CROWN EMPLOYEES (ROADS AND TRAFFIC AUTHORITY OF NEW SOUTH WALES - TOLL
PLAZA OFFICERS) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1817 of 2004)
Before The Honourable
Mr Deputy President Harrison
|
28 July 2004
|
REVIEWED AWARD
1.
Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Hours of
Duty
4. Shift
Allowances
5. Overtime
6. Broken
Shifts
7. Saturdays,
Sundays and Public Holidays
8. Leave
Generally
9. Annual
Recreation Leave
10. Sick Leave
11. Travelling
Allowance
12. Protective
Clothing
13. Mixed
Functions
14. Disability
Allowance
15. Grievance
Resolution
16. Dispute
Settlement
17. Anti-Discrimination
18. Deduction
of Union Membership Fees
19. Area,
Incidence and Duration
Table A - Rates -
Allowances
Appendix A -
Grievance Resolution
2. Definitions
RTA - Roads and Traffic Authority of New South Wales,
constituted under section 46 of the Transport Administration Act 1988.
PSA - Public Service Association and Professional Officers
Association Amalgamated Union of New South Wales.
Employee - A person employed by the RTA at the Sydney
Harbour Bridge as a Toll Plaza Officer on a weekly, casual, part-time or
limited duration basis.
Casual Employee - An employee who is employed for either the
ordinary hours of duty prescribed in Clause 3, Hours of Duty of this Award, or
part thereof, on an intermittent basis as agreed from time to time between the
RTA and the PSA.
In addition to the approved hourly rate of pay, a 15%
loading will be paid to compensate for Sick Leave, Public Holidays not worked,
Family and Community Service Leave and the casual nature of the work. Annual
Leave will be covered by a further payment of 4/52 of the approved hourly rate
of pay inclusive of the 15% loading.
Part-Time Employee - An employee who is employed for a
constant number of hours each week which are less than the ordinary hours of
duty prescribed in Clause 3, Hours of Duty of this Award.
In addition to the approved hourly rate of pay, a 15%
loading will be paid to compensate for Sick Leave, Public Holidays not worked
and the part-time nature of the work. Annual Leave will accrue on a pro-rata
basis.
Limited - Duration Employee - An employee employed during
that period when a weekly employee or a part-time employee is absent on
approved leave for periods in excess of 13 weeks but not exceeding six months.
3. Hours of Duty
(i) The ordinary
working hours shall not exceed eighty per fortnight. Such hours may be worked in not more than ten shifts in each
fortnight; provided that not more than six consecutive shifts shall be worked
in eight consecutive days. A shift may be worked on any day of the week, including
Sunday, during any period of twenty-four hours.
(ii) To suit
traffic requirements or in cases of emergency only, broken shifts may be worked
but in no case shall any portion of a broken shift be for less than three hours
on any day, Monday to Friday, inclusive. Employees shall not be required to
work broken shifts on any Saturday, Sunday or public holiday.
(iii) The shifts
shall be arranged by roster, which shall be posted in such a position that the
employees will be able to keep themselves informed of the shifts to be worked
at least one week ahead.
(iv) The roster
shall, as far as practicable, be arranged to give each of the employees, except
employees working broken shifts, an equal number of Saturdays and Sundays off
duty.
(v) The roster shall,
as far as practicable, be arranged to give each of the employees two
consecutive days off.
(vi) Except in
cases of emergency or on broken shifts, no employee shall be compelled to work
more than five hours without a break by agreement with the PSA.
(vii) The roster
shall be so arranged that at least eight consecutive hours separate the
ordinary shifts to be worked by any employee.
(viii) The method of
working shifts may, in any case, be varied by agreement between the RTA and the
PSA and in any case of general variation where agreement cannot be reached
seven days notice of the alteration shall be given by the RTA to the PSA.
(ix) Except in
cases of emergency, an employee shall not be required to work longer than two
hours in any period without a crib break of twenty minutes which shall include
time spent proceeding from the toll barrier to the paying-in point and return,
but excluding time spent paying-in.
4. Shift Allowances
(i) All time
worked on the afternoon shift shall be paid a shift loading of 12 ½ per cent of
the ordinary rate of pay.
(ii) All time
worked on the night shift, shall be paid a shift loading of 15 per cent of the
ordinary rate of pay.
(iii) Definitions:
"Afternoon Shift" shall be those shifts commencing
at or after 1 pm and before 4 pm, Monday to Friday.
"Night Shift" shall be those shifts
commencing at or after 4 pm and before 4 am, Monday to Friday.
5. Overtime
(i) All time
worked in excess of ordinary shift hours as prescribed in Clause 3, Hours of
Duty, of this award, in any consecutive twenty-four hours or in excess of
eighty hours per fortnight shall be deemed overtime except where such excess is
worked:
(a) by arrangement
between the employees themselves;
(b) for the
purpose of effecting rotation of shifts.
(ii) The following
rates for overtime shall be paid:
(a) time and a
half for the first two hours and double time thereafter for all time worked in
excess of ordinary shift hours;
(b) double time
for all time worked on Sundays; and
(c) double time
and one half for all time worked on public holidays.
(iii) An employee
recalled from his home to work shall be paid for a minimum of four hours work
at overtime rates for each such call.
(iv) Employees who
are required to work overtime in excess of two hours after their usual ceasing
time shall be provided with any meal necessary or be paid the meal allowance
set at Item 1 of Table A, Rates - Allowances.
(v) After each
period of overtime an employee shall be entitled to a rest break, of at least
eight consecutive hours off duty before the commencement of their next ordinary
shift without loss of wages for ordinary working time occurring during such
eight consecutive hours. If employees are recalled to duty during their rest
break shall be paid at the rate of double time until released from duty and
shall then be entitled to a further rest break of at least eight consecutive
hours without loss of wages for ordinary working time occurring during such
rest break.
(vi) Employees
engaged as part-time employees shall be paid overtime at the rates prescribed
in sub-clause (ii), of this clause, for all time worked in excess of eight
hours on each shift.
(vii) The Authority may
require an officer to work reasonable overtime at overtime rates. An officer
may refuse to work overtime in circumstances where the working of overtime
would result in the officer working hours which are unreasonable. For the
purposes of this paragraph what is unreasonable or otherwise will be determined
having regard to:
(a) any risk to
the officer’s health and safety
(b) the officer’s
personal circumstances including any family and carer responsibilities
(c) the needs of
the workplace or enterprise;
(d) the notice (if
any) given by the Authority regarding the working of the additional hours, and
by the officer of their intention to refuse the working of additional hours; or
(e) any other
relevant matter.
6. Broken Shifts
Where the total spread of hours on a broken shift exceeds
ten hours from the time first signed on for duty, on any day or shift, any time
worked in excess of such ten hours shall be paid in accordance with Clause 5,
Overtime.
7. Saturdays, Sundays
and Public Holidays
(i) All ordinary
time worked on Saturdays shall be paid at the rate of time and one-half.
(ii) All ordinary
time worked on Sundays shall be paid at the rate of double time.
(iii) All ordinary
time worked on public holidays shall be paid at the rate of double time and one
half.
(iv) One day shall
be added to the annual leave period of any weekly employee rostered off duty on
a day which is a public holiday prescribed by sub-clause (v), of this clause.
(v) The following days
shall be holidays for the purpose of this award: New Year’s Day, Australia Day,
Good Friday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas
Day, Boxing Day and any day proclaimed in the New South Wales Government
Gazette as a public holiday for the State.
8. Leave Generally
Unless otherwise specified in this Award, leave conditions
for staff covered by this Award will be as contained in the Crown Employees
(Roads and Traffic Authority of New South Wales - Salaried Staff Conditions of
Employment) Award.
9. Annual Recreation
Leave
(i) Weekly
Employees:
(a) Annual leave
of absence for recreation shall accrue, month by month, at the rate of 25
working days per annum.
(b) One day shall
be added to the annual leave period of an employee in respect of any public
holiday prescribed by this award which falls within the period of annual leave
to which they are entitled under this award.
(c) An employee
shall be entitled to be paid in advance for wages which have accrued in respect
of the period for which recreation leave has been approved.
(d) In the case of
an employee leaving the service of the RTA, for any reason, the monetary value
of accrued recreation leave shall be paid not later than the last day of
service.
(e) The RTA may
direct an employee to take, at such time as is convenient to the RTA,
recreation leave for which they are eligible; provided that at least four weeks
notice of the date on which such leave is to commence is given; provided also
that the period between one period of annual leave and the next taken by an
employee shall not exceed 18 months. So far as is practicable, the wishes of
the employee concerned shall be taken into consideration when fixing the time
for the taking of such leave.
(f) Annual leave
loading shall be paid in accordance with the Crown Employees (Roads and Traffic
Authority of New South Wales - Salaried Staff Conditions of Employment) Award.
(ii) Part-time
Employees: A part-time employee shall be paid an annual leave at the rate of
four (4) weeks per annum on the basis of a payment of 4/52 of the ordinary time
worked.
10. Sick Leave
(i) An employee
shall be entitled to sick leave with full pay not exceeding ten shifts in any
one year: Provided that any employee absent on account of sickness shall, if
called upon by the RTA to do so, submit a certificate from a duly registered
medical practitioner or other evidence satisfactory to the RTA of the
employee’s sickness.
(ii) Any sick leave
not taken may accumulate and be available as required in subsequent years of
service.
(iii) The provision
of this Clause shall not apply to a casual employee nor to a part-time
employee.
11. Travelling
Allowance
(i) Where an
employee finishes a shift at a time when normal public transport has ceased
running all fares actually incurred by the employee in travelling to their
place of residence shall be paid within a reasonable time of the presentation
of the employee’s claim.
(ii) Employees
Required to Work Broken Shifts Shall be Paid One Return Fare in Travelling to
Their Home and Return.
12. Protective
Clothing
(i) Uniforms and
protective clothing shall be issued to such employees and on such a scale as is
reasonably required.
(ii) Employees required
to wear a uniform shall be responsible for maintaining such uniforms in a clean
and pressed condition and shall be paid an allowance at the amount per week,
set at Item 2 of Table A, Rates - Allowances, for care and cleaning of uniform
clothing.
13. Mixed Functions
An employee engaged for more than two hours during one day
on duties carrying a higher rate of pay shall be paid the higher rate for such
day; if so engaged for two hours or less during one day the employee shall be
paid the higher rate for the time so worked.
14. Disability
Allowance
A pollution allowance per shift, at the amount set at Item 3
of Table A, Rates - Allowances, shall be paid to all employees for each shift
worked on the Sydney Harbour Bridge.
15. Grievance
Resolution
(a) A grievance is
defined as a personal complaint or difficulty. A grievance may:
relate to a perceived denial of an entitlement
relate to a perceived lack of training opportunities
involve a suspected discrimination or harassment.
(b) The RTA has a grievance
resolution policy and grievance resolution guidelines and procedures which
should be observed when grievances arise.
(c) The RTA’s
policy, guidelines and procedures are detailed in Appendix A.
(d) While the
policy, guidelines and procedures are being followed, normal work will
continue.
16. Dispute
Settlement
(a) A dispute is
defined as a complaint or difficulty which affects more than one staff member.
A dispute may relate to a change in the working conditions of staff that is
perceived to have negative implications for that group.
(b) It is
essential that management and the unions consult on all issues of mutual
interest and concern, not only those issues that are considered likely to
result in a dispute.
(c) Failure to
consult on all issues of mutual interest and concern to management and the
unions is contrary to the intention of these procedures.
1. If a dispute
arises in a particular work location which cannot be resolved between staff or
their representative and the supervising staff, the dispute must be referred to
the RTA's Manager of the Employee Relations Section or another nominated
officer who will then arrange for the issue to be discussed with the unions.
2. If the issue
cannot be resolved at this level, the issue must be referred to senior
management.
3. If the issue
cannot be resolved at this level, the issue may be referred to the Industrial
Relations Commission of NSW
4. While these
procedures are continuing, no work stoppage or any other form of work
limitation shall occur.
5. The PSA
reserves the right to vary this procedure where a safety factor is involved.
17.
Anti-Discrimination
(a) 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.
(b) 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 the effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provisions of the award, which by its terms or operation, has a direct
or indirect discriminatory effect.
(c) 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.
(d) Nothing in
this clause is to be taken to effect:
(i) Any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) Offering or
providing junior rates of pay to persons under 21 years of age;
(iii) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iv) A party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(e) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(1) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(2) 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."
18. Deduction of Union
Membership Fees
(i) The
Association shall provide the employer with a schedule setting out Association
membership fees payable by members of the Association in accordance with the
Association’s rules.
(ii) The
Association shall advise the Authority of any change to the amount of
membership fees made under its rules. Any variation to the schedule of
Association membership fees payable shall be provided to the Authority at least
one month in advance of the variation taking effect.
(iii) Subject to (i)
and (ii) above, the Authority shall deduct Association membership fees from the
salary of any officer who is a member of the Association in accordance with the
Association’s rules, provided that the officer has authorized the Authority to
make such deductions.
(iv) Monies so
deducted from officers’ salary shall be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to officers’ Association membership accounts.
(v) Unless other
arrangements are agreed to by the Authority and the Association, all
Association membership fees shall be deducted each pay period from the
officers’ salary and forwarded to the Association each pay period.
(vi) Where an
officer has already authorized the deduction of Association membership fees
from his or her pay prior to this clause taking effect, nothing in this clause
shall be read as requiring the officer to make a fresh authorization in order
for such deductions to continue.
19. Area, Incidence
and Duration
(i) This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (Roads and Traffic Authority
of New South Wales Toll Plaza Officers) Award published on 5 April 2002 (332 IG
662) and all variations thereof.
(ii) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of New South Wales
on 28 April 1999 (310 IG 359) take effect on and from 28 July 2004.
(iii) The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
Table A - Rates -
Allowances
Item
|
Clause
|
Description
|
Amount
|
|
|
|
($)
|
1
|
5(iv)
|
Meal Allowance on Overtime
|
7.70
|
2
|
12 (ii)
|
Care/cleaning of uniform clothing
|
0.2105/hr
|
2
|
14
|
Disability allowance
|
0.2375/hr
|
Appendix a - Grievance Resolution
Policy:
The Authority's grievance resolution policy provides a
system for handling internal grievances which:
recognises the right of an individual to raise any concern
about work-related issues and expect a prompt and fair response;
encourages appropriate behaviour in the workplace; and
raises and maintains high standards of morale and work
satisfaction by providing a work environment where the full potential of each
staff member can be realised.
All managers and supervisors have a responsibility to
identify and resolve, as far as possible, causes of stress to workers under
their control without waiting for a grievance to be expressed first. Every
staff member has a responsibility to avoid treating co-workers in a way that
will cause distress.
Coverage: All staff.
Delegation: Supervisor.
Enquiries: Human Resources Managers.
File number: CHN I&E 90/2235
Guidelines:
Definitions:
Grievant
The staff member who raises the grievance is referred to as
the grievant. For each grievance there may be one or more grievant.
Respondent
The staff member who is alleged to have acted unfairly or in
a discriminatory manner or is alleged to be the instigator of the cause of the
grievance is referred to as the respondent. There may be more than one
respondent in any one grievance situation.
Grievance Advisers
The role of a grievance adviser is to listen to a grievance,
offer advice and clarify the facts of the matter in order to assist the grievant
to decide upon appropriate action. The grievance adviser may also participate
in any discussions or mediation as a support person but not as an advocate for
the grievant. The grievance adviser does not have responsibility for resolving
grievances through action or decision. This responsibility rests with the
appropriate supervisor or manager.
Staff members holding the following positions within the
Authority have been nominated as grievance advisers to provide individuals with
greater flexibility in seeking advice on any work-related problem:
Human Resources Manager
EEO Manager
Spokeswomen
Women's Liaison Officer
Director of Affirmative Action
Grievance Contact Persons
General Principles of Grievance Resolution
These grievance resolution guidelines are based on the
following general principles:
staff involved in grievance resolution should have access to
training;
whenever possible, the immediate supervisor or manager
should be informed, in the first instance, of the grievance so that appropriate
action can be taken;
staff members must have an appropriate degree of choice
about whom to approach with a grievance and desirably, have a choice of
actions;
grievances can be raised either orally or in writing;
grievances are to be resolved as promptly as practicable;
where a grievance necessarily requires time for
investigation, an initial response advising of proposed action is to be made to
the grievant within two days of the grievance being notified. The investigation
is to be completed within a reasonable time-frame (usually no longer than four
weeks);
all functional managers will handle grievances with
understanding, care and consideration;
the rights of every person involved are protected;
the grievant has control of the resolution process, except
in certain cases, such as, where the Authority may be liable or criminal
charges may be laid;
other staff may become involved in grievance resolution as and
when required or in order to provide specialised assistance or to meet the
special needs of EEO target group members;
the confidentiality and the integrity of every person
involved will be maintained;
victimisation of any person involved is totally unacceptable;
and
wherever possible, resolution should be determined in a way
that is satisfactory to those involved, and most importantly to the grievant.
Interpreters
Language and sign interpreters are available, and should be
used where necessary, at any stage of the grievance process. Only professional
interpreters should be used in order to minimise risks to privacy and of error.
Where a non-professional interpreter raises a grievance on behalf of another
person, eg a friend or colleague, a minimum amount of information to identify
that a complaint is being made should be heard. The non-professional
interpreter may then only continue to play a part as a support person if
requested to do so by the grievant.
External Referral Sources
Staff members have the right to choose whether to use the
internal grievance mechanism or an external body. They may approach either or both at any time during the course of
the grievance. Sources of external assistance are not necessarily limited to
those listed below which are included as a guide only.
Associations/Unions
Anti-Discrimination Board of NSW
Government and Related Employees Appeal Tribunal (GREAT)
Industrial Commission
Ombudsman
Privacy Committee of NSW
If a staff member approaches an external body during the
course of a grievance, the Authority should be advised.
Protection
A grievant is protected against any action for defamation by
the defence of qualified privilege, provided the grievance is raised in
accordance with these established procedures and does not intentionally make a
malicious or substantially frivolous complaint.
Any staff member who carries out grievance resolution in
accordance with established procedures, or is required to prepare a report
concerning another member of staff is protected against any action for
defamation by the defence of qualified privilege provided that they:
act in accordance with these established procedures;
are not actuated by malice;
and
do not publish or make information about the grievance
available to persons who have no legitimate interest in receiving it.
The grievant should not publish or make information
concerning the grievance available to persons who have no legitimate interest
in receiving it.
Documentation
Resolution of grievances should be handled as simply as
possible. Informal notes should be brief, factual and avoid personal opinions.
All parties involved should be given the opportunity to sight and endorse all
material, which should be kept confidential and separate to personal files.
Where the grievance is settled informally within the Authority, the
documentation should be destroyed on settlement. If an external body is used
for a formal settlement, the documentation should be kept for 5 years.
Notations are not to be made on personal files unless a
disciplinary charge has been found proved, in which case the results of the
charge should only be placed on the personal file of the person charged.
Training
Training courses specifically on the resolution of
grievances will be made available to grievance advisers and as many staff
members likely to be involved in the resolution of grievances as possible.
Grievance Resolution
A grievance should only be regarded as satisfactorily
resolved where the outcome is fair having regard to:
any damage and suffering sustained;
the prognosis for the future; and
improvement of the immediate circumstances which gave rise
to the grievance.
The resolution to a grievance must be lawful.
In some cases a final determination may be reached which
does not fully resolve the grievance, or there is no possible action which can
be taken but the parties accept this.
A grievance is also considered concluded although not
resolved when a grievant chooses to withdraw.
In terms of this policy, a respondent has a right to expect
that any penalty or disciplinary action will be appropriate to the degree of
culpability or fault if proven or substantiated, having regard to any damage or
suffering sustained by the grievant, and the potential for future problems.
Appeal Right
Any staff
member who is dissatisfied with
his or her treatment in terms of these procedures may appeal to the Director or
Chief Executive for a re-examination of the decision. This appeal right does
not in any way diminish a staff member's right to seek the assistance or
representation of their trade union or association in the matter.
Procedures:
Any manager, supervisor or grievance adviser consulted by a
grievant should:
listen and be sympathetic to any distress exhibited by the
grievant;
be aware of their own limitations and the grievant's
insecurity and fears as to the possible repercussions of lodging a grievance;
clarify the facts of the grievance;
if acting as grievance adviser, offer counsel and advice and
refer the grievant to an appropriate functional manager. Normally this would be
the grievant's immediate supervisor or manager unless there is good reason for
the referral to be made to a more senior manager. Examples of the latter might
be where the immediate supervisor/manager is absent or is the respondent;
if supervisor or manager, take appropriate steps to investigate and resolve the grievance;
ensure the confidentiality and protection of all parties
involved;
wherever possible, take account of the grievant's wishes for
the process of resolution;
ensure the right of the respondent to be heard before any
decision is made; and
if resolution is not possible, conclude the grievance by
advising the grievant of the reasons, the right of appeal and external options.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.