Crown Employees (Audit Office) Award 2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales, Industrial Organisation of employees
(Case No. 2018/72686)
Before Chief
Commissioner Kite
|
22 May 2018
|
AWARD
Arrangement
PART A
Clause No. Subject
Matter
1. Title
2. Definitions
3. Statement
of Intent
4. Parties
5. Basis of Employment
and Remuneration
6. No extra
claims
7. Annual
Remuneration Assessment - Audit Professionals Levels B and C, Corporate
Professionals Levels A and B, Corporate Administrative Levels 1 to 4
8. Performance
Management
9. Flexible
Work Practices
10. Overtime
11. Travel Time
and Expenses
12. Study
Support
13. Anti-Discrimination
14. Industrial
Dispute Settlement Procedure
15. Deduction
of Association Membership Fees
16. Secure
Employment
17. Area,
Incidence and Duration
PART B
Table 1 - Classification and Remuneration Bands
Table 2 - Audit Professional Level A
Pay Points
Annexure 1 - Progression in Audit Professional Level A, Levels 1 - 4 Financial Audit; Progression in Audit
Professional Level A, Levels 1 - 4 Performance Audit
Annexure 2 - Competency Zones, Competency Zone Guidelines
and Definitions
Annexure 3 - Audit Office Conditions of Employment
Part A
1. Title
This Award shall be known as Crown Employees’ (Audit Office)
Award 2018.
2. Definitions
"Accumulation" means the accrual of leave or time.
In respect of weekly study time accumulation means the aggregation of short
periods of weekly study time which is granted for private study purposes.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Auditor-General" refers to the person appointed
to the position of Auditor-General as specified by the Public Finance and Audit Act 1983.
"Audit Office" means The Audit Office of New South
Wales, a statutory authority established under the Public Finance and Audit Act 1983.
"Award" means this Award made in accordance with
the Industrial Relations Act 1996.
"Birth" means the birth of a child and includes
stillbirth.
"Business Unit Leader" means an employee whose
responsibility is to lead a Business Unit of the Audit Office as determined by
the Auditor-General.
"Casual Employee" means any employee engaged to
carry out work: that is irregular or intermittent, or to be undertaken on a
short-term basis in a part of the Audit Office with a flexible workload, or in
a position for a short period pending the completion of the selection process
for the position, or that is urgent work or to deal with an emergency.
"Classification" means a group of roles with
common remuneration arrangements.
"Commission" means the New South Wales Industrial
Relations Commission.
"Competency Zones" means the structure that will
apply within each remuneration band for Audit Professional employees, Corporate
Professional employees and Corporate Administration employees.
"Continuous Service" has the meaning given by the
Auditor-General’s Determination 1 dated 27 June 2013. Under this determination an employee’s
employment is continuous in relation to a period if an employee remains
employed for the whole period and the employee is taken to remain employed by
the employer for the whole of any period even if, during that period, the
employee ceases to be employed by the employer on the grounds of retrenchment
or reduction of work but is re-employed by the employer within the next 12
months.
"Contract hours" for the day for a full time
employee, means one fifth of the full time ordinary working hours. For a part
time employee, contract hours for the day means the hours usually worked on the
day.
"Corporate Professional" means
employees who are employed at Corporate Professional Levels A or B.
"Corporate Administrative" means
employees who are employed at Corporate Administrative Levels 1 to 4
"Daily rate" or "Rate per day" means the
rate payable for 24 hours, unless otherwise specified.
"Deputy Auditor-General" refers to the person
appointed to the position of Deputy Auditor-General as specified by the Public Finance and Audit Act 1983.
"Employee" means a person permanently or
temporarily employed either as a full time or part time employee, in any
capacity under the provisions of this Award, and includes a person on
probation.
"Expected date of birth" in relation to an
employee who is pregnant, means a date specified by her medical practitioner to
be the date on which the medical practitioner expects the employee to give
birth as a result of the pregnancy.
"Extended leave" means extended (long service) leave
to which an employee is entitled under the provisions of the Auditor-General’s
Determination 1 dated 27 June 2013.
"Full pay or half pay" means the employee’s
ordinary rate of pay or half the ordinary rate of pay respectively.
"Full-time employee" means an employee whose
contract hours are equivalent to the full-time contract hours for the
classification.
"Half day" means half the contract hours for the
day.
"Industrial action" means industrial action as
defined in the Industrial Relations Act
1996.
"Manager" means the person immediately responsible
for the area in which an employee is employed or any other employee authorised
by the Business Unit Leader to fulfil that role.
"Market Benchmarking" means the regular
independent process of reviewing remuneration levels for each classification
against market information from similar levels in the relevant market.
"Normal work" means, for the purposes of Part A,
clause 14, the work carried out in accordance with the employee’s position or
job description at the time the grievance or dispute was notified by the
employee.
"On duty" means the time required to be worked for
the Audit Office. For the purposes of Annexure 3, subclause 5.1, Trade Union
Activities Regarded as On Duty, on duty means the time off with pay given by
the Audit Office to the Association delegate to enable the Association delegate
to carry out legitimate Association activities during ordinary work hours
without being required to lodge an application for leave.
"On loan" means an arrangement between the Audit
Office and the Association where an employee is given leave of absence from the
workplace to take up employment with the employee’s Association for a specified
period of time during which the Association is required to reimburse the Audit
Office for the employee’s salary and associated on-costs.
"Ordinary hourly rate of pay" means the hourly
equivalent of the annual rate of pay of the classification calculated using the
formula set out in Annexure 3, subclause 2.1, Casual Employment.
"Overtime" is defined in Part A, subclause 10.3.
"Pay Points" means incremental remuneration levels
within the Audit Professional Level A remuneration bands.
"Part-time position" means a designated part-time
position and, unless otherwise specified, includes any position which is filled
on a part-time basis.
"Part-time employee" means an employee whose
contract hours are less than the full-time hours.
"Percentile" means a point within a remuneration
band expressed as a percentage of that band.
"Place of employment" means 1 Margaret Street,
Sydney or at other locations, either on a temporary or permanent basis, to
which the Audit Office’s premises is relocated from time to time.
"Place of work" means any destination required for
work purposes.
"Professional qualifications" means full
membership of Chartered Accountants Australia and New Zealand or CPA Australia
or, for Performance Audit employees, appropriate agreed equivalent
qualifications.
"Public holiday" means a day proclaimed under the Public Holidays Act 2010, as a bank or a
public holiday. This definition does not include a Saturday which is such a
holiday by virtue of section 4 of that Act, and 1 August or such other day that
is a bank holiday instead of 1 August.
"Recall to duty" means those occasions when an
employee is directed to return to duty outside the employee’s normal working
hours.
"Relief employee" means a person employed on a
temporary basis to provide relief in a position until the return from
authorised leave of the substantive occupant or in a vacant position until it
is filled substantively.
"Remuneration" means Total Remuneration Package
(TRP) which is expressed as the total of base pay, superannuation guarantee
contribution and annual leave loading.
"Remuneration Assessment" means the process for
determining remuneration levels for individual employees on a basis that fairly
reflects their performance and contribution.
"Remuneration Band" means the range of
remuneration between the minimum and maximum levels for a particular
classification.
"Residence", in relation to an employee, means
their ordinary and permanent place of abode.
"Role" means the title given to groups of
employees having similar responsibilities and accountabilities.
"Role Responsibilities" means the list of
responsibilities and accountabilities attributed to each role.
"Replacement role" means a role identified in Part
A, subclause 5.6, as a Corporate Administrative role
that, on the resignation or promotion of the employee filling that role at the
date of registration of this Award, is replaced by an equivalent role governed
by this Award.
"Seasonal employee" means a person employed on a
temporary basis for less than three months to meet seasonal demands which cannot
be met by employees already employed by the Audit Office and which, because of
their seasonal nature, do not justify employment of employees on a long-term
basis.
"Secondment" means an arrangement agreed to by the
Audit Office, the employee and another public service Department, a public
sector organisation or a private sector organisation which enables the employee
to work in such other organisation for an agreed period of time and under
conditions agreed to prior to the commencement of the period of secondment.
"Service" means continuous service for
remuneration purposes.
"Standby" means an instruction given by the
Business Unit Leader to an employee to be available for immediate contact in
case of an authorised call-out requiring the performance of duties.
"Study Time" means the time allowed off from
normal duties on full pay to an employee who is studying for a professional
qualification or for an approved post graduate qualification.
"Trade Union or Union" means a registered trade
union, as defined in the Industrial
Relations Act 1996.
"Trade Union Delegate" means an accredited
Association delegate responsible for his/her workplace; and/or a person who is
elected by the Association as its representative, an executive member or a
member of the Association's Council.
"Trade Union Official" means a person who is
employed by the Association to carry out duties of an official in a permanent
or temporary capacity, including elected full-time officials and/or employees
placed on loan to the Association for an agreed period of time.
"Undergraduate studies" means, as a minimum, a
standard accounting degree recognised by Chartered Accountants Australia and
New Zealand or CPA Australia, for acceptance into their student program for
progression towards a professional qualification as defined by this Award.
"Workplace" means the whole of the organisation
or, as the case may be, a branch or section of the organisation in which the
employee is employed.
"Workplace Management" means the Auditor-General
or any other person authorised by the Auditor-General to assume responsibility
for the conduct and effective, efficient and economical management of the
functions and activities of the organisation or part of the organisation.
3. Statement of Intent
The purpose of the Award is to provide a framework that
allows the Audit Office to meet its specific business needs as well as the
needs of its employees. It also enables those employees to be appropriately
rewarded for their contribution and provides flexibility in their employment
arrangements and conditions. The Award
was developed using a co-operative and consultative approach to negotiations by
the parties.
4. Parties
4.1 The parties to
this Award are:
4.1.1 The Audit Office
of New South Wales
4.1.2 Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales on behalf of the employees of The Audit Office of New South Wales.
5. Basis of Employment
and Remuneration
5.1 Basis of
Employment
5.1.1 The employment of
Audit Office employees is subject to Section 33B of the Public Finance and Audit Act 1983. Consequently they are appointed
at the discretion of the Auditor-General.
5.1.2 It is the
intention of the parties to this Award that the Audit Office’s recruitment
policy will indicate the steps to be taken to determine the availability of
skills, expertise or experience within the Audit Office prior to the initiation
of any external recruitment. Appointment to a position at the Audit Office will
involve a three month probationary period or such period as the Auditor-General
directs. The probationary period applies to all employees.
5.1.3 Subject to
Section 33B of the Public Finance and
Audit Act 1983, the Auditor-General will, wherever possible, follow the management
practices relating to termination and dismissal prescribed in legislation that
affects NSW employers.
5.1.4 A temporary
employee may be directly appointed to a permanent position if the employee has
filled that position for two years on a temporary basis and was initially
recruited under merit selection.
5.1.5 Resignation - two
weeks’ notice in writing is required unless the Audit Office agrees to a lesser
period of notice.
5.1.6 Termination of
employment- two weeks’ notice shall be given to an employee, or, in lieu of
notice, the Audit Office may grant payment in lieu.
5.2 Basis for
Calculating Remuneration
The basis for calculating remuneration for employees is
Total Remuneration Package ("TRP") which is the total of base pay,
including leave loading and compulsory superannuation guarantee contributions.
For employees in defined benefit superannuation funds
the superannuation guarantee contribution component will be deducted from the
TRP to determine salary, and the current employer superannuation contribution
requirements will continue to be made as required.
5.3 Broad
Remuneration Bands
The remuneration band for each role as set out in Part
B, Tables 1 and 2, is informed by relevant market factors (e.g. position at the
25th percentile of the Finance and Accounting Market or General Market) and
organisational factors (such as relativities, role criticality and historical
assessments).
5.4 Variations to
Remuneration Bands
Variations to the Remuneration Bands are effective from
the beginning of the first full pay period to commence on or after 1 July 2018
for a 2.5% increase.
5.5 Appointment and
Progression
5.5.1 Auditors and
Analysts will be placed at the relevant pay point in the relevant remuneration
band in accordance with Annexure 1. Other employees may be appointed at any TRP
within the relevant remuneration bands depending on their performance,
experience, skills and qualifications.
When commencing a role at the Audit Office an employee
will be placed within the relevant remuneration band for their role based on
their previous experience, qualifications and performance as demonstrated
during the recruitment process.
5.5.2 Progress within
Audit Professional Level A is prescribed in Annexure 1.
5.6 Corporate Administrative
Employees
5.6.1 Corporate
Administrative employees are those, who at the time this Award is registered
are employed, classified and graded for remuneration purposes in accordance
with the Crown Employees (Administrative and Clerical Officers - Salaries)
Award 2007.
5.6.2 Corporate
Administrative employees will continue to be employed under the conditions set
out in Part A, paragraph 5.6.1 until Part A, paragraph
5.6.3 occurs.
5.6.3 As each role
classified and graded for remuneration purposes in accordance with the Crown
Employees (Administrative and Clerical Officers - Salaries) Award 2007 at the
commencement of this Award falls vacant due to resignation or promotion, that
role will be replaced with an equivalent role under this Award. This equivalent
role is defined as a "replacement role".
5.6.4 Remuneration
bands for the replacement roles are set out in Part B, Table 1.
6. No Extra Claims
Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public
Sector Conditions of Employment) Regulation 2014, there shall be no further
claims/demands or proceedings instituted before the NSW Industrial Relations
Commission for extra or reduced wages, salaries, rates of pay, allowances or
conditions of employment with respect to the Employees covered by the Award
that take effect prior to 30 June 2019 by a party to this Award.
7. Annual Remuneration
Assessment
The annual remuneration assessment for Audit Professionals
Levels B and C, Corporate Professionals Levels A and B, Corporate
Administrative Levels 1 to 4 is set out below.
7.1 General
7.1.1 Remuneration for
these employees will be determined annually based on assessed contribution in
accordance with the competency zones set out in Annexure 2.
7.1.2 Determinations
resulting from the annual remuneration assessment will have the same effective
date as the annual changes to the remuneration bands, i.e. effective first full
pay period to commence in July each year. Remuneration determinations will be
expressed in terms of a percentile of the relevant remuneration band and will
be applied to the adjusted dollar range of the remuneration bands.
7.1.3 The remuneration
of employees in these roles will at least be maintained at the same level at
each annual remuneration assessment except where an employee’s performance has
been assessed as "unsatisfactory" and a formal process for managing
unsatisfactory performance results in a recommendation to reduce remuneration.
7.1.4 Other than the
exceptions described in Part A, paragraph 7.1.3, if an employee is assessed at
a percentile lower than their current level and that would result in a
reduction in remuneration, they will continue to be paid at the same dollar
level until such time as the remuneration for their assessed percentile exceeds
their remuneration in dollars through movement of the remuneration bands or the
annual remuneration assessment process.
7.1.5 During an Annual
Remuneration Assessment, remuneration will be reviewed, but will not
necessarily be increased as a result of such review.
7.1.6 The remuneration
assessment process will be conducted within business guidelines issued by the
Audit Office from time to time.
7.2 Review of
Assessment
If an employee has any concern with the outcome of
their remuneration assessment, they may, in the first instance, discuss their
concerns with their Manager. If that discussion does not resolve their
concerns, they may then seek advice from the Executive Manager, Human Resources
or a more senior member of the Audit Office executive. If, following those
discussions, their concerns are not satisfied, they may initiate a formal
process of review by written request to the Executive Manager, Human Resources.
The formal process will include review by a panel. Where requested by a PSA
member, an Association representative may be included on the panel. The panel
will make recommendations for consideration by the Auditor-General.
8. Performance
Management
The Performance Review and Development process is integral
to and supports the annual remuneration assessment process. Full details of the
Audit Office Performance Review and Development process are set out in a number
of documents which are maintained and reviewed regularly by the Audit Office
for appropriateness and ability to deliver organisation objectives. All process
documents are freely available to employees on the Audit Office intranet.
9. Flexible Work
Practices
All flexible work practices will be subject to approval, as set
out in the relevant Audit Office policies and delegations manuals.
The parties to this Award are committed to fostering
flexible work practices with the intention of providing greater flexibility in
dealing with workloads, work deadlines and the balance between work and family
life. Employees and their managers must develop a strategy to ensure
accumulated flex leave is monitored and forfeiture minimised.
9.1 Flexible Working
Hours
9.1.1 The ordinary hours of
work for full time employees are 35 hours per week ("Ordinary Working
Hours"), Monday to Friday, worked flexibly to meet business needs. Exceptions to this standard arrangement must be
mutually agreed, in writing between an employee and their manager.
9.1.2 Employees may be
required to perform reasonable additional hours of work necessary, by mutual
agreement, to meet the operational requirements of the Audit Office.
9.1.3 Employees must
work a minimum of 3.5 consecutive hours (excluding meal breaks) by mutual
agreement between the employee and their manager.
9.1.4 Attendance at
work outside Ordinary Working Hours is subject to the needs of the Audit
Office, approval by the employee’s manager and the availability of work.
9.1.5 Flex Leave - all
hours worked in excess of the employee’s Ordinary Working Hours and not
overtime can be accrued to be taken as flex-time. Accrued flex-time can be
taken subject to approval by the employee’s manager and in line with the needs
of the business. The manager should consider the management of an employee’s flex
leave balance when considering approval.
9.1.6 Carry Over -
accrued but untaken flex time will be forfeited on 31 December each year save
for a maximum of 35 hours (pro-rata for part-time employees) carrying over to 1
January the following year.
9.1.7 At each month
end, an employee must not have a flex-time balance below negative 10 hours.
Where this occurs, the hours in excess must be converted to another type of
leave, such as Recreation Leave or Leave Without Pay.
9.1.8 Accrued flex-time
is not payable upon cessation of employment.
9.1.9 Meal breaks -
there will be a minimum meal break of 30 minutes in every 5 hour period of
continuous work. There is no maximum period for a meal break. Employees should
consult with their manager in the taking of meal breaks where required.
9.2 Other Flexible
Work Practices
Flexible work practices available to employees, subject
to approval are:
9.2.1 Working weekends
and public holidays at the employee’s request will be compensated with time off
during the week on an hour for hour basis (not at overtime rates).
9.2.2 Compressed
working week or working fortnight arrangements. Such arrangements would include
35 hours in 4 days (average 8.75 hours per day) or 70 hours in 9 days (average
7.77 hours per day).
9.2.3 Term Working for specific periods during the year (not restricted
to school terms). Remuneration will be averaged (annualised over the full
period) so that the employee is paid the same amount every fortnight throughout
the year.
9.2.4 Deferred
Remuneration. For instance, an employee who works for 4 years and takes the 5th
year off will receive the deferred portion of their first 4 years annual
remuneration in the 5th year.
9.2.5 Working from home
on a temporary or ad hoc basis for a maximum of 12 days per annum. Permanent or
longer term working from home arrangements will be subject to the Business Unit
Leader’s approval and meeting work health & safety requirements.
9.2.6 Job share and
part time work.
9.2.7 Leave without
pay. Such requests will be considered on a case-by-case basis.
9.2.8 Career Break
Scheme for up to 2 years maximum.
10. Overtime
10.1 Employees may be
directed to work overtime, but this must be pre-approved as delegated by the
Auditor-General.
10.2 An employee may be
directed by the Audit Office to work overtime, provided it is reasonable for
the employee to be required to do so. An employee may refuse to work overtime
in circumstances where to do so would result in the employee working
unreasonable hours. In determining what
is unreasonable, the following factors shall be taken into account:
10.2.1 The employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements
10.2.2 Any risk to an
employee’s health and safety
10.2.3 The urgency of the
work required to be performed during overtime, the impact on the operational
commitments of the Audit Office and the effect on client services
10.2.4 The notice (if
any) given by the Audit Office regarding the working of the overtime, and by
the employee of their intention to refuse overtime or
10.2.5 Any other relevant
matter.
10.3 Overtime will
apply when employees are directed to work:
10.3.1 More than 8 hours
on a working day, or
10.3.2 Before 7.30am or
beyond 7pm on a working day, or
10.3.3 On
a weekend or public holiday.
10.4 All overtime will
be credited as time in lieu as follows:
10.4.1 In the case of
Audit Professional Levels A and B, Corporate Professional Level A, and
Corporate Administrative Levels 1 to 4, in accordance with the rate set out in
10.8 and the overtime conditions set out from time to time in Annexure 3.
10.4.2 For
employees above those levels, at the rate of time and one half.
10.5 Time in lieu of
overtime must be taken within 3 months of accrual as a general rule. Any
request to extend the time limit must be made prior to the three month period
expiring.
10.6 Cash payment for
overtime credited as time in lieu may be made at the discretion of the Audit
Office where circumstances warrant. Business Unit Leader approval is required.
10.7 Payment for
overtime credited as time in lieu will be calculated as remuneration less the
9.5% superannuation component. At all remuneration levels the rate for
calculating payments will be capped at the 45th percentile of the remuneration
band for the Audit Professional Level B classification less the 9.5%
superannuation component.
10.8 Rates - Overtime
shall be paid at the following rates:
10.8.1 Weekdays (Monday
to Friday inclusive) - at the rate of time and one-half for the first two hours
and at the rate of double time thereafter for all directed overtime worked
outside the hours specified in subclause 10.3.
10.8.2 Saturday - all overtime
worked on a Saturday at the rate of time and one-half for the first two hours
and at the rate of double time thereafter
10.8.3 Sundays - all
overtime worked on a Sunday at the rate of double time
10.8.4 Public Holidays -
all overtime worked on a public holiday at the rate of double time and one
half.
10.9 An employee who
works overtime on a Saturday, Sunday or public holiday shall be paid a minimum
payment as for three (3) hours work at the appropriate rate.
10.10 Rest Periods
10.10.1 An
employee who works overtime shall be entitled to be absent until eight (8)
consecutive hours have elapsed.
10.10.2 Where
an employee, at the direction of the manager, resumes or continues work without
having had eight (8) consecutive hours off duty then such employee shall be
paid at the appropriate overtime rate until released from duty. The employee
shall then be entitled to eight (8) consecutive hours off duty and shall be
paid for the ordinary working time occurring during the absence.
11. Travel Time and
Expenses
11.1 Excess Travel
Time
Time spent travelling to and from home and ‘place of
work’ above the time it would normally take to travel to and from home and
‘place of employment’, in a 5 day working week exceeding 2.5 hours (pro-rata
for part-time employees), will be deemed to be excess travel and may be treated
as working hours. When travel is required on a weekend or public holiday, time
spent in transit will be classed as flexible working hours.
11.2 Travel Expenses
The Audit Office will reimburse employees for expenses
incurred in travel to and from "place of work" to the extent that
those expenses exceed their usual cost of travel by public transport between
home and their "place of employment".
11.3 Country Travel
Country Travel, where overnight accommodation is
approved, shall be paid in accordance with the rates as set out from time to
time in Annexure 3.
12. Study Support
12.1 The Audit Office
is committed to providing study support for employees undertaking tertiary courses,
postgraduate degrees and professional qualifications relevant to its business.
12.2 The granting of
all study support is discretionary.
12.3 The Audit Office
is also committed to providing specific study support programs for school
leavers to complete an initial degree in accounting and those entering at
graduate level to complete professional qualifications with Chartered
Accountants Australia and New Zealand or CPA Australia.
12.4 Details of
support offered are set out in a number of Audit Office policy documents
available on the Audit Office intranet.
13.
Anti-Discrimination
13.1 It is the
intention of the parties bound by this Award to achieve the objectives set out
in Section 3(f) of the Industrial
Relations Act 1996 to prevent and eliminate discrimination in the
workplace. This includes discrimination on the grounds of race, sex, marital or
domestic status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
13.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
prescribed in 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
this Award that, by its terms or operation, has a direct or indirect
discriminatory effect.
13.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
13.4 Nothing in this
clause is to be taken to affect:
13.4.1 Any conduct or act
which is specifically exempted from anti-discrimination legislation
13.4.2 Offering or
providing junior rates of remuneration to persons under
21 years of age
13.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977
13.4.4 A party to this
Award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
13.5 This clause does not
create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
13.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
14. Industrial Dispute
Settlement Procedure
14.1 All grievances
and disputes relating to the provisions of this Award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority, if required.
14.2 An employee is
required to notify their immediate manager in writing, as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter,
and if possible, state the remedy sought.
14.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes
it impractical for the employee to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, directly to the Auditor-General or delegate.
14.4 The immediate
manager, or the person notified, shall convene a meeting in order to resolve
the grievance, dispute or difficulty as soon as practicable, of the matter
being brought to attention.
14.5 If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management to resolve the
matter. This manager shall respond as
soon as practicable. This sequence of
reference to successive levels of management may be pursued by the employee
until the matter is referred to the Auditor-General.
14.6 If the matter
remains unresolved, the Auditor-General shall provide a written response to the
employee and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
14.7 An employee, at
any stage, may request representation by their Association.
14.8 The employee or
the Association on their behalf or the Auditor-General may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
14.9 The employee, the
Association and the Audit Office shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
14.10 Whilst the
procedures outlined in subclauses 14.1 to 14.10 of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties. In a
case involving work health and safety, if practicable, normal work shall
proceed in a manner which avoids any risk to the health and safety of any
employee or member of the public.
15. Deduction of
Association Membership Fees
15.1 The Association
shall provide the Audit Office with a schedule setting out Association fortnightly
membership fees payable by members of the Association in accordance with the
Association's rules.
15.2 The Association
shall advise the Audit Office of any change to the amount of fortnightly
membership fees made under its rules. Any variation to the schedule of
Association fortnightly membership fees payable shall be provided to the
employer at least one month in advance of the variation taking effect.
15.3 Subject to
subclauses 15.1 and 15.2 above, the Audit Office shall deduct Association fortnightly
membership fees from the remuneration of any employee who is a member of the
Association in accordance with the Association's rules, provided that the
employee has authorised the Audit Office to make such deductions.
15.4 Monies so
deducted from employee's remuneration shall be forwarded regularly to the
Association together with all necessary information to enable the Association
to reconcile and credit subscriptions to employees' Association membership
accounts.
15.5 Unless other
arrangements are agreed to by the Audit Office and the Association, all
Association membership fees shall be deducted on a fortnightly basis.
15.6 Where an employee
has already authorised the deduction of Association membership fees from his or
her remuneration prior to this clause taking effect, nothing in this clause
shall be read as requiring the employee to make a fresh authorisation for such
deductions to continue.
16. Secure Employment
16.1 Objective of this
Clause
The objective of this clause is for the Audit Office to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the Audit Office workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
16.2 Casual Conversion
16.2.1 A casual employee
engaged by the Audit Office on a regular and systematic basis for a sequence of
periods of employment under this Award during a calendar period of six months
shall thereafter have the right to elect to have his or her ongoing contract of
employment converted to permanent full-time employment or part-time employment
if the employment is to continue beyond the conversion process prescribed by
this subclause.
16.2.2 The Audit Office
shall give the employee notice in writing of the provisions of this subclause
within four weeks of the employee having attained such period of six months.
However, the employee retains his or her right of election under this subclause
if the employer fails to comply with this notice requirement.
16.2.3 Any casual
employee who has a right to elect under paragraph 16.2.1, upon receiving notice
under paragraph 16.2.2 or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the Audit Office that he or she seeks
to elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the Audit Office shall consent to or refuse the election, but shall
not unreasonably so refuse. Where the Audit Office refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
employee concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
16.2.4 Any casual
employee who does not, within four weeks of receiving written notice from the
Audit Office, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
16.2.5 Once a casual employee
has elected to become and been converted to a full-time employee or a part-time
employee, the employee may only revert to casual employment by written
agreement with the Audit Office.
16.2.6 If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph 16.2.3, the
Audit Office and employee shall, in accordance with this subclause, and subject
to paragraph 16.2.3, discuss and agree upon:
16.2.6.1 whether the employee will convert to full-time or part-time
employment, and
16.2.6.2 if it is
agreed that the employee will become a part-time employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this Award pursuant to a part time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW).
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
Audit Office and the employee.
16.2.7 Following an
agreement being reached pursuant to paragraph 16.2.6, the employee shall
convert to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
16.2.8 An employee must
not be engaged and re-engaged, dismissed or replaced to avoid any obligation
under this subclause.
16.3 Work Health and
Safety
16.3.1 For the purposes
of this subclause, the following definitions shall apply:
16.3.1.1 A
"labour hire business" is a 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 staff employed or engaged
by it to another employer for the purpose of such staff performing work or
services for that other employer.
16.3.1.2 A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
16.3.2 Where the Audit
Office engages a labour hire business and/or a contract business to perform
work wholly or partially on its premises it shall do the following (either
directly, or through the agency of the labour hire or contract business):
16.3.2.1 consult with employees of the labour hire business and/or
contract business regarding the workplace work health and safety consultative
arrangements
16.3.2.2 provide employees of the labour hire business and/or
contract business with appropriate work health and safety induction training
including the appropriate training required for such employees to perform their
jobs safely
16.3.2.3 provide employees
of the labour hire business and/or contract business with appropriate personal
protective equipment and/or clothing and all safe work method statements that
they would otherwise supply to Audit Office employees, and
16.3.2.4 ensure employees of the labour hire business and/or contract
business are made aware of any risks identified in the workplace and the
procedures to control those risks.
16.3.3 Nothing in this
subclause 16.3 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers
Compensation Act 1998.
16.4 Disputes
Regarding the Application of this clause
Where a dispute arises as to the application or implementation
of this clause, the matter shall be dealt with pursuant to the Grievance and
Dispute Settling Procedures set out in Part A, clause
14 of this Award.
16.5 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship
and Traineeship Act 2001 (or equivalent interstate legislation) and are
deemed by the relevant State Training Authority to comply with the national
standards for Group Training Organisations established by the Australian
National Training Authority Ministerial Council.
17. Area, Incidence
and Duration
17.1 The purpose of
this Award is to partially regulate the terms and conditions of employment of
employees appointed to positions covered by the classifications in Part B,
Table 1.
17.2 Other terms and
conditions, except as provided for within this Award, shall be those set out in
Annexure 3, Audit Office Conditions of Employment.
17.3 The terms and
conditions provided for within this Award take precedence over Audit Office
published policies.
17.4 If, during the
currency of this Award, the Crown Employees’ (Public Service Conditions of
Employment) Reviewed Award 2009, is amended or varied, a meeting of the Audit
Office Award Negotiation Committee will take place to review, discuss and make
recommendations to the Auditor-General and the Public Service Association and
Professional Officers’ Association Amalgamated Union of New South Wales, about
whether those amendments and variations should be adopted as an amendment or
variation to Annexure 3. The meeting, its composition, negotiations and
decision making process, will be governed by its Charter dated January 2016 or
subsequent versions of that Charter amended with the approval of the Award Negotiation
Committee.
17.5 This Award
rescinds and replaces the Crown Employees (Audit Office) Award 2017 published
18 August 2017 (381 I.G. 351). It shall
commence on 1 July 2018 and has a nominal expiry date of 30 June 2019.
PART B
Table 1 - Classifications and Remuneration Bands
Classifications
|
1 July 2018 to 30
June 2019
|
|
$
|
$
|
Audit Professional
|
|
|
Level A
|
40,202
|
103,160
|
Audit Professional
|
|
|
Level B
|
97,092
|
144,692
|
Audit Professional
|
|
|
Level C
|
136,537
|
191,788
|
Corporate Professional
|
|
|
Level A
|
97,566
|
136,757
|
Corporate Professional
|
|
|
Level B
|
117,381
|
181,825
|
Corporate Administrative
|
|
|
Level 1
|
45,218
|
56,685
|
Corporate Administrative
|
|
|
Level 2
|
54,262
|
68,401
|
Corporate Administrative
|
|
|
Level 3
|
65,344
|
83,559
|
Corporate Administrative
|
|
|
Level 4
|
79,738
|
101,011
|
Table 2 - Audit Professional Level A
Pay Points
1 July 2018 to 30
June 2019
|
|
Pay Point 1
|
Pay Point 2
|
Pay Point 3
|
Pay Point 4
|
Pay Point 5
|
|
$
|
$
|
$
|
$
|
$
|
Level 1
|
40,202
|
43,386
|
48,546
|
56,132
|
-
|
Level 2
|
62,199
|
67,507
|
-
|
-
|
-
|
Level 3
|
72,818
|
78,886
|
84,955
|
-
|
-
|
Level 4
|
87,989
|
92,540
|
97,092
|
100,123
|
103,160
|
Auditors who are full members of CAANZ or CPAA are
entitled to additional remuneration of $1,000 per annum. Analysts are entitled
to additional remuneration of $1000 per annum for their first post graduate
qualification. Annexure 1
Annexure 1
Progression Within Audit
Professional Level A
Pay
|
Level
1 (A1)
|
Level
2 (A2)
|
Level
3 (A3)
|
Level
4 (A4)
|
Point
|
|
|
|
|
P1
|
School leavers
|
Graduates commence
|
To move to A3 pay
|
To move to A4 pay
|
|
commence
|
|
point 1 an Employee
|
point 1 an Employee
|
|
|
School leaver - to move
|
must have met the
|
must have met the
|
|
|
to A2 pay point 1 an
|
required Performance,
|
required Performance,
|
|
|
Employee must have
|
Development and
|
Development and
|
|
|
met the required
|
People & Culture
|
People & Culture
|
|
|
Performance,
|
objectives in their
|
objectives in their
|
|
|
Development and
|
Performance
|
Performance
|
|
|
People & Culture
|
Agreement and
|
Agreement and
|
|
|
objectives in their
|
(for Auditors only)
|
(for Auditors only)
|
|
|
Performance
|
Graduate - successfully
|
Graduate - successfully
|
|
|
Agreement and
|
completed at least one
|
completed at least
|
|
|
(for Auditors only)
|
CA/CPA subject.
|
three
CA/CPA subjects.
|
|
|
successfully completed
|
School leaver -
|
School leaver -
|
|
|
at least eight university
|
successfully completed
|
successfully completed
|
|
|
subjects.
|
at least 16 university
|
their university
|
|
|
|
subjects.
|
qualification.
|
P2
|
To move to A1 pay
|
To move to A2 pay
|
To move to A3 pay
|
To move to A4 pay
|
|
point 2 an Employee
|
point 2 an Employee
|
point 2 an Employee
|
point 2 an Employee
|
|
must have met the
|
must have met the
|
must have met the
|
must have met the
|
|
required Performance,
|
required Performance,
|
required Performance,
|
required Performance,
|
|
Development and
|
Development and
|
Development and
|
Development and
|
|
People & Culture
|
People & Culture
|
People & Culture
|
People & Culture
|
|
objectives in their
|
objectives in their
|
objectives in their
|
objectives in their
|
|
Performance
|
Performance
|
Performance
|
Performance
|
|
Agreement and
|
Agreement and
|
Agreement
|
Agreement and
|
|
(for Auditors only)
|
(for Auditors only)
|
and (for Auditors only)
|
(for Auditors only)
|
|
successfully completed
|
Graduate - enrolled into
|
Graduate - successfully
|
Graduate - successfully
|
|
four university
|
CAANZ/CPAA.
|
completed at least two
|
completed at least four
|
|
subjects.
|
School leaver -
|
CA/CPA subjects.
|
CA/CPA subjects.
|
|
|
successfully completed
|
School leaver -
|
School leaver -
|
|
|
at least 12 university
|
successfully completed
|
successfully completed
|
|
|
subjects.
|
at least 20 university
|
at least two CA/CPA
|
|
|
|
subjects.
|
subjects.
|
P3
|
N/A
|
N/A
|
To move to A3 pay
|
To move to A4 pay
|
|
|
|
point 3 an Employee
|
point 3 an Employee
|
|
|
|
must have met the
|
must have met the
|
|
|
|
required Performance,
|
required Performance,
|
|
|
|
Development and
|
Development and
|
|
|
|
People & Culture
|
People & Culture
|
|
|
|
objectives in their
|
objectives in their
|
|
|
|
Performance
|
Performance
|
|
|
|
Agreement
|
Agreement and
|
|
|
|
and (for Auditors only)
|
(for Auditors only)
|
|
|
|
Graduate - successfully
|
Graduate - successfully
|
|
|
|
completed at least two
|
been admitted to
|
|
|
|
CA/CPA subjects.
|
CAANZ/CPAA .
|
|
|
|
School leaver -
|
School leaver -
|
|
|
|
successfully completed
|
successfully completed
|
|
|
|
at
least 20 subjects.
|
at least four CA/CPA
|
|
|
|
|
subjects.
|
P4
|
N/A
|
N/A
|
N/A
|
To move to A4 pay
|
|
|
|
|
point 4 an Employee
|
|
|
|
|
must have met the
|
|
|
|
|
required Performance,
|
|
|
|
|
Development and
|
|
|
|
|
People & Culture
|
|
|
|
|
objectives in their
|
|
|
|
|
Performance
|
|
|
|
|
Agreement and met
|
|
|
|
|
the focus capabilities
|
|
|
|
|
for Senior
|
|
|
|
|
Auditor/Analyst
|
|
|
|
|
and (for Auditors only)
|
|
|
|
|
School leaver -
|
|
|
|
|
successfully been
|
|
|
|
|
admitted to
|
|
|
|
|
CAANZ/CPAA
|
P5
|
N/A
|
N/A
|
N/A
|
To move to A4 pay
|
|
|
|
|
point 5 an Employee
|
|
|
|
|
must have met the
|
|
|
|
|
required Performance,
|
|
|
|
|
Development and
|
|
|
|
|
People & Culture
|
|
|
|
|
objectives in their
|
|
|
|
|
Performance
|
|
|
|
|
Agreement and met all
|
|
|
|
|
of the capabilities for
|
|
|
|
|
Senior Auditor/Analyst.
|
Annexure 2
Remuneration Competency Zones, Competency Zone Guidelines and
Definitions for Remuneration Levels
Remuneration Competency Zones
Title
|
Zone
|
% of Range
|
Expert/Role Model
|
Zone 5
|
86-100
|
Superior Role Performance
|
Zone 4
|
66-85
|
Competent Role Performance
|
Zone 3
|
26-65
|
Developing Skills
|
Zone 2
|
11-25
|
Entry Level
|
Zone 1
|
0-10
|
Competency zones are expressed in percentiles of the
remuneration band.
Remuneration Competency Zone Definitions
Zone
|
Title
|
Description
|
5
|
Expert/Role
Model
|
Highly capable, consistently outstanding
performance, Highly experienced.
|
|
|
Acts independently. Role model and advisor to peers,
exceptional leadership
|
|
|
qualities
displayed. Highly promotable - working beyond position building
|
|
|
requirements.
Plays a leadership role in enhancing and commitment to the
|
|
|
Audit Office values and
culture internally and externally.
|
4
|
Superior
Role
|
Capable in all respects. Required additional training and
qualifications
|
|
Performance
|
completed.
Highly developed skills and experience, critical to the business.
|
|
|
Consistently superior
performance. Meets unusual challenges and demands.
|
|
|
Acts independently. May be
ready for promotion. Role model and advisor to
|
|
|
peers.
Provides technical and other advice to less experienced peers.
|
|
|
Proactive contribution to the
development of Audit Office values internally
|
|
|
and
externally.
|
3
|
Competent
Role
|
Required competencies possessed
and demonstrated. Fully qualified and
|
|
Performance
|
capable
of undertaking the role. Has experience in role. Capable of
|
|
|
independently
performing role responsibilities. Consistently meets
|
|
|
performance
requirements. Well developed technical skills. Role
model and
|
|
|
advisor
to peers. Consistent supporter of the Audit Office values internally
|
|
|
and
externally.
|
2
|
Developing
Skills
|
Key competencies developed
and demonstrated but noticeable gaps in
|
|
|
competencies.
Performance and experience adequate but capable of
|
|
|
improvement
i.e. there are noticeable performance limitations. Not yet
|
|
|
independently
performing role responsibilities. Capacity exists for
|
|
|
improvement
to better support Audit Office values.
|
1
|
Entry
Level
|
Recent appointee. Learning to
perform role responsibilities - inexperienced
|
|
|
or
unproven. Meets qualification requirements only. Promotion not an option.
|
|
|
Independently performing role
responsibilities. Personal behaviour and
|
|
|
communications
not yet consistent with Audit Office values.
|
Remuneration Competency Zone Guidelines
Performance is about how an employee actually fulfils
expectations for the role over the year, and relates less to expectations of
their ability to deliver.
Indicators are:
1. Consistency -
is the level of performance consistent across the role responsibilities, or are
there gaps or variations in the level of performance?
2. Sustained
performance - Is the level of performance consistent over time (this is a
longer term view of performance)?
3. Achievement of
all aspects of the role responsibilities - how do they deliver against all of the defined role attributes, and are they actively
seeking to improve in areas where delivery is not meeting expectations?
4. What
differentiates one employee from another, such as their drive, desire and
success in delivering outcomes; this needs to take account of variations in
ability to deliver, which may be experience or development related.
Capability is essentially the "ability to
do". It is an assessment of how well the employee can handle the needs of
the job.
In determining levels of capability, the following are
considered:
1. The depth and
breadth of capability required to keep the job on track (time and budget) and
delivering quality outcomes.
2. What the
employee is doing to maintain or improve themselves.
3. The skills and
behaviours of the employee as they relate to the job itself.
4. The level of
capability that the employee has developed and attempts to bring to the role,
irrespective of whether the role itself presents opportunities to use the full
range of skills and behaviours
Experience isn’t simply the length of time someone has been
doing a job. This can be a factor in determining whether an employee has had
broad enough exposure to a range of responsibilities and activities, but it’s
more the extent the employee has experienced and dealt-with the complexities of
this position. It’s important to consider:
1. The range of
jobs; size, complexity, and scope of projects and audits; project management of
multiple or complex audits; breadth and depth of jobs managed; range of
industry experience and specialised industry knowledge.
2. Achievement of
role responsibilities and reaching expected outcomes, anticipating and managing
risks, conflicts, competing demands, impediments, and changes.
3. Demonstrating
the competencies of the role for their level of expertise, or even showing
levels of proficiency beyond the role.
4. Experience-seeking
- do they proactively seek activities or projects that will help them broaden
their experience?
Promotability encompasses
indicators of the employee’s ability to step up to the next level of challenge,
in both attitude and capability. The extent to which they can demonstrate their
ability to "step up" to the next level may depend on the
opportunities given to them by their manager, so it’s important to think about
delegation and development in advance.
In determining promotability, the
following are considered:
1. The employee’s
capability and willingness to take on more responsibility than they currently
have - do they welcome challenges? Can they adapt to changing situations? Are
they prepared to make decisions?
2. The extent to
which the employee is a self starter who consistently
seeks greater challenges.
3. The extent to
which the employee pursues learning and development activities - are they constantly
trying new processes and tools, and taking ownership of their own development?
4. Are they
accountable for their own ideas and activities, and confident in their own
decision-making?
5. The extent to
which the employee challenges ways of doing things and develops new approaches
Ability to work independently relates closely to an
employee’s ability to learn and grow, and to take responsibility for his or her
own deliverables. It’s essential that managers can trust employees, and not
have to check or guide them through the same issues time and again.
In determining the employee’s level of independence, the
following will be considered:
1. The level at
which an employee needs to be monitored, guided, and directed - this has to be
weighed against their desire to learn and grow, and needs to reflect whether
the guidance is regularly covering the same ground, and the level of respect
shown for the Manager’s priorities.
2. The extent to
which the manager and employee agree tasks and deadlines up front, and whether
the employee subsequently meets or manages in a way that keeps the manager
well-informed.
3. The extent to
which the employee learns new skills or learns from experience.
Role model and advisor to peers goes beyond aspects of
technical excellence; it encompasses all key aspects of the role, and reflects
more on the employee’s maturity and engagement, to the extent their attitude
and abilities set examples for others.
In determining to what extent an employee acts as a
role model, the following will be considered:
1. The influence
the employee has over peers - for expertise, situational knowledge,
approachability, mentorship (formal or informal), attitude, etc.
2. The extent to which
peers seek and value specific advice or more general coaching.
3. The extent of
the employee’s external profile, if working in a capacity where this is
required.
4. The employee’s
profile within the Office.
5. What would
clients say about this employee’s level of professionalism, service, and work ethic.
Annexure 3
Audit Office Conditions of
Employment
PART 1
1 FRAMEWORK
1.1 Work Environment
1.2 Work Health and Safety
1.3 Equality in employment
1.4 Harassment-free Workplace
2 ATTENDANCE/HOURS
OF WORK
2.1 Casual Employment
2.2 Part-Time Employment
2.3 Natural Emergencies and Major Transport Disruptions
2.4 Public Holidays
2.5 Lactation Breaks
3 TRAVEL
ARRANGEMENTS
3.1 Travelling Compensation
3.2 Meal and Incidental Expenses
3.3 Travelling Distance
4 ALLOWANCES
AND OTHER MATTERS
4.1 Allowance Payable for Use of Private Motor Vehicle
4.2 Damage to Private Motor Vehicle Used for Work
4.3 Overseas Travel
4.4 Compensation for Damage to or Loss of Employees’ Personal
Property
4.5 First Aid Allowance
5 UNION
CONSULTATION, ACCESS AND ACTIVITIES
5.1 Trade Union Activities Regarded as On Duty
5.2 Trade Union Activities Regarded as Special Leave
5.3 Trade Union Training Courses
5.4 Conditions Applying to On Loan Arrangements
5.5 Period of Notice for Trade Union Activities
5.6 Access to Facilities by Trade Union Delegates
5.7 Responsibilities of the Trade Union Delegate
5.8 Responsibilities of the Trade Union
5.9 Responsibilities of Workplace Management
5.10 Right of Entry Provisions
5.11 Travelling and Other Costs of Trade Union Delegates
5.12 Industrial Action
5.13 Consultation and Technological Change
6 LEAVE
6.1 Leave - General Provisions
6.2 Absence from Work
6.3 Applying for Leave
6.4 Extended Leave
6.5 Personal Leave
6.6 Personal Leave - Requirements for Evidence
6.7 Leave Without Pay
6.8 Military Leave
6.9 Observance of Essential Religious or Cultural Obligations
6.10 Parental Leave
6.11 Purchased Leave
6.12 Recreation Leave
6.13 Special Leave
7 TRAINING
AND PROFESSIONAL DEVELOPMENT
7.1 Staff Development and Training Activities
8 OVERTIME
8.1 Recall to Duty
8.2 On-Call (Stand-By) and On-Call Allowance
8.3 Overtime Meal Breaks
8.4 Overtime Meal Allowances
8.5 Provision of Transport in Conjunction with Working of Overtime
9 - MISCELLANEOUS
9.1 Existing Entitlements
PART 2
MONETARY RATES
Table 1 - Allowances
Part 1
1. Framework
1.1 Work Environment
1.2 Work Health and
Safety
The parties to this Award are committed to achieving
and maintaining accident-free and healthy workplaces in the Audit Office by:
1.2.1 the development of policies and guidelines for the Audit
Office on Work Health, Safety and Rehabilitation
1.2.2 assisting to
achieve the objectives of the Work Health
and Safety Act 2011 and the Work Health and Safety Regulation 2011 by
establishing agreed Work Health and Safety consultative arrangements in the
Audit Office to identify and implement safe systems of work, safe work
practices, working environments and appropriate risk management strategies; and
to determine the level of responsibility within the Audit Office to achieve
these objectives
1.2.3 identifying training strategies for employees, as
appropriate, to assist in the recognition, elimination or control of workplace hazards
and the prevention of work related injury and illness
1.2.4 developing strategies to assist the rehabilitation of
injured employees
1.2.5 directly involving the appropriate Business Unit Leader in
the provisions of subclauses 1.2.1 to 1.2.4 inclusive of this subclause.
1.3 Equality in
Employment
The Audit Office is committed to the achievement of
equality in employment and the award has been drafted to reflect this
commitment.
1.4 Harassment-free
Workplace
Harassment on the grounds of sex, race, marital or
domestic status, physical or mental disability, sexual preference, transgender,
age or responsibilities as a carer is unlawful in
terms of the Anti-Discrimination Act 1977.
Management and employees of the Audit Office are required to refrain from, or
being party to, any form of harassment in the workplace.
2. Attendance/Hours of
Work
2.1 Casual
Employment
Application - This clause will only apply to those
employees whose conditions of employment are not otherwise included in another
industrial instrument.
2.1.1 Hours of Work
2.1.1.1 A
casual employee is engaged and paid on an hourly basis.
2.1.1.2 A
casual employee will be engaged and paid for a minimum of 3 consecutive hours
for each day worked.
2.1.1.3 A casual
employee shall not work more than 9 consecutive hours per day (exclusive of
meal breaks) without the payment of overtime for such time in excess of 9
hours, except where longer periods are permitted under another award or local
agreement, covering the particular class of work or are required by the usual
work pattern of the position.
2.1.2 Rate of Pay
2.1.2.1 Casual
employee shall be paid the ordinary hourly rate of pay calculated by the
following formula for the hours worked per day:
Annual salary divided by 52.17857 divided by the
ordinary weekly hours of the classification.
2.1.2.2 Casual
employees shall be paid a loading on the appropriate ordinary hourly rate of
pay of:
15% for work performed on Mondays to Fridays
(inclusive)
50% for work performed on Saturdays
75% for work performed on Sundays
150% for work performed on public holidays.
2.1.2.3 Casual
employees shall also receive a 1/12th loading in lieu of annual leave.
2.1.2.4 The
loadings specified in subparagraph 2.1.2.2 of this subclause are in recognition
of the casual nature of the employment and compensate the employee for all
leave, other than annual leave and long service leave, and all incidence of
employment, except overtime.
2.1.3 Overtime
2.1.3.1 Casual
employees shall be paid overtime for work performed:
a) in excess of 9 consecutive hours (excluding meal breaks), or
b) in accordance with Part A, subclause 10.3 application to the
particular class of work, or
c) in excess of the daily roster pattern applicable for the
particular class of work, or
d) in excess of the standard weekly roster of hours for the
particular class of work.
2.1.3.2 Overtime
rates will be paid in accordance with the rates set in Part A,
clause 10.
2.1.3.3 Overtime
payments for casual employees are based on the ordinary hourly rate plus the
15% loading set out in subparagraph 2.1.2.2 of this paragraph.
2.1.3.4 The
loading in lieu of annual leave as set out in subparagraph 2.1.2.3 of this
paragraph is not included in the hourly rate for the calculation of overtime
payments for casual employees.
2.1.4 Leave
2.1.4.1 Other
than as described under paragraphs 2.1.4, 2.1.5 and 2.1.6 of this subclause,
casual employees are not entitled to any other paid or unpaid leave.
2.1.4.2 As set
out in subparagraph 2.1.2.3 of this paragraph, casual employees will be paid
1/12th in lieu of annual leave.
2.1.4.3 Casual
employees will be entitled to Long Service Leave in accordance with the
provisions of the Auditor-General’s Determination 1 dated 27 June 2013.
2.1.4.4 Casual
employees are entitled to unpaid parental leave under Chapter 2, Part 4,
Division 1, section 54, Entitlement to Unpaid Parental Leave, in accordance
with the Industrial Relations Act
1996. The following provisions shall also apply in addition to those set out in
the Industrial Relations Act 1996
(NSW).
a) The
Auditor-General must not fail to re-engage a regular casual employee (see
section 53(2) of the Act) because:
i. the employee or employee's spouse is
pregnant; or
ii. the employee is or has been immediately absent on parental
leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
2.1.4.5 "Domestic
Violence" means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.
2.1.5 Personal Carers
entitlement for casual employees
2.1.5.1 Casual
employees are entitled to unpaid personal leave to care for a Family Member who
is ill and requires care. This entitlement is subject to the evidentiary
requirements set out in subparagraph 2.1.5.4, and the notice requirements set
out in subparagraph 2.1.5.6 of this paragraph.
2.1.5.2 The
Audit Office and the casual employee shall agree on the period for which the
employee will be absent from work. In the absence of agreement, the employee is
entitled to be absent from 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.
2.1.5.3 The
Auditor-General should re-engage a casual employee who has accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
2.1.5.4 The
casual employee shall, if required,
a) establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned or
b) 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.
2.1.5.5 In
normal circumstances, a casual employee must not take personal leave under this
subclause where another person had taken leave to care for the same person.
2.1.5.6 The
casual employee must, as soon as reasonably practicable and during the ordinary
hours of the first day or shift of such absence, inform the employer that they
will be absent from work. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee will inform the employer within 24 hours of the absence.
2.1.6 Bereavement
entitlements for casual employees
2.1.6.1 Casual
employees are entitled to be absent from work, or to leave work upon the death
in Australia of a family member on production of satisfactory evidence (if
required by the employer).
2.1.6.2 The Audit
Office and the casual employee shall agree on the period for which the employee
will be entitled to be absent from work. In the absence of agreement, the
employee is entitled to be absent from 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.
2.1.6.3 The
Auditor-General must not fail to re-engage a casual employee because the
employee accessed the entitlements provided for in this clause. The rights of
an employer to engage or not engage a casual employee are otherwise not
affected.
2.1.6.4 The
casual employee must, as soon is reasonably practicable and during the ordinary
hours of the first day or shift of such absence, inform the employer that they
will be absent from work. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee will inform the employer within 24 hours of the absence.
2.1.7 Application of
other clauses of this Award to casual employees
2.1.7.1 The
following clauses of this annexure do not apply to casual employees:
a) Natural
Emergencies and Major Transport Disruptions
b) Public Holidays
c) relating to Trade Union activities
d) Travelling and
other costs of Trade Union Delegates
e) Leave - General
Provisions
f) relating to the various Leave provisions
g) relating to Recall to Duty, On-Call and Stand-by
Arrangements
2.2 Part-Time
Employment
2.2.1 General
2.2.1.1 This clause
shall only apply to part-time employees
2.2.1.2 Part-time
work may be undertaken with the agreement of the relevant business unit leader.
Part-time work may be undertaken in a part-time position or under a part-time
arrangement.
2.2.1.3 A
part-time employee is to work contract hours less than full-time hours.
2.2.1.4 Unless
otherwise specified in the award, part-time employees receive full time
entitlements on a pro rata basis calculated according to the number of hours an
employee works in a part-time position or under a part-time arrangement.
Entitlements to paid leave will accrue on the equivalent hourly basis.
2.2.1.5 Before
commencing part-time work, the Audit Office and the employee must agree upon:
a) the hours to be worked by the employee, the days upon which
they will be worked, commencing and ceasing times for the work;
b) the classification applying to the work to be performed.
2.2.1.6 The
terms of the agreement must be in writing and may only be varied with the
consent of both parties.
2.2.1.7 Incremental
progression for part-time employees is the same as for full time employees,
that is, part-time employees receive an increment annually.
2.2.2 Additional hours
2.2.2.1 The
Audit Office may request, but not require, a part-time employee to work
additional hours. For the time worked in excess of the employee’s usual hours
and up to the normal full-time hours for the classification, part-time
employees may elect to:
a) be paid for additional hours at their hourly rate plus a
loading of 1/12th in lieu of recreation leave, or
b) if working under a Flexible Working Hours scheme under Part
A, clause 9, have the time worked credited as flex time.
2.2.2.2 For
time worked in excess of the full-time hours of the classification, or outside
the hours specified in Part A, subclause 10.3, payment shall be made at the
appropriate overtime rate in accordance with Part A subclause 10.8, Rate of
Payment for Overtime of this Annexure.
2.3 Natural
Emergencies and Major Transport Disruptions
2.3.1 An employee
prevented from attending work at a normal work location by a natural emergency
or by a major transport disruption may:
2.3.1.1 apply to vary the working hours, and/or
2.3.1.2 negotiate an alternative working location with the Audit
Office, and/or
2.3.1.3 take available family and community service leave and/or
flex leave, recreation or extended leave or leave without pay to cover the
period concerned.
2.4 Public Holidays
Employees are entitled to statutory/gazetted public
holidays and any other day recognised by the Auditor-General as a public
holiday.
2.5 Lactation Breaks
2.5.1 This clause
applies to employees who are lactating mothers.
A lactation break is provided for breastfeeding, expressing milk or
other activity necessary to the act of breastfeeding or expressing milk and is
in addition to any other rest period and meal break as provided for in this
Award.
2.5.2 A full time
employee or a part time employee working more than 4 hours per day is entitled
to a maximum of two paid lactation breaks of up to 30 minutes each per day.
2.5.3 A part time
employee working 4 hours or less on any one day is entitled to only one paid
lactation break of up to 30 minutes on any day so worked.
2.5.4 A flexible
approach to lactation breaks can be taken by mutual agreement between an
employee and their manager provided the total lactation break time entitlement
is not exceeded. When giving
consideration to any such requests for flexibility, a manager needs to balance
the operational requirements of the organisation with the lactating needs of
the employee.
2.5.5 The Audit Office
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk.
2.5.6 Other suitable
facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not practicable
to provide these facilities, discussions between the manager and employee will
take place to attempt to identify reasonable alternative arrangements for the
employee’s lactation needs.
2.5.7 Employees
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the Australian
Breastfeeding Association’s Breastfeeding Helpline Service or the Public Health
System.
2.5.8 Employees needing
to leave the workplace during time normally required for duty to seek support
or treatment in relation to breastfeeding and the transition to the workplace
may utilise personal leave in accordance with Annexure 3 subclause 6.5,
Personal Leave, or access to the flexible working hours scheme provided in Part
A, subclause 9.1, Flexible Work Practices, where applicable.
3. Travel Arrangements
3.1 Travelling
Compensation
3.1.1 Any authorised
official travel and associated expenses, properly and reasonably incurred by an
employee required to perform duty at a location other than their place of
employment shall be met by the Audit Office, subject to Part A, clause 11.
3.1.2 The Audit Office
shall require employees to obtain an authorisation for all official travel
prior to incurring any travel expense.
3.1.3 The Audit Office
will pay the accommodation directly. Where practicable, employees shall obtain
prior approval if required to make their own arrangements for overnight
accommodation.
3.2 Meal and
Incidental Expenses
Meal and incidental allowances will be paid to the
employee in advance per the relevant NSW Treasury Circular as issued from time
to time.
An employee who is authorised by the Audit Office to
undertake a one-day journey on official business which does not require the
employee to obtain overnight accommodation, shall be paid the appropriate rate
of allowance set out in Annexure 3, Part 2, Monetary Rates for:
3.2.1 Breakfast when
required to commence travel at or before 6.00 a.m. and at least 1 hour before
the prescribed starting time;
3.2.2 An evening meal
when required to travel until or beyond 6.30 p.m.; and
3.2.3 Lunch when
required to travel a total distance on the day of at least 100 kilometres and,
as a result, is located at a distance of at least 50 kilometres from the
employee’s normal place of work at the time of taking the normal lunch break.
3.3 Travelling Distance
The need to obtain overnight accommodation shall be
determined by the Audit Office having regard to the safety of the employee or
members travelling on official business and local conditions applicable in the area.
Where employee s are required to attend conferences or seminars which involve
evening sessions or employees are required to make an early start at work in a
location away from their normal workplace, overnight accommodation shall be
appropriately granted by the Audit Office.
4. Allowances and
Other Matters
4.1 Allowance
Payable for Use of Private Motor Vehicle
4.1.1 The Audit Office
may authorise an employee to use a private motor vehicle for work where:
4.1.1.1 such use will result in greater efficiency or involve the
Audit Office in less expense than if travel were undertaken by other means, or
4.1.1.2 where the employee is unable to use other means of transport
due to a disability.
4.1.2 An employee who,
with the approval of the Audit Office, uses a private motor vehicle for work
shall be paid an appropriate rate of allowance specified in Annexure 3, Part 2,
Monetary Rates, for the use of such private motor vehicle. A deduction from the
allowance payable is to be made for travel as described in subparagraph 4.1.4.1
of this paragraph.
4.1.3 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.
4.1.3.1 The
casual rate is payable if an employee elects, with the approval of the Audit
Office, 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.
4.1.3.2 The
official business rate is payable if an employee is directed, and agrees, to
use the vehicle for official business and there is no other transport
available. It is also payable where the
employee is unable to use other transport due to a disability. The official business rate includes a
component to compensate an employee for owning and maintaining the vehicle.
4.1.4 Deduction from
allowance
4.1.4.1 Except
as otherwise specified in this Award, an employee shall bear the cost of
ordinary daily travel by private motor vehicle between the employee's residence and place of employment, as defined in Part A,
clause 11, and for any distance travelled in a private capacity. A deduction
will be made from any motor vehicle allowance paid, in respect of such travel.
4.1.4.2 Deductions
are not to be applied in respect of days characterised as follows:
a) when staying away from home overnight, including the day of
return from any itinerary
b) when the employee uses the vehicle on official business and
returns it to home prior to travelling to the place of employment by other
means of transport at their own expense
c) when the employee uses the vehicle for official business
after normal working hours
d) when the monthly claim voucher shows official use of the
vehicle has occurred on one day only in any week. Exemption from the deduction
under this subclause is exclusive of, and not in addition to, days referred to
in sections (a), (b) and (c) of this subparagraph.
4.1.5 The employee must
have in force, in respect of a motor vehicle used for work, in addition to any
policy required to be effected or maintained under the
Motor Vehicles (Third Party Insurance)
Act 1942, a comprehensive motor vehicle insurance policy to an amount and
in a form approved by the Deputy Auditor-General.
4.1.6 Expenses such as
tolls etc. shall be refunded to employees where the charge was incurred during
approved work related travel.
4.2 Damage to
Private Motor Vehicle Used for Work
4.2.1 Where a private
vehicle is damaged while being used for work, any normal excess insurance
charges prescribed by the insurer shall be reimbursed by the Audit Office,
provided:
4.2.1.1 The
damage is not due to gross negligence by the employee; and
4.2.1.2 The
charges claimed by the employee are not the charges prescribed by the insurer
as punitive excess charges.
4.2.2 Provided the
damage is not the fault of the employee, the Audit Office shall reimburse to an
employee the costs of repairs to a broken windscreen, if the employee can
demonstrate that:
4.2.2.1 The
damage was sustained on approved work activities; and
4.2.2.2 The
costs cannot be met under the insurance policy due to excess clauses.
4.3 Overseas Travel
Unless the Auditor-General determines that an employee
shall be paid travelling rates especially determined for the occasion, an
employee required by the Audit Office to travel overseas on official business
shall be paid the appropriate overseas travelling allowance rates as specified
in the relevant Treasury Circular as issued from time to time.
4.4 Compensation for
Damage to Or Loss of Employee’s Personal Property
4.4.1 Where damage to
or loss of the employee's personal property occurs in the course of employment,
a claim may be lodged under the Workers
Compensation Act 1987 and/or under any insurance policy of the Audit Office
covering the damage to or loss of the personal property of the employee.
4.4.2 If a claim under
paragraph 4.4.1 of this subclause is rejected by the insurer, the
Auditor-General may compensate an employee for the damage to or loss of
personal property, if such damage or loss:
4.4.2.1 Is due
to the negligence of the Audit Office, another employee, or both, in the
performance of their duties, or
4.4.2.2 Is
caused by a defect in an employee's material or equipment, or
4.4.2.3 Results
from an employee’s protection of or attempt to protect Audit Office property
from loss or damage.
4.4.3 Compensation in
terms of paragraph 4.4.2 of this clause shall be limited to the amount
necessary to repair the damaged item. Where the item cannot be repaired or is
lost, the Auditor-General may pay the cost of a replacement item, provided the
item is identical to or only marginally different from the damaged or lost item
and the claim is supported by satisfactory evidence as to the price of the
replacement item.
4.4.4 For the purpose
of this clause, personal property means an employee's clothes, spectacles,
hearing-aid, tools of trade or similar items which are
ordinarily required for the performance of the employee’s duties.
4.4.5 Compensation for
the damage sustained shall be made by the Audit Office where, in the course of
work, clothing or items such as spectacles, hearing aids, etc., are damaged or
destroyed by natural disasters or by theft or vandalism.
4.5 First Aid
Allowance
4.5.1 An employee
appointed as a First Aid Officer shall be paid a first aid allowance at the
rate appropriate to the qualifications held by such employee as specified in
the relevant Treasury Circular as issued from time to time.
4.5.2 The First Aid
Allowance - Basic Qualifications rate will apply to an employee appointed as a
First Aid Officer who holds a St John’s Ambulance Certificate or equivalent
qualifications (such as the Civil Defence or the Red Cross Society’s First Aid
Certificates) issued within the previous three years.
4.5.3 The Holders of
current Occupational First Aid Certificate Allowance rate,
will apply to an employee appointed as a First Aid Officer who:
4.5.3.1 is appointed to be in charge of a First-Aid room in a
workplace of 200 or more employees (100 for construction sites), and
4.5.3.2 holds an Occupational First-Aid Certificate issued within
the previous three years.
4.5.4 The First Aid Allowance
shall not be paid during leave of one week or more.
4.5.5 When the First
Aid Officer is absent on leave for one week or more and another qualified
employee is selected to relieve in the First Aid Officer's position, such
employee shall be paid a pro rata first aid allowance for assuming the duties
of a First Aid Officer.
4.5.6 First Aid
Officers may be permitted to attend training and retraining courses conducted
during normal hours of duty. The cost of training
employees who do not already possess qualifications and who need to be trained
to meet Audit Office needs, and the cost of retraining First Aid Officers, are
to be met by the Audit Office.
5. Union Consultation,
Access and Activities
5.1 On Duty
5.1.1 An Association
delegate will be released from the performance of normal Audit Office duty when
required to undertake any of the activities specified below. While undertaking
such activities the Association delegate will be regarded as being on duty and
will not be required to apply for leave:
5.1.1.1 Attendance
at meetings of the workplace's Work Health and Safety Committee and
participation in all official activities relating to the functions and
responsibilities of elected Work Health and Safety Committee members at a place
of work as provided for in the Work
Health and Safety Act 2011 and the Work Health and Safety Regulation 2011
5.1.1.2 Attendance
at meetings with workplace management or workplace management representatives;
5.1.1.3 A
reasonable period of preparation time, before -
a) meetings with management;
b) disciplinary or grievance meetings when an Association
member requires the presence of an Association delegate; and
c) any other meeting with management,
by agreement with management,
where operational requirements allow the taking of such time;
5.1.1.4 Giving
evidence in court on behalf of the employer;
5.1.1.5 Presenting
information on the Association and Association activities at induction sessions
for new staff of the Audit Office; and
5.1.1.6 Distributing
official Association publications or other authorised material at the
workplace, provided that a minimum of 24 hours’ notice is given to workplace
management, unless otherwise agreed between the parties. Distribution time is
to be kept to a minimum and is to be undertaken at a time convenient to the
workplace.
5.2 Trade Union
Activities Regarded as Special Leave
5.2.1 The granting of
special leave with pay will apply to the following activities undertaken by an
Association delegate, as specified below:
The granting of special leave with pay will apply to
the following activities undertaken by an Association delegate, as specified
below:
5.2.1.1 Annual
or biennial conferences of the Association;
5.2.1.2 Meetings
of the Association’s Executive, Committee of Management or Councils;
5.2.1.3 Annual
conference of the Unions NSW and the biennial Congress of the Australian
Council of Trade Unions;
5.2.1.4 Attendance
at meetings called by the Unions NSW involving the Association which requires
attendance of a delegate;
5.2.1.5 Attendance
at meetings called by the Auditor-General, as the employer for industrial
purposes, as and when required;
5.2.1.6 Giving
evidence before an Industrial Tribunal as a witness for the Association;
5.2.1.7 Reasonable
travelling time to and from conferences or meetings to which the provisions of
Annexure 3, subclauses 5.1, 5.2 and 5.3 apply.
5.3 Trade Union
Training Courses
5.3.1 The following
training courses will attract the grant of special leave as specified below:
5.3.1.1 Accredited
Work Health and Safety (WH&S) courses and any other accredited WH&S
training for WH&S Committee members. The provider(s) of accredited WH&S
training courses and the conditions on which special
leave for such courses will be granted, shall be negotiated between the Audit
Office and the Association.
5.3.1.2 Courses
organised and conducted by the Trade Union Education Foundation or by the
Association or a training provider nominated by the Association. A maximum of
12 working days in any period of 2 years applies to this training and is
subject to:
a) The operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
b) Payment being
at the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc.;
c) All travelling
and associated expenses being met by the employee or the Association;
d) Attendance
being confirmed in writing by the Association or a nominated training provider.
5.4 Conditions
Applying to on Loan Arrangements
5.4.1 Subject to the
operational requirements of the workplace, on loan arrangements will apply to
the following activities:
5.4.1.1 Meetings
interstate or in NSW of a Federal nature to which an Association member has been
nominated or elected by the Association:
a) As an Executive
Member; or
b) A member of a
Federal Council; or
c) Vocational or
industry committee.
5.4.1.2 Briefing
counsel on behalf of the Association;
5.4.1.3 Assisting
Association officials with preparation of cases or any other activity outside
their normal workplace at which the delegate is required to represent the
interests of the Association;
5.4.1.4 Country
tours undertaken by a member of the executive or Council of the Association;
5.4.1.5 Taking
up of full time duties with the Association if elected to the office of
President, General Secretary or to another full time position with the
Association.
5.4.1.6 Financial
Arrangements - The following financial arrangements apply to the occasions when
an employee is placed "on loan" to the Association:-
a) The Audit
Office will continue to pay the delegate or an authorised Association
representative whose services are on loan to the Association;
b) The Audit
Office will seek reimbursement from the Association at regular intervals of all
salary and associated on costs, including superannuation, as specified by the
NSW Treasury from time to time.
c) Agreement with
the Association on the financial arrangements must be reached before the on
loan arrangement commences and must be documented in a manner negotiated
between the Audit Office and the Association.
5.4.1.7 Recognition
of "on loan" arrangement as service - On loan arrangements negotiated
in terms of this clause are to be regarded as service for the accrual of all
leave.
5.4.1.8 Limitation
- On loan arrangements may apply to full-time or part-time staff and are to be
kept to the minimum time required. Where the Association needs to extend an on
loan arrangement, the Association shall approach the Audit Office in writing
for an extension of time well in advance of the expiration of the current
period of on loan arrangement.
5.4.1.9 Where
the Audit Office and the Association cannot agree on the on loan arrangement, the
matter is to be referred to the DPE for determination after consultation with
the Auditor-General and the Association.
5.5 Period of Notice
for Trade Union Activities
The Audit Office must be notified in writing by the
Association or, where appropriate, by the accredited delegate as soon as the
date and/or time of the meeting, conference or other accredited activity is
known.
5.6 Access to
Facilities By Trade Union Delegates
5.6.1 The workplace
shall provide accredited delegates with reasonable access to the following
facilities for authorised Access to Facilities by Trade Union Delegates
Association activities:
5.6.1.1 Telephone,
facsimile and, where available, E-mail facilities;
5.6.1.2 A notice
board for material authorised by the Association or access to staff notice
boards for material authorised by the Association;
5.6.1.3 Workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the Association.
5.7 Responsibilities
of the Trade Union Delegate
5.7.1 Responsibilities
of the Association delegate are to:
5.7.1.1 Establish
accreditation as a delegate with the Association and provide proof of
accreditation to the workplace;
5.7.1.2 Participate
in the workplace consultative processes, as appropriate;
5.7.1.3 Follow
the dispute settling procedure applicable in the workplace;
5.7.1.4 Provide
sufficient notice to the immediate manager of any proposed absence on authorised
Association business;
5.7.1.5 Account
for all time spent on authorised Association business;
5.7.1.6 When
special leave is required, to apply for special leave in advance;
5.7.1.7 Distribute
Association literature/membership forms, under arrangements negotiated between
the Audit Office and the Association; and
5.7.1.8 Use
any facilities provided by the workplace properly and reasonably as negotiated
at organisational level.
5.8 Responsibilities
of the Trade Union
5.8.1 Responsibilities of
the Association are to:
5.8.1.1 Provide
written advice to the Audit Office about an Association activity to be
undertaken by an accredited delegate and, if requested, to provide written
confirmation to the workplace management of the delegate's attendance/participation
in the activity;
5.8.1.2 Meet
all travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in subparagraph 5.9.1.3 of Annexure 3, subclause
5.9, Responsibilities of Workplace Management of this Award;
5.8.1.3 Pay
promptly any monies owing to the workplace under a negotiated on loan
arrangement;
5.8.1.4 Provide
proof of identity when visiting a workplace in an official capacity, if
requested to do so by management;
5.8.1.5 Apply
to the Audit Office well in advance of any proposed extension to the "on
loan" arrangement;
5.8.1.6 Assist
the workplace management in ensuring that time taken by the Association
delegate is accounted for and any facilities provided by the employer are used
reasonably and properly; and
5.8.1.7 Advise
the Audit Office of any leave taken by the Association delegate during the on
loan arrangement.
5.9 Responsibilities
of Workplace Management
5.9.1 Where time is
required for Association activities in accordance with this clause the
responsibilities of the workplace management are to:
5.9.1.1 Release
the accredited delegate from duty for the duration of the Association activity,
as appropriate, and, where necessary, to allow for sufficient travelling time
during the ordinary working hours;
5.9.1.2 Advise
the workplace delegate of the date of the next induction session for new
employees in sufficient time to enable the Association to arrange
representation at the session;
5.9.1.3 Meet
the travel and/or accommodation costs properly and reasonably incurred in
respect of meetings called by the workplace management;
5.9.1.4 Where
possible, to provide relief in the position occupied by the delegate in the
workplace, while the delegate is undertaking Association responsibilities to
assist with the business of workplace management;
5.9.1.5 Re-credit
any other leave applied for on the day to which special leave or release from
duty subsequently applies;
5.9.1.6 Where an
Association activity provided under this clause needs to be undertaken during
an approved period of flexi leave, to apply the provisions of subparagraph
5.9.1.5 of this clause;
5.9.1.7 To
continue to pay salary during an "on loan" arrangement negotiated
with the Association and to obtain reimbursement of salary and on-costs from
the Association at regular intervals, or as otherwise agreed between the
parties if long term arrangements apply;
5.9.1.8 To
verify with the Association the time spent by an Association delegate or
delegates on Association business, if required; and
5.9.1.9 If the
time and/or the facilities allowed for Association activities are thought to be
used unreasonably and/or improperly, to consult with the Association before
taking any remedial action.
5.10 Right of Entry
Provisions
The right of entry provisions shall be as prescribed
under the Work Health and Safety Act
2011 and the Industrial Relations Act
1996.
5.11 Travelling and
Other Costs of Trade Union Delegates
5.11.1 Except as
specified in subparagraph 5.9.1.3 of Annexure 3, subclause 5.9,
Responsibilities of Workplace Management of this Award, all travel and other
costs incurred by accredited Association delegates in the course of Association
activities will be paid by the Association.
5.11.2 In respect of
meetings called by the workplace management in terms of subparagraph 5.9.1.3 of
subclause 5.9, Responsibilities of Workplace Management of this Award, the
payment of travel and/or accommodation costs, properly and reasonably incurred,
is to be made, as appropriate, on the same conditions as apply under subclauses
3.1, Travelling Compensation, 3.2, Meal Expenses on One-Day Journeys, or 3.3,
Restrictions on Payment of Travelling Allowances of this Annexure.
5.11.3 No overtime, leave
in lieu, shift penalties or any other additional costs will be claimable by an
employee from the Audit Office, in respect of Association activities covered by
special leave or on duty activities provided for in this clause.
5.11.4 The on loan arrangements
shall apply strictly as negotiated and no extra claims in respect of the period
of on loan shall be made on the Audit Office by the Association or the
employee.
5.12 Industrial Action
5.12.1 Provisions of the Industrial Relations Act 1996 shall
apply to the right of Association members to take lawful industrial action
(Note the obligations of the parties under Part A,
clause 14, Industrial Dispute Settlement Procedure).
5.12.2 There will be no victimisation
of employees prior to, during or following such industrial action.
5.13 Consultation and
Technological Change
5.13.1 There shall be
effective means of consultation, as set out in the Consultative Arrangements
Policy and Guidelines document, on matters of mutual interest and concern, both
formal and informal, between management and Association.
5.13.2 The Audit Office
shall consult with the Association prior to the introduction of any
technological change.
6. Leave
6.1 Leave - General
Provisions
6.1.1 The leave
provisions contained in this Award apply to all employees.
6.1.2 Part-time
employees covered by this Award will receive the paid leave provisions of this
agreement on a pro rata basis, calculated according to the number of Ordinary
Working Hours per week.
6.1.3 The
Auditor-General may direct employees to take excess recreation leave, flex
leave and personal leave.
6.1.4 Where paid and
unpaid leave is available to be granted in terms of this Award, paid leave
shall be taken before unpaid leave.
6.2 Absence from
Work
6.2.1 An employee must
not be absent from work without reasonable cause.
6.2.2 Where an employee
is to be absent from work because of illness or other emergency, the employee
must notify, or arrange for another person to notify the manager as soon as
practical of the reason for and the expected duration of the absence.
6.2.3 Where a
satisfactory explanation for the absence is not provided, the employee may be
considered to be absent from work without authorised leave and the amount
equivalent to the period of absence may be deducted from the employee’s pay.
6.2.4 The minimum
period of leave available to be granted shall be one hour.
6.2.5 Nothing in this clause
affects any proceedings for a breach of discipline against an employee who is
absent from work without authorised leave.
6.3 Applying for
Leave
The Audit Office shall deal with the application for
leave according to the wishes of the employee, if the operational requirements
of the Audit Office permit this to be done.
6.4 Extended Leave
Extended leave shall accrue and shall be granted to
employees in accordance with the provisions of the Auditor-General
Determination 1 dated 27June 2013.
Extended leave will be re-credited if an Employee is
ill for more than five days, while on extended leave, and provides a supporting
medical certificate to the Audit Office.
6.5 Personal Leave
6.5.1 On commencement
of employment, employees will be provided four days personal leave.
6.5.2 After the first
three months of employment, employees will accrue personal leave at the rate of
16 working days per year in accordance with relevant Audit Office Policies.
6.5.3 Personal Leave
can be requested for, but is not limited to:
6.5.3.1 sick leave
6.5.3.2 caring for a person for whom the employee is responsible
6.5.3.3 compassionate grounds
6.5.3.4 bereavement leave
6.5.3.5 emergency or weather conditions, which threatens the
employee’s property or prevents them from reporting for work
6.5.3.6 attending to unplanned or unforeseen personal
responsibilities
6.5.3.7 community services or volunteering for official events or
organisations.
6.5.4 Unused paid
personal leave will accumulate progressively, but will not be paid out on
termination of employment.
6.5.5 With respect to
an illness or injury, the Auditor-General may require an employee to be
examined by a medical practitioner nominated by the Auditor-General
6.5.6 Employees agree
to cooperate with a direction issued to them to attend a medical examination in
accordance with this subclause. If requested to do so, employees also agree to
provide their consent to the nominated medical practitioner obtaining their
relevant medical records from their treating practitioners for the purposes of
that examination.
6.5.7 If an employee is
directed to attend a medical examination in accordance with this sub clause the
cost of this examination or any tests required as a result will be paid by the
Audit Office. Reasonable travel costs will also be reimbursed on production of
receipts.
6.5.8 All continuous
service as an employee in the NSW public service shall be taken into account
for the purpose of calculating personal 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 personal leave due if the
previous personal leave records are available.
6.5.9 Paid personal
leave which may be granted to an employee, other than a seasonal or relief
employee, in the first 3 months of service shall be limited to 4 days paid
personal leave, unless the Audit Office approves otherwise. Paid personal leave
in excess of 4 days granted in the first 3 months of service shall be supported
by a satisfactory medical certificate.
6.5.10 Seasonal or relief
employees - no paid personal leave shall be granted to temporary employees who
are employed for a period of less than 3 months.
6.5.11 Personal Leave -
Workers’ Compensation
The Audit Office shall advise each employee of the
rights under the Workers Compensation Act
1987, as amended from time to time, and shall give assistance and advice, as
necessary, in the lodging of any claim.
6.5.12 Personal Leave -
Claims Other than Workers’ Compensation
6.5.12.1 If an
employee has a claim for compensation, resulting from a non-work related injury
not coverable by the Workers Compensation
Act 1987, then, personal leave on full pay may, be granted to the employee
subject to:
a) Any claim made
including the value of any period of paid personal leave granted by the Audit
Office to the employee, and
b) On the payment
of a claim as outlined in subparagraph 6.5.12.1, the employee will repay to the
Audit Office the monetary value of any such period of personal leave.
6.5.12.2 On
repayment to the Audit Office of the monetary value of personal leave granted
to the employee, personal leave equivalent to that repayment and calculated at
the employee’s ordinary rate of pay, shall be restored to the credit of the
employee.
6.6 Personal Leave -
Requirements for Evidence
6.6.1 An employee
absent from work for more than 2 consecutive working days must furnish evidence
to the Audit Office to support the absence.
6.6.2 An employee may
absent themselves for a total of 5 non-consecutive working days per annum for
personal leave without providing evidence to the Audit Office. Employees who
absent themselves for more than 5 working days for personal leave in a year may
be required to furnish evidence for each occasion absent during the balance of
the calendar year.
6.6.3 As a general
practice, backdated medical certificates will not be accepted. However, if an
employee provides evidence of illness that only covers the latter part of the absence, they can be granted personal leave for the whole
period if the Audit Office is satisfied that the reason for the absence is
genuine.
6.6.4 If an employee is
required to provide evidence for an absence of 2 consecutive working days or
less, the Audit Office will advise them in advance.
6.6.5 If the Audit
Office is concerned about a diagnosis described in the evidence of illness
produced by the employee, after discussion with the employee, the evidence
provided and the employee's application for leave can be referred to a WorkCover approved assessor for advice.
6.6.6 The type of leave
granted to the employee will be determined by the Audit Office based on the WorkCover approved assessor’s advice.
6.6.7 If personal leave
is not granted, the Audit Office will, as far as practicable, take into account
the wishes of the employee when determining the type of leave granted.
6.6.8 The granting of
paid personal leave for illness shall be subject to the employee providing
evidence which indicates the nature of illness or injury and the estimated
duration of the absence. If an employee
is concerned about disclosing the nature of the illness to their manager they
may elect to have the application for personal leave dealt with confidentially
by an alternate manager or the human resources section of the Audit Office.
6.6.9 The reference in
this clause to evidence of illness shall apply, as appropriate:
6.6.9.1 up to
one week may be provided by a registered dentist, optometrist, chiropractor, osteopath,
physiotherapist, oral and maxillofacial surgeon or, at the Audit Office’s
discretion, another registered health services provider, or
6.6.9.2 where
the absence exceeds one week, and unless the health provider listed in
subparagraph 6.6.9.1 of this subclause is also a registered medical
practitioner, applications for any further personal leave must be supported by
evidence of illness from a registered medical practitioner, or
6.6.9.3 at the Audit Office’s discretion, other forms of evidence
that satisfy that an employee had a genuine illness.
6.6.10 If an employee who
is absent on recreation leave or extended leave, furnishes to the Audit Office
satisfactory evidence of illness in respect of an illness which occurred during
the leave, the Audit Office may, subject to the provisions of this clause,
grant personal leave to the employee as follows:
6.6.10.1 in respect of recreation leave, the period set out in the
evidence of illness,
6.6.10.2 in respect of extended leave, the period set out in the
evidence of illness if such period is 5 working days or more.
6.6.11 This
clause applies to all employees other than those on leave prior to resignation
or termination of services, unless the resignation or termination of services
amounts to a retirement.
6.7 Leave Without Pay
6.7.1 An employee may
be granted leave without pay if good and sufficient reason can be shown and
there is no significant detriment to the operational requirements of the Audit
Office.
6.7.2 Leave without pay
may be granted on a full-time or a part-time basis.
6.7.3 Where an employee
is granted leave without pay for a period not exceeding 10 consecutive working
days, the employee shall be paid for any proclaimed public holidays falling
during such leave without pay.
6.7.4 Where an employee
is granted leave without pay which, when aggregated, does not exceed 5 working
days in a period of twelve (12) months, such leave shall count as service for
incremental progression and accrual of recreation leave.
6.8 Military Leave
6.8.1 During the period
of 12 months commencing on 1 July each year, the Audit Office may grant to an
employee who is a volunteer part-time member of the Defence Forces, military
leave on full pay to undertake compulsory annual training and to attend
schools, classes or courses of instruction or compulsory parades conducted by
the employee’s unit.
6.8.2 In accordance
with the Defence Reserve Service
(Protection) Act 2001 (Cth), it is unlawful to
prevent an employee from rendering or volunteering to render, ordinary Defence
Reserve Service.
6.8.3 Up to 24 working
days military leave per financial year may be granted by the Audit Office to
members of the Naval and Military Reserves and up to 28 working days per
financial year to members of the Air Force Reserve for the activities specified
in subclause 6.8.1 of this clause.
6.8.4 The Audit Office
may grant an employee special leave of up to 1 day to attend medical
examinations and tests required for acceptance as volunteer part time members
of the Australian Defence Forces.
6.8.5 An employee who
is requested by the Australian Defence Forces to provide additional military
services requiring leave in excess of the entitlement specified in subclause
6.8.3 of this clause may be granted Military Leave top up pay by the
Auditor-General.
6.8.6 Military Leave
top up pay is calculated as the difference between an employee’s ordinary pay
as if they had been at work, and the Reservist’s pay which they receive from
the Commonwealth Department of Defence.
6.8.7 During a period
of Military Leave top up pay, an employee will continue to accrue personal
leave, recreation and extended leave entitlements, and Departments are to
continue to make superannuation contributions at the normal rate.
6.8.8 At the expiration
of military leave in accordance with paragraph 6.8.2 or 6.8.4 of this
subclause, the employee shall furnish to the Audit Office a certificate of
attendance and details of the employees reservist pay signed by the commanding
officer or other responsible officer.
6.9 Observance of
Essential Religious or Cultural Obligations
6.9.1 The Audit Office
recognises the value of cultural diversity and the need for some faiths to
access time or leave to attend to essential religious obligations including
days of religious, cultural or ceremonial significance. Access to time or leave
is subject to:
6.9.1.1 the operational requirements of the Audit Office
6.9.1.2 the employee providing adequate notice of the need to take
time or leave
6.9.1.3 the employee obtaining prior approval of the time required
or leave applied for
6.9.1.4 any time off being made up in a manner approved by the Audit
Office.
6.10 Parental Leave
6.10.1 Parental leave
includes maternity, adoption and "other parent" leave.
6.10.2 Maternity leave
shall apply to an employee who is pregnant and, subject to this clause the
employee shall be entitled to be granted maternity leave as follows:
6.10.2.1 for a period up to 9 weeks prior to the expected date of birth,
and
6.10.2.2 for a
further period of up to 12 months after the actual date of birth.
6.10.2.3 an employee who has been granted maternity leave and whose
child is stillborn may elect to take available personal leave instead of
maternity leave.
6.10.3 Adoption leave
shall apply to an employee adopting a child and who will be the primary care
giver, the employee shall be granted adoption leave as follows:
6.10.3.1 for a period of up to 12 months if the child has not
commenced school at the date of the taking of custody, or
6.10.3.2 for such period, not exceeding 12 months on a full-time
basis, as the Auditor-General may determine, if the child has commenced school
at the date of the taking of custody.
6.10.3.3 special adoption Leave - an employee shall be entitled to
special adoption leave (without pay) for up to 2 days to attend interviews or
examinations for the purposes of adoption. Special adoption leave may be taken
as a charge against recreation leave, extended leave, flexitime or personal leave.
6.10.4 Where maternity or
adoption leave does not apply, "other parent" leave is available to
male and female employees who apply for leave to look after his/her child or
children. Other parent leave applies as follows:
6.10.4.1 short
other parent leave - an unbroken period of up to 8 weeks at the time of the
birth of the child or other termination of the spouse's or partner's pregnancy
or, in the case of adoption, from the date of taking custody of the child or
children;
6.10.4.2 extended other parent leave - for a period not exceeding 12
months, less any short other parental leave already taken by the employee as
provided for in subparagraph 6.10.4.1 of this paragraph. Extended other
parental leave may commence at any time up to 2 years from the date of birth of
the child or the taking of custody of the child.
6.10.5 An employee taking
maternity or adoption leave is entitled to payment at the ordinary rate of pay
for a period of up to 14 weeks, an employee entitled to short other parent
leave is entitled to payment at the ordinary rate of pay for a period of up to
1 week, provided the employee:
6.10.5.1 applied
for parental leave within the time and in the manner determined set out in
paragraph 6.10.10 of this subclause; and
6.10.5.2 prior to the commencement of parental leave, completed not
less than 40 weeks' continuous service.
6.10.5.3 payment for the maternity, adoption or short other parent
leave may be made as follows:
a) in advance as a lump sum, or
b) fortnightly as normal, or
c) fortnightly at half pay, or
d) a combination of full pay and half pay.
6.10.6 Payment for
parental leave is at the rate applicable when the leave is taken. An employee
holding a full time position who is on part time leave without pay when they
start parental leave is paid:
6.10.6.1 at the full time rate if they began part time leave 40 weeks
or less before starting parental leave,
6.10.6.2 at the
part time rate if they began part time leave more than 40 weeks before starting
parental leave and have not changed their part time work arrangements for the
40 weeks,
6.10.6.3 at the rate based on the average number of weekly hours
worked during the 40 week period if they have been on part time leave for more
than 40 weeks but have changed their part time work arrangements during that
period.
6.10.7 An employee who
commences a subsequent period of maternity or adoption leave for another child
within 24 months of commencing an initial period of maternity or adoption leave
will be paid:
6.10.7.1 at the
rate (full time or part time) they were paid before commencing the initial
leave if they have not returned to work, or
6.10.7.2 at a
rate based on the hours worked before the initial leave was taken, where the
employee has returned to work and reduced their hours during the 24 month
period, or
6.10.7.3 at a rate based on the hours worked prior to the subsequent
period of leave where the employee has not reduced their hours.
6.10.8 Except as provided
in paragraphs 6.10.5, 6.10.6 and 6.10.7 of this subclause parental leave shall
be granted without pay.
6.10.9 Right to request
6.10.9.1 An
employee who has been granted parental leave in accordance with paragraph
6.10.2, 6.10.3 or 6.10.4 of this clause may make a request to the
Auditor-General to:
a) extend the period of unpaid parental leave for a further
continuous period of leave not exceeding 12 months, or
b) return from a
period of full time parental leave on a part time basis until the child reaches
school age (Note: returning to work from parental leave on a part time basis
includes the option of returning to work on part time leave without pay),
to assist the employee in
reconciling work and parental responsibilities.
6.10.9.2 The
Auditor-General shall consider the request having regard to the employee’s
circumstances and, provided the request is genuinely based on the employee’s
parental responsibilities, may only refuse the request on reasonable grounds
related to the effect on the workplace or the Audit Office’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
6.10.10 Notification
Requirements
6.10.10.1 When the
Audit Office is made aware that an employee or their spouse is pregnant or is
adopting a child, the Audit Office must inform the employee of their
entitlements and their obligations under the award.
6.10.10.2 An
employee who wishes to take parental leave must notify the Audit Office in
writing at least 8 weeks (or as soon as practicable) before the expected
commencement of parental leave:
a) that she/he intends to take parental leave, and
b) the expected date of birth or the expected date of
placement, and
c) if she/he is likely to make a request under paragraph 6.10.9
of this subclause.
6.10.10.3 At least
4 weeks before an employee's expected date of commencing parental leave they
must advise:
a) the date on which the parental leave is intended to start,
and
b) the period of leave to be taken.
6.10.10.4 Employee’s
request and the Audit Office’s decision to be in writing
The employee’s request under subparagraph 6.10.9.1 and
the Audit Office’s decision made under subparagraph 6.10.9.2 must be recorded
in writing.
6.10.10.5 An
employee intending to request to return from parental leave on a part time
basis or seek an additional period of leave of up to 12 months must notify the Audit Office in writing as
soon as practicable and preferably before beginning parental leave. If the
notification is not given before commencing such leave, it may be given at any
time up to 4 weeks before the proposed return on a part time basis, or later if
the Audit Office agrees.
6.10.10.6 An
employee on maternity leave is to notify the Audit Office of the date on which
she gave birth as soon as she can conveniently do so.
6.10.10.7 An
employee must notify the Audit Office as soon as practicable of any change in
her intentions as a result of premature delivery or miscarriage.
6.10.10.8 An
employee on maternity or adoption leave may change the period of leave or
arrangement, once without the consent of the Audit Office and any number of
times with the consent of the Audit Office. In each case she/he must give the
Audit Office at least 14 days’ notice of the change unless the Audit Office
decides otherwise.
6.10.11 An employee has the right to her/his former position if
she/he has taken approved leave or part time work in accordance with paragraph
6.10.9 of this subclause, and she/he resumes duty immediately after the
approved leave or work on a part time basis.
6.10.12 If the
position occupied by the employee immediately prior to the taking of parental
leave has ceased to exist, but there are other positions available that the
employee is qualified for and is capable
of performing, the employee shall be appointed to a position of the same grade
and classification as the employee’s former position.
6.10.13 An employee does not have a right to her/his former position
during a period of return to work on a part time basis. If the Audit Office
approves a return to work on a part time basis then the position occupied is to
be at the same classification and grade as the former position.
6.10.14 An employee who has returned to full time duty without exhausting
their entitlement to 12 months unpaid parental leave is entitled to revert back
to such leave. This may be done once only, and a minimum of 4 weeks’ notice (or
less if acceptable to the Audit Office) must be given.
6.10.15 An employee who is ill during her pregnancy may take
available paid personal leave or accrued recreation or extended leave or
personal leave without pay. An employee may apply for accrued recreation leave,
extended leave or leave without pay before taking maternity leave. Any leave
taken before maternity leave, ceases at the end of the working day immediately
preceding the day she starts her nominated period of maternity leave or on the
working day immediately preceding the date of birth of the child, whichever is
sooner.
6.10.16 An employee may elect to take available recreation leave or
extended leave within the period of parental leave provided this does not
extend the total period of such leave.
6.10.17 An employee may elect to take available recreation leave at
half pay in conjunction with parental leave provided that:
6.10.17.1 accrued recreation leave at the date leave commences is
exhausted within the period of parental leave
6.10.17.2 the total period of parental leave, is not extended by the
taking of recreation leave at half pay
6.10.17.3 When
calculating other leave accruing during the period of recreation leave at half
pay, the recreation leave at half pay shall be converted to the full time
equivalent and treated as full pay leave for accrual of further recreation,
extended and other leave at the full time rate.
6.10.18 If, for
any reason, a pregnant employee is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child the
Audit Office, should, in consultation with the employee, take all reasonable
measures to arrange for safer alternative duties. This may include, but is not
limited to greater flexibility in when and where duties are carried out, a
temporary change in duties, retraining, multi-skilling, teleworking and job
redesign.
6.10.19 If such
adjustments cannot reasonably be made, the Audit Office must grant the employee
maternity leave, or any available personal leave, for as long as it is
necessary to avoid exposure to that risk as certified by a medical
practitioner, or until the child is born whichever is the earlier.
6.10.20 Communication
during parental leave
6.10.20.1 Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the Audit Office shall take
reasonable steps to:
a) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave, and
b) provide an opportunity for the employee to discuss any
significant effect the change will have on the status or responsibility level
of the position the employee held before commencing parental leave.
6.10.20.2 The
employee shall take reasonable steps to inform the Audit Office about any
significant matter that will affect the employee’s decision regarding the
duration of parental leave to be taken, whether the employee intends to return
to work and whether the employee intends to request to return to work on a part
time basis.
6.10.20.3 The
employee shall also notify the Audit Office of changes of address or other
contact details which might affect the Audit Office’s capacity to comply with
subparagraph 6.10.20.1 of this paragraph.
6.11 Purchased Leave
6.11.1 Employees can
apply to purchase additional leave to be used within a 12 month period in
accordance with Audit Office policy.
6.11.2 The purchased
leave will be funded through the reduction in the employee’s ordinary rate of
pay.
6.11.3 Purchased leave is
subject to the following provisions:
6.11.3.1 the purchased leave cannot be accrued and will be refunded
where it has not been taken in the 12 month period
6.11.3.2 other leave taken during the 12 month purchased leave
agreement period i.e. personal leave, recreation leave, extended leave or leave
in lieu will be paid at the purchased leave rate of pay
6.11.3.3 personal leave cannot be taken during a period of purchased
leave
6.11.3.4 the purchased leave rate of pay will be the salary for all
purposes including superannuation
6.11.3.5 overtime and salary related allowances not paid during
periods of recreation leave will be calculated using the employee’s hourly rate
based on the ordinary rate of pay
6.11.3.6 higher Duties Allowance will not be paid when a period of
purchased leave is taken.
6.12 Recreation Leave
6.12.1 Recreation leave
accrues at the rate of 20 working days per year.
6.12.1.1 employees are to take at least 10 working days of recreation
leave every 12 months, except by agreement with the Auditor-General. Recreation
leave will be re-credited if an employee is ill, while on recreation leave, and
provides a supporting medical certificate to the Audit Office
6.12.1.2 recreation leave does not accrue during leave without pay,
other than:
a) during incapacity for which compensation has been authorised
under the relevant legislation, or
b) absences due to natural emergencies, or
c) during any period
of personal leave without pay; not exceeding 5 full time working days or their
part time equivalent in any 12 months or
d) during any period of military leave without pay.
6.12.1.3 recreation leave accrues at half its normal accrual rate
during periods of extended leave on half pay or recreation leave taken on half
pay
6.12.1.4 recreation
leave may be taken on half pay in conjunction with and subject to the
provisions applying to adoption, maternity or parental leave - see Annexure 3,
subclause 6.10, Parental Leave
6.12.1.5 on cessation of employment, an employee is entitled to be
paid the monetary value of accrued recreation leave balances
6.12.1.6 an employee to whom subparagraph 6.12.1.5 of this subclause
applies may elect to take all or part of accrued recreation leave which remains
untaken at cessation of active duty as leave or as a lump sum payment; or as a
combination of leave and lump sum payment
6.12.1.7 where an employee dies during their employment with the
Audit Office, their nominated beneficiary or next of kin will be paid the
monetary value of recreation leave they have accrued as at the date of death.
6.13 Special Leave
6.13.1 An Employee will
be granted special leave in accordance with Audit Office Policies for
circumstances including, but not limited to:
6.13.1.1 jury service;
6.13.1.2 as a
witness in an official capacity at court;
6.13.1.3 support for employees experiencing domestic violence;
6.13.1.4 study leave including attending an approved examination;
6.13.1.5 National
Aborigines and Islander Day of Commemoration (NADOC) celebrations;
6.13.1.6 delegates attending trade union activities; and/or
6.13.1.7 other purposes as approved by the Auditor-General or
provided by law.
7. Training and
Professional Development
7.1 Staff
Development and Training Activities
7.1.1 For the purpose
of this clause, the following shall be regarded as staff development and
training activities:
7.1.1.1 All
staff development courses conducted by a NSW Public Sector organisation;
7.1.1.2 Short
educational and training courses conducted by generally recognised public or
private educational bodies; and
7.1.1.3 Conferences,
conventions, seminars, or similar activities conducted by professional, learned
or other generally recognised societies, including Federal or State Government
bodies.
7.1.2 For the purposes
of this clause, the following shall not be regarded as staff development and
training activities:
7.1.2.1 Activities
for which study assistance is appropriate;
7.1.2.2 Activities
to which other provisions of this Award apply (e.g. courses conducted by the
Association); and
7.1.2.3 Activities
which are of no specific relevance to the NSW Public Sector.
7.1.3 Attendance of an
employee at activities considered by the Audit Office to be:
7.1.3.1 Essential
for the efficient operation of the Audit office; or
7.1.3.2 Developmental
and of benefit to the NSW public sector.
shall be regarded as on duty
for the purpose of payment of salary if an employee attends such an activity
during normal working hours.
7.1.4 The following
provisions shall apply, as appropriate, to the activities considered to be
essential for the efficient operation of the Audit Office:
7.1.4.1 Recognition
that the employees are performing normal duties during the course;
7.1.4.2 Adjustment
for the hours so worked under flexible working hours;
7.1.4.3 Payment
of course fees;
7.1.4.4 Payment
of all actual necessary expenses or payment of allowances in accordance with
this Award, provided that the expenses involved do not form part of the course
and have not been included in the course fees; and
7.1.4.5 Payment
of overtime where the activity could not be conducted during the employee's
normal hours and the Audit Office is satisfied that
the approval to attend constitutes a direction to work overtime under Part A,
clause 10.
7.1.5 The following
provisions shall apply, as appropriate, to the activities considered to be
developmental and of benefit to the Audit Office:
7.1.5.1 Recognition
of the employee as being on duty during normal working hours whilst attending
the activity;
7.1.5.2 Payment
of course fees;
7.1.5.3 Reimbursement
of any actual necessary expenses incurred by the employee for travel costs, meals
and accommodation, provided that the expenses have not been paid as part of the
course fee; and
7.1.5.4 Such
other conditions as may be considered appropriate by the Audit Office given the
circumstances of attending at the activity, such as compensatory leave for
excess travel or payment of travelling expenses.
7.1.6 Where the
training activities are considered to be principally of benefit to the employee
and of indirect benefit to the Audit Office, special leave of up to 10 days per
year shall be granted to an employee. If additional leave is required and the
Audit Office is able to release the employee, such leave shall be granted as a
charge against available flex leave, recreation/extended leave or as leave
without pay.
7.1.7 Higher Duties Allowance
- Payment of a higher duties allowance is to continue where the employee
attends a training or developmental activity whilst on duty in accordance with
this clause.
8. Overtime
8.1 Recall to Duty
8.1.1 An employee
recalled to work overtime after leaving the Audit
Office premises shall be paid for a minimum of three (3) hours work at the
appropriate overtime rates.
8.1.2 The employee
shall not be required to work the full three (3) hours if the job can be
completed within a shorter period.
8.1.3 When an employee
returns to the place of work on a number of occasions in the same day and the
first or subsequent minimum pay period overlap into the next call out period,
payment shall be calculated from the commencement of the first recall until either
the end of duty or three (3) hours from the commencement of the last recall,
whichever is the greater. Such time shall be calculated as one continuous
period.
8.1.4 When an employee
returns to the place of work on a second or subsequent occasion and a period of
three (3) hours has elapsed since the employee was last recalled, overtime
shall only be paid for the actual time worked in the first and subsequent
periods with the minimum payment provision only being applied to the last
recall on the day.
8.1.5 A recall to duty
commences when the employee starts work and terminates when the work is
completed. A recall to duty does not include time spent travelling to and from
the place at which work is to be undertaken.
8.1.6 An employee
recalled to duty within three (3) hours of the commencement of usual hours of
duty shall be paid at the appropriate overtime rate from the time of recall to
the time of commencement of such normal work.
8.1.7 This clause shall
not apply in cases where it is customary for an employee to return to the Audit
Office’s premises to perform a specific job outside the employee’s ordinary
hours of duty, or where overtime is continuous with the completion or
commencement of ordinary hours of duty. Overtime worked in these circumstances
shall not attract the minimum payment of three (3) hours unless the actual time
worked is three (3) or more hours.
8.2 On-Call
(Stand-By) and On-Call Allowance
8.2.1 Unless already
eligible for an on-call allowance under another industrial instrument, an
employee shall be:
8.2.1.1 entitled
to be paid the on-call allowance set out in Annexure 3, Part 2, Monetary Rates
when directed by the Audit Office to be on call or on stand-by for a possible
recall to duty outside the employee's working hours,
8.2.1.2 if an employee who is on call and is called out by the Audit
Office, the overtime provisions as set out Part A, clause 10, shall apply to
the time worked,
8.2.1.3 where work problems are resolved without travel to the place
of work whether on a weekday, weekend or public holiday, work performed shall
be compensated at ordinary time for the time actually worked, calculated to the
next 15 minutes.
8.3 Overtime Meal
Breaks
8.3.1 Employee working
flexible hours - an employee required to work overtime on weekdays beyond 7
p.m. and until or beyond eight and a half hours after commencing duty plus the
time taken for lunch, shall be allowed 30 minutes for a meal and thereafter, 30
minutes for a meal after every five hours of overtime worked.
8.3.2 Employees
Generally - an employee required to work overtime on a Saturday, Sunday or
Public Holiday, shall be allowed 30 minutes for a meal after every five hours
of overtime worked. An employee who is unable to take a meal break and who
works for more than five hours shall be given a meal break at the earliest
opportunity.
8.4 Overtime Meal
Allowances
8.4.1 If an adequate
meal is not provided by the Audit Office, a meal allowance shall be paid at the
appropriate rate specified in the relevant Treasury Circular as specified from
time to time, provided the Audit Office is satisfied that:
8.4.1.1 the time worked is directed overtime,
8.4.1.2 the employee properly and reasonably incurred expenditure in
obtaining the meal in respect of which the allowance is sought,
8.4.1.3 where
the employee was able to cease duty for at least 30 minutes before or during
the working of overtime to take the meal, the employee did so, and
8.4.1.4 overtime is not being paid in respect of the time taken for
a meal break.
8.4.2 Where an
allowance payable under this clause is insufficient to reimburse the employee
the cost of a meal, properly and reasonably incurred, the Audit Office shall
approve payment of actual expenses.
8.4.3 Where a meal was
not purchased, payment of a meal allowance shall not be made.
8.4.4 Receipts shall be
provided to the Audit Office in support of any claims for additional expenses
or when the employee is required to substantiate the claim.
8.4.5 Notwithstanding
the above provisions, nothing in this clause shall prevent the Audit Office and
the Association from negotiating different meal provisions.
8.5 Provision of
Transport in Conjunction with Working of Overtime
8.5.1 For the purpose of
this clause, departure or arrival after 8.00 p.m. will determine whether the
provisions of this clause apply.
Departure or arrival after 8.00 p.m. of an employee on
overtime does not in itself warrant the provision of transport. It needs to be
demonstrated that the normal means of transport, public or otherwise, is not
reasonably available and/or that travel by such means of transport places the
safety of the employee at risk.
The responsibility of deciding whether the provision of
assistance with transport is warranted in the circumstances set out above rests
with the Audit Office Business Unit Leader.
8.5.2 Arrangement of
Overtime - where overtime is required to be performed, it should be arranged,
as far as is reasonably possible, so that the employee can use public transport
or other normal means of transport to and from work.
8.5.3 Provision of
Taxis - where an employee ceases overtime duty after 8.00 p.m. and public
transport or other normal means of transport is not reasonably available,
arrangements may be made for transport home or to be provided by way of taxi.
9. Miscellaneous
9.1 Existing
Entitlements
The provisions of this Annexure shall not affect any
entitlements existing in the Audit Office at the time this Award is made, if
such provisions are better than the provisions contained in this Award. Such
entitlements are hereby expressly preserved until renegotiated with the
Association.
PART 2
Monetary Rates
Allowances are paid consistent with those published annually
that are, at the time of entering into this Award, included in the relevant
Treasury Circular as issued from time to time.
Table 1 - Allowances
As specified in the relevant Treasury Circular as issued
from time to time.
P.
KITE, Chief Commissioner.
____________________
Printed by the authority of the Industrial Registrar.