters raised by the employee(s) and/or their union in
relation to the changes and may reconsider its original decision.
(c) The discussion shall commence as early
as practicable after a definite decision has been made by the employer to make
the changes referred to in subclause (ii)(a) of this
clause.
(d) For the purposes of the discussion, the
employer shall provide to the employee(s) concerned and the union(s) to which
they belong, all relevant information about the changes including the nature of
the changes proposed, the expected effects of the changes on the employee(s)
and any other matters likely to affect the employee(s).
(e) Competitive tendering - Where
employee(s) who are adversely affected by the proposed changes request the
employer’s assistance to submit an in-house bid and the employer refuses that
request, the employer shall provide the reason(s) in writing.
(iii) Discussion Before Termination
(a) Where the employer has made a definite
decision that it no longer wishes the job the employee has been doing done by anyone
pursuant to subclause (ii)(a) of this clause and that decision may lead to the
termination of employment, the employer shall hold discussions with the
employee(s) directly affected and with the union(s) to which they belong.
(b) The discussion shall take place as soon
as it is practicable after the employer has made a definite decision which
shall invoke the provision of paragraph (iii)(a) of
this subclause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of the terminations of the employee(s) concerned.
Measures to mitigate the adverse effect on employees may include consideration
of re-training opportunities, redeployment, recruitment advice, the payment of
relocation allowances, provision of additional notice,
access to an employee assistance program, financial advice and such other
assistance as may be reasonably available.
(c) The employer shall not unreasonably
refuse a request by an employee to work through the notice of termination
period in subclause 40(i) to better enable the
employee to explore opportunities to mitigate the adverse effects of workplace
change. During such notice period,
whilst the employee is able to undertake tasks and duties associated with their
position, priority shall be given to activities that may enable the employee to
find employment. Such activities may
include, but not be limited to, training, redeployment opportunities, job
interviews, financial advice and recruitment advice.
(d) For the purposes of the discussion, the
employer shall, as soon as practicable, provide to the employee(s) concerned
and the union to which they belong, all relevant information about the proposed
terminations including the reasons for the proposed terminations, the number
and category of employee(s) likely to be effected and the number of employee(s)
normally employed and the period over which the terminations are likely to be
carried out. Provided that the employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
40. Termination of Employment and Redeployment
Due to Redundancy
(i) Notice
of Termination
(a) Where the employer terminates an
employee’s employment due to redundancy, the employer shall provide the
employee with notice of termination as following:
(1) Subject to subclause (i)(a)(2) of this clause,
five (5) weeks’ notice to terminate or pay in lieu thereof; or
(2) Where the employee’s employment is
terminated because of the introduction of technology, three (3) months’ notice
to terminate or pay in lieu thereof,
provided
that the employment may be terminated by part of the period of notice specified
and part payment in lieu thereof.
(b) Notice or payment of notice under this
paragraph shall be deemed to be service with the employer for the purposes of
calculating leave entitlements under this Award.
(ii) Notice to Centrelink
Where a
decision has been made to terminate fifteen (15) or more employees for reasons
of an economic, technological, structural or similar nature,
or for reasons including such reasons, the employer shall notify Centrelink as soon as possible giving relevant information
as provided at section 530 of the Fair
Work Act 2009 (Cth).
(iii) Severance Pay
(a) This subclause shall apply where an
employee is terminated due to redundancy except where the employee concerned
has been offered, but has refused to accept, an alternative position within the
employer's organisation structure of comparable skill and accountability levels
and remuneration no less than the position previously held by the employee.
(b) In addition to any required period of
notice, and subject to subclause (i) of this Clause,
the employee shall be entitled to severance pay as follows:
COMPLETED YEARS OF SERVICE
|
ENTITLEMENT
|
WITH THE EMPLOYER
|
|
Less than 1
year
|
Nil
|
1 year and
less than 2 years
|
5 weeks pay
|
2 years and
less than 3 years
|
9 weeks pay
|
3 years and
less than 4 years
|
13 weeks pay
|
4 years and
less than 5 years
|
16 weeks pay
|
5 years and
less than 6 years
|
19 weeks pay
|
6 years and
less than 7 years
|
22 weeks pay
|
7 years and
less than 8 years
|
25 weeks pay
|
8 years and less
than 9 years
|
28 weeks pay
|
9 years and
less than 10 years
|
31 weeks pay
|
10 years and
thereafter
|
34 weeks pay
|
(iv) An employee who resigns during the period of notice is entitled to the same
redundancy payments provided in this clause as if they had remained in the
employer’s employment until the expiry of the notice period.
(v) During a period of notice of termination
given by the employer, an employee shall be allowed up to one day off without
loss of pay during each week of notice for the purpose of seeking other
employment. Where required by the employer the employee shall provide proof of
attendance at an interview.
(vi) A redundant employee shall be entitled to
the payment of a job search allowance of up to the rate set out in Table 2 of
Part B of this Award to meet expenses associated with seeking other employment
subject to proof of expenditure or on production of an invoice, and/or other
appropriate documentation. The employee’s entitlement to claim the job search
allowance is limited to a period of up to 12 months from their termination of
service with the employer or until the employee secures alternative employment,
whichever is the sooner.
(vii) If the employee agrees to be redeployed by
the employer into a lower paid position, the employee's existing salary and
conditions shall be maintained for a period equivalent to the amount of notice
and severance pay that the employee would be entitled to under this Award.
Provided that should the employee resign during the period of salary
maintenance, as provided for by this subclause, the balance of any notice and
severance pay that the employee would have been entitled to for the remainder
of the period of salary maintenance shall be paid on termination.
(viii) The employer shall, upon receipt of a
request from an employee to show employment has been terminated, provide to the
employee a written statement specifying the period of the employee's employment
and the classification or the type of work performed by the employee.
(ix) The employer shall, upon receipt of a
request from an employee whose employment has been terminated, provide to the
employee an "Employment Separation Certificate" in the form required
by the Department of Human Services.
(x) In the event that the employer
determines that a position is redundant, the employer where practicable, shall
firstly offer such redundancy on a voluntary basis.
(xi) Nothing in this Award shall be construed so
as to require the reduction or alteration of more advantageous benefits or
conditions which an employee may be entitled to under any existing redundancy
arrangement, taken as a whole, between the industry unions and the employers
bound by this Award.
(xii) Subject to an application by the employer
and further order of the Industrial Relations Commission of New South Wales,
the employer may pay a lesser amount (or no amount) of severance pay than that
contained in subclause (iii) above if the employer obtains acceptable
alternative employment for an employee.
(xiii) Nothing in this clause shall restrict an
employee with ten years’ service or more and the employer from agreeing to
further severance payments.
(xiv) Nothing in this clause restricts the elected
council and/or general manager from exercising their right under the Local Government Act 1993 to determine
and/or re-determine the organisation structure from time to time, and to
implement such determinations.
41. Council Agreements
(i) The parties
agree to review operations at the council level on an ongoing basis with a view
to providing enhanced flexibility and efficiency and to meet the particular
working needs of the employer and its employees.
(ii) The terms of any agreement reached
between the parties shall substitute for the provisions of the Award provided
that:
(a) the extent of the agreement shall be
limited to the Award's Clause 9, Performance Evaluation and Reward; Clause 11,
Payment of Employees; Clause 15, subclauses (xi) and (xii), Travelling and
Camping Allowances; Clause 18, Hours of Work; Clause 19, Overtime; Clause 20,
Holidays; Clause 25, Part time Employment; and Clause 27, Job Share Employment.
(b) the agreement
does not provide less than the entry level rates of pay;
(c) the agreement
is consistent with the Industrial
Relations Act 1996 (NSW) and current wage fixing principles; and
(d) the agreement
shall be processed in accordance with subclause (iii) of this clause. Provided
further that, where the agreement proposes to vary award provisions other than
those nominated in paragraph (a) above, the agreement shall be processed in
accordance with the Enterprise Arrangement Principle.
(iii) A council agreement shall be processed as
follows:
(a) the unions
shall be notified prior to the commencement of negotiations;
(b) the agreement
has been genuinely arrived at by negotiation without compulsion;
(c) the agreement
shall be committed to writing and shall include a date of operation and a date
of expiration;
(d) the employer
and the appropriate union(s) shall sign the agreement and a copy sent to the
Association;
(e) Any party to a council agreement may at
any stage during the above process refer the matter to the Industrial Relations
Commission of NSW.
(iv)
(a) Section 44 of
the Industrial Relations Act 1996 (NSW) relating to the termination of
enterprise agreements shall apply to the termination of council agreements made
in accordance with this clause, and a council agreement may be terminated in
the same manner as an enterprise agreement.
(b) Where a
council agreement is terminated at or after the end of its nominal term by the
giving of written notice to each other party to the agreement, at least three
(3) months’ notice shall be given. The
notice may be served before the end of the nominal term.
(c) Termination of
a council agreement is not effective until all of the parties to the agreement
have been given written notice of the approval to terminate or of service of
the notice of intention to terminate.
42. Savings and Transitional
(i) The
employer must ensure that employees engaged on incremental scales on or before
8 June 1992, continue to be paid in accordance with the incremental scales as
adjusted. This subclause does not apply in the following circumstances:
(a) if the employer
has an operative training plan which is sufficient to allow progression at
least equal to that under the previous incremental scales;
(b) if an employee
chooses not to undertake training consistent with the employer’s training plan;
and
(c) if the
incremental scale provides a rate of pay less than the Award entry level rate
of pay.
(ii)
(a) No employee shall receive a reduction in
pay as a result of the implementation of this Award or transfer to a salary
system.
(b) Unless otherwise agreed, employees,
including seasonal workers, who are in regular receipt of penalty rates and/or
shift penalties, aggregate rates of pay or other arrangements that compensate
for hours of work shall either continue to receive such benefits or the
payments prescribed by clause 18, whichever is the higher.
(c) The provisions in subclause (ii)(b) shall apply where council and enterprise agreements are
terminated.
(d) The provisions in subclause (ii)(b) shall apply in addition to the Award increases
prescribed by clause 44.
(iii) Where employees, employed in areas where
the employer's office is situated upon or to the west of a line starting from a
point on the right bank of the Murray River opposite Swan Hill (Victoria),
thence by straight lines passing through the following towns or localities in
the order stated, viz: Conargo, Argoon,
Hay, Rankin's Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone,
Coonabarabran, Narrabri, Moree, Warialda, Ashford and Bonshaw; at the time of making
this Award had an entitlement to receive one week's leave of absence with pay
in addition to the annual leave provided at subclause 21D(i)
of this Award, the employee shall retain this entitlement whilst still employed
by the employer at which they were working at the time of the making this
Award.
(iv)
(a) West
of the Line Allowance
Where
employees of the undermentioned council areas and those employers situated to
the west thereof at the time of making this Award were paid at the rate per
week as set out in Table 2 of Part B in addition to their rate of pay, those
employees shall retain this entitlement whilst they continue to be employed by
the employer at which they were working, at the time of the making of this
Award; Moree Plains, Walgett, Narrabri, Coonamble, Warren, Lachlan, Carrathool,
Leeton, Murrumbidgee, Windouran, Murray and Griffith.
(b) Climatic Allowance
Where
employees working within the area bounded by the Shires of Snowy River, Tumut
and Tumbarumba at the time of the making of this Award, were paid per week as
set out in Table 2 of Part B or part thereof, those employees shall retain this
entitlement whilst still employed by the employer at which they were working,
at the time of the making of this Award.
(c) In addition to what is provided in
paragraphs (a) and (b) of this subclause, the allowances shall be paid to those
employees during periods of absence on paid sick leave, public holidays and
annual leave, but not otherwise.
(v) Where an employee prior to 11 May 1995,
had an entitlement to transfer accumulated sick leave from one employer to
another employer in New South Wales, under the Local Government Senior
Officers' Award the employee shall retain this entitlement.
(vi) The implementation of this Award shall not result in the removal of any
existing arrangement for an additional payment made by the employer for the
payment of wages, excepting when such payment relates to FID.
(vii) Where an on call employee has been paid a
minimum payment for a public holiday on a regular basis, such arrangements
shall continue, unless otherwise agreed.
(viii) Where a casual employee engaged in a
position on a regular and systematic basis has been paid casual loading on overtime
prior to 1 November 2007, such arrangements shall continue while such employee
is engaged in that position, unless otherwise agreed.
43. Leave Reserved
(i) Leave
is reserved for the parties to the Award to apply to vary tool allowances as
set out in Clause 15(vi)(a) and
compensation of tools as set out in Clause 15(vi)(d) of this Award in line with
the Crown Employees (Skilled Trades) Award.
(ii) Following any adjustment to the federal
Local Government Industry Award 2010, leave is reserved for the parties to
apply to amend the vehicle allowances as set out in Clause 16A(i), Clause 16A(iii)
and Clause 15(x)(j) of this Award to reflect such adjustment. The relevant
adjustment factor for this purpose is the percentage movement in the index
figure published by the Australian Bureau of Statistics for Eight Capitals,
private motoring sub-group (Cat No 6401.0).
(iii) Following any adjustment to the federal
Local Government Industry Award 2010, leave is reserved for the parties to
apply to amend the meal allowance set out in Clause 15(xiv) to reflect such
adjustment. The relevant adjustment factor for this purpose is the percentage
movement in the index figure published by the Australian Bureau of Statistics
for Eight Capitals, take away and fast foods sub-group (Cat No 6401.0).
(iv) Leave is reserved for the
parties to the Award to apply to vary the traineeship wage rates in Clause 30E(xii) in accordance with the pay scales derived
from the federal Local Government Industry Award 2010.
(v) Leave is reserved for the parties to the
Award to apply to vary Clause 30, Junior and Trainee Employment, to reflect
industry training needs.
(vi) Leave is reserved for the parties to apply to
vary the Award consistent with the principles of the Industrial Relations
Commission of New South Wales in relation to the accreditation of employees by
the Building Professionals Board.
(vii) Leave is reserved for the parties to apply
to vary the Award to reflect legislative changes that relate to parental leave.
(viii) Leave is reserved for the parties to apply
to vary Clause 16B(iii)(b), variations to leaseback
fees, to reflect future changes to fringe benefits tax.
(ix) Subject to the necessary legislative
changes occurring, which the parties undertake to pursue, leave is reserved for
the parties to apply to vary Clause 21D, Annual Leave, to provide that
employees may, with the consent of the employer, take annual leave at either
full, half or double pay.
44. Area, Incidence and Duration
(i) This
Award shall apply to all employers and employees:
(a) in local government in New South Wales; and
(b) in the local government industry in New South Wales as
defined in this clause.
(ii) In this Award
"local government industry in New South Wales" means all activities undertaken
by local government entities, including activities undertaken by corporations
controlled by one or more local government entities. For the purposes of this subclause a
corporation is controlled by one or more local government entities if one or
more local government entities have the capacity to determine the outcomes of
decisions about the corporation’s financial and operating policies.
(iii) The
Award does not cover those employers and employees:
(a) whose positions are determined pursuant to section 332 of
the Local Government Act 1993 (NSW)
to be senior staff positions;
(b) covered by the Local Government (Electricians) State Award;
(c) covered by the Nursing Home &c Nurses (State) Award;
(d) covered by the Charitable Sector Aged and Disability Care
Services (State) Award 2003;
(e) covered by the Charitable, Aged and Disability Care Services
(State) Award; and
(f) covered by the Miscellaneous Workers Home Care Industry
(State) Award;
(g) employed by The City of Sydney;
(h) employed by Wollongong City Council;
(i) employed by Broken Hill City Council (that being the County
of Yancowinna);
(j) employed by Newcastle City Council and covered by the
Entertainment and Broadcasting Industry - Live Theatre and Concert (State)
Award;
(k) employed by
the Moree Artesian Aquatic Centre and principally engaged in the duties of the
MAAC Ltd Wellness Centre within the premises known as the MAAC Ltd; and
(l) employed by Newcastle Airport Pty Limited.
(iv) This Award shall rescind and replace the Local Government (State) Award 2014 published 22 August 2014 (376 I.G. 817) and all
variations thereof.
(v) This Award shall operate from the
commencement of the first pay period on or after the 1 July 2017 and shall remain
in force for a period of three years.
(vi) The Award in column (a) of Table 1 of Part B provides for a 2.35% increase
in rates of pay with a minimum payment of $20.40 per week to operate from the
first full pay period to commence on or after 1 July 2017.
(vii) The Award in column (b) of Table 1 of Part
B provides for a 2.5% increase in rates of pay with a minimum payment of $21.80
per week to operate from the first full pay period to commence on or after 1
July 2018.
(viii) The Award in column (c) of Table 1 of Part
B provides for a 2.5% increase in rates of pay with a minimum payment of $22.30
per week to operate from the first full pay period to commence on or after 1
July 2019.
(ix) The increases in rates of pay provided by
this Award shall apply to the rates of pay in employer’s salary system.
(x) The increases granted by this Award may
be absorbed into enterprise increases granted since 29 May 1991 exceeding any
award increases since that date, that is an $8 safety net adjustment and
increases of 6%, 2.5%, 2.5%, 3.5%, 3.25%, 3.25%, 2.7%, 3.3%, 3.25%, 3.25%,
4.0%, 3.5%, 3%, 3.2%, 3.2%, 3.2%, 2.6%, 2.15%, 3.25%, 3.25%, 2.6%, 2.7% and
2.8% provided that the following increases shall not be absorbed:
(a) placement or
progression within the employer's salary system;
(b) increases in
hours of work; and
(c) incorporation
of penalty rates and shift or other allowances into the employee's rate of pay.
(xi) In agreeing to increases in rates of pay
for the term of this Award, the parties recognise that employers and employees
have and shall continue to engage in enterprise bargaining.
Part B
MONETARY RATES - TABLE 1
CLAUSE
6- RATES OF PAY
|
(a)
|
(b)
|
(c)
|
Band/Level
|
Rate Per Week
|
Rate Per Week
|
Rate Per Week
|
|
First Pay Period
|
First Pay Period
|
First Pay Period
|
|
01/07/17
|
01/07/18
|
01/07/19
|
|
$
|
$
|
$
|
Operational
Band 1
|
|
|
|
Level 1
(Juniors and Trainees)
|
|
|
|
T1 at 15
years of age
|
390.00
|
399.80
|
409.80
|
T2 at 16 years
of age or School Certificate
|
486.70
|
498.90
|
511.40
|
T3 at 17
years of age
|
572.60
|
586.90
|
601.60
|
T4 at 18
years of age or over or HSC
|
669.40
|
686.10
|
703.30
|
T5
|
766.70
|
785.90
|
805.50
|
T6
|
827.70
|
848.40
|
869.60
|
T7
|
868.40
|
890.10
|
912.40
|
T8
|
910.20
|
933.00
|
956.30
|
T9
|
952.20
|
976.00
|
1000.40
|
T10
|
995.50
|
1020.40
|
1045.90
|
|
|
|
|
Level 2
|
814.10
|
835.90
|
858.20
|
Level 3
|
870.00
|
891.80
|
914.10
|
Level 4
|
962.80
|
986.90
|
1011.60
|
|
|
|
|
Administrative/Technical/Trades
Band 2
|
|
|
|
Level 1
|
952.20
|
976.00
|
1000.40
|
Level 2
|
1091.90
|
1119.20
|
1147.10
|
Level 3
|
1306.80
|
1339.50
|
1373.00
|
|
|
|
|
Professional/Specialist
Band 3
|
|
|
|
Level 1
|
1091.90
|
1119.20
|
1147.20
|
Level 2
|
1306.80
|
1339.50
|
1373.00
|
Level 3
|
1521.70
|
1559.70
|
1598.70
|
Level 4
|
1844.90
|
1891.00
|
1938.30
|
|
|
|
|
Executive
Band 4
|
|
|
|
Level 1
|
1736.90
|
1780.30
|
1824.80
|
Level 2
|
2167.40
|
2221.60
|
2277.10
|
Level 3
|
2704.90
|
2772.50
|
2841.80
|
Level 4
|
3242.20
|
3323.30
|
3406.40
|
Note: T stands
for Trainee
CLAUSE
30E (XII) - TRAINEESHIP WAGE RATES
|
Highest Year of School Completed
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
School
Leaver
|
312.20
|
343.80
|
409.60
|
Plus 1 year
out of school
|
343.80
|
409.60
|
476.60
|
Plus 2 years
|
409.60
|
476.60
|
554.70
|
Plus 3 years
|
476.60
|
554.70
|
635.10
|
Plus 4 years
|
554.70
|
635.10
|
|
Plus 5 years
or more
|
635.10
|
|
|
MONETARY RATES - TABLE 2 ALLOWANCES
|
First Pay Period
|
First Pay Period
|
First Pay Period
|
|
01/07/17
|
01/07/18
|
01/07/19
|
|
$
|
$
|
$
|
Clause 15(i) Level 1 Adverse Working
Conditions Allowance
|
0.41p.h. or
|
0.42p.h. or
|
0.43p.h. or
|
|
15.40p.w.
|
15.80p.w.
|
16.20p.w.
|
Clause 15(ii) Level 2 Adverse Working Conditions Allowance
|
1.07p.h. or
|
1.10p.h. or
|
1.13p.h. or
|
|
40.70p.w.
|
41.70p.w.
|
42.70p.w.
|
Clause
15(iii) Sewer Chokes
|
8.77p.s.
|
8.99p.s.
|
9.21p.s.
|
Clause
15(vi)(a) Tool Allowances
|
|
|
|
Bricklayer
|
22.00p.w.
|
22.00p.w.
|
22.00p.w.
|
Carpenter
& Plumber
|
30.80p.w.
|
30.80p.w.
|
30.80p.w.
|
Metal &
Mechanical Trades
|
30.80p.w.
|
30.80p.w.
|
30.80p.w.
|
Painter &
Signwriter
|
7.50p.w.
|
7.50p.w.
|
7.50p.w.
|
Plasterer
|
30.80p.w.
|
30.80p.w.
|
30.80p.w.
|
Clause 15
(vi)(d) Insurance Value
|
1790.00p.a.
|
1790.00p.a.
|
1790.00p.a.
|
Clause
15(x)(f) Travelling Allowances
|
|
|
|
3 - 10 km
|
4.93p.j.
|
5.05p.j.
|
5.18p.j.
|
11 - 20 km
|
7.80p.j.
|
8.00p.j.
|
8.20p.j.
|
21 - 33 km
|
11.30p.j.
|
11.58p.j.
|
11.87p.j.
|
34 - 50 km
|
17.29p.j.
|
17.72p.j.
|
18.16p.j.
|
Each
additional 10kms
|
4.65p.j.
|
4.77p.j.
|
4.89p.j.
|
Clause 15(x)(j)
Vehicle Allowance (cents per km)
|
|
|
|
Under 2.5
litres
|
0.68p.km.
|
0.68p.km.
|
0.68p.km.
|
2.5 litres
and over
|
0.78p.km.
|
0.78p.km.
|
0.78p.km.
|
Clause
15(xi)(a) Camping Allowance
|
58.00p.n.
|
63.00p.n.
|
67.55p.n.
|
Clause 15 (xii)(a) Community Language Allowance
|
21.80p.w.
|
22.30p.w.
|
22.90p.w.
|
Clause
15(xiii)(a) First Aid Allowance
|
14.70p.w.
|
15.10p.w.
|
15.50p.w.
|
Clause
15(xiv) Meal Allowance
|
15.14
|
15.14
|
15.14
|
Clause 15(xv)
Civil Liability Allowance (payable
|
3.5%
|
3.5%
|
3.5%
|
from the
first pay period commencing on or after
|
|
|
|
15 December
2006)
|
|
|
|
Clause 16A(i) Vehicle Allowances (cents per km)
|
|
|
|
(a) Under 2.5 litres
|
0.68p.km.
|
0.68p.km
|
0.68p.km
|
2.5 litres
and over
|
0.78p.km.
|
0.78p.km.
|
0.78p.km.
|
(b) Minimum quarterly payment
|
2145.00
|
2145.00
|
2145.00
|
Clause 19C (iii) On Call Allowance on ordinary working days
|
19.33p.d.
|
19.81p.d.
|
20.31p.d.
|
Clause 19C (iv)
On Call Allowance - on other days
|
37.84p.d.
|
38.79p.d.
|
39.76p.d.
|
Clause 19C (v) On Call Allowance - maximum per week
|
172.40p.w.
|
176.70p.w.
|
181.10p.w.
|
Clause 40(vi)
Job Search Allowance
|
2558.80
|
2622.80
|
2688.40
|
Clause 42(iv)
Savings and Transitional
|
|
|
|
(a) West of the Line Allowance
|
3.90p.w.
|
3.90p.w.
|
3.90p.w.
|
(b) Climatic Allowance
|
3.90p.w.
|
3.90p.w.
|
3.90p.w.
|
Key:
|
|
|
p.h.
|
=
|
per hour
|
p.a.
|
=
|
per annum
|
p.d.
|
=
|
per day
|
p.w.
|
=
|
per week
|
p.n.
|
=
|
per night
|
p.km.
|
=
|
per kilometre
|
p.j.
|
=
|
per journey
|
p.s.
|
=
|
per shift
|
SCHEDULE 1
MINIMUM STANDARDS OF CARAVAN ACCOMMODATION TO BE PROVIDED TO EMPLOYEES
REQUIRED TO CAMP OUT
Where employees
camp out the employer shall provide suitable caravan accommodation for the
employees concerned in accordance with the following minimum standards:
(a) Caravans shall be of such size as to
provide adequate space for each employee and no more than two employees should
be accommodated in any one caravan.
(b) The walls and ceilings of the caravan
shall be of sound construction and shall be insulated. Fly screen doors and
windows shall be fitted and all openings adequately sealed against dust and/or
weather conditions. Adequate steps shall be provided at each door.
(c) The floor is to be covered with vinyl
tiles, linoleum or other acceptable standard floor covering.
(d) Reverse cycle or refrigerated air conditioning
or other agreed cooling device and/or heater shall be provided in each caravan
and shall be appropriately maintained.
(e) Two separately located suitable bedding
shall be provided together with suitable mattresses.
(f) A fixed separate table shall be provided
with two separate seats and brackets so as to provide for the taking of meals
comfortably.
(g) A wardrobe shall be provided for each
employee, ensuring adequate clothes hanging space, fitted with shelf.
(h) A personal bed locker shall be located
at each bed. This shall consist of at least one shelf and door.
(i) Each camp
shall be supplied with an electric generator or other suitable power source
that is of the low decibel type and the generator shall be housed in such a
manner so as to provide for noise insulation. The generator shall be
sufficiently powerful so as to service each appliance that is within or is
associated with the use of the van. Generators shall be appropriately
maintained.
(j) Adequate electric lighting shall be installed
in the caravan and sufficient external lighting shall be provided so as to
allow for safe access to toilet facilities and vehicles.
(k) Each caravan shall be equipped with a
suitable refrigerator; a stovette with two burners and a griller and, where
such stovette is an l.p.g. stovette, shall be fitted
with safety tap. A sink with basin pump connected to a storage water tank of
sufficient capacity shall be provided. The water tank shall have an external
tap. An adequate supply of cool drinking water shall be provided.
(l) A food and utensils storage cabinet
suitably equipped with pots, pans and kettle and sufficient bench space shall
be provided to allow for the preparation of meals.
(m) Showering facilities shall be included in
the caravan. Each shower cubicle shall be provided with a shower curtain and
rod, soap holder, hot and cold water and non-slip floor. Soap and other
suitable cleaning agents shall be provided for employees taking showers, such
cleaning agents should be of a type that will safely remove an unwanted
substance with which the employee has come in contact. Adequate lighting and
ventilation shall be provided in the shower area.
(n) The carrying and storage of fuel and
employer stores within the internal frame of the caravan will not be permitted
under any circumstances. Employers shall provide for the safe keeping of
employees tool kits and personal belongings, including when employees are off
the site. Provision shall be made to allow for safe storage of hand tools and
other equipment during meal and other breaks.
(o) Kerosene heating, cooking and/or
lighting are not considered to be suitable facilities.
(p) Suitable cleaning equipment shall be
provided together with storage facilities for such equipment.
(q) Access to and egress from all amenities
shall be kept clear at all times.
(r)
(i) Garbage
bins, which are vermin/fly proof with secure lids shall be provided together with
removable and sealable bin liners.
(ii) Adequate toilet facilities shall be provided
and positioned to provide privacy and so as to preclude odours reaching meal
and/or accommodation facilities.
(s) Washing facilities shall be provided
under cover and an adequate supply of soap and paper towels shall be provided
and replaced as needed. A vermin/fly proof garbage bin with removable liner and
secure lid shall be provided in the vicinity of the washing facilities and
emptied when necessary.
(t) Caravans shall be regularly inspected
for maintenance purposes and a record book kept by employer indicating the age
of the vans and maintenance work carried out on the vans.
J.
P. MURPHY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.