Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Director
of Public Employment.
(No. IRC 2044 of 2008)
|
Before The Honourable Justice
Boland, President
|
13 November 2008
|
VARIATION
1. In clause 1,
Arrangement, of the award published 10 March 2006 (357 I.G. 1108), delete
clause 26, Travelling Allowances - General and insert in lieu thereof the
following:
26. Travelling
Compensation
2. In the said
clause 1, delete clauses 30, Travelling Allowances when staying in Non
Government Accommodation, and 31, Travelling Allowances when staying in
Government Accommodation, and insert in lieu thereof the following:
30. (Deleted)
31. (Deleted)
3. In the said
clause 1, delete clause 81, Sick Leave - Requirements for Medical Certificate
and insert in lieu thereof the following:
81. Sick Leave -
Requirements for Evidence of Illness
4. In clause 3,
Definitions, delete the definitions of:
Government accommodation
Use of Private Motor Vehicle - Casual rate
Use of Private Motor Vehicle - Official business rate
5. In the said
clause 3, delete the definition of Ordinary hourly rate of pay and insert in
lieu thereof the following:
Ordinary hourly rate of pay means the hourly equivalent
of the annual rate of pay of the classification as set out in the Crown
Employees (Public Sector - Salaries 2008) Award calculated using the formula
set out in clause 12, Casual employment.
6. In clause 10,
Local Arrangements, add new paragraph (4) to subclause (b) as follows:
(4) include a clause
allowing either party to terminate the arrangement by giving 12 months’ notice.
7. In the said
clause 10, insert at the end of subclause (c) a new sentence as follows:
Where such local arrangements do not include provisions
in relation to core time, settlement periods, contract hours, flex credit, flex
debit, or flex leave, the relevant provisions of clause 21, Flexible Working
Hours of this award shall apply.
8. In the said
clause 10, insert new paragraphs (d) and (e) as follows:
(d) Attendance and
the accrual of flexible working hours credit - A staff member may only work
outside the hours of a standard day but within the bandwidth and accrue hours
toward a flexible working hours credit if the work is available to be
performed.
(e) Where a staff
member has accrued 8 weeks recreation leave, unless otherwise authorised by
their manager, flex leave can only be taken where recreation leave has been
applied for and approved. If, however,
recreation leave has been applied for and declined or not actioned by the
manager, access to flex leave is still available.
9. Delete the
title of clause 26, Travelling Compensation - General, and insert in lieu
thereof the following:
26. Travelling
Compensation
10. In clause 26,
Travelling Compensation, insert new subclauses (e) to (n) as follows:
(e) The Department
will elect whether to pay the accommodation directly or whether a staff member
should pay the accommodation and be reimbursed in accordance with this
clause. Where practicable staff members
shall obtain prior approval when making their own arrangements for overnight
accommodation
(f) Subject to
subclause (n), a staff member who is required by the Department Head to work
from a temporary work location shall be compensated for accommodation, meal and
incidental expenses properly incurred during the time actually spent away from
the staff member's residence in order to perform the work.
(g) If meals are
provided by the Government at the temporary work location, the staff member
shall not be entitled to claim the meal allowance.
(h) For the first 35
days, the payment shall be either:
(1) where the
Department elects to pay the accommodation provider the staff member shall
receive the appropriate meal allowance in accordance with Item 1 of Table 1 -
Allowances of Part B Monetary Rates and incidentals as set out in Item 2 of
Table 1 - Allowances of Part B Monetary Rates, and actual meal expenses
properly and reasonably incurred (excluding morning and afternoon teas) for any
residual part day travel; OR
(2) where the
Department elects not to pay the accommodation provider the staff member shall
receive the appropriate rate of allowance specified in Item 2 of Table 1 -
Allowances of Part B Monetary Rates for every period of 24 hours absence by the
staff member from their residence, and actual meal expenses properly and
reasonably incurred (excluding morning and afternoon teas) for any residual
part day travel; OR
(3) in lieu of (2)
above, the staff member electing to be paid actual expenses properly and
reasonably incurred for the whole trip on official business (excluding morning
and afternoon teas) together with an incidental expenses allowance set out in
Item 2 of Table 1 - Allowances of Part B Monetary Rates.
(i) Payment of the
appropriate allowance for an absence of less than 24 hours may be made only
where the staff member satisfies the Department Head that, despite the period of
absence being of less than 24 hours duration, expenditure for accommodation and
three meals has been incurred.
(j) Where a staff
member is unable to so satisfy the Department Head, the allowance payable for
part days of travel shall be limited to the expenses incurred during such part
day travel.
(k) After the first
35 days - If a staff member is required by the Department Head to work in the
same temporary work location for more than 35 days, such staff member shall be
paid the appropriate rate of allowance as specified in Item 2 of Table 1 -
Allowances of Part B Monetary Rates.
(l) Long term
arrangements - As an alternative to the provisions after the first 35 days set
out in subclause (k) of this clause, Departments could make alternative
arrangements for meeting the additional living expenses, properly and
reasonably incurred by a staff member working from a temporary work location.
(m) The return of a
staff member to their home at weekends, on rostered days off or during short
periods of leave while working from a temporary work location shall not
constitute a break in the temporary work arrangement.
(n) This clause does
not apply to staff members who are on an employee-initiated secondment in
accordance with section 86 of the Act and described in the Commentary and
Guidelines on Staff Mobility (temporary staff transfers - section 86 and
temporary assignment - section 88) and Cross-Agency Employment (section 100) Public
Sector Employment and Management Act 2002.
11. In clause 27,
Excess Travelling Time, delete subclause (a) and insert in lieu thereof the
following:
(a) Excess
Travelling Time - A staff member directed by the Department Head to travel on
official business outside the usual hours of duty to perform duty at a location
other than normal headquarters will, at the Department Head’s discretion, be
compensated for such time either by:
(1) Payment
calculated in accordance with the provisions contained in this clause; or
(2) If it is
operationally convenient, by taking equivalent time off in lieu to be granted
for excess time spent in travelling on official business. Such time in lieu must be taken within 1
month of accrual unless otherwise authorised by the staff member’s manager.
12. In the said
clause 27, renumber paragraph (8) of subclause (c) as paragraph (9) and insert
new paragraph (8) as follows:
(8) Time within the
flex time bandwidth
13. Delete clause
30, Travelling Allowances When Staying in Non Government Accommodation, and
insert in lieu thereof the following:
30. (Deleted)
14. Delete clause
31, Travelling Allowances When Staying in Government Accommodation, and insert
in lieu thereof the following:
31. (Deleted)
15. In clause 32,
Restrictions on Payment of Travelling Allowances, delete the introductory wording
of subclause (a) and insert in lieu thereof the following:
(a) An allowance
under clause 26, Travelling Compensation is not payable in respect of:
16. In the said
clause 32, delete the introductory wording of subclause (b) and insert in lieu
thereof the following:
(b) A staff member
who is in receipt of an allowance under clause 26, Travelling Compensation
shall be entitled to the allowance in the following circumstances:
17. In clause 36,
Camping Allowance, delete subclause (c) and insert in lieu thereof the
following:
(c) Where the
Department Head is satisfied that it was not reasonable in the circumstances
for the staff member to camp, a staff member who is entitled to a camping
allowance shall be paid a travelling allowance under clause 26, Travelling
Compensation of this award, instead of the camping allowance.
18. In clause 37,
Composite Allowance, delete paragraph (2) of subclause (a) and insert in lieu
thereof the following:
(2) on some
occasions, is required to camp and on other occasions resides in accommodation
for which an allowance is payable under clause 26, Travelling Compensation of
this award.
19. In the said
clause 37, delete subclause (c) and insert in lieu thereof the following:
(c) In order to be
paid the composite allowance under this clause, the staff member shall submit
to the Department Head an election each 12 months. If the election is not made
by the staff member or not approved by the Department Head, travelling or
camping allowances under clauses 26 or 36 of this award, whichever is
appropriate, shall apply.
20. In the said
clause 37, delete subclause (f) and insert in lieu thereof the following:
(f) On occasions
when a staff member receiving a composite allowance is provided with
accommodation by the Government, the allowance ceases. The incidental expenses
allowances and reimbursement for any meal expenses properly and reasonably
incurred and not provided by the Government are to be paid in accordance with
clause 26, Travelling Compensation of this award.
21. In clause 38,
Allowance Payable for Use of Private Motor Vehicle, delete subclause (b) and
renumber existing subclause (c) as (b).
Insert new subclause (c) as follows:
(c) Different levels
of allowance are payable for the use of a private motor vehicle for work
depending on the circumstances and the purpose for which the vehicle is used.
(1) The casual rate
is payable if a staff member elects, with the approval of the Department Head,
to use their vehicle for occasional travel for work. This is subject to the allowance paid for the travel not
exceeding the cost of travel by public or other available transport.
(2) The official
business rate is payable if a staff member is directed, and agrees, to use the
vehicle for official business and there is no other transport available. It is also payable where the staff member is
unable to use other transport due to a disability. The official business rate includes a component to compensate a
staff member for owning and maintaining the vehicle.
22. In the said clause
38, delete subclause (h).
23. In clause 53,
First Aid Allowance, delete subclause (d) and insert in lieu thereof the
following:
(d) The First Aid
Allowance shall not be paid during extended leave or any other continuous
period of leave which exceeds one week.
24. In clause 54,
Review of Allowances Payable in Terms of This Award, delete paragraphs (1) to
(4) of subclause (a) and insert in lieu thereof the following:
(1) Clause 26.
Travelling Compensation;
(2) Clause 29. Meal
Expenses on One Day Journeys;
(3) Clause 38.
Allowance Payable for Use of Private Motor Vehicle;
(4) Clause 95.
Overtime Meal Allowances, for breakfast, lunch and dinner.
25. In the said
clause 54, delete paragraph (3) of subclause (b) and renumber the following
paragraphs as (3) to (9).
26. In clause 72,
Parental Leave, delete subclause (f) and insert in lieu thereof the following:
(f) A staff member
who commences a subsequent period of maternity or adoption leave within 24 months
of commencing an initial period of maternity or adoption leave will be paid:
(1) at the rate they
were paid before commencing the initial leave if they have not returned to
work; or
(2) at a rate based
on the hours worked before the initial leave was taken, where the staff member
has returned to work and reduced their hours during the 24 month period; or
(3) at a rate based
on the hours worked prior to the subsequent period of leave where the staff
member has not reduced their hours.
27. In clause 74,
Family and Community Service Leave, delete subclause (a) and insert in lieu
thereof the following:
(a) The Department
Head shall grant to a staff member some, or all of their accrued family and
community service leave on full pay, for reasons relating to unplanned and
emergency family responsibilities or other emergencies in subclause (b). The Department Head may also grant leave for
the purposes in subclause (c). Non-emergency
appointments or duties shall be scheduled or performed outside of normal
working hours or through approved use of flexible working arrangements or other
appropriate leave.
28. In the said
clause 74, delete the introductory wording of (b) and insert in lieu thereof
the following:
(b) Such unplanned
and emergency situations may include, but not be limited to, the following:
29. In the said
clause 74, delete paragraph (4) of subclause (b) and insert in lieu thereof the
following:
(4) Attending to
unplanned or unforeseen family responsibilities, such as attending child's
school for an emergency reason or emergency cancellations by child care
providers;
30. In the said
clause 74, delete paragraphs (6) and (7) of subclause (b).
31. In the said
clause 74, delete subclauses (c) and (d) and renumber subclauses (e) to (h) as
(f) to (i). Insert new subclauses (c),
(d) and (e) as follows:
(c) Family and
community service leave may also be granted for:
(1) An absence
during normal working hours to attend meetings, conferences or to perform other
duties, for staff members holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the staff member does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council; and
(2) Attendance as a
competitor in major amateur sport (other than Olympic or Commonwealth Games)
for staff members who are selected to represent Australia or the State.
(d) The definition
of "family or "relative" in this clause is the same as that
provided in subclause 82(c)(2) of this award.
(e) Family and
community service leave shall accrue as follows:
(1) 2 ½ days in the
staff member’s first year of service;
(2) 2 ½ days in the
staff member’s second year of service; and
(3) one day per year
thereafter.
32. In clause 75,
Leave Without Pay, insert new subclauses (h), (i), (j) and (k) as follows:
(h) A permanent
appointment may be made to the staff member’s position if:
(1) the leave
without pay has continued or is likely to continue beyond the original period
of approval and is for a total period of more than 12 months; and
(2) the staff member
is advised of the Department’s proposal to permanently backfill their position;
and
(3) the staff member
is given a reasonable opportunity to end the leave without pay and return to
their position; and
(4) the Department
advised the staff member at the time of the subsequent approval that the
position will be filled on a permanent basis during the period of leave without
pay.
(i) The position
cannot be filled permanently unless the above criteria are satisfied.
(j) The staff
member does not cease to be employed by the Department if their position is
permanently backfilled.
(k) Subclause (h) above
does not apply to full-time unpaid parental leave granted in accordance with
paragraph (h)(i) of clause 72, Parental Leave or to military leave.
33. In clause 76,
Military Leave, delete subclause (c) and insert in lieu thereof the following:
(c) Up to 24 working
days military leave per financial year may be granted by the Department Head to
members of the Naval and Military Reserve and up to 28 working days per
financial year to members of the Air Force Reserve for the activities specified
in subclause (a) of this clause.
34. In clause 78,
Recreation Leave, insert new paragraph (5) in subclause (b) as follows:
(5) A staff member
must take their recreation leave to reduce all balance below 8 weeks, and the
Department must cooperate in this process.
The Department may direct a staff member with more than 8 weeks to take
their recreation leave so that it is reduced to below 8 weeks by school term
one 2010.
35. In the said
clause 78, insert new subclause (i) as follows:
(i) A staff member
entitled to additional recreation leave under 78(a)(2) Recreation Leave,
88(g)(6) or 88(h)(5) Shiftwork, can elect at any time to cash out the
additional recreation leave.
36. In clause 80,
Sick Leave, renumber subclauses (e) and (f) as (g) and (h). Delete subclauses (b), (c) and (d) and
insert new subclauses (b), (c), (d), (e) and (f) as follows:
(b) Payment for sick
leave is subject to the staff member:
(1) Informing their
manager as soon as reasonably practicable that they are unable to perform duty
because of illness. This must be done
as close to the staff member’s starting time as possible; and
(2) Providing
evidence of illness as soon as practicable if required by clause 81.
(c) If the
Department Head is satisfied that a staff member is unable to perform duty
because of the staff member's illness or the illness of his/her family member,
the Department Head:
(1) Shall grant to
the staff member sick leave on full pay; and
(2) May grant to the
staff member sick leave without pay if the absence of the staff member exceeds
the entitlement of the staff member under this Award to sick leave on full pay.
(d) The Department
Head may direct a staff member to take sick leave if they are satisfied that,
due to the staff member’s illness, the staff member:
(1) is unable to
carry out their duties without distress; or
(2) risks further
impairment of their health by reporting for duty; or
(3) is a risk to the
health, wellbeing or safety of other staff members, Departmental clients or
members of the public
(e) The Department
Head may direct a staff member to participate in a return to work program if
the staff member has been absent on a long period of sick leave.
(f) Accrued
Entitlements. Any staff member
appointed from the date of this award variation will commence accruing sick
leave in accordance with this clause immediately. Staff members at the time of the award variation will accrue sick
leave in accordance with this clause from 1 January 2009 onwards.
(1) At the
commencement of employment with the Public Service, a full-time staff member is
granted an accrual of 5 days sick leave.
(2) After the first
four months of employment, the staff member shall accrue sick leave at the rate
of 10 working days per year for the balance of the first year of service.
(3) After the first
year of service, the staff member shall accrue sick leave day to day at the
rate of 15 working days per year of service.
(4) All continuous
service as a staff member in the NSW public service shall be taken into account
for the purpose of calculating sick leave due. Where the service in the NSW
public service is not continuous, previous periods of public service shall be
taken into account for the purpose of calculating sick leave due if the
previous sick leave records are available.
(5) Notwithstanding
the provisions of paragraph (4) of this subclause, sick leave accrued and not
taken in the service of a public sector employer may be accessed in terms of
the Public Sector Staff Mobility Policy.
(6) Sick leave
without pay shall count as service for the accrual of recreation leave and paid
sick leave. In all other respects sick
leave without pay shall be treated in the same manner as leave without pay.
(7) When determining
the amount of sick leave accrued, sick leave granted on less than full pay
shall be converted to its full pay equivalent.
(8) Paid sick leave
shall not be granted during a period of unpaid leave.
37. Delete clause 81
Sick Leave - Requirements for Medical Certificate, and insert in lieu thereof
the following:
81. Sick Leave -
Requirements for Evidence of Illness
(a) A staff member
absent from duty for more than 2 consecutive working days because of illness
must furnish evidence of illness to the Department Head in respect of the
absence.
(b) In addition to
the requirements under subclause 80(b), a staff member may absent themselves
for a total of 5 working days due to illness without the provision of evidence
of illness to the Department Head.
Staff members who absent themselves in excess of 5 working days in a calendar
year may be required to furnish evidence of illness to the Department Head for
each occasion absent for the balance of the calendar year.
(c) As a general
practice backdated medical certificates will not be accepted. However if a staff member provides evidence
of illness that only covers the latter part of the absence, they can be granted
sick leave for the whole period if the Department Head is satisfied that the
reason for the absence is genuine.
(d) If a staff
member is required to provide evidence of illness for an absence of 2
consecutive working days or less, the Department Head will advise them in
advance.
(e) If the
Department Head is concerned about the diagnosis described in the evidence of
illness produced by the staff member, after discussion with the staff member,
the evidence provided and the staff member's application for leave can be
referred to HealthQuest for advice.
(1) The type of
leave granted to the staff member will be determined by the Department Head
based on HealthQuest’s advice.
(2) If sick leave is
not granted, the Department Head will, as far as practicable, take into account
the wishes of the staff member when determining the type of leave granted.
(f) The granting of
paid sick leave shall be subject to the staff member providing evidence which
indicates the nature of illness or injury and the estimated duration of the
absence. If a staff member is concerned
about disclosing the nature of the illness to their manager they may elect to
have the application for sick leave dealt with confidentially by an alternate
manager or the human resources section of the Department.
(g) If a staff
member who is absent on recreation leave or extended leave, furnishes to the
Department Head a satisfactory medical certificate in respect of an illness
which occurred during the leave, the Department Head may, subject to the
provisions of this clause, grant sick leave to the staff member as follows:
(1) In respect of
recreation leave, the period set out in the medical certificate;
(2) In respect of
extended leave, the period set out in the medical certificate if such period is
5 working days or more.
(h) Subclause (g) of
this clause applies to all staff members other than those on leave prior to
resignation or termination of services, unless the resignation or termination
of services amounts to a retirement.
(i) The reference
in this clause to evidence of illness shall apply, as appropriate:
(1) up to one week may
be provided by a registered dentist, optometrist, chiropractor, osteopath,
physiotherapist, oral and maxillo facial surgeon or, at the Department Head's
discretion, another registered health services provider,
(2) where the
absence exceeds one week, and unless the health provider listed above is also a
registered medical practitioner, applications for any further sick leave must
be supported by evidence of illness from a registered medical practitioner, or
(3) at the
Department Head’s discretion, other forms of evidence that satisfy that a staff
member had a genuine illness.
38. In clause 82,
Sick Leave to Care for a Family Member, delete subclauses (a) and (b) and
insert in lieu thereof the following:
(a) The sick leave
shall initially be taken from the sick leave accumulated over the previous 3
years. In special circumstances, the
Department Head may grant additional sick leave from the sick leave accumulated
during the staff member’s eligible service.
(b) If required by
the Department Head to establish the illness of the person concerned, the staff
member must provide evidence consistent with subclause 81(f).
39. In clause 97,
Payment for Overtime or Leave in Lieu, delete paragraph (6) of subclause (b)
and insert in lieu thereof the following:
(6) Leave in lieu
accrued in respect of overtime worked on a public holiday shall be compensated
for and taken in the same manner as other leave in lieu accrued in respect of
overtime;
40. In Table 1 -
Allowances of Part B, Monetary Rates,
in the Clause No. column, for Item No. 2 delete 30(2)(a) four times and insert
in lieu 26(h)(2); delete 30(5) and insert in lieu 26(k). For Item No. 3, delete
31 and insert in lieu 26(h)(1).
41. In the said
Table 1, delete Item 6 and insert in lieu thereof the following:
|
6
|
|
Use of private motor vehicle
|
Cents per kilometre
|
|
|
38(c)
|
Official business
|
|
|
|
|
Engine capacity-
|
|
|
|
|
2601cc and over
|
70.0
|
|
|
|
1601cc-2600cc
|
69.0
|
|
|
|
1600cc or less
|
58.0
|
|
|
38(c)
|
Casual rate (40% of official business rate)
|
|
|
|
|
Engine capacity-
|
|
|
|
|
2601cc and over
|
28.0
|
|
|
|
1601cc-2600cc
|
27.6
|
|
|
|
1600cc or less
|
23.2
|
|
|
|
Motor cycle allowance (50% of the 1600cc or less
|
|
|
|
|
official business rate)
|
29.0
|
|
|
38(g)
|
Towing trailer or horse float (13% of the
|
|
|
|
|
2601cc and over official business rate)
|
9.1
|
42. The variation
shall take effect on and from 13 November 2008.
R.
P. BOLAND J , President
____________________
Printed by
the authority of the Industrial Registrar.