Crown Employees (Department
of Finance, Services and Innovation) Wages Staff Award 2019
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Department
of Finance and Innovation.
(Case No. 196829 of 2019)
Before Chief
Commissioner Kite
|
5 July 2019
|
AWARD
PART A
1. Arrangement of Award
Clause No. Subject
Matter
PART A
1. Arrangement of Award
2. Definitions
3. Parties
4. Incidence and Period of Operation
5. Workplace Reform
6. Categories of Employment
7. Rates of Pay
8. Allowances
9. Pay Arrangements
10. Hours of Work
11. Overtime
12. Career Development and Training
13. Rostered Days Off
14. Performance Management
15. Relocation Package
16. Leave
17. Grievance and Dispute Resolution
18. Anti-Discrimination
19. Consultative Arrangements
20. Workplace Representatives
21. Deduction of Union Subscriptions
22. Private Use of Business Vehicles
23. Relationship to Awards, Agreements etc.
24. Award Safety Net
25. Leave Reserved
26. Assistance with Public Transport
27. No Extra Claims
Appendix One - Definition, Scope of Work, Level of Skill
and Quality, Safety and General Responsibilities of Staff Members
Appendix Two - Apprentices
Appendix Three - Competency Based Promotion
PART B - RATES, AND ALLOWANCES
RATES
Table 1A - Wages Classification and Salary Schedules
Table 1B - Survey and Spatial Classification and Salary Schedule
Table 1C - Apprentices Classification and Salary Schedule
Table 2A - Wage Related Allowances
Table 2B - Expense Related Allowances
2. Definitions
2.1 "Department" and "employer" means
the NSW Department of Finance, Services and Innovation.
2.2 "Secretary" means the Secretary of the NSW
Department of Finance, Services and Innovation.
2.3 "Wages Staff", "staff"
"staff member" and "employee" means a person engaged under
the terms and conditions of this award by the Department.
2.4 "Award" means any award made pursuant to
the provisions of the Industrial Relations Act 1996.
2.5 "Industrial Agreement" means any Industrial
Agreement made pursuant to the provisions of the Industrial Relations Act
1996, filed with the Industrial Registrar.
2.6 "Enterprise Agreement" means an Agreement
made pursuant to Section 29 of the Industrial Relations Act 1996.
2.7 "Union" means the:
The Construction, Forestry, Mining and Energy Union
(Construction and General Division) NSW Divisional Branch;
Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing
Division, NSW Branch
Electrical Trades Union of Australia, New South Wales
Branch;
The Australian Workers' Union, New South Wales;
having regard to their respective coverage.
2.8 "WH&S" means work, health and safety as
defined by the Work, Health and Safety Act 2011 (NSW).
3. Parties
3.1 This Award has been made pursuant to Section 10 of
the Industrial Relations Act 1996 by the following parties:
The Department of Finance, Services and Innovation.
Industrial Relations Secretary
Construction, Forestry, Mining and Energy Union
(Construction and General Division) NSW Divisional
Branch
Plumbers Union NSW
Electrical Trades Union of Australia, New South Wales
Branch
The Australian Worker’s Union, New South Wales
4. Incidence and Period of Operation
4.1 This Award will apply to all existing and future
wages employees in the Department, engaged under this award. Such employees
are deployed throughout the State of New South Wales as required by the
Department to meet client service obligations.
4.2 This award shall take effect on 1 July 2019 and
remains in force until 30 June 2020 or until varied or rescinded.
4.3 The contents of this Award may be varied in
accordance with Section 17 of the Industrial Relations Act 1996.
4.4 This award rescinds and replaces the Crown Employees
(Department of Finance, Services and Innovation) Wages Staff Award 2018
published 28 November 2018 (383 I.G. 681).
5. Workplace Reform
5.1 The parties to this Award agree that the process of
continual improvement and workplace reform will continue in order to achieve
the business objectives of the Department.
5.2 Workplace Reform includes:
5.2.1 consultation with the parties on implementation.
5.2.2 ensuring equal employment opportunity and recognition
of merit.
5.2.3 an emphasis on developing conceptual and strategic
skills, focusing on value-adding activities.
5.2.4 the redesign of jobs and multi skilling initiatives
following the implementation of the Department’s wage structure.
5.2.5 the elimination of artificial barriers in career paths
and provision of relevant supervisory and managerial training.
5.2.6 benchmarking against comparative private sector
organisations.
5.2.7 making changes to working arrangements through
consultation and cooperation.
5.2.8 workplace communication to ensure there is a clear and
common understanding of Department’s objectives.
5.2.9 innovation and risk taking, within a clearly defined
framework of accountability and ethical behaviour.
6. Categories of Employment
6.1 The usual basis for the engagement of an employee
covered by this Award is as an ongoing employee, unless the employee is
engaged:
6.1.1 for a specified term ("temporary employee");
or;
6.1.2 for the duration of a specified task ("temporary
employee"); or
6.1.3 for duties that are irregular, intermittent,
short-term, urgent or other work as and when required ("casual
employee").
6.2 A person may be engaged as an employee on a full-time
or part-time basis.
6.3 At the time of engagement the employer will inform
each employee in writing of the conditions of engagement, including:
6.3.1 the type of employment;
6.3.2 whether a probationary period applies and, if so, the
expected duration of the period;
6.3.3 whether there are any citizenship or residency
requirements that apply to the position;
6.3.4 whether there are any formal qualifications or
security, health or other clearances that are requirements of the position;
6.3.5 if the person is engaged for a specified term, the
relevant reason or purpose and the specified term;
6.3.6 if the person is engaged for the duration of a
specified task, the task in relation to which the person has been engaged and
the estimated duration of the task; and
6.3.7 a list of the main instruments governing the terms and
conditions of their employment.
6.4 Employees in any classification may be employed as
regular part-time employees for an agreed number of regular hours per week,
which is less than the ordinary hours of duty specified in this Award. Regular
part-time employees will receive, on a pro rata basis, equivalent pay and
conditions to those of a full-time employee. In relation to expense related
allowances, the employee will receive entitlements specified in the relevant
clauses of this Award.
6.5 Proposals for part-time employment may be initiated
by the employer for operational reasons or by an employee for personal reasons.
No pressure will be exerted on full-time employees to convert to part-time
employment or to move to other duties to make way for part-time employment.
6.6 Where a proposal is initiated by an employee, the
employer will have regard to the personal reasons put by the employee in
support of the proposal and to operational requirements.
6.7 The written agreement of a full-time employee will be
obtained before the employee's hours are varied.
7. Rates of Pay
7.1 The classifications and salary rates are set out in
Table 1 - Wages Classification and Salary Schedules of this Award.
7.2 The Definition, Scope of Work, Level of Skill and
Quality, Safety and General Responsibilities for each level is detailed in the
12 Level classification structure, set out at Appendix 1.
7.3 Progression from Level 6 to Level 7 and from Level 10
to Level 11 shall be on the basis of satisfactory performance and the
demonstration of appropriate competency. Such progression shall be on the
determination of the Department.
7.4 Employees required to hold trade certificates, or the
equivalent, for the below named trades shall be paid a Special Allowance for
all purposes of this Award in Table 2A:
7.4.1 Stonemason-carvers in item 28
7.4.2 Electricians in item 29
7.4.3 Plumbers (Welders special) in item 30
8. Allowances
8.1 In general, the conditions of the Crown Employees
(Skilled Trades) Award shall apply to employees except as provided by this
Award. This is to simplify administration and provide consequent savings.
8.2 Specific conditions relating to items listed below
shall operate as provided by this clause:
8.2.1 Excess Fares and Travelling Time
8.2.2 Distant Work
8.2.3 Payment for Loss of Tools
8.2.4 Tool Allowance
8.3 Fares and Travelling Time
8.3.1 An allowance listed in Table 2B item 44, comprising of
an amount for fares and for travelling time, (including the Rostered Day Off)
shall be paid to employees to compensate for fares and travelling time to and
from places of work, provided that only the travelling time component of the
allowance shall be payable if the Department provides, or offers to provide
transport free of charge to the employee and that offer is refused.
8.3.1.1 An employee, who on any day is required to
work at a site away from their accustomed workshop and who shall, at the
direction of the Department, present for work at such site at the usual
starting time, shall be paid this allowance for each such day.
8.3.1.2 Where an employee is sent during working
hours from a shop to a site, or a site to a shop, or from shop to a shop, or
from a site to a site, the Department shall pay all travelling time and fares
incurred in addition to the amounts the Department may be liable to pay under
this clause.
8.3.2 Where an employee is required to use their private
vehicle to transfer from one work site to another during working hours the
employee shall be paid an allowance listed in Table 2 B at item 43.
8.3.3 An employee using a motor vehicle for work must have
for the vehicle a valid Third Party insurance policy and a comprehensive motor
vehicle insurance policy to an amount and in a form approved by the Department.
8.3.4 The provisions of this subclause do not apply to
employees classified as Staff (Wages) Level 8 or above.
8.4 Distant Work
8.4.1 The provisions of this clause apply only to employees
employed in non-metropolitan Departmental Regions. This clause does not apply
to employees employed in the Newcastle, Central Coast, Sydney and Wollongong
metropolitan areas.
8.4.2 For the purpose of this clause, Distant Work is that
in respect of which the distance or the travelling facilities to and from such
places of work make it reasonably necessary that the employee should live and sleep
at some place other than their usual place of residence at the time of
commencing such work. Provided that if the employee, whilst employed on
Distant Work, changes their usual place of residence or any further change
thereof (if made whilst employed on Distant Work) shall be the usual place of
residence for determination whether the work is Distant Work within the meaning
of this clause.
8.4.3 Provided further that after the expiration of four
weeks, this clause shall not apply to an employee who is appointed to work as a
regular employee at a permanent workshop whilst working at such workshop.
8.4.4 While on Distant Work, a majority of employees
concerned and Departmental management may mutually agree that ordinary working
hours may be worked up to a maximum of twelve hours per day on any day of the
week.
8.4.5 Providing that the employees concerned and
Departmental management will mutually agree, in accordance with the
Department’s convenience, whether additional time worked is taken as time off in-lieu
of payment at ordinary rates at either:
8.4.5.1 the completion of the project; or
8.4.5.2 within three months of its being worked; or
8.4.5.3 is paid at ordinary rates.
8.4.6 An employee engaged on Distant Work shall be conveyed
with tools to and from at the Department’s expense. Such conveyance shall be
made only once unless the employee is recalled and sent again to the place of
work when it shall be made each time that this happens, provided that the
return fares and travelling time need not be paid to an employee:
8.4.6.1 who leaves of their own free will; or
8.4.6.2 is dismissed for misconduct
before the completion of the job, before being three
months in such employment, whichever first happens, or is dismissed for
incompetence within one week of engagement.
8.4.7 Time occupied in travelling to and from Distant Work
shall be paid for at ordinary rates, provided that no employee shall be paid
more than an ordinary day's wages for any day spent in travelling unless the
employee is on the same day occupied in working for the Department. The
employee shall be paid to cover the expenses, if any, of reaching home and of
transporting tools, of an amount listed in Table 2B item 47.
8.4.8 On Distant Work the Department shall provide
reasonable board and lodging or pay the allowance amount listed in Table 2B:
8.4.8.1 for each day residing away from the usual
place of residence in item 48 or
8.4.8.2 for each week of seven calendar days in
item 49.
8.4.9 Reasonable board and lodging for the purpose of this
clause shall mean lodging in a well-kept establishment with adequate
furnishings, good bedding, good floor coverings, good lighting, good heating,
hot and cold running water in either a single room or a twin room if a single
room is not available.
8.4.10 Where an employee is engaged upon distant jobs and is
required to reside elsewhere than on site they shall be paid the fares and
travelling time allowance prescribed by this clause.
8.4.11 An employee on Distant Work, after three months continuous
service, and thereafter at three monthly intervals, may return home at the
weekend and shall be paid the fares reasonably incurred in so travelling home
and to the place of work, provided however, that if the work upon which the
employee is engaged will be completed within twenty-eight days after the
expiration of any such period of three months, as hereinbefore mentioned, then
the provision of this subclause shall not be applicable.
8.4.12 The employee shall inform the Department in writing of
subsequent change to the usual place of residence.
8.4.13 If the Department and an employee engaged on Distant
Work agree in writing, the paid Rostered Day Off prescribed in the Award may be
taken and paid for at a time mutually agreed. The agreement shall only apply
for a paid day or days off work up to maximum accrual of five days.
8.4.14 In general terms, the Department’s policy for employees
is that the provisions of the Distant Work Clause apply where the work site is
situated more than 95 kilometres from the Depot or Post Office of the town in
which the employee is based and the employee lives away from home for the
period of the job.
8.4.15 The only exceptions to this rule would be in rare
cases, such as where road conditions or special circumstances make it
unreasonable or uneconomic to apply. In such circumstances local Departmental
management has discretion to apply Distant Work provisions on sites situated
less than 95 kilometres from the Depot or Post Office, subject to written
justification being recorded on the job file and signed by the local
Departmental management representative. The employee must live away from home
to receive payment under these circumstances.
8.5 Payment For Loss of Tools
8.5.1 An employee shall be reimbursed by the Department to a
maximum amount listed in Table 2 B item 50 for loss of tools or clothes by fire
or breaking and entering whilst securely stored at the direction of the
Department in a room or building on Department premises, job or workshop or in
a lock-up or if the tools are lost or stolen while being transported by the
employee at the Department’s direction, or if the tools are accidentally lost
over water or if tools are lost or stolen during an employee's absence after
leaving the job because of injury or illness.
8.5.2 Provided that an employee transporting their own tools
shall take all reasonable care to protect those tools and prevent theft or
loss.
8.5.3 Where an employee is absent from work because of
illness or accident and has advised Department, then the Department shall
ensure that the employee's tools are securely stored during the employee's
absence.
8.5.4 Provided that for the purposes of this subclause:
8.5.4.1 Only tools used by the employee in the
course of their employment shall be covered by this subclause.
8.5.4.2 The employee shall, if requested to do so,
furnish the Department with a list of tools so used.
8.5.4.3 Reimbursement shall be at the current
replacement value of new tools of the same or comparable quality.
8.5.4.4 The employee shall report any theft to the
police prior to making a claim on the Department for replacement of stolen
tools.
8.5.4.5 It is assumed that the Department has
directed staff to store their tools (as detailed above) unless otherwise
directed not to.
8.6 Tool Allowance
8.6.1 Tool Allowances payable to Wages Staff shall be those
set out in Table 2 B:
8.6.1.1 Item 39:
• Carpenter/Joiner
• Stonemason-carver
• Stonemason
• Plumber
• Electrician
• Plasterer
8.6.1.2 Item 40:
• Bricklayer
8.6.1.3 Item 41:
• Slater & Tiler
8.6.1.4 Item 42:
• Painter
8.7 All Purpose Payment in Lieu of Certain Allowances
8.7.1 The provisions of this subclause do not apply to:
8.7.1.1 Wages Staff employees Levels 9, 10, 11 and
12.
8.7.1.2 Wages Staff employees who have no
entitlement to allowances payable under the Crown Employees (Skilled Trades)
Award.
8.7.2 All allowances set out in clauses 4 and 15, other than
the exemptions mentioned below, of the Crown Employees (Skilled Trades) Award
shall not be paid to Wages Staff employees of any Level.
8.7.2.1 Clause 4, Allowances, shall continue to be
paid:
(4) Electricians
(6) Plumber and Drainer
(12) Registration Allowance
(41) Asbestos
(44) Asbestos Eradication
8.7.3 In recognition that employees will continue to work
under circumstances that previously attracted allowance payments pursuant to
the above specified clauses, payments for all purposes of this Award shall be
made. The payments shall be as follows:
8.7.3.1 For all Heritage and Building Services Group
employees and apprentices, other than slaters, plumbers and plumbing
apprentices as listed in Table 2A, item 31.
8.7.3.2 For slaters, plumbers and plumbing
apprentices, as listed in Table 2A, item 32.
(Plumbers and plumbing apprentices will no longer be
able to claim separate payment for chokages or fouled equipment.)
8.7.4 Should circumstances arise where the payment of the
allowance prescribed by this subclause for plumbers becomes consistently
disadvantageous when compared to payment through the claiming of allowances as
set out in the Crown Employees (Skilled Trades) Award, then the Department and
the Union will review the situation. Any result of such a review that results
in the requirement to amend this subclause will be presented as a consent
matter by the Department and the Union.
8.8 Thermostatic Mixing Valves Allowance
8.8.1 An employee who is required by the Department to act
on their thermostatic mixing valve licence shall be paid an amount listed in
Table 2A, item 37, while undertaking inspection and certification of
thermostatic mixing valves.
8.9 Driving Van Allowance
8.9.1 Department Wages Staff employees allocated and
responsible for commercial vehicles containing Departmental plant and
equipment, which are parked at the premises of the employee overnight, shall be
paid a flat allowance per day as listed in Table 2A, item 38. This allowance
is paid daily for each day worked and is not paid for all purposes of this
Award. It shall be treated as a wage related allowance for the purpose of
future increases.
8.10 Allowances Review
8.10.1 Increases in Expense Related Allowances payable under
the Awards listed in clause 8 of this Award shall be paid, as appropriate, to
employees covered by this Award. Payment of increases shall be made from the
same operative date as Award variations.
8.10.2 Expense Related Allowances include:
Tool Allowance
Meal Allowance
Excess Fares and Travelling Time
Distant Work Allowances
8.10.3 Wage Related Allowances shall increase by the same
percentage amount, and from the same operative date, as rates of pay increase
under this Award.
9. Pay Arrangements
9.1 Fortnightly Payment
9.1.1 Employees shall be paid fortnightly.
9.1.2 The Department shall not keep more than five days pay
in hand.
9.2 Leave Loading
9.2.1 Recreation leave loading has been incorporated in
wages through a 1.35% wage adjustment paid under the terms of the NSW Public
Works Wages Staff Enterprise Agreement (1994 - 1995).
10. Hours of Work
10.1 Weekly hours: The ordinary hours of duty for all
full-time employees will be 38 per week, or an average thereof.
10.2 Part-time employees: Part-time employees in any
classification can be employed for less than the ordinary hours of duty
specified in this award for an agreed number of regular hours per week with
conditions and entitlements as provided in the relevant clauses of this award.
10.3 Span of hours: Ordinary hours of duty will be worked
within the limits of Monday to Friday. The commencing and finishing times of
ordinary duty will be determined by the employer.
10.4 Local variations: Commencing and finishing times may
be varied within the limits of 6.00am and 6.00pm Monday to Friday, subject to a
10-hour span for individual employees and a 12-hour span for individual workplaces,
by agreement between the supervisor and a majority of the employees affected.
10.5 Worked continuously: The ordinary hours of duty will
be worked continuously, except for meal breaks. Meal breaks should not be
regarded as breaking continuity.
10.6 Five hour break: an employee should not work for more
than 5 hours without a break for a meal.
10.7 Hours of duty for part-timers: Before part-time duty
commences, notice in writing will specify:
10.7.1 the prescribed weekly hours of duty;
10.7.2 the pattern of hours to be worked including starting
and finishing times for other than shift workers, on each or any day of the
week, Monday to Friday, within the limits of the span of hours specified for an
equivalent full-time employee.
10.7.3 the pattern of hours specified will be no less than 3
hours per day of attendance or an alternative agreed period and will be
continuous on any one day.
10.7.4 the prescribed weekly hours and the pattern of hours
specified under will not be varied, amended or revoked without the consent of
the employee. Any agreed variation to the regular pattern of hours will be
recorded in writing.
10.8 Where a full-time employee is permitted to work
part-time for an agreed period for personal reasons, the notice in writing will
provide for the hours to be varied to full-time hours on a specified date. The
employee will revert to fulltime hours unless a further period of part-time
employment is approved.
11. Overtime
11.1 Overtime provisions, including payment for meals, as
provided by clause 9, Overtime of the Crown Employees (Skilled Trades) Award
shall apply to all employees.
11.2 An employee may opt to take time-off in lieu of paid
overtime at the same rate at which the overtime was accrued, subject to
management agreement. Any such time-off will be taken within an agreed time
and not later than 3 months of the working of the overtime. An employee,
subject to management agreement, may take part time-off in lieu and part
payment for overtime.
12. Career Development and Training
12.1 The Department will provide a career development and
training program designed to contribute to the attainment of corporate
objectives by:
12.1.1 assisting employees to formulate career development
plans which reflect individuals' goals and the needs of the Department.
12.1.2 assisting employees to achieve personal excellence in
work performance in a satisfying, non-discriminatory, safe and healthy work
environment;
12.1.3 ensuring that, on an equitable and appropriate basis,
employees are provided with opportunities to develop required skills.
12.2 The Department is committed to using and developing
the skills of employees through the provision of on-the-job and formal
training, job rotation and formal education to meet identified skills needs.
The Department will consult with the parties in formulating its program.
Approved training will be conducted without loss of
pay.
13. Rostered Days Off
13.1 Rostered Day Off (RDO) provisions, as provided by
clause 2, Hours - Day Workers of the Crown Employees (Skilled Trades) Award
shall apply to all employees along with the following provisions of this
clause.
13.2 The parties agree that employees will be eligible to
take their monthly rostered days off three weeks before or after the industry
RDO. There will be appropriate arrangement and prior agreement between
employees and the Department in determining rostered days off.
13.3 This will result in Department’s projects having
adequate numbers of employees on site to enable work to continue when the
remaining days are taken. No more than three RDO's may be accrued in a
twelve-month period.
13.4 There will be appropriate records kept of the date an
employee has their RDO and of RDO's banked and subsequently used. These
records will be available for perusal by the employee, on request.
14. Performance Management
14.1 The parties to this Award are committed to the
introduction of performance management for employees. As part of this process
a performance management program shall be introduced for all employees
immediately after the making of this Award.
15. Relocation Package
15.1 Negotiated benefits for employees required by the
Department to relocate will be agreed with individual employee prior to
relocation. The benefits will be equal to, or better than, the current
provisions of the Crown Employees (Transferred Officers’ Compensation) Award.
15.2 The package of variable individually negotiated
benefits will be established to compensate for the expenses and associated
dislocation experienced by employees as a result of relocating from one
residential location to another residential location as a necessary consequence
of promotion, transfer (for other than disciplinary reasons) or staff exchange
to a new work location.
15.3 The scope of the package must be defined in broad
terms at the time of acceptance of the new position.
16. Leave
16.1 All Awards, Agreements and Determinations relating to
leave continue to apply to employees with the exception of the subclauses set
out below.
16.1.1 Annual Leave Loading
Annual leave loading was, and is, incorporated in wage
rates through a once only 1.35% wage increase paid under the terms of the NSW
Public Works Wages Staff Enterprise Agreement (1994 - 1995).
16.1.2 Family And Community Service Leave
The Department Head shall grant to a staff member some,
or all of their accrued family and community service leave on full pay, for
reasons relating to family responsibilities, performance of community service
or emergencies. Where possible, non-emergency appointments or duties should be
scheduled or performed outside of normal working hours.
Such cases may include but not be limited to the
following:
Compassionate grounds - such as the death or illness of
a close member of the family or a member of the staff member's household;
Emergency accommodation matters up to one day, such as
attendance at court as defendant in an eviction action, arranging
accommodation, or when required to remove furniture and effects;
Emergency or weather conditions; such as when flood,
fire, snow or disruption to utility services etc., threatens a staff member’s
property and/or prevents a staff member from reporting for duty;
Attending to family responsibilities such as -
citizenship ceremonies, parent/teacher interviews or attending child's school
for other reasons;
Attendance at court by a staff member to answer a
charge for a criminal offence, only if the Department Head considers the
granting of family and community service leave to be appropriate in a
particular case;
Attendance as a competitor in major amateur sport
(other than Olympic or Commonwealth Games) for staff members who are selected
to represent Australia or the State; and
Absence during normal working hours to attend meetings,
conferences or to perform other duties, for staff members holding office in
Local Government, and whose duties necessitate absence during normal working
hours for these purposes, provided that the staff member does not hold a
position of Mayor of a Municipal Council, President of a Shire Council or
Chairperson of a County Council.
The definition of "family" or
"relative" in this clause is the same as that provided in paragraph
26.1 of clause 26 Carer’s Leave of the Crown Employees (Skilled Trades) Award.
The maximum amount of family and community service
leave on full pay which may, subject to this award, be granted to a staff
member shall be in accordance with paragraph (1) or in accordance with
paragraph (2) whichever is the greater:
2½ of the staff member’s working days in the first year
of service and on completion of the first years’ service, 5 of the staff
member’s working days in any period of 2 years; or
After the completion of 2 years continuous service, the
available family and community service leave is determined by allowing 1 days
leave for each completed year of service less the total amount of short leave
or family and community service leave previously granted to the staff member.
If available family and community service leave is
exhausted as a result of natural disasters, the Department Head shall consider
applications for additional family and community service leave, if some other
emergency arises.
If available family and community service leave is
exhausted, on the death of a family member or relative, additional paid family
and community service leave of up to 2 days may be granted on a discrete, per
occasion basis to a staff member.
In cases of illness of a family member for whose care
and support the staff member is responsible, paid sick leave in accordance with
clause 26, Carer’s Leave of the Crown Employees (Skilled Trades) Award shall be
granted when paid family and community service leave has been exhausted.
A Department Head may also grant staff members other
forms of leave such as accrued recreation leave, time off in lieu, flex leave
and so on for family and community service leave purposes.
16.1.3 Sick Leave
All sick leave absences in excess of one day’s
duration, and any sick leave absences that are adjoining to weekends, gazetted
public holidays and Rostered Days Off (RDO) must be supported by a medical
certificate or equivalent legal document, or such absence will be treated as
leave without pay.
For all other aspects of sick leave the Sick Leave
provisions of the Uniform (Ministerial) Leave Conditions apply except that an
employee upon completion of three months service shall be entitled to payment
for sick leave taken in the first three months up to a maximum of five working
days.
16.1.4 Paid Parental Leave
Up to 1 week on full pay or 2 weeks on half pay
parental leave is available to employees who:
otherwise meet the requirements for taking parental
leave as set out in clause 31, General Leave Conditions and Accidental Pay of
the Crown Employees (Skilled Trades) Award; and
apply for parental leave within the time and the manner
determined by the Department Head; and
prior to the expected date of birth or taking custody
have completed not less than 40 weeks service.
The period of paid leave does not extend the current
entitlement of up to 12 months leave, but is part of it.
Parental leave is available to male or female staff.
16.1.5 Paid Maternity Or Adoption Leave
The entitlement and conditions attached to paid
maternity or adoption leave remain unchanged, except that the quantum of leave
will be 14 weeks instead of 9 weeks. Leave may be taken at full pay, half pay
or as a lump sum.
16.1.6 Extended Leave After 7 Years’ Service
Employees with 7 years or more service will be entitled
to take (or be paid out on resignation) extended leave in the usual manner.
The quantum of leave available is that which would have applied if pro rata
leave were granted. For example an employee with 7 years’ service has a long
service leave entitlement of 30.8 working days. Calculations for other periods
of service are set out at Chapter 6-5 of the Public Service Industrial
Relations Guide.
There is no requirement for an employee with 7 or more
years of service to have been terminated or to have left employment because of
illness, incapacity or domestic or other pressing necessity to claim an
entitlement. No repayment will be required if an employee does not reach 10
years’ service.
16.1.7 Double Pay Extended Leave
An employee with an entitlement to extended leave may
elect to take leave at double pay. The additional payment will be made as a
non-superable taxable allowance payable for the period of the absence from
work. The employee's leave balance will be debited for the actual period of the
absence from work and an equivalent number of days as are necessary to pay the
allowance.
For example, an employee with an extended leave balance
of 50 working days wishing to take extended leave at double pay take 25
working days leave from work, reducing their leave balance to 25 days. A
further 25 working days will be debited from the employee balance to cover
payment of the non-superable taxable allowance.
Other leave entitlements, e.g., recreation leave, sick
leave and extended leave will accrue at the single time rate where an employee
takes long service leave at double time.
Superannuation contributions will only be made on the
basis of the actual absence from work, i.e., at the single time rate.
Where an employee elects to take extended leave at
double pay, in most cases a minimum period of absence of 1 week should be
taken, i.e., 1 week leave utilising 2 weeks of accrued leave.
16.1.8 Public Holidays Whilst On Extended Leave
From 1 January 2005, public holidays that fall whilst
an employee is on a period of extended leave will be paid and not debited from
an employee’s leave entitlement.
In respect of public holidays that fall during a period
of double pay extended leave an employee will be not be debited in respect of
the leave on a public holiday.
The employees leave balance will however be reduced by
an additional day to fund the non-superable taxable allowance.
17. Grievance and Dispute Resolution
17.1 Subject to the provisions of the Industrial
Relations Act 1996, all grievances and disputes relating to the provisions
of this award or any other industrial matter 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 within the Department, if required.
17.2 An employee is required to notify, preferably in
writing, their immediate supervisor or manager, as to the substance of the
grievance, dispute or difficulty, request a meeting to discuss the matter, and
if possible, state the remedy sought.
17.3 The immediate supervisor or manager shall convene a
meeting in order to resolve the grievance, dispute or difficulty within two
working days, or as soon as practicable, of the matter being brought to
attention.
17.4 If the matter remains unresolved with the immediate
supervisor or manager, the employee may request to meet the appropriate person
at the next level of management in order to resolve the matter. This
supervisor or manager shall respond within two working days, or as soon as
practicable. The wages employee may pursue this sequence of reference to
successive levels of management until the matter is referred to the appropriate
Group General Manager or their nominated representative.
17.5 If the matter remains unresolved, the Group General
Manager or their nominated representative 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.
17.6 An employee may, at any stage of these procedures,
request to be represented by their union and the Department will agree to such
request.
17.7 Should the matter not be resolved within a reasonable
time, any of the parties may refer it to the New South Wales Industrial
Relations Commission for settlement. The employee, union and Department shall
agree to be bound by any order or determination by the New South Wales
Industrial Relations Commission in relation to the dispute.
17.8 Whilst the procedures outlined in this clause are
being followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties, or, in a
case involving WH&S, if practicable, normal work shall proceed in a manner
which avoids any risk to the health and safety of any Departmental employee or
member of the public.
18. Anti-Discrimination
18.1 It is the intention of the parties bound by this award
to seek to achieve the object in section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity age and responsibilities as a
carer.
18.2. It follows that in fulfilling their obligations under
the dispute resolution procedure prescribed by this award the parties have
obligations to take all reasonable steps to ensure that the operation of the
provisions of this award are not directly or indirectly discriminatory in their
effects. It will be consistent with the fulfilment of these obligations for
the parties to make application to vary any provision of the award, which, by
its terms or operation, has a direct or indirect discriminatory effect.
18.3 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.
18.4 Nothing in this clause is to be taken to affect:
any conduct or act which is specifically exempted from
anti-discrimination legislation;
offering or providing junior rates of pay to persons
under 21 years of age;
any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977;
a party to this award from pursuing matters of unlawful
discrimination in any State or federal jurisdiction.
18.5 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.
18.6 Employers and employees may also be subject to
Commonwealth anti-discrimination legislation.
18.7 Section 56(d) of the Anti-Discrimination Act
1977 provides:
"Nothing in the Act affects .... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
19. Consultative Arrangements
19.1 The parties to this Award will establish a Consultative
Working Party. This Working Party shall generally act to oversee and assist
implementation of the Award and all other industrial matters affecting groups
of employees, but not concerns which are individual in nature.
19.2 The Consultative Working Party shall meet within one
month of the registration of this Award and thereafter on a frequency of every
two months, according to its constitution, or as otherwise agreed between the
parties.
19.3 The Consultative Working Party may form Working Groups
to examine specific issues for report back to the Working Party.
19.4 The Consultative Working Party shall consist of a
total of six Union workplace representatives, reflecting the structure of the
workplace.
19.5 Where possible, each of the main Unions party to this
Award will have at least one workplace representative. The main Unions are:
Construction, Forestry, Mining and Energy Union
(Construction and General Division), NSW Divisional Branch
Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing
Division, NSW Branch.
Electrical Trades Union of Australia, New South Wales
Branch
Australian Workers’ Union, Greater New South Wales
Branch
19.6 Mass Meetings
19.6.1 Mass meetings on paid time, at the most appropriate
Regional or Metropolitan centre, may be held as agreed between the parties.
The Department will not unreasonably withhold agreement to such meetings, with
at least one meeting per year to be held.
19.7 The Department shall consult with the Unions prior to
the introduction of any technological change.
20. Workplace Representatives
20.1 Employees elected as delegates in the Group or
Business Unit in which they are employed shall, upon notification to the
Department, be recognised as accredited representatives of the union(s) and
they shall be allowed the necessary time during working hours to interview
management representatives and the employees whom they represent, on matters
affecting the employees whom they represent.
20.2 Trade Union Training
The Department agrees to provide the appropriate level
of paid Trade Union education leave to wages employee representatives up to a
maximum of twelve days in any two year period, subject to the approval of such
leave being consistent with operational requirements.
21. Deduction of Union Subscriptions
21.1 Subject to an employee making written authorisation,
the Department shall deduct from the employee's remuneration, subscriptions
payable to a nominated industrial organisation of employees and shall pay the
deducted subscriptions to such organisation.
22. Private Use of Business Vehicles
22.1 Employees, in accordance with the Department’s Motor
Vehicle Policy and subject to availability of motor vehicles and management
approval, may use Departmental vehicles for private purposes.
23. Relationship to Awards, Agreements Etc.
23.1 This Award shall be read and interpreted in
conjunction with the Awards and Agreements ("the Instruments")
covering the Department and its employees, provided that where there is any
inconsistency between this Award and the Instruments, this Award shall prevail
to the extent of the inconsistency.
23.2 In particular, allowances and special rates specified
as follows shall continue to operate unless varied by this Award:
Crown Employees (Skilled Trades) Award, clause 4,
Allowances
24. Award Safety Net
24.1 If the NSW Industrial Relations Commission (IRC)
increases the wage rates and allowances in Awards relevant to the Department
which previously applied to an employee's position to an amount above that
payable to an employee under this Award, then the Department will pay the
higher amount in lieu of the wage rates and allowances in this Award.
24.2 Such higher rates shall be paid from the date ordered
by the IRC.
24.3 Should the IRC increase wage rates and allowances in
the Award which previously applied to an employee's position to an amount still
below that payable to an employee under this Award, then the Department will
continue to pay the higher amount set out in this Award in lieu of the Award
wage rates and allowances.
24.4 The wage rate increase of 1.35%, paid for the
inclusion of leave loading in wage rates, shall not be taken into account when
considering the relative wage rates mentioned in the preceding paragraph.
25. Leave Reserved
25.1 Leave is reserved to any party to the award in
relation to the following matters:
25.1.1 The implications of any negotiated outcome between the
parties or arbitrated decision with regard to the Secure Employment Test Case
on employees covered by the award.
25.1.2 The inclusion in the award of a suitable Trade Union
Delegates Activities clause, with specific reference to the provisions existing
within the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2009.
26. Assistance with Public Transport
26.1 The Department will provide funds for the purchase of
yearly rail, bus and ferry tickets (or combinations of these) for employees who
require them.
26.2 Employees will repay the cost of the ticket over 12
months through regular fortnightly deductions from after tax salary.
27. No Extra Claims
27.1 The parties agree that, during the term of this award,
there will be no extra wage claims, claims for improved conditions of
employment or demands made with respect to the employees covered by the award
and, further, that no proceedings, claims or demands concerning wages or
conditions of employment with respect to those employees will be instituted
before the Industrial Relations Commission or any other tribunal.
The terms of the preceding paragraph do not prevent the
parties from taking any proceedings with respect to the interpretation,
application or enforcement of existing award provisions.