The City of Sydney Wages/Salary Award 2017

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by City of Sydney.

 

(Case No. 383641 of 2019)

 

 

VARIATION

 

1.         Delete in Section 5 - Appendices, Appendix 4, Multi Skilling and Cross Skilling Agreement 1996, of the award published 28 November 2018 (383 I.G. 1005), and renumber existing Appendices accordingly.

 

2.         Delete clause 2, New Wages Classification Structure, and insert in lieu thereof the following:

 

2.  New Wages Classification Structure

 

On 14 February 2020, in resolution of an industrial dispute notified to the NSW Industrial Relations Commission (proceedings no. 19/383641), the Commission varied this Award to include a new wage classification structure for employees employed in the Wages Division and made other related variations.

 

The main variations made are:

 

•          The new wage classification structure, and transitional provisions, are inserted at Appendix 1;

 

•          Variations were made to Section Two of this Award, adding new provisions for the Wages Division in clause 38.3 to 38.5 (Terms of Employment) and clause 42 (Allowances);

 

•          Allowances were deleted in Appendix 3 and Appendix 4 was removed.

 

The new wage classification structure (and the variations made) is to commence from 1 July 2019. 

 

Any back pay arising from the introduction of the new wage classification structure for Wage Division employees will be made by the City to employees as soon as is practicable (including having regard to any implementation steps that must be first completed).

 

3.         Delete "38.3" in paragraph 5.11.1 of subclause 5.11, Payment of Employees, of clause 5, Terms of Employment, and replace with the following:

 

"38.2"

 

4.         Insert in Section 2 - Wages Division, after subclause 38.2 of clause 38, Terms of Employment, the following new subclauses:

 

38.3    The Wages Division Salary Band System and rates of pay are detailed at Appendix 1 of this Award.

 

38.4    A position’s grade placement and salary rate will be determined and evaluated in accordance with Council’s job evaluation policy and system, as varied from time to time.

 

(Note: at the time of inserting this provision into the Award, all existing positions in the Wages Division had been evaluated by Mercer and assigned a grade and salary.)

 

38.5    Upon commencement of the variations as described in clause 2 of this Award, employees in the Wages Division will be eligible for consideration for salary progression in accordance with the Council’s ‘Performance and Development Management Policy’ as amended from time to time.  See clause 35.3 of this Award.

 

5.         Delete clause 42, Allowances, and insert in lieu thereof the following:

 

42.  Allowances

 

42.1    Higher Grade Duties Allowance - Wages Classification

 

42.1.1 An employee who is directed to perform for one or more of their ordinary daily working hours, in a position at a higher grade than their substantive grade they will receive:

 

(a)       The minimum of the grade they are acting in; or

 

(b)       If the difference between their substantive rate of pay and the minimum of the acting grade is less than 3% difference, the employee should receive 3% more than the entry level of the grade they are acting in, for the whole of the day.

 

42.2    First Aid Allowance

 

42.2.1 An employee, who holds the First Aid Certificate of the St. Johns Ambulance Association or a Certificate of equivalent status, may be nominated by management as the work areas First Aid Officer to assist with on-site first aid when called upon.

 

42.2.2 Employees in Wages Divisions Classifications who possess the Certificate and are nominated as First Aid Officer will receive an allowance of $2.06 per day.

 

42.3    Crew Leader Allowance

 

42.3.1 This subclause applies to any employees appointed to the position of Crew Leader or Emergency Services Officer (ESO).

 

42.3.2 In recognition of the supervisory duties, these employees will receive an annual allowance of $4,203.  The allowance will increase in accordance with clause 35.4 of this Award.

 

42.3.3 The allowance is paid in addition to the employee’s ordinary wages.  If the Crew Leader or ESO has reached the maximum of Grade B, the allowance is to be applied in addition to this amount.

 

42.3.4 The allowance will be paid weekly (presently, $80.83 per week).

 

42.3.5 The allowance will be paid on all leave types except leave without pay.

 

42.3.6 The allowances does not attract shift penalties as outlined in clause 6.5.7 of the Award.  It will be paid in accordance with clause 42.3.4 above regardless of the type of shift the employee is engaged in.

 

42.3.7 The allowance will be paid as a flat hourly rate (presently, $2.13 per hour) for all hours of overtime worked.  It will not be included in the base rate when calculating overtime.

 

For example: four (4) hours of overtime on Saturday = $2.13 x 4 = $8.52 (the crew leader allowance for Saturday overtime).

 

42.3.8 The following provisions apply in respect of payment of the allowance to employees while acting in Crew Leaders and ESO positions:

 

(a)         Employees acting in Crew Leaders and ESO positions will only receive the allowance when worked as a daily rate.

 

(b)       The allowance is treated as a higher duties allowance as per the Award. 

 

(c)       Clause 8.4 of the Award will also apply (employee must work the day before and after non-worked public holiday to be paid for the public holiday at the higher rate).

 

(d)       The allowance does not attract penalties for shift work or public holidays as outlined in clause 6.5.7 of the Award.  The allowance will be paid at the applicable daily rate (presently, $16.17) regardless of type of shift the employee is engaged in.

 

(e)       The allowance will be paid as a flat rate hourly rate (presently, $2.13 per hour) for all hours of overtime worked. It will not be included in the base rate when calculating overtime.  For example: four (4) hours of overtime on Saturday: $2.13 x 44 = $8.52 (Crew Leader allowance for Saturday).

 

42.4    Assessor Allowance

 

42.4.1             This subclause applies to employees who satisfy each of the below requirements:

 

(a)       are at Grade B; and

 

(b)       have been selected to assess the competency of other employees on plant and equipment; and

 

(c)       must hold the appropriate qualifications, skills and experience to assess employees as determined by the City. 

 

This subclause does not apply to Crew Leaders and ESOs and employees in Grades A, C and D.

 

42.4.2             Employees will be selected through a local EOI process to the work group and will be allocated to the role for a specific period as determined by the City.  The number of assessors required, and the period of time required from each assessor is at the sole discretion of the City.

 

42.4.3             During the period an employee is selected and allocated as an assessor, the employee is required to be willing and able to complete assessments of employees when required by their manager.

 

42.4.4.            In exchange for meeting the above requirements and performing those assessor duties, the employee will receive an annual allowance of $4,203.  The allowance will increase in accordance with clause 35.4 of this Award.

 

42.4.5             The allowance will be paid weekly for the period the employee is selected and allocated to the assessor role.

 

42.4.6             The allowance is paid in addition to the employee’s ordinary wages.  If the employee has reached the maximum of Grade B, the allowance is to be applied in addition to this amount.

 

42.4.7             The allowance is not paid on any leave types.

 

42.4.8             The allowance is not paid during overtime shifts unless the overtime shift is to perform competency assessments during the overtime shift. If the allowance is paid while on overtime the allowance will be paid as an hourly flat rate (presently, $2.13 per hour) for all hours of overtime worked.  It will not be included in the base rate when calculating overtime. For example: four (4) hours of overtime on Saturday: $2.13 x 4 = $8.52 (Assessor Allowance for Saturday).

 

42.4.9             The allowance is treated as higher duties allowance as per the Award.  Clause 8.4 of the Award will also apply (employee must work the day before and after a non-worked public holiday to be paid for the public holiday at the higher rate).

 

42.4.10           The City may end the period an employee is required to be an assessor at any time by providing one (1) days’ notice.

 

42.5    Tools and Tool Allowance

 

42.5.1 Employees in the following groups of tradespersons will be paid tool allowances in accordance with Appendix 2.

 

(a)       Building and Tradesperson required to provide own tools for:

 

i.          French polishing or painting;

 

ii.        Bricklaying or tiling;

 

iii.       Plastering; and

 

iv        Carpentry and/or wood machining work.

 

(b)       Electrical Tradesperson.

 

(c)       Mechanical Tradesperson (including former auto-electrician, fitter, mechanical Tradesperson (special class), motor mechanic, air-condition fitter and field service fitter.

 

(d)       Plumbing/Drainage Tradesperson.

 

(e)       Vehicle Fabricator Tradesperson (including a vehicle body fabricator, panel beater and welder)

 

42.5.2 The Council will provide all necessary tools for employees, with the following exceptions;

 

(a)       Rather than providing all necessary tools, Council may pay the tool allowance prescribed above; and further

 

(b)       Where a Tradesperson is paid the tool allowance, Council will still provide the following tools for each trade as detailed in clause 42.6.3.

 

42.5.3 Trade Tools to be provided by Council

 

(a)       Bricklayer: Scutch combs, hammers (excepting mash and brick hammers) rubber mallets and T squares

 

(b)       Carpenters: Dogs and cramps of all descriptions, bars of all descriptions over 24 inches long, augers of all sizes, star bits, and bits not ordinarily used in a brace, hammers (except claw hammers and tack hammers) glue pots and glue brushes, dowel plates, trammels, hand thumb screws and soldering irons.

 

(c)       Plumbers: Metal pots, mandrills, long dummies, stocks and dies for iron, copper and brass pipes cutters, tongs, vices, taps and drills, ratchets, files, cramps, caulking tools, hacksaws and blades, welding and brazing outfits including goggles where necessary and all shop tools.

 

(d)       Painters: All brushes and dusters

 

(e)       Electricians: All sizes of twist drills, masonry drills, special size wood bits, taps, tap holders, stocks and dies, hammers, other than a 2lb. Ball and claw hammer, all hacksaw blades, files, saws other than keyhole, electric drills, extension equipment spanners, scutch combs, scutch chisel and other expendable tools or equipment which may be required by the employee from time to time to carry out their duties in a satisfactory manner.

 

42.7    Loss of Tools

 

42.7.1 The Council will insure and keep insured against loss or damage by fire or theft whilst on the Council's premises the employee's tools as used by the employee in the course of employment.

 

42.7.2 The Council will provide a suitable and secure weatherproof lockup for the purposes of storing an employee's tools on the job.

 

42.8    Annualisation of Tool Allowances

 

By agreement of the majority of employees (50%+1) in a designated work group, entitlements to tool allowances may be annualised into rates of pay.

 

6.         Delete paragraph 48.2.1 of subclause 48.2, Job Evaluation, of clause 48, Salary Band System, and renumber existing paragraphs accordingly.

 

7.         Delete in Section 5 - Appendices - Appendix 4 - Multi-skilling and Cross-skilling Agreement 1996’ and renumber existing Appendices accordingly.

 

8.         Delete in Appendix 1, Rates of Pay, under the heading ‘WAGES DIVISION’ and insert and in lieu thereof the following:

 

WAGES DIVISON

 

Grade	Salary range
	(effective first pay period on or after 1 July 2019)
	Minimum	Maximum
A	$51,484	$57,977
B	$60,309	$67,913
C	$68,291	$76,907
D	$77,221	$86,962

 

Apprentice Year	Base Annual Wage
	(effective first pay period on or after 1 July2019)
Apprentice Year 1	$33,751
Apprentice Year 2	$38,833
Apprentice Year 3	$44,325
Apprentice Year 4	$49,923

 

Transitional provisions applying to the introduction of the new wage classification structure for the Wages Division (see clause 2 of the Award).

 

(a)       Any employee currently paid above the grade they are placed in as a result of the introduction of the new wage classification structure will become ‘Current Occupant Only’.

 

(b)       Current Occupants Only will continue to receive their current pay.

 

(c)       The following provisions apply to employees who currently receive a "specific allowance" (which relates to shift penalties which have been maintained due to salary maintenance as part of a previous redeployment process):

 

(i)        The specific allowance will be added to their current base salary up to the maximum of their new grade, with any remainder to be paid as an allowance;

 

(ii)       Any employee who is at the top of their new grade and still has a "specific allowance" paid will have the status of Current Occupant Only.

 

(d)       Any employee who received any of the allowances in Part A of Appendix 3 before the variation referred to in clause 2 of this Award in the 2018/19 financial year, the total allowance amount will be added to the employee’s current base annual wage and form part of their current pay for the purposes of subclause (b).  For the avoidance of doubt, these allowances will cease upon the commencement of the new wages classification structure.

 

(e)       Any employee currently receiving the Multi-Skilling Allowance pursuant to the Trades Group Multi-Skilling and Cross Skilling Agreement 1996, the amount of the allowance received will be add to the employee’s current base annual wage and form part of their current pay for the purposes of subclause (b).  For the avoidance of doubt, this allowance will cease upon the commencement of the new wages classification structure.

 

(f)       The following position titles will change as follows:

 

Current Title	New Title
Council Worker Grades 1 -5	Crew Member
Mechanical Tradesperson Multi-skilled (DW5138)	Motor Mechanic
Tradesperson (DW5136)	Motor Mechanic
Drainer (DW4204)	Plumber (licenced)
CSO1/CSO2	Cleansing Crew Member
CSO3/CSO2	Cleansing Crew Operator
Driver Drains Maintenance (DW4265)	Crew Member
Bricklayer/Stonemason	Stonemason
Plumber/Drainer (DW4235)	Plumber (un-licenced)
Tradesperson (DW4234)	Carpenter
Plumber	Plumber (licenced)
Electrician	Electrician (licenced)
Work Coordinator - Road Gang	Crew Leader

 

The Council reserves the right to amend or vary the position titles to meet its business and community needs.

 

(g)       The following provisions apply to the Cleansing & Waste wages staff:

 

(i)        Any employee currently employed in a CSO1 position will be re-titled to Cleansing Crew Member and will fall under Grade A - see Wages Division table at Appendix 1.

 

(ii)       From the making of this award variation there will be no future employment of CSO2.

 

(iii)     Upon the making of this award variation, current employees engaged in CS02 positions will, in discussion with the City, be distributed to Grade A or Grade B positions (over a six month period) based on licence type:

 

•          Current CS02 employees who hold MR/HR licence will be appointed to a Cleansing Crew Operator position in Grade B.  Employees will maintain their current wages in their new Grade.

 

•          Current CSO2 employees who do not hold a MR/HR licence will be appointed to the Cleansing Crew Member position in Grade A.  Employees will maintain their current wages in their new Grade.

 

•          Current CSO1/CSO2 employees who do not hold a MR/HR licence as part of the new structure and want to apply for a Cleansing Crew Operator Grade B role, the City will provide the employee with three (3) months to obtain a HR licence.  The City will pay the cost to obtain that licence.

 

•          Three (3) months following the implementation of the new structure, subject to Cleansing Crew Operator positions (Grade B) being vacant, the City will conduct an internal recruitment process within the Cleansing and Waste Unit as per the City’s Recruitment guidelines.

 

(iv)      Any employees currently paid above the grade they are place in, will become Current Occupant Only.

 

(v)       7-Day roster:

 

•          In implementing the new wage classification structure, the placing of existing employees into grade A and B will not require the employees to move to a 7-Day roster (unless they had already agreed to do so);

 

•          Current employees who are promoted as Cleansing Crew Operator (Grade B) within twenty-four (24) months from 14 February 2020 will not be required to be appointed to a 7 Day Roster (unless already agreed to do so);

 

•          Twenty-four (24) months after 14 February 2020, any employees appointed or promoted as Cleansing Crew Member or Cleansing Crew Operator (Grade A or Grade B) will be required to move to a 7 Day Roster, as per current Award conditions;

 

•          For the avoidance of doubt, new employees may be required by the Council, as a condition of employment, to work a 7-Day roster;

 

•          This subclause (v) does not apply to employee who transfer to, or are promoted to, another business unit outside Cleansing & Waste.  Such employees may be required to work a 7-Day roster if such a roster has been implemented in that unit or relevant work group in that unit.

 

9.         Delete Part A.1 to A.8 of Appendix 3 - General Allowances and Conditions, except the first two paragraphs, in Appendix 3, and insert in lieu thereof the following

 

A.1      Abnormal conditions allowance

 

An employee required to work:

 

(i)        In childcare centres whilst changing nappies shall be paid an additional $0.45 per hour whilst so engaged.

 

10.      Delete subclause B.1 in Part B.

 

11.      Delete subclause C.1 in Part C.

 

12.      Delete Appendix 4- Multi-skilling and Cross-skilling Agreement 1996

 

13.      The variation will take effect from 1 July 2019.

 

14.      The variation to Wages Division - Transitional provisions applying to the introduction of the new wage classification structure for the Wages Division, in subclause (g) of paragraph (v) the second and third subparagraph shall take effect on and from 14 February 2020.

 

 

 

J.V. MURPHY, Commissioner

 

 

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