The City of Sydney Wages/Salary Award 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Local Government and Shires Association of New South Wales.
(Case No. 2018/166690)
Before Chief
Commissioner Kite
|
7 June 2018
|
AWARD
SECTION ONE - COMMON CONDITIONS OF EMPLOYMENT
Part One -
Preliminary Matters
1 Title
2 Leave
Reserved - New Wages Classification Structure
3 Application,
Area, Incidence, Operation and Duration
4 Definitions
5 Terms of
Employment
6 Hours of Work
7 Local
Workplace Agreements
7A Memorandums
of Understanding
8 Public
Holidays
9 Overtime
10 Meal and
Crib Breaks
11 Work Health
and Safety in the Workplace
12 Workplace
Change and Redundancy - Employees commencing on or after 5 November 2009
13 Workplace
Change, Redundancy and Redeployment- Employees commencing before 5 November
2009
14 Anti-Discrimination
15 Competitive
Tendering
Part Three -
Allowances
16 Higher
Duties Allowance
17 Meal
Allowance
18 General
Allowance
19 Travelling
Time & Expenses
Part Four - Leave
Provisions
20 Annual
Leave
21 Sick Leave
22 Personal
Carer’s Leave
22A Flexible Work
Practices Alternative
23 Parental
Leave
23A Family
Reunion Leave
24 Bereavement
Leave
25 Long
Service Leave
26 Accident
Pay
27 Refund of
Sick Leave
28 Payment to
Dependents of Deceased Employee
29 Calculation
of Service
Part Six - Other
Matters
30 Dispute
Settlement Procedures
31 Employee
Representatives
32 Skills
Development and Workplace Training
33 Domestic
Violence Policy
Part Seven -
Salary Systems And Rates Of Pay
34 Principles
35 Pay
Increases
36 Salary
Sacrifice
SECTION TWO - WAGES DIVISION
37 Hours of
Work
38 Terms of
Employment
38 Overtime
40 Shift Work
and Penalty Payments
41 Meal and Crib
Breaks - Ordinary Hours
42 Allowances
43 Annual
Leave Loading
SECTION THREE - SALARY DIVISION
44 Terms of
Employment
45 Hours of
Work
46 Overtime
47 Meal and
Crib Breaks - Ordinary Hours
48 Salary Band
System
49 Allowances
SECTION FOUR - CASUALS
50 Casual
Employment
SECTION FIVE - APPENDICES
Appendix 1 - Rates of Pay
Appendix 2 - Tool Allowances
Appendix 3 - General Allowances & Conditions
Appendix 4 - Multi-Skilling & Cross-Skilling
Agreement 1996
Appendix 5 - 9 Day Fortnight & 19 Day Month Pay System
Appendix 6 - Workplace Change, Redundancy and
Redeployment- Employees Commencing Before 5 November
SECTION ONE - COMMON CONDITIONS OF EMPLOYMENT
PART ONE - PRELIMINARY MATTERS
1. Title
1.1 This Award will
be referred to as The City of Sydney Wages/Salary Award 2017.
2. New Wages
Classification Structure
Leave is reserved for Council to make an application to the
Industrial Relations Commission of NSW to include a new classification
structure for Wages employees to replace that found in Appendix 1 - Rates of
Pay - Wages Division.
3. Application, Area,
Incidence, Operation and Duration of the Award
3.1 This Award is
binding on the Council of the City of Sydney, and the following industrial
organisations:
New South Wales Local Government,
Clerical, Administrative, Energy, Airlines & Utilities Union (trading as
the "United Services Union");
The Local Government Engineers'
Association of New South Wales; and
The Development
and Environmental Professionals’ Association.
3.2 The Award is
binding on all employees of the Council of the City of Sydney except those
employed under the following awards:
South Sydney City Council Wages
Staff Award 2014, as amended or replaced; and
South Sydney City Council Salaried
Officers Award 2014, as amended or replaced.
3.3 The Award does not apply to
senior staff as defined in section 332
of the Local Government Act 1993
(NSW) whose employment is covered by the standard contracts referred to in
section 338 of the Local Government Act
1993 (NSW).
3.4 This Award rescinds and
replaces the provisions of the City of Sydney Wages/Salary Award 2014.
3.5 Operation and Duration of
Award
This Award will take effect on and
from the Commencement Date and shall remain in force for a period of three (3)
years.
4. Definitions
AFTERNOON SHIFT - means ordinary daily working hours which
finish after 8:00pm and at or before midnight, Monday to Friday inclusive
(excluding public holidays) or for those in the Libraries Division, ordinary
daily hours which finish after 9pm and at or before midnight, Monday to Friday
inclusive.
Commencement Date - means 9 June 2018 being the date the
parties agree this Award will take effect (noting the date the Award is made by
the Industrial Relations Commission of NSW may be different).
COUNCIL - means the Council of the City of Sydney and
includes the Chief Executive Officer or any person authorised by the Chief
Executive Officer to act on Council’s behalf.
DISMISSAL - means termination of the services of an employee
for reasons of serious misconduct or breach of discipline.
MEDICAL RETIREMENT - means termination of service with the
Council on account of a medical condition as referred to in Part 2, clause 5.11
and Part 4, clause 21.9.
MORNING SHIFT - means ordinary daily working hours which
commence after 4:00am and before or at
5:30am, Monday to Friday inclusive (excluding public holidays), with the
exception of those in Refuse Collection (but not Street Sweeping) where Morning
Shift means ordinary daily working hours which commence after 4.00am and before
5.30am.
NIGHT SHIFT - means ordinary daily working hours which
finish after midnight or commence after midnight but before 4:00am Monday to
Friday inclusive (excluding public holidays).
ORDINARY RATE OF PAY - means remuneration for the employee's
normal weekly number of hours of work calculated at the employee's rate of pay
in the classification rates of pay detailed in Appendix 1. Ordinary Rate of Pay
shall include, but not be limited to the following allowance where it is regularly
received:
Tool Allowance
PERMANENT SHIFTS means ordinary daily working hours which
are all permanently rostered as either:
(a) Morning Shifts,
or
(b) Afternoon
Shifts, or
(c) Night Shifts,
or
(d) a Saturday and/or Sunday shift each week.
PUBLIC HOLIDAY SHIFT - means the ordinary daily working
hours of a shift where the major portion falls on a public holiday.
RESIGNATION - means voluntary termination of employment by
the employee in accordance with this Award.
ROTATING SHIFT - means a roster in which an employee's
ordinary daily workings hours are rostered on at least 5 of the following
shifts in every 4 weeks:
(a) Morning Shifts, or
(b) Afternoon Shifts, or
(c) Nights Shifts.
or:
(d) Where at least two Saturdays
and/or Sundays in every four weeks are rostered.
ROTATING SHIFT WORKER - means an employee who works Rotating
Shifts.
SATURDAY SHIFT- means ordinary daily working hours the major
portion of which fall between midnight Friday and midnight Saturday.
SHIFT WORK - means ordinary hours of work performed on
Permanent Shifts or Rotating Shifts.
SHIFT WORKER - means an employee who works Permanent Shifts,
Rotating Shifts or is a transferred shift worker in accordance with clause
6.4.9. An employee who performs their ordinary hours of work in the ordinary
spread of hours and days specified in clause 6.3 is not a Shift Worker for the
purposes of this Award.
SUBSTANTIVE RATE - means the rate of pay to which an
employee is appointed to the service of the Council of the City of Sydney.
SUNDAY SHIFT - means ordinary daily working hours the major
portion of which fall between midnight Saturday and midnight Sunday.
UNION - means an Industrial Organisation of employees which
is party to this Award and which covers the particular employee/s concerned in
the service of the Council of the City of Sydney.
NOTE: All other issues are defined as they are drafted in
the relevant clauses of this Award.
PART TWO - EMPLOYMENT ARRANGEMENTS
5. Terms of Employment
Employment will be on either a full-time, part-time,
temporary or casual basis.
5.1 Full-time
Employment
A full-time employee is permanently employed in
accordance with the working hour arrangements specified in this clause and in the
Wages Division Section 2 - clause 37 or the Salaried Division Section 3 - clause
45.
5.2 Part-Time
Employment
5.2.1 A part-time
employee is permanently employed on a regular number of hours which are less
than the full-time ordinary hours.
5.2.2 Prior to
commencing part-time work the employer and employee must agree:
(a) that the employee will work part-time; and
(b) hours, days and start/finishing times; and
(c) the nature of the work to be performed.
5.2.3 A part-time
employee may by agreement, work more than their agreed regular number of hours
at their ordinary hourly rate either on their agreed ordinary days, or on a day
they are not rostered to work, provided that the total number of hours does not
exceed the ordinary weekly number of hours for the position in accordance with
clause 6.1.
5.2.4 Overtime will
apply;
(a) where a
part-time employee is directed to work hours in excess of the hours agreed
under clause 5.2.2 or as varied under clause 5.2.3, such hours will be overtime
and paid for at the applicable overtime rate; or
(b) (b) Where the total hours for the week exceeds the ordinary
hours for the position in accordance with clause 6.1. Any hours paid at
overtime rates will not count towards the ordinary weekly hours specified in clause
6.1.
5.2.5 Part-time working
agreements may be varied in consultation with the employee, and will be stated
in writing with the original retained by Council and a copy provided to the
employee.
5.2.6 Part-time
employees will receive all the conditions prescribed by this Award on a
pro-rata basis of the regular hours worked. An adjustment to accrued leave
entitlements may be required at the conclusion of each service year based on
the proportion of actual hours worked.
5.2.7 A part-time
employee will be paid for public holiday(s) falling on a day(s) which they
would normally have been required to work, and will be paid for the hours
normally worked on that day.
5.3 Temporary
Employment
If a position is vacant or the holder of the position
is sick or absent, Council may appoint a person to the position temporarily.
Temporary appointments will not continue for more than 12 months in accordance
with the Local Government Act 1993
(NSW).
5.4 Term Contracts
5.4.1 The Council may
only employ a person on a term contract of employment in the following situations:
(a) for the life of a specific task or project that has a
definable work activity;
(b) to perform the duties associated with an externally funded
position where the length of the employment depends on the length of the
funding; or
(c) to perform the duties associated with a vacant position
until the vacant position is filled on a permanent basis, provided that the
duration is no longer than is reasonably necessary to undertake recruitment for
the vacant position;
(d) to temporarily
replace an employee who is on approved leave, secondment, workers compensation,
acting in a different position or working reduced hours under a flexible work
and leave arrangement;
(e) to undertake training and work as part of an apprenticeship,
traineeship or student work experience program in conjunction with an education
institution;
(f) to trial a new work area, provided that the duration is no
longer than is reasonably necessary to trial the new work area;
(g) to perform the
duties associated with a vacant position during the intervening period between
when the Council has made a definite decision to introduce major changes in
production, program, organisation structure or technology that are likely to
have significant effects on the employment in the vacant position and the date
that the changes are implemented;
(h) to accommodate time limitations imposed by law or sought by
the employee (e.g. visa restrictions); or
(i)
to perform seasonal work.
5.5 Casual
Employment
Council may engage employees on a casual basis, see Section Four for further details.
5.6 Transfer of
Employees
5.6.1 All employees
covered by this Award may be employed in any part or location of Council’s
organisation as may exist from time to time to meet operational and customer
service needs.
5.6.2 Workplace
Flexibility
(a) The parties to
this Award agree that to provide an efficient and effective level of service,
staffing arrangements must continually address service demands and employees
must be flexible to the City’s requests to perform additional or other duties
as necessary.
(b) To meet service
demands, from time to time, the City may require employees to transfer between
divisions/positions within the same salary band or level.
(c) The transfer of
an employee to a new position will be carried out after considering the job
requirements of the position and the employee’s relevant experience, skills,
abilities and knowledge.
(d) An employee
will not be placed in a position where they are unable or unqualified to meet
that position’s job requirements, unless training opportunities are also
provided. It is the responsibility of the employee to notify the City if they
believe they are unable or unqualified to meet a position’s job requirements.
(e) Subject to the
provisions of clauses 5.9.3, 5.10.4 and 12.10, transferring employees, for the
purposes of this clause will receive their existing rate of pay (i.e. the
employee’s take home pay will not be reduced).
(f) Transfers may
involve changes to duties and functions. Where this occurs, employees may be
required to undertake formal or on the job training to gain necessary skills
and to be able to accept new responsibilities.
(g) Where prior
written approval is given, the City will bear the costs associated with any
training which the employee is requested or required to undertake.
5.6.3 Promotion
(a) Movement from
position to position will be subject to vacancies and will be on the basis of
merit by means of competitive selection process as detailed in Council’s
Recruitment and Selection Policy.
(b) The filling of
all advertised vacancies, whether by internal or external appointment, will be
on the basis of merit.
5.7 Probation
The probationary period will allow Council to ascertain
whether the appointee's work performance meets the standards required. The
period of probation applies to initial appointments with the Council and will
be up to 6 months.
5.8 Employee notice
of Termination
5.8.1 Unless otherwise
provided, an employee will give to the Council the following notice of their
intention to terminate their employment:
(a) An employee in
Salaried Bands 1 to 6 or in the Wages Classification of the Award shall give to
council 2 weeks’ notice of their intention to terminate their employment.
(b) An employee in
Salaried Bands 7 to 10 of the Award shall give to Council 4 weeks of notice of
their intention to terminate their employment.
5.8.2 The council and
an employee may agree to a shorter period of notice for the purpose of this
clause.
5.9 Employer Notice
of Termination
5.9.1 Unless otherwise
provided, the Council shall give to an employee a period of notice of
termination in accordance with the following scale or payment in lieu thereof:
(a) For employees
in Salaried Bands 1 to 6 or in the Wages Classification of the Award the
amounts set out in the following table.
Employee’s Period of Continuous Service
|
Period of Notice
|
Less than 2 years
|
At least 2 weeks
|
2 years and less than 3 years
|
At least 3 weeks
|
3 years and less than 5 years
|
At least 4 weeks
|
5 years and beyond
|
At least 5 weeks
|
(b) For employees
in Salaried Bands 7 to 10 of the Award - 4 weeks’ notice.
5.9.2 The Council and
an employee may agree to a shorter period of notice for the purpose of this
clause.
5.9.3 In cases of
serious misconduct, the council may summarily dismiss an employee following a
proper investigation and provided the employee is afforded procedural fairness.
Where an employee is summarily dismissed, clause 5.8.1 shall not apply.
5.10 Discipline
5.10.1 Where
an employee’s work performance or conduct is considered unsatisfactory and/or
unacceptable to Council, discipline procedures will be promptly implemented.
Council’s Discipline Policy and Procedures will be followed in all such cases.
5.10.2 In
summary, Council’s Discipline Policy and Procedures provides for a step by step
formal warning system. This system will provide all parties with the
opportunity to:
(a) Identify and
discuss problems;
(b) Respond to
allegations with the support and assistance of their Union;
(c) Rectify the
problem; and
(d) Provide
warnings on a verbal and/or written basis as required.
5.10.3 Suspension
of an Employee
(a) At any stage
during this procedure Council may immediately suspend an employee without pay
for a period not exceeding 1 ordinary working week.
(b) Suspension from
duty does not affect continuity of service for the purposes of accruing leave
entitlements.
(c) If, after
investigation, the reasons for suspension are found to be inappropriate, the
employee will not suffer any loss of pay for the period of suspension.
5.10.4 At any
time during this procedure Council will be entitled to regress
the employee to a lower salary rate and/or demote the said employee to a lower
paid position.
5.10.5 Nothing
in this clause prevents Council from terminating an employee’s service in
accordance with Clause 5.8 Employer Notice of Termination and Dismissal of this
Award.
5.10.6 Council
or the employee may request the presence of a Union representative at any stage
in the above procedures.
5.10.7 This
procedure shall not affect either party’s right to institute the Dispute Settlement
Procedures set out in clause 30 of this Award, or to notify the Industrial
Registrar as to the existence of an industrial dispute.
5.10.8 Employees
may have access to their personal files, and may take notes and/or obtain
copies of the contents of the file.
5.10.9 In the
event that an employee is of the opinion that any disciplinary or other record
contained on their personal file is incorrect, out of date, incomplete or
misleading, the employee may make application to the Chief Executive Officer
for the deletion or appropriate amendment of such record.
5.10.10 These provisions do not affect the rights of the Council to
take other disciplinary action before and/or during the above procedures in
cases of misconduct or where the employee’s performance warrants such action.
5.11 Payment of
Employees
5.11.1 For
further information see Wages Division Section 2 - clause 38.3 or Salaried
Division Section 3 - clause 44.3.
5.11.2 Account
Maintenance
(a) All net pays
will be deposited into the employee nominated account at an Australian
financial institution.
(b) Council
reserves the right to limit the definition and number(s) of financial
institutions which can be nominated.
(c) Employees must
supply full and complete details of the nominated account to the Council prior
to the Wednesday before the next payday.
(d) Time off during
normal working hours will not be required by employees, or authorised by
Council for the purpose of obtaining cash or otherwise attending to the
accounts at the nominated financial institution.
5.11.3 Averaging
Pay System
(a) In accordance
with clause 6 (Hours of Work) of this Award and other related clauses, the
following provisions shall apply notwithstanding any other provisions of this
Award. See Appendix 5 for table of 9-day fortnight and 19 day month pay
systems.
(b) The objective
of the averaging pay system is to pay the employee the same average pay for the
same average hours worked per pay period. See clause 6 (Hours of Work)
for further reference.
(c) The extra hours
the employee works in excess of the standard working hours shall be accrued as
a "credit". This "credit" shall be accumulated as offsets
against payments in the period of their pay cycle.
(d) The
"credit" will continue to accrue where an employee is absent from
work on any approved paid leave.
(e) The credit will
not continue to accrue where an employee is absent from work due to any type of
unpaid leave.
(f) In the case of
an employee whose employment terminates on a day other than the last day of a
work cycle and who has been paid under an averaging system of payment, the net
amount of any wages due to or owing by such employee shall be calculated by
bringing into account any debits and any credits in respect of such employee
during the work cycle in which the termination of employment occurs.
5.11.4 Payroll
Deductions
(a) Council may
make payroll deductions as authorised in writing by the employee, or in
accordance with any court, legislative, Australian Tax Office or other valid
order imposing a legal obligation on Council to comply.
(b) Council
recognises that payroll deductions of union dues, in normal circumstances will
not be considered for removal. If the Council considers that exceptional
circumstances exist that would warrant a change to this policy, the Council
will firstly notify the Industrial Relations Commission (IRC) and the affected
Union of any future intention to remove payroll deductions and would maintain
the status quo until such time as the IRC has considered the issues in dispute.
5.12 Medical
Retirement
Following examinations by two medical practitioners,
one of whom may be nominated by the employee, Council may be satisfied that the
employee is permanently medically unfit by reason of illness or injury to
continue in employment. In such cases the Council may retire the employee from
service. If the Employee and Council agree on the opinion of one medical
practitioner, the Council is not obliged to refer the employee to a further
medical practitioner.
5.13 Uniforms and
Clothing
(a) Where Council
requires an employee to wear a uniform during the course of employment, the
Council shall pay the cost of such a uniform.
(b) In any case
where an employee is engaged in any employment, the conduct of which, in the
opinion of Council, is likely to cause abnormal wear or damage to the
employee’s personal clothing, the Council shall provide and pay the cost of
protective clothing. The style, nature, quality and quantity of such clothing
shall be determined by the Council.
(c) Where Council
has provided an employee with safety or protective clothing, including safety
footwear, equipment or other articles, irrespective of whether or not such clothing,
equipment or other articles were issued under the provisions of this clause,
the employee shall wear or use them in such a way as to achieve the purpose for
which they were supplied, which requirement shall be a condition of employment.
In addition the employee shall replace or pay for any such clothing, equipment
or other articles which, in the opinion of the Chief Executive Officer, are
lost or damaged through the employee’s misuse or negligence.
(d) All employees
will comply with safety regulations and wear all safety equipment or clothing
issued by Council at all times and in accordance with the approved and stated
policy of the Council’s Work Health and Safety Committee.
(e) Where an
employee does not comply with the provisions of this clause, the non-compliance
will be dealt with as follows:
The employee concerned will not be permitted to
commence work, and will be sent home to collect the clothing. No pay will be
provided for the period the employee is not at work.
If an employee persistently breaches the provisions of
this clause, the employee will be subject to the disciplinary action in
accordance with the relevant provisions of the Council’s disciplinary policy.
6. Hours of Work
Note: For particular application of this clause see Wages
Division Section 2 - clause 37 or Salaried Division Section 3 - clause 45.
6.1 Hours of work
will be determined mutually between the parties under the following
arrangements:
6.1.1 38 hours per week
Monday to Friday inclusive - 152 hours over a 4 week period; or
6.1.2 36.25 hours per
week Monday to Friday inclusive.
6.2 The above
working hours options may be utilised in accordance with the following options
as they apply to particular classifications.
6.2.1 Flexible Working
Arrangements (Salaried Division only see Section 3 - clause 45.1)
6.2.2 19 Day Month (See
Appendix 5 for further information)
(a) An average of
38 hours per week on the basis of 152 hours within a work cycle not exceeding
28 consecutive days, or on the basis of 19 working days on week days of eight
hours each continuously, except for meal breaks, or as otherwise agreed between
the parties; or
(b) An average of
36.25 hours on the basis of 145 hours within a work cycle not exceeding 28
consecutive days, or on the basis of 19 working days on week days of 7.63 hours
each continuously, except for meal breaks, or as otherwise agreed between the
parties.
6.2.3 9 Day Fortnight -
Notwithstanding anything else provided in this Award, the Chief Executive
Officer and the Secretary of the Union concerned may enter into an agreement
for the adoption of a 9 day fortnight for work groups or teams to operate in
accordance with the City’s policies and guidelines. These policies and guidelines are developed
at the sole discretion of the City and are subject to change from time to time.
The policies and guidelines are not incorporated into this award. A proposal
put forward by the Secretary of the Union will be considered by the CEO.
6.2.4 A 9 day fortnight means working 9 days in each calendar period of 14 days
with daily hours agreed by the parties,
provided that not more than 72.5 hours or 76 hours (whichever applies in
accordance with clause 6.1) is worked in the 14 day period. The time worked
during the period is ordinary hours of duty for the employees concerned.
6.3 Spread of Hours
6.3.1 The ordinary
spread of hours will be from 6.00 am to 8.00 pm Monday to Friday inclusive,
exceptions to this are listed below. Note that the ordinary spread of hours can
only be varied by agreement between the parties.
6.3.2 The exceptions
are as follows:
(a) Refuse
Collection; not Street Sweeping, between 5.30 am and 8.00 pm
(b) Library
Division; between 6.00 am and 9.00 pm
6.4 An employee may
request to work ordinary hours outside the spread of hours detailed in Clause
6.3 for their role at the time of the request, in lieu of the ordinary hours
the employee would otherwise be required to work.
6.4.1 An employee’s
request must be in writing and must specify a period within which the
arrangement is to operate.
6.4.2 The Council will
consider the request in accordance with the Council’s Flexible Working
Arrangement Policy or guidelines as amended from time to time.
6.4.3 If the Council
agrees to the request, the agreement must be confined to the role the employee
is working in at the time the request is made. Any such agreement shall not
apply to new or vacant positions.
6.4.4 Where an employee
requests to work ordinary hours outside the relevant spread of hours the
Council shall not be required to pay a shift penalty for the ordinary hours
worked.
6.4.5 Once the term of
an agreement expires, the parties are not prevented from entering into another
agreement, subject to satisfying the conditions in this clause and the
Council's Flexible Working Arrangement Policy as amended from time to time.
6.5 Shift Work and
Penalty Rates
6.5.1 The ordinary
daily working hours of a Shift Worker shall not exceed 76 hours per fortnight
to be worked as rostered, Monday to Sunday inclusive, provided they will not be
required to work:
(a) More than 11
shifts in 14 consecutive days without payment of overtime; or
(b) Broken shifts.
6.5.2 Shift Workers
will be provided with an interval of at least 8 hours between the termination
of any shift and the commencement of the next succeeding shift.
6.5.3 Clause 6.5.2 will
not apply to former Municipality of South Sydney employees, transferred to the
City of Sydney as a result of boundary changes or amalgamations prior to 8 May
2003, who shall be provided with an interval of at least 10 hours between the
termination of any shift and the commencement of the next succeeding shift.
6.5.4 In order to meet
operational and customer service needs, the Council may introduce Shift Work,
change the Shift Work arrangements or transfer employees between Shift Work and
day work arrangements as needed. Such a change is subject to the following
conditions.
(a) Where a
decision has been made to introduce Shift Work or change existing Shift Work
arrangements, new employees commencing after the decision is made may be
engaged on the new Shift Work arrangement.
(b) Mutual
agreement must be reached with an existing employee before that employee can be
transferred from day work to Shift Work or before a significant change is made
to the existing Shift Work arrangements being worked by the employee, such as
an extension of the days of the week on which the employee's shifts are
performed.
6.5.5 Council must give
a rostered Shift Worker (other than a Shift Worker rostered for relief work) at
least 48 hours clear notice of a change of roster arrangements. If such notice is not given, the employee
will be paid an additional 100% penalty for the first shift worked on the
altered roster.
6.5.6 Start and finish
times of employees may be altered temporarily for periods of up 2 weeks by the
Council giving 7 days’ notice to the effected employee(s) and relevant union by
written communication, with the following conditions:
a) Where 7 days'
notice is given the Council may alter the starting and finishing times by 1
hour on either side of the rostered time.
b) Except in
cases of emergency (to be determined by the Council), if less than 7 days’
notice is provided to change the shift starting and finishing times, the change
will be made by mutual agreement. If no mutual agreement is reached then the
shift time will remain the same. Notice to the relevant union is not required
when there is mutual agreement.
c) The starting
and finishing times may be varied at any time to any starting and finishing
time when there is mutual agreement. Notice to the relevant union is not
required when there is mutual agreement.
d) The penalty
payment specified in clause 6.5.5 will apply when less than 48 hours’ notice of
the change is provided by the Council. The penalty will not apply when the
employee requests the change.
6.5.7 Penalty Rates
The following shift penalty rates will be payable, note
this clause is to be read in conjunction with Clause 4 Definitions:
(a) Rotating Shifts
Morning Shift
|
Monday to Friday inclusive
|
Ordinary Rate of
Pay +
|
|
|
15%
|
Afternoon Shift
|
Monday to Friday inclusive
|
Ordinary Rate of
Pay +
|
|
|
15%
|
Night Shift
|
Monday to Friday inclusive
|
Ordinary Rate of
Pay +
|
|
|
15%
|
(b) Permanent
Shifts
Morning Shift
|
Monday to Friday inclusive
|
Ordinary Rate of
Pay +
|
|
|
15%
|
Afternoon Shift
|
Monday to Friday inclusive
|
Ordinary Rate of
Pay +
|
|
|
15%
|
Night Shift
|
Monday to Friday inclusive
|
Ordinary Rate of
Pay +
|
|
|
30%
|
(c) Weekend and
Public Holiday Shifts
Saturday shift
|
Ordinary Rates of Pay + 50%
|
Sunday shift
|
Ordinary Rate of Pay + 100%
|
Public Holiday shift
|
Ordinary Rate of Pay + 200%
|
(d) Prescribed 32
Hour Week Shift Workers
Perm. Night shift
|
Monday-Friday inclusive
|
Ordinary rates +11.5%
|
Saturday shift
|
Ordinary Rate of Pay + 25%
|
|
Sunday shift
|
Ordinary Rate of Pay + 75%
|
|
Public Holiday shift
|
Ordinary Rate of Pay + 200%
|
|
6.5.8 Payment of Shift
Penalty Rates
Shift penalty rates will be paid, where possible, as an
averaged annual amount to provide employees working
Shift Work with a standardised pay outcome per pay period.
6.5.9 Transfer between
Shifts
(a) Except as
provided for in paragraph (b) of this clause, an employee engaged on day work
who is required, by Council, to transfer to Shift Work shall be paid for all
Morning, Afternoon and Night Shifts worked in the first week of transfer at the
following penalty rates if transferred to a:
i. 38 hour week roster - Ordinary Rates
of Pay plus 50%.
ii. 32
hour week roster - Ordinary Rate of Pay plus 25%.
(b) An employee
engaged in day work, transferred to Shift Work at their own request, or as a
result of having applied for and obtained a position involving Shift Work,
shall not be entitled to additional payments described in this clause.
(c) An employee
engaged in day work, transferred to Shift Work, whether at their
own request or at the initiative of the Council, will on the point of
the transfer, become a Shift Worker for the purposes of this Award.
6.6 Attendance
6.6.1 Notification of
Absence
An employee, who does not report for duty on any day,
for any reason, shall, as soon as practicable to the normal starting time on
that day, notify the Council or its authorised representative as to the reason
for and prospective duration of their absence.
6.6.2 Absent Without
Reasonable Cause
Where an employee is absent from duty without
reasonable excuse, Council may make deductions from salary to recover the time
lost.
6.6.3 Abandonment of
Employment
Where an employee is absent from duty without
permission for a continuous period of 2 normal working weeks, and fails to
provide a satisfactory explanation for the absence, the employee will be deemed
to have terminated their employment by resignation with effect from the first
day of the absence.
7. Local Workplace
Agreements
7.1 The parties agree
to review operations at the workplace level on an ongoing basis with the view
to providing enhanced flexibility and efficiency.
7.2 In agreement
with employees and their representative unions, the City may establish Local
Workplace Agreements (LWA) particular to a specific site or group of employees
to provide improved flexibility and efficiency.
7.3 A LWA may be
negotiated to provide for different conditions of employment than are provided
for in the City’s Industrial Agreements and Awards. As an example an LWA may
change issues relating to: hours of work, Shift Work, overtime, on call, meal
breaks, and allowance payments.
7.4 A LWA may
provide for different conditions of employment where the following requirements
have been complied with:
7.4.1 Employees are not
disadvantaged when the LWA is viewed as a whole;
7.4.2 The majority of
employees affected agree after taking all views into consideration, including
the need to maintain effective working relationships;
7.4.3 The appropriate
Union has been advised prior to commencement of discussions with the employees
concerned;
7.4.3 The LWA is not
contrary to any law or other Enterprise Agreement and does not jeopardise
safety;
7.4.4 The hours of work
cannot be altered so that they exceed the maximum number of ordinary hours
allowed under the Industrial Relations Act;
7.4.5 The LWA will
improve efficiency and/or customer service and/or job satisfaction.
7.5 LWA’s will be
productivity-based. Existing Award provisions will apply unless expressly varied
by such an Agreement.
7.6 LWA’s may
provide for improvements in remuneration and/or conditions linked to
productivity improvements.
7.7 LWA’s will be by
consent, between employees, the City and the relevant Unions (s), where the
parties shall commit in writing and include a date of operation and expiration.
Affected employees will be given the opportunity to vote on any Agreement
proposed by the relevant union(s). In order for the LWA to be accepted, a
majority (i.e. 50% +1) of employees party to the LWA
must vote in favour of it.
7.8 All LWA’s that
have been accepted as per clause 7.7 will be registered with the NSW Industrial
Relations Commission.
7A.
Memorandums of Understanding
7A.1 The City and the
Secretary of the relevant union party to this Award may establish Memorandums
of Understanding (MOU) to apply to the following groups of employees:
7A.1.1 Security
Operators and Security Operations Coordinators employed prior to the
Commencement Date; or
7A.1.2 Security
Operators and Security Operations Coordinators employed on or after the
Commencement Date;
7A.1.3 Shift
Workers in the City Rangers Business Unit; or
7A.1.4 other
specific business units and its employees.
7A.2 A MOU may provide
for different conditions of employment than are provided for in the City’s
Industrial Agreements and Awards in circumstances where:
7A.2.1 Employees
are not disadvantaged when the MOU is viewed as a whole;
7A.2.2 Existing
Award provisions will apply unless expressly varied by such an Agreement;
7A.2.3 Employees
are not obliged to accept the MOU. The MOU will only apply to those employees
who choose to be covered by it. Once an employee has elected to be covered by
the MOU they cannot bring a claim regarding the alternative terms and
conditions in the Award which would apply to them if they were not covered by
the MOU;
7.A.3 The
MOU will operate from the Commencement Date until this Award is replaced or
rescinded.
8. Public Holidays
8.1 Prescribed Days
The provisions of the Public Holidays Act 2010 (NSW) shall apply and the days specified
in the Public Holidays Act 2010 (NSW)
shall be observed as holidays and will be paid at Ordinary Rates of Pay under
this Award. In addition to the days specified in the Public Holidays Act 2010 (NSW) other holidays proclaimed by the
State or Federal Governments shall also be observed and paid at ordinary daily
rates under this Award.
8.2 In addition to
the days provided for in clause 8.1, employees who are Aboriginal and Torres
Strait Islanders shall be entitled to one day during NAIDOC week so that they
can participate in National Aboriginal and Islander Day celebrations.
8.3 Annual Picnic
Day
8.3.1 In addition to
the prescribed holidays identified in clause 8.1 and 8.2, the annual picnic day
for the New South Wales Local Government, Clerical, Administrative, Energy,
Airlines and Utilities Union shall for the purposes of the Award also be
regarded as a prescribed holiday.
8.3.2 The annual picnic
day as advised by the New South Wales Local Government, Clerical,
Administrative, Energy, Airlines & Utilities Union, will be the same day
for all employees and other respondent unions.
8.3.3 Proof of
attendance for the annual picnic day may be required by Council for the payment
for the day to be made (e.g. union listing, produce ticket butt).
8.4 Higher Duties
Where an employee has performed the duties of a higher
position for the full day preceding and following a public holiday, the
employee will be paid for the public holiday at the higher rate.
Note: For further information see Wages Division
Section 2 - clause 42.1 or Salaried Division Section 3 - clause 49.1.
8.5 Absent without
Pay
An employee who is absent without pay on the working
days immediately before and after a holiday will not be entitled to payment for
the holiday.
8.6 Day Off
Excluding where an employee receives an ordinary days
pay under clause 9.8.2 (d)(i), where a public holiday
falls on a ‘day off’ Monday to Friday inclusive for a permanent shift worker or
rotating shift worker whose ordinary working hours include a Saturday or Sunday
under a seven day roster system, the employee will be paid an ordinary days
pay.
9. Overtime
9.1 Requirement to
work reasonable overtime
Council may
require an employee to work reasonable overtime in order to meet the needs and
requirements of the industry, including work on Saturdays, Sundays and public
holidays or Shift Work as necessary.
9.2 Minimum Break
9.2.1 Overtime will be arranged so that an employee
has at least 10 consecutive hours off duty between the ordinary working hours
of successive days.
9.2.2 For overtime worked outside of ordinary
working days the employee must have at least 10 consecutive hours off duty
between overtime shifts and the commencement of ordinary working hours
9.2.3 An employee who does not receive the break
outlined above in clause 9.2.1 and 9.2.2 shall be released after the completion
of such overtime until they have had ten consecutive hours off duty without
loss of pay for ordinary working time occurring during such absence.
9.2.4 If an employee is instructed to resume work
without receiving the ten consecutive
hours off
duty, the employee shall be paid at double the Ordinary Rate of Pay until
released from duty and then shall be entitled to a ten hour break without loss
of pay.
9.3 Eligibility for Overtime
9.3.1 Monday to Friday
Note: For further information on eligibility for Monday
to Friday overtime see Wages Division Section 2 - clause 39.1 or Salaried
Division Section 3 - clause 46.1.
9.3.2 Saturday
Overtime on a Saturday will be paid at time and a half
Ordinary Rate of Pay per hour or part thereof for the first two hours and
double time thereafter, provided that all overtime worked after 12 noon on
Saturday will be paid at double time;
9.3.3 Sunday
All overtime at double Ordinary Rate of Pay per hour or
part thereof. Where 50.1% of a
period of overtime occurs on a Sunday, the whole of the overtime period will be
paid at the Sunday overtime rates.
9.3.4 Time off in lieu
Consistent
with this clause, eligible employees may choose whether to be paid for the
overtime or to take time off in lieu. Time off in lieu will be taken within a
calendar month with the exception that occasions occurring within the last week
of the month will be carried forward to the next month. Other arrangements may
be made by mutual agreement between the employee and their supervisor.
Employees opting to take time off in lieu will be granted the equivalent time
off to the actual hours worked.
9.4 Public Holidays
9.4.1 Where an employee is required to work
ordinary hours on a holiday as prescribed by this Award (where the time worked
falls within the normal working hours were the day not a Public Holiday), the
employee shall be paid treble time inclusive of the ordinary payment for the
holiday. Overtime worked outside these hours on a public holiday will be paid
at treble ordinary rates.
9.4.2 Where 50.1% of a period of overtime occurs on a Public Holiday,
the whole of the overtime period will be paid at the Public Holiday overtime
rates.
9.5 Continuous
Overtime
Overtime worked, on any 1 day, whether in broken periods or otherwise will be regarded as
continuous, except for the purposes
of calculating meal allowance in accordance with clause 17.3.
9.6 Call Back to
Work
9.6.1 An employee is on a call back if the employee
has finished work and without receiving notice before finishing work is
directed to return back to their work location to resume and finish work before
their next normal starting time.
An employee
who is called back to work in accordance with this clause will receive:
(a) A minimum payment equivalent to 4 hours
inclusive of travelling time paid in accordance with clause 9.6.1(b).
(b) The payment will be at the appropriate
overtime rates whether required to work for 4 hours or not.
(c) If more than 4 hours is worked on a call
back, the additional time will be paid by the minute at appropriate overtime
rates.
9.7 Transport
If overtime
finishes at an hour when the usual means of transport to the employee's home
are not available, Council will provide or pay for suitable transport direct to
the employee's home.
9.8 Overtime for
Shift Workers
9.8.1 Except as provided, all overtime worked by a
Shift Worker, either before or after and in extension of their ordinary daily
working hours, will be paid for as follows:-
(a) Monday to Saturday (inclusive)
One and a
half times the Ordinary Rate of Pay per hour or part thereof for the first 2
hours and double time thereafter.
Provided that all overtime worked after 12noon on Saturday will be
double time.
(b) Sundays
All
overtime at double time per hour or part thereof.
(c) Public Holidays
All
overtime worked, as prescribed in this paragraph, on a Public holiday will be
paid at treble the Ordinary Rate of Pay.
9.8.2 Overtime on a
"Day Off"
(a) A Permanent or Rotating Shift Worker
whose ordinary working hours include a Saturday and/or Sunday under a seven
day roster system and who is;
i. required to work overtime on a 'day
off'; or
ii. who has
finished work and is called out to work overtime which commences and terminates
before their next normal starting time,
will be paid
for such overtime at double time per hour or part thereof.
(b) A Shift Worker required to work overtime
on a ‘day off’ whose ordinary hours of work are rostered Monday to Friday will
receive the same rates provided for in clause 9.8.1.
(c) A Shift Worker who is rostered Monday to
Friday and is required to work overtime on a Public Holiday falling on their
day off, will be paid for all hours worked at treble the Ordinary Rate of Pay.
(d) A Permanent or Rotating Shift Worker
whose ordinary working hours include a
Saturday and/or Sunday under a seven day roster system and who is
required to work overtime on a Public Holiday falling on their 'day off' on a
Monday to Friday will receive:
(i) an ordinary day's pay;
(ii) double time for all hours worked up to the
number of hours which are equal to the employee's ordinary daily hours; and
(iii) treble time will
be paid for all hours which are in excess of the hours in (ii).
(e) A Permanent or Rotating Shift Worker who
works Saturday and/or Sunday under a seven day roster system and who is
required to work overtime on a Public Holiday falling on their 'day off' on a
Saturday or Sunday will receive treble time for all hours worked.
9.8.3 Ordinary Working
Hours on a Public Holiday
Time worked
by a Shift Worker on a Public Holiday during what would otherwise be ordinary
working hours will not be regarded as overtime and will be paid for at appropriate
penalty rates.
Note: For
further information see Wages Division Section 2 - clause 39 or Salaried
Division Section 3 - clause 46.
10. Meal and Crib
Breaks
10.1 Meal and Crib
Breaks
10.1.1 Ordinary
Working Hours
(a) Except as provided, the Council will
grant an unpaid meal break of 45 minutes during ordinary daily working hours,
to be taken as directed.
(b) An employee will only be required to work
continuously for more than 5
hours without a meal or crib break in cases of extreme emergency, and in these
instances will be paid at double Ordinary Rate of Pay for all ordinary working
time worked after the expiry of the 5 hour period until such break is granted,
or until normal finishing time whichever is the earlier.
(c) An employee required to commence ordinary
working hours between 5.30
am and 6.00 am (both inclusive) will be granted a crib break of 15 minutes duration before 9.00 am, to
count as ordinary time worked, and taken as directed.
Note: For
further information see Wages Division Section 2 - clause 41 or Salaried
Division Section 3- clause 47.
10.1.2 Shift
Work
(a) A Shift Worker
on Continuous Shift Work will be granted a crib break of 30 minutes per shift.
(b) A Shift Worker
(other than an employee on Continuous Shift Work), will be granted a crib break
of 30 minutes in each Morning, Afternoon, Night, Saturday, Sunday and holiday
shift exceeding 5 hours duration.
(c) Crib breaks
will be taken as directed, will be part of ordinary working hours, and will be
paid for at the rate applicable to the shift upon which the employee is
engaged.
(d) For the
purposes of this clause Continuous Shift Work means work carried out through a
work area roster providing for shifts within twenty-four (24) hours periods for
at least six (6) consecutive days and only interrupted by breakdowns, meal
breaks, or due to unavoidable causes beyond the control of the Council.
10.1.3 Overtime
(a) An employee
directed to work a period of overtime which adjoins the employee's ordinary
working time and extends for 2 hours or more, will be granted a crib break of
twenty minutes each 2 hours of such overtime, to be taken as directed, and paid
at the overtime rate applicable.
(b) Overtime worked
before and after normal finishing time will not be regarded as continuous for
the purposes of this clause, and an employee will not be entitled to payment
for crib time unless the employee is required to continue working after having
taken such crib time.
(c) An employee
directed to work overtime which commences and finishes outside ordinary working
hours, or falls on any day which is not an ordinary working day, will be
granted a crib break of 20 minutes upon the completion of each four hours of
such overtime, which if the employee is required to continue working after such
crib break, will be paid for at the overtime rate applicable.
(d) Council may
direct any employee who becomes entitled to more than1 crib break, to take the
crib breaks in either separate or consecutive periods, but will not require the
employee to work continuously for more than five hours without a' crib break.
(e) In the case
where the needs and requirements of the work so permit, the Council, if
requested by an employee engaged on overtime, may extend the duration of any
crib break to which the employee has become entitled, for a period not exceeding 1 hour to be taken as directed
by Council. If the employee takes such a break then Council shall not be liable
for any time taken in excess of 20 minutes, nor shall such .excess time count
as time worked.
(f) Except as
provided above, in the calculation of overtime crib breaks shall be treated as
part of the time worked.
11. Work Health &
Safety in the Workplace
Work Health & Safety
11.1 The parties to this Agreement acknowledge
that they are mutually responsible for providing a safe and healthy work environment. The parties will work
co-operatively through the Work Health & Safety (WHS) Committee and other
workplace consultative committees to ensure that employees may carry out their
work free from the risk of injury or harm.
11.2 The City will continuously address hazards
in the workplace through implementation of WHS Plans which may be added to or
amended from time to time. WHS Plans will be used to identify, assess and
control workplace hazards through consultation with employees and management.
11.3 The City will put in place and/or instruct
employees on safe systems of work and all employees will comply with those safe
systems of work and use the plant, equipment, and protective clothing provided
safely and in the manner for which it is intended.
11.4 Employees who identify potential risks or
hazards must immediately report the risk or hazard to their immediate
supervisor or WHS Committee.
Rehabilitation
11.5 The City will provide and resource a
workplace based rehabilitation program and rehabilitation co-ordinator in
accordance with Work Cover statutory requirements.
11.6 The City’s rehabilitation program will
ensure that rehabilitation is commenced as soon as practicable following injury
or illness and will ensure that appropriate duties are provided to assist in an
early return to work. Participation in a rehabilitation program will not
prejudice an employee.
11.7 Employees are required to formally notify
their supervisor of any injury or illness as soon as possible. Employees must
attend any medical or rehabilitation assessments required by the City and must
cooperate with the City's directions in respect of the Rehabilitation Program.
First Aid
Officer
11.8 Council must ensure that sufficient First
Aid Officers are nominated in each work area to cover all shift and variable
working arrangements.
12. Workplace Change
and Redundancy - Employees Commencing on or after 5 November 2009
This clause
applies to all employees who commence employment on or after 5 November 2009.
12.1 Council's Duty to Notify
12.1.1 Where Council has made a definite decision to
introduce major changes in production, program, organisation structure or
technology that are likely to have significant effects on employees, the
council shall notify the employees who may be affected by the proposed changes
and the unions to which they belong.
12.1.2 "Significant effects" include
termination of employment, major changes in the composition, operation or size
of the council's workforce or in the skills required, the elimination or
diminution of job opportunities, promotion opportunities or job tenure, the
alteration of hours of work, the need for retraining or transfer of employees
to other work or locations and the restructuring of jobs. Provided that where
the award makes provision for the alteration of any of the matters referred to
herein an alteration shall be deemed not to have significant effect.
12.2 Council's Duty to Discuss Change
12.2.1 Council shall discuss with the employee(s)
affected and the union to which they belong, inter alia, the introduction of
the changes referred to in clauses 12.1.1 and 12.1.2 of this clause, what
affects the changes are likely to have on the employee(s) and measures to avert
or mitigate the adverse changes on the employee(s) and shall give prompt
consideration to matters raised by the employee(s) and/or their union in
relation to the changes and may reconsider its original decision.
12.2.2 The discussion shall commence as early as
practicable after a definite decision has been made by the council to make the
changes referred to in clause 12.1.1 and 12.1.2 of this clause.
12.2.3 For the purposes of the discussion, the council
shall provide to the employee(s) concerned and the union to which they belong,
all relevant information about the changes including the nature of the changes
proposed, the expected effects of the changes on the employee(s) and any other
matters likely to affect the employee(s).
12.3 Discussion before Termination
12.3.1 Where a council has made a definite decision
that it no longer wishes the job the employee has been doing done by anyone
pursuant to clause 12.1.1 and 12.1.2 of this clause and that decision may lead
to the termination of employment, the council shall hold discussions with the
employee directly affected and with the union to which they belong.
12.3.2 The discussion shall take place as soon as it
is practicable after the council has made a definite decision which shall
invoke the provision of clause 12.3.1 of this clause and shall cover, inter
alia, any reasons for the proposed terminations, measures to avoid or minimise
the terminations and measures to mitigate any adverse effects of the
terminations of the employee(s) concerned.
12.3.3 For the purposes of the discussion, the
council shall, as soon as practicable, provide to the employee(s) concerned and
the union to which they belong, all relevant information about the proposed
terminations including the reasons for the proposed terminations, the number
and category of employee(s) likely to be affected and the number of employee(s)
normally employed and the period over which the terminations are likely to be
carried out. Provided that the council shall not be required to disclose
confidential information the disclosure of which would adversely affect the
council.
12.4 Notice to Centrelink
Where a
decision has been made to terminate employees, the council shall notify Centrelink as soon as possible giving relevant information
including the number and categories of the employees likely to be affected and
the period over which the terminations are intended to be carried out.
12.5 Notice of Termination
12.5.1 Five weeks’ notice to terminate or pay in lieu
thereof shall be given
12.5.2 Where an employee is to be terminated because
of the introduction of technology the employee shall be entitled to the
following:
(i) Three
(3) months’ notice of termination or
(ii) Payment in lieu of the notice in paragraph
(i) above. Provided that employment may be terminated
by part of the period of notice specified and part payment in lieu thereof.
(iii) Notice or payment of notice under this
paragraph shall be deemed to be service with the council for the purposes of
calculating leave entitlements under this Award.
12.6 Redundancy
12.6.1 This clause shall apply where an employee is
terminated due to redundancy. Council shall be exempt from the operation of
this clause where the employee concerned has been offered, but has refused to
accept, an alternative position within the council's organisation structure of
comparable skill and accountability levels and remuneration no less than the
position previously held by the employee.
12.6.2 In addition to any required period of notice,
and subject to clause 12.6.1 of this clause, the employee shall be entitled to
the following table:
Completed Years of
Service With Council
|
Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks pay
|
2 years and less than 3 years
|
9 weeks pay
|
3 years and less than 4 years
|
13 weeks pay
|
4 years and less than 5 years
|
16 weeks pay
|
5 years and less than 6 years
|
19 weeks pay
|
6 years and less than 7 years
|
22 weeks pay
|
7 years and less than 8 years
|
25 weeks pay
|
8 years and less than 9 years
|
28 weeks pay
|
9 years and less than 10 years
|
31 weeks pay
|
10 years and thereafter
|
34 weeks pay
|
12.7 An employee who resigns during the period of
notice is entitled to the same redundancy payments provided in this clause as
if they had remained in the council's employment until the expiry of the notice
period.
12.8 During a period of notice of termination
given by the council, an employee shall be allowed up to one day off without
loss of pay during each week of notice for the purpose of seeking other
employment. Where required by the council the employee shall provide proof of
attendance at an interview.
12.9 A redundant employee shall be entitled to
the payment of a job search allowance of up to $2,558 to meet expenses
associated with seeking other employment subject to proof of expenditure or on
production of an invoice, and/or other appropriate documentation. The
employee’s entitlement to claim the job search allowance is limited to a period
of up to 12 months from their termination of service with the council or until
the employee secures alternative employment, whichever is the sooner. Clause
35.4 will apply to this allowance
12.10 If the employee agrees to be redeployed by
council into a lower paid position, the employee's existing salary and
conditions shall be maintained for a period equivalent to the amount of notice
and redundancy pay that the employee would be entitled to under this Award.
Provided that should the employee resign during the period of salary
maintenance, as provided for by this clause, the balance of any notice and
redundancy pay that the employee would have been entitled to for the remainder
of the period of salary maintenance shall be paid on termination.
12.11 The council shall, upon receipt of a request
from an employee to show employment has been terminated, provide to the
employee a written statement specifying the period of the employee's employment
and the classification or the type of work performed by the employee.
12.12 The council shall, upon receipt of a request
from an employee whose employment has been terminated, provide to the employee
an "Employment Separation Certificate" in the form required by Centrelink.
12.13 In the event that council determines that a
position is redundant, council where practicable, shall firstly offer such
redundancy on a voluntary basis.
12.14 Nothing in this Award shall be construed so as
to require the reduction or alteration of more advantageous benefits or
conditions which an employee may be entitled to under any existing redundancy
arrangement, taken as a whole, between the industry unions and the councils
bound by this Award.
12.15 Subject to an application by the Council and
further order of the Industrial Relations Commission of New South Wales,
Council may pay a lesser amount (or no amount) of redundancy pay than that
contained on clause 12.6 above if the council obtains acceptable alternative
employment for an employee.
12.16 Nothing in this clause shall restrict an
employee with ten years’ service or more and Council from agreeing to further
severance payments.
13. Workplace Change, Redundancy and Redeployment
- Employees Commencing Before 5 November 2009
This clause
applies to all employees who commenced employment before 5 November 2009. The
conditions which apply to these employees are set out in Appendix 6.
14. Anti-Discrimination
14.1 It is the intention of the parties to this
Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity and
age.
14.2 It follows that in fulfilling their
obligations under the dispute resolution procedure set out in this agreement
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.
14.3 Under the Anti-Discrimination Act 1977 (NSW), 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.
14.4 Nothing in this clause is to be taken to
affect:
14.4.1 Any conduct or act which is specifically
exempted from anti-discrimination legislation;
14.4.2 Offering or providing junior rates of pay to
persons under 21 years of age;
14.4.3 Any act or practice of a body established to
propagate religion which is exempted under sec 56 (d) of the Anti-Discrimination Act 1977 (NSW);
14.4.4 A party to this agreement from pursuing matters
of unlawful discrimination in any State or Federal jurisdiction.
14.5 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.
15. Competitive Tendering
15.1 Competitive tendering is the calling of
tenders by Council for the provision of services that are currently being
performed by Council employees where Council’s in-house service unit submits a
bid as well as external contractors. Council then makes its decision based on
the tender bids about who will provide the service.
15.2 Prior to making
a decision to competitively tender a service, Council shall notify and
consult with the relevant union(s) which may have members likely to be affected
by the decision.
15.3 Where the Council makes a definite decision
to competitively tender a service, Council shall notify the employees who will
be affected by the proposed tender of such services and the Union(s) to which
they belong.
15.4 Council shall discuss the competitive
tendering process with the affected employees and union(s) and give
consideration to matters raised by employees and union(s) to which they belong.
15.5 Discussions between Council and the affected
employees and the relevant union(s) shall commence as early as practicable
after a definite decision has been made to competitively tender a service.
15.6 For the purpose of the discussion Council
shall provide to the employees and union(s) to which they belong, all relevant
information about the tendering process including the nature of the service to
be tendered, the proposed timetable for the tender service, the expected
effects employees, a process for the formulation of an in-house bid and any
other matters likely to affect the employees.
15.7 Where a contract is won by an in-house bid,
an agreement stating the duration and other relevant terms shall be entered
into.
PART THREE -
ALLOWANCES
16. Higher Duties Allowance
16.1 An employee required to perform the duties
of a position with a base salary rate higher than the employee receives for the
employee’s substantive position, will be paid the difference between their
normal salary and the base rate of the position in the higher salary (in
addition to the employee's normal salary).
16.2 Permanent Appointment and Higher Grade
Duties
Except in
cases where the higher grade is vacant because of Sick Leave, Long Service
Leave, or approved leave without pay, Council, in any case where an employee
has been required to act in a vacant position in a higher salary band for a
period of 3 months, will take the necessary steps to make a permanent
appointment to such position.
Note: For
further information see Wages Division Section 2 - clause 42 or Salaried
Division Section 3 - clause 49.
17. Meal Allowance
17.1 An employee required to work a continuous
period of overtime will be paid a meal allowance as follows:
17.1.1 Overtime in continuance of ordinary working
hours:
(a) $15.61 on
completion of 2 hours; and
(b) A further
$15.61 on completion of each subsequent 4 hours thereafter.
17.1.2 Overtime which commences and
terminates outside of ordinary working hours:
(a) $15.61 on
completion of 4 hours; and
(b) A further
$15.61 on completion of each subsequent 4 hours thereafter.
17.2 An employee required to
work overtime in connection with a meeting of the Council or a Committee
of the Council beyond 5:45 pm on any day, Monday to Friday inclusive, will be
paid a meal allowance of $15.61 but will not be entitled to a further meal
allowance until the completion of four hours overtime.
17.3 Continuity of Overtime
17.3.1 For the purpose of calculating meal allowance:
(a) A crib break or a meal break is not an
interruption to the continuity of overtime.
(b) for positions
covered by Salary Division bands, overtime worked both before normal starting
time and after finishing time, in extension of ordinary working hours, will be
treated as separate overtime periods.
(c) For positions covered by Wages Division
classifications, overtime worked in several separate periods outside ordinary
working hours shall be regarded as continuous.
18. General Allowances
18.1 Annualisation of
Allowances
18.1.1 By agreement of the majority of employees in a
designated work group, general allowances may be annualised into rates of pay.
Those allowances are detailed in this clause and in Appendix 3.
18.1.2 PART A of Appendix 3 contains allowances that may be
annualised into rates of pay for employees in a Wages Classification of this
Award.
18.1.3 Clause B.1 of Part B of Appendix 3 contains
allowances that may be annualised into rates of pay for employees in a Wages
Classification of this Award but pertain to duties that are not being performed
by employees as at the date of this Award.
18.1.3 Clause B.2 of Part B of Appendix 3 contains
allowances that may be annualised into rates of pay for employees in a Salaried
Classification of this Award but pertain to duties that are not being performed
by employees as at the date of this Award.
18.2 On-Call Allowance
18.2.1 An employee who is at Salary Band 5 or below or
in the Wages Classification of this Award and is directed by Council to be available for emergency
and/or breakdown work, outside the employee's ordinary working hours will be
entitled to an on call allowance, with
the following conditions:
(a) When on call the employee is required,
upon receiving a call out, to proceed directly to and from the job;
(b) When on call the employee will be
contactable, and physically able to respond to a call within a reasonable time
considering the nature of being on call for emergency and breakdown situations;
(c) An employee on call will not be required
to be constantly available beyond a period of 4 weeks where other employees are
available. Where other employees are not available, the employee concerned will
have at least 1 weekend (2 consecutive days) off duty in each period of 4
weeks, without reduction of the allowance paid;
(d) A call out is that period from the time
the employee receives a call(s), to the time the employee finishes work in
connection with such call(s) and arrives at home or other authorised place, and
includes the work involved in any further call(s) for service which the employee may receive whilst
out on duty or upon arrival at home or such other authorised place, the
recording of information relating to the work, and all other actions necessary
to satisfactorily complete the work;
(e) On call shall not include periods of
pre-arranged overtime;
(f) An employee required to work during the 8
hours immediately preceding their usual starting time, may defer the starting
time by a period up to the actual time worked;
(g) The payment of this allowance will be
calculated on a daily basis. Where the on-call requirement covers more than 1
day the majority of the day on which the call out occurs will form the basis
for payment.
(h) The on call allowance will be $8.43 per
day Monday to Friday, and $16.86 on Saturday, Sunday and Public Holidays;
(i) In addition
to the prescribed allowance, the employee will be paid double the Ordinary Rate
of Pay for the time required to complete each call-out, with a minimum of 1
hour for each call out;
(j) Where the employee is required to work
on a roster, the allowance will be divided by the proportion of the number of
weeks on duty in any rolling period and paid in equal amounts for each week in
such period; provided that an employee who is required to perform extra duty at
any time during the employee's usual rostered off period shall receive payment
for such extra duty, in accordance with this clause, in addition to the amount
calculated in accordance with this sub-clause;
(k) Emergency and/or breakdown work includes
returning to safe and proper operating conditions any plant and equipment which
has failed, or is likely to fail, in service, and/or performing maintenance
work which is of such an urgent nature that if not carried out or temporary
repairs are not affected, may have serious consequences for Council's
operations. It also includes emergency work related to alleviating distress or
hardship, and without limiting this generality includes noise complaints, and
matters related to public health and safety;
(l) The employee will be granted an
additional day’s annual leave for each public holiday required to be on call.
(m) An employee who is in receipt of an on
call allowance and is directed to be available to:
i. Respond
to phone calls or messages;
ii. Provide advice over the phone;
iii. Arrange call out/rosters of other
employees; and
iv. Remotely monitor and/or address issues by
remote telephone and/or computer access
will be paid
at their Ordinary Rate of Pay for the hours worked with a minimum payment of
two hours, providing that any subsequent work performed remotely within the two
hour period shall not attract an additional payment.
(n) Notwithstanding the qualifying provisions
outlined above, Employees at Salary Band 6 or above who received on call
allowance 'prior to the making of this Award may continue to receive the
allowance for six months after the making of the Award.
18.3 Travelling Allowance for Official Business
18.3.1 An employee required to travel inter or intra
state for official business shall be entitled to the provisions of Council's
travel and conference policies.
18.3.2 Where an employee is required to work overtime
while being paid this allowance the meal allowance provisions at clause 17 will
not apply.
18.4 Community Language & Signing Work
Allowance
18.4.1 Where an employee is required to provide a
language service to speakers of a language other than English, or to provide
signing services to those with hearing difficulties as a regular part of their
normal duties, the employee shall be paid an allowance of $18.44 per week,
which shall be a flat-rate allowance (i.e. not paid for all purposes).
18.4.2 This work will require the employee to act as a
first point of contact for people requiring these services. The employee
identifies the customer's area of inquiry and provides necessary assistance to
successfully conclude the customer service requirement.
18.4.3 The allowance will only be paid to an employee
where the need is specified as an essential requirement of the employee’s
position description and/or this service requirement for an employee has been
approved by the Director Workforce and Information Services.
19. Travelling Time and Expenses
19.1 The provisions of clause 19 do not apply to:
19.1.1 Employees employed prior to the Commencement
Date in the previous classifications, grades and levels of Refuse Collection
and Disposal Group which is now known as the Cleansing and Waste Unit;
19.1.2 Employees whose substantive role is outside the
Cleansing and Waste Unit in respect of any period when they perform work for
the Cleansing and Waste Unit in the Cleansing and Waste classifications; or
19.1.3 Any employee who commences employment on or
after the Commencement Date.
19.2 For all other employees, the time occupied
in travelling to and from work in accordance with clause 19.6, 19.7, 19.8 and
19.9 will be paid at the following rates:
19.2.1 Monday to Friday inclusive, except Public
Holidays - ordinary rates.
19.2.2 Saturdays, Sundays and Public Holidays - time
and a half ordinary rates.
19.3 Council is not liable for travelling time in
excess of three hours at the appropriate rate.
19.4 Travelling expenses reasonably and
necessarily incurred in accordance with clause 19.2 will be reimbursed, based
on expenses which are or would be incurred in travelling by normal means of
public transport. Council is not liable for travelling expenses in excess of
$15.09 on any day.
19.5 Travelling expense rates will be adjusted
(up to the nearest ten cents) in line with variations to metropolitan public
transport ticket prices.
19.6 An employee required, for the purposes of
ordinary working hours, to travel between abode and place of employment a fixed
number of times in each pay period, and who is required to travel in excess of
such number of times, will be paid for the time occupied in such excess travel.
19.7 An employee required to work at a location
outside the boundaries of the City will be paid the additional time spent
travelling between home and the location which is in excess of their normal
home to work travelling between the Town Hall, Sydney and home (to a maximum of
3 hours). The employee will also be entitled to travelling expenses calculated
on the same basis. This payment will be provided for 6 months only.
19.8 An employee required to work at a location
which is not their normal place of work
within the boundaries of the City will be paid for the time spent travelling
between the location and home where it is more than 20 minutes otherwise spent
travelling between the Town Hall, Sydney and home. This payment will be
provided for 6 months only.
19.9 An employee who is required to commence
and/or cease duty at a location other than the workshop or depot they are
normally attached to, will be reimbursed for any additional expenses incurred
in travelling between home and such location.
PART FOUR - LEAVE
PROVISIONS
20. Annual Leave
20.1 Four weeks annual leave
An employee
is entitled, at the end of each year of service, to 4 ordinary working weeks
annual leave, or the hourly equivalent thereof, exclusive of public holidays,
observed on an ordinary working day, or during the period of annual leave in
the case of a Shift Worker or an employee whose ordinary working hours include
a Saturday or Sunday.
20.2 The annual leave should be given and taken
by agreement between the employee and their supervisor in one consecutive
period, or in as close to one consecutive period, in order to complete weeks of
the work cycle. Periods of annual leave of less than 1 full working week may be
approved, but will not exceed a total of five ordinary working days in any one
service year.
20.3 A part-time employee is entitled to an
annual leave on a pro-rata basis to the equivalent full time entitlement.
20.4 Where a public holiday occurs during any
period of annual holidays taken by an employee, the annual leave period shall
be increased by 1 ordinary working day, or for Shift Workers the next
succeeding shift.
20.5 Pay in advance for annual leave
The
employee may elect to be paid in advance, provided that the minimum period of
annual leave that will be paid in advance is 1 whole pay period.
20.6 Higher Rates of Pay for Annual leave
If the
employee has received higher duties allowance or extra duties allowance for at
least 3 months immediately preceding the taking of leave, and has not ceased to
do such work for a period, or a total of several separate periods exceeding the
employee's ordinary working week in the higher position the employee shall be
paid for the period of annual leave at the salary or wage applicable to the
higher duties or extra duties.
20.7 Annual Leave Loading
Annual
leave loading shall be paid as a component of ordinary salary for employees and
is reflected in the rates of pay detailed at Appendix 1. (See Wages Division - Section 2, clause 43).
20.8 Payment of Annual Leave on Termination
Upon leaving
the Council for any reason, employees will be paid their total balance of
annual leave as at the date of termination of services.
20.9 Notice to take Annual Leave
(a) The annual leave shall be given by
Council, and shall be taken by the employee within 12 months of the date the
leave accrues. This leave may be postponed, by mutual agreement, for up to 24
months of service from the date of accrual in any case where circumstances
render such postponement desirable or necessary.
(b) Council may roster the taking of annual
leave.
(c) Where the Council rosters the taking of
an annual holiday, Council will give at least 2 months’ notice of the date the
annual leave is to be taken.
20.10 Leave with pay for Commonwealth or State
sporting representation
An employee
selected to represent the Commonwealth or State in sport, may be granted leave
with pay under this clause for a period not exceeding 4 weeks. Where this leave
is granted, the leave shall be deducted from annual leave accrued to the
employee within the ensuing 12 months under the provisions of this clause.
21. Sick Leave
21.1 Employees who are unable to work due to:
21.1.2 Illness or injury (except injury covered by
Worker's Compensation);
21.1.2 A visit to a qualified medical practitioner to
obtain advice or treatment; or
21.1.3 Restrictions imposed by Commonwealth or State
Law in respect of contact with a person suffering from an infectious disease,
shall be
entitled to the following cumulative sick leave provisions. The entitlement to
sick leave used as personal carer's leave shall be in accordance with Award clause
22 - Personal Carer's leave provisions of this Award.
Required Length of Service
|
Entitlement
|
On
commencement of employment
|
10 days
|
On completion
of the first year of service
|
15 days
|
On completion
of each year of service thereafter Provided that
|
15 days
|
for the fifth
and each subsequent year of service completed on or
|
18 days
|
after
1/1/82, the Council shall credit the employee with 18 days sick leave with
pay.
|
|
21.2 The above entitlements are subject to the
following conditions:
21.2.1 Sick leave entitlements shall be cumulative
from year to year so that any balance of leave not taken in any one year may be
taken in subsequent years; and
21.2.2 Council shall be satisfied that the illness or
injury is such that it justifies the time off work; and
21.2.3 The illness or injury does not arise from
engaging in professional (fee/monetary gain) sport activities; and
21.2.4 Proof of illness shall be provided where
an employee's period of absence is in excess of 2 ordinary working days or
after 3 unsupported periods of absence each not exceeding 2 days; unless:
(1) The Council
otherwise requires the employee to provide proof of illness or injury having
regard to the employee’s pattern of sick and/or amount of sick leave taken by
the employee, and
(2) The Council has
provided the employee with prior written notice of the requirement to provide
proof of illness or injury.
21.2.5 The type of proof of injury or illness required
by the Council must be reasonable having regard to the circumstances of the
Council and the employee and may include, for example, certification from a
qualified medical/health practitioner registered with the appropriate
government authority or statutory declaration, dated no later than the 3rd day
of the employee’s illness or injury, in accordance with Council guidelines.
21.2.6 When requested, proof of illness shall indicate
the employee's inability to undertake their normal duties.
21.2.7 When a Certificate from a qualified
medical/health practitioner registered with the appropriate government
authority is required, the certification shall clearly state the:
(a) Name of the employee;
(b) Date of the first consultation with the
medical practitioner;
(c) Period for which the employee is unfit
for work; and
(d) Signature and qualification of the person
issuing the certification.
21.3 Where an employee is on annual or long
service leave and immediately on return from leave, gives to Council appropriate
medical certification of illness or injury, that has led to their
hospitalisation or inability to undertake any recreational activity for a
period of at least 7 consecutive days, the employee shall be re-credited annual
or long service leave and debited sick leave equivalent to the period for which
they were hospitalized or unable to undertake recreational activity.
21.4 Notification of Absence
An
employee, who does not report for duty on any day for any reason, shall, as
soon as practicable, to the normal starting time on that day, notify the
Council or its authorised representative as to the reason for and prospective
duration of their absence. This clause should be read in conjunction with clause
6.6 (Hours of Work Attendance).
21.5 Public Holidays shall not be counted as sick
leave as provided for in this clause.
21.6 Where an employee is receiving a higher
grade duties allowance and has been in receipt of the allowance for a period of
3 months or more the employee shall be entitled to the higher rate of pay while
on sick leave for a maximum period of 20 working days.
21.7 Council Assessment
Council, at
any time, may require employees to attend a qualified medical practitioner
nominated by the Council at council's cost to assess the employee's fitness for
work.
21.8 In the event of an employee disputing the
certificate of Council's nominated medical representative under the provisions
of this clause, a duly qualified medical practitioner shall be sought as a
referee. The medical practitioner shall be agreed upon by the Chief Executive
Officer of Council and the Secretary of the relevant Industrial Organisation.
The certificate of the referee medical practitioner shall be accepted by all
parties as final and conclusive as to the matter in dispute. Fees for the
referee:
Shall be
paid by Council if the decision of the medical referee is in favour of the
employee; or
Shall be paid by the employee if the decision is against them.
21.9 Payment of Accrued Sick Leave Provisions on
Termination
21.9.1 Medical Retirement
Following
examinations by two medical practitioners, one of whom may be nominated by the
employee, Council may be satisfied that the employee is permanently medically
unfit by reason of illness or injury to continue in employment. In such cases
the Council may retire the employee from service. If the employee and Council
agree on the opinion of one medical practitioner, the Council is not obliged to
refer the employee to a further medical practitioner, provided that in any case
where the Council desires to retire an employee before the employee has
exhausted their sick leave with pay, the Council shall pay to the employee for
all accrued sick leave with pay to which the employee would be entitled to, but
not exceeding:
(a) For those employees of the Council as at
11 February 1980, a maximum of:
2,394 hours
in the case of an employee whose ordinary working hours average 38 per week
over a work cycle; and
2, 283.75
hours in the case of an employee whose ordinary working hours average 36.25 per
week over a work cycle;
In all,
which shall include such sick leave taken immediately preceding the date of
retirement; and
(b) For those employees employed on an after
12 February 1980 and prior to 14 February 1993, a maximum of:
1,976 hours
in the case of an employee whose ordinary working hours average 38 per week
over a work cycle; and
1,885 hours
in the case of an employee whose ordinary working hours average 36.25 per week
over a work cycle,
In all, which shall include such sick leave taken immediately preceding the
date of retirement.
(c) The number of ordinary working days or
hours, as the case may require, for which the employee otherwise would be
entitled to payment of salary between the date of proposed retirement on the
grounds of ill health and the date upon which the employee normally would be
required to terminate their service with the Council; whichever of (a) or (b)
is the lesser, provided further, that where the employee is satisfied to accept
the opinion of such medical representative of the Council, the Council shall
not be obliged to refer the employee to a specialist.
21.9.2 Retirement
In the case
of an employee who agrees to accept retirement:
(a) Other than in terms of this clause; and
(b) Has reached an age of fifty-eight years
(58);or
(c) The retirement age specified from time to
time in the State Authorities
Superannuation Act 1987 (NSW);
the
employee shall be paid the monetary value of all accumulated untaken sick leave
standing to their credit (i.e. that accrued prior to 14 February 1993 in accordance with the Industrial Relations Act 1996), at the
date of such retirement subject to 'such payment not exceeding a maximum
entitlement of:
(d) 1,976 hours untaken sick leave in the case of an employee whose ordinary
working hours average 38 per week over a work cycle; and
(e) 1,885 hours untaken sick leave in the
case of an employee whose ordinary working hours average 36.25 per week over a
work cycle;
which shall
include any such sick leave paid immediate preceding retirement; and
(f) 1,976 hours untaken sick leave' in the
case of an employee whose ordinary working hours average 38 per week over a
work cycle; and
(g) 1,885 hours untaken sick leave in the
case of an employee whose ordinary working hours average 36.25 per week over a
work cycle.
21.9.3 Death
In the case
of an employee who dies, Council shall make payments in terms of clause 28 -
Payments to Dependents of Deceased Employee - of the monetary value of all
accumulated untaken sick leave to which the deceased would have been entitled
in terms of this clause (i.e. that accrued prior to 14 February 1993 in
accordance with the Industrial Relations
Act 1996), and standing to the credit of the deceased at the date of death,
subject to such payment not exceeding a maximum entitlement of;
(a) 1,976 hours untaken sick leave in the
case of an employee whose ordinary working hours average 38 per week over a
work cycle; and
(b) 1,885 hours untaken sick leave in the
case of an employee whose ordinary working hours
average 36.25 per week over a work cycle,
which shall
include any such sick leave paid immediately preceding death; and
(a) 1,976 hours untaken sick leave in the
case of an employee whose ordinary working hours average 38 per week over a
work cycle; and
(b) 1,885 hours untaken sick leave in the
case of an employee whose ordinary working hours average 36.25 per week over a
work cycle.
22. Personal Carer’s Leave
22.1 Personal Carer’s Leave is available to:
22.1.1 Provide care and support for members of the
employee's family or household when they are ill or require care due to an
unexpected emergency; or
22.1.2 Provide for the flexible use of other
entitlements.
The
personal carer's leave described in this clause is available to full time and
part time staff - but not casual staff.
22.2 The entitlement to use leave in accordance
with this clause is subject to the employee being responsible for the care and
support of the Person Concerned.
22.2.1 For the purposes of this clause and clause 22A,
a 'Person Concerned' refers to a person who needs the employee's care and
support and is:
(a) A spouse of the employee; or
(b) A de-facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person; or
(c) A child or an adult child (including an
adopted child, step child, a foster child or an ex nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling of the employee or spouse or de facto spouse of the employee; or
(d) A same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(e) A relative of the employee who is a
member of the same household where for the purposes of this paragraph:
"Relative"
means a person related by blood, marriage or affinity;
"Affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
"Household"
means family group living in the same domestic dwelling.
22.3 An employee, other than a casual, with
responsibilities in relation to a person who needs their care and support shall
be entitled to use the untaken sick leave from their current service year’s
annual sick leave entitlement to provide care and support for such persons when
they are ill or require care due to an unexpected emergency.
22.4 Sick leave accumulates from year to year. In
addition to the current service year's grant of sick leave available under clause
21.1 above, sick leave untaken from the previous service year may also be
accessed by an employee with responsibilities in relation to a person who needs
their care and support.
22.5 The Council may, in special circumstances,
make a grant of additional sick leave. This grant can only be taken from sick
leave untaken prior to the period referred in clause 22.4 above.
22.6 The Council may require the employee
to provide proof of the need for carer’s leave as follows.
22.6.1 Less than two
weeks - Where less than a total of two weeks sick leave (either consecutively
or in separate occasions) in any year of service is sought to be used for
caring purposes the Council may require the employee to establish either by
production of a medical certificate from a qualified medical/ health
practitioner registered with the appropriate government authority or statutory
declaration, that the illness of the person concerned is such as to require
care by another person;
22.6.2 More than two
weeks - Where more than a total of two weeks sick leave (either consecutively
or in separate occasions) in any year of service is sought to be used for
caring purposes, the Council may require the employee to produce a medical
certificate from a qualified medical/health practitioner registered with the
appropriate government authority that provides information necessary to
reasonably demonstrate that the illness is such as to require care by the
employee and that no other appropriate care arrangements are reasonably
available; or
22.6.3 Emergency
Circumstances - establish by production of documentation acceptable to the
Council or a statutory declaration, stating the nature of the emergency and that
such emergency resulted in the person concerned requiring care by the employee.
22.7 The employee shall, wherever practicable,
give the Council notice prior to the absence of the intention to take leave,
the name of the person requiring care and that person’s relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the Council by telephone of such absence at the
first opportunity on the day of the absence.
22.8 In normal circumstances, the employee must
not take leave under this clause where another person has taken leave to care
for the same person.
22.9 An employee may elect, with the consent of
the Council, to take:
(a) Annual leave, including annual leave not
exceeding ten days in single day periods or part thereof, in any calendar year
at a time or times agreed by the parties
(b) An employee may elect with the Council's
agreement to take annual leave at any time within a period of 24 months from
the date at which it falls due;
(c) Long service leave; or
(d) Leave without pay, once all other paid
leave is exhausted, for the purpose of providing care and support to the person
concerned as defined in clause 22.2.
22A. Flexible Work
Practice Alternative to Personal Carer’s Leave
22A.1 Time off in Lieu of Payment of Overtime
22A.1.1 An employee
may elect, with the consent of the Council, to take time off in lieu of payment
of overtime at a time or times agreed with the Council within 12 months of the
said election.
22A.1.2 Overtime taken as time off during
ordinary time shall be taken at the Ordinary Rate of Pay, that is, one hour off
for each hour of overtime worked.
22A.1.3 If, having elected to take time as leave
in accordance with 22A.1.1 above, the leave is not taken for whatever reason,
payment for time accrued at overtime rates shall be made at the expiry of the
12 month period from the date the overtime was worked, or earlier by agreement,
or on termination.
22A.1.4 Where no
election is made in accordance with clause 22A.1.1 the employee shall be paid
overtime rates in accordance with the relevant industrial instrument.
22A.2 Use of make-up time
22A.2.1 An employee
may elect, with the consent of the Council, to work "make up time".
"Make‑up time" is worked when the employee takes time off
during ordinary hours for family or community service responsibilities, and
works those hours at another time, during the spread of ordinary hours provided
in the relevant industrial instrument, at the Ordinary Rate of Pay.
22A.2.2. An employee on
Shift Work may elect, with the consent of the Council, to work
"make-up" time (under which the employee takes time off during
ordinary hours and works those hours at another time) at the Shift Work rate
which would have been applicable to the hours taken off.
23. Parental Leave
23.1 Relationship with federal legislation - clause
23 of this Award shall apply in addition to:
Chapter 2, Part 2-2, Division 5 - ‘Parental
leave and related entitlements’ of the National Employment Standard (NES) under
the Fair Work Act 2009 (Cth).
Note: Division 5 of the Fair Work Act 2009 (Cth) relates to:
|
•
unpaid parental leave, including unpaid adoption leave
|
•
unpaid special maternity leave
|
•
transfer to a safe job and no safe job leave
|
23.2 Parental Leave includes maternity leave,
paternity or partner leave or Adoption Leave.
23.3 An employee is only entitled to parental
leave if the employee has had at least 12 months continuous service.
23.4 Parents cannot take parental leave at the
same time except periods of short paternity or partner leave or periods of
short adoption leave.
23.5 Entitlement
23.5.1 An employee is entitled to a total of 52 weeks
parental leave in connection with the birth or adoption of a child; and
23.5.2 Parental leave is not to extend beyond 1 year
after the child was born or adopted.
23.6 Paternity or Partner Leave
23.6.1 Paternity or partner leave is leave taken by an
employee in connection with the birth of a child of the employee or the
employee's spouse (being a child born as a result of the pregnancy of that
spouse).
23.6.2 Paternity or Partner Leave consists of up to 2
weeks leave on full pay or 4 weeks on half pay at the time of birth of the
child or termination of pregnancy (short
leave in accordance with clause 23.4);and
23.6.3 A further unbroken period including 4 weeks on
full pay or 8 weeks on half pay in order to be the primary care-giver of the
child.
23.6.4 Paternity or partner leave is subject to the
employee providing a certificate from a qualified medical practitioner
confirming the employee's spouse or partner is pregnant and the expected date
of birth. In addition, in the case of paternity or partner leave taken in accordance
with (c) above, the employee must, before the start of leave, provide a
statutory declaration by the employee stating:
(a) If applicable, the period of any
maternity leave sought or taken by the employee's spouse or partner; and
(b) that the employee
is seeking that period of extended paternity or partner leave to become the
primary care-giver of their child.
23.7 Maternity Leave
23.7.1 An employee who has completed 12 months
continuous service and who produces a medical certificate from a legally
qualified medical practitioner stating that she is pregnant and specifying the
expected date of delivery shall be entitled to:
18 weeks full pay; or
36 weeks half pay from the date maternity leave
commences.
23.7.2 The employee may request to return to work on a
part time basis up until the child reaches school age. A request to return to
work on a part time basis must be in writing and provided to the City at least
four weeks before the employee’s return to work date.
23.7.3 The employee will provide at least 10 weeks
written notice of the intention to take leave.
23.7.4 Other arrangements for maternity leave shall be
in accordance with the Council’s Parental Leave Policy.
23.8 Adoption Leave
23.8.1 Adoption Leave is leave taken by a male or
female employee in connection with the adoption by an employee, or a partner of
an employee, of a child under the age of 16 years at the day of the placement
and who has not or will not have lived continuously with the employee or the
employee's partner for a period of 6 months or more as at the day of placement
and is not otherwise a child of the employee or the employee's partner.
Adoption Leave consists of:
(a) an unbroken
period of up to 3 weeks unpaid leave at the time of the placement of the child
with the employee (short adoption leave in accordance with clause 23.4); and
(b) a further unbroken period of unpaid leave up to a total of
52 weeks' leave (inclusive of any short adoption leave) in order to be the
primary care-giver of the child.
23.8.2 An employee who is entitled to Adoption
Leave and who is to be the primary care-giver of an adopted child under the age
of 5 years as at the day of the placement is entitled to 18 weeks at full pay
or 36 weeks at half pay from the date the Adoption Leave commences.
23.8.3 An employee, who is entitled to Adoption Leave
and who is to be the primary care-giver of an adopted child aged between 5
years of age and less than 16 years of age as at the day of the placement, is
entitled to 4 weeks at full pay or 8 weeks at half pay from the date the
Adoption Leave commences.
(a) Notwithstanding
the above, where the adopted child is aged between 5 years of age and less than
16 years of age at the date of placement with the employee and there are
special needs and reasons in the child’s life, the employer shall not
unreasonably refuse to grant up to 18 weeks paid adoption leave at full pay or
36 weeks paid adoption leave at half pay.
23.8.4 Adoption Leave is subject to the employee
providing, and the Council accepting:
(a) A statement
from an adoption agency or other appropriate body of the expected date of placement
of the child with the employee for adoption purposes; and
(b) A statutory
declaration by the employee stating, where applicable, the period of any adoption
leave sought or taken by the employee’s spouse or partner, and that the employee
is seeking that period of extended adoption leave to become the primary-care giver
of their child.
23.8.5 For the purposes of this clause, spouse
includes a de facto spouse.
23.9 The weekly rate of pay referred to in clauses
23.6, 23.7 and 23.8 will be based on the employee's substantive hourly salary
times the average number of ordinary weekly hours worked over the preceding 12
months.
23.10 Notice of Intention to Take Parental Leave
23.10.1 The employee should give at least 10
weeks' written notice of their intention to take leave.
23.10.2 In the case of maternity leave and
paternity leave the employee must give 4 weeks' written notice of the dates on
which the leave will commence and end.
23.10.3 In the case of adoption leave the
employee must give written notice of the dates on which the employee proposes
to start and end the period of leave as soon as practicable but at least 14
days before proceeding on leave.
23.11 Right to Request
23.11.1 An employee entitled to parental
leave may request the Council to allow the employee to:
(a) Extend the period of simultaneous
parental leave use up to a maximum of eight weeks;
(b) Extend the period of unpaid parental
leave for a further continuous period of leave not exceeding 12 months;
(c) Return from a period of parental leave on
a part-time basis until the child reaches school age;
to assist the
employee in reconciling work and parental responsibilities.
23.11.2 The Council 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
Council's business. Such grounds might include cost, lack of adequate
replacement staff, loss of efficiency and the impact on customer service.
23.11.3 The employee’s request and Council’s
decision made under clauses 23.11.1(b) and 23.11.1(c) must be recorded in
writing.
23.11.4 Request to return to work part-time
Where an
employee wishes to make a request under 23.11.1(c), such a request must be made
as soon as possible but no less than seven weeks prior to the date upon which
the employee is due to return to work from parental leave.
23.12 Communication during parental leave
23.12.1 Where an employee is on parental
leave and a definite decision has been made to introduce significant change at
the workplace, the Council will 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.
23.12.2 The employee shall take reasonable
steps to inform the Council 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.
23.12.3 The employee shall also notify the
Council of changes of address or other contact details which might affect the
employer's capacity to comply with paragraph (a) above.
23A. Family Reunion
Leave
23A.1 An
employee, other than a casual, able to establish that they were adopted under a
"closed adoption" practice shall be entitled to up to five (5) days
family reunion leave from their accumulated sick leave balance to reunite with
their biological parent(s) for the first time.
23A.2 For the purpose of
this sub-clause "closed adoption" means an adoption whereby the
record of the biological parent(s) is kept sealed and the adopted child is
thereby prevented from knowing the identity of such biological parent(s).
24. Bereavement Leave
24.1 Subject to this clause, where an
employee, other than a casual, is absent from duty because of the death of a
person and provides satisfactory evidence to the
employer of such, the employee shall be entitled to bereavement leave in
accordance with this clause.
24.2.1 Immediate Family: Up to 4 days paid bereavement
leave upon the death of a member of the employee’s immediate family in
accordance with paragraphs (a) to (j) below;
(a) a spouse or de facto partner of the employee, including a
same sex partner who lives with the employee as a de facto partner on a bona
fide domestic basis;
(b) a child of the employee;
(c) a parent of the employee;
(d) a sibling of the employee;
(e) a grandchild of the employee;
(f) a child of the spouse or de facto partner of the employee;
(g) a parent of the spouse or de facto partner of the employee;
(h) a sibling of the spouse or de facto partner of the employee;
(i) a grandchild of the spouse or de facto partner of the
employee;
(j) a member of the employee’s extended family living in the
same domestic dwelling as the employee.
24.2.2 Extended
Family: Up to 2 days paid bereavement leave upon the death of a member of the employees extended family in accordance with paragraphs (a)
to (b) below;
(a) a grandparent of the employee;
(b) a grandparent of the spouse or de facto partner of the
employee;
24.2.3 Other
Extended Family: Up to one day paid bereavement leave upon the death of a
member of the employee’s other extended family in accordance with paragraphs
(a) to (f) below;
(a) a niece of the employee;
(b) a nephew of the employee;
(c) an uncle of the employee;
(d) an aunt of the employee;
(e) the spouse or de-facto partner of a sibling of the employee
(sister in law or brother in law);
(f) the spouse or de-facto partner of the employee’s child (son
in law or daughter in law).
24.3 Bereavement leave shall be taken as soon as
practicable from the date of the death of the individual.
24.4 Bereavement Support
To support
an employee's family in the event of the employee's death, the City of Sydney
will make a $2,000 payment to the employee's next of kin as soon as practicable
after the City becomes aware of the-death. This payment is in addition to any
other accrued entitlements payable to the employee's family.
25. Long Service Leave
25.1 Long service leave accrues after 5 years of
service, and will be applied in accordance with the Long Service Leave Act 1955, as amended, and the following
provisions applicable under this award.
All at
ordinary rates of pay
|
Length of
Service
|
Prior to 22/8/83
|
Since 22/8/83
|
After 5 years
of service
|
NA
|
6.5 weeks
|
After 10 years
of service
|
13 weeks
|
13 weeks
|
After 15 years
of service
|
19.5 weeks
|
21.5 weeks
|
After 20 years
of service
|
30.5 weeks
|
35 weeks
|
For every
further completed
|
11 weeks
|
13 weeks
|
period of 5
years’ service
|
|
|
25.2 Long service leave shall accrue in
accordance with the above table and proportionately for each completed month of
service.
25.3 Long service leave shall be taken at a time
mutually convenient to the Council and employee. Employees and Council should
take account of operational and business needs when scheduling long service
leave, but in any event must give at least 4 weeks' notice of their intention
in regard to the taking of Long Service Leave.
25.4 For the purpose of calculating long service
leave entitlement in accordance with this clause, all prior continuous service
with any other council within New South Wales shall be deemed to be service
with the City of Sydney.
25.5 Continuity of service shall be deemed not to
have been broken by transfer or change of employment from another council to
the City of Sydney provided:
25.5.1 the period between
cessation of service with the former council and appointment to the City of
Sydney does not exceed three months;
25.5.2 the period is covered by accrued annual and/or
long service leave standing to the credit of the employee at the time of the
transfer or cessation of employment; and
25.5.3 the employee concerned
does not engage in work of any kind during the period between Councils..
25.6 When an employee transfers from another
council to the City of Sydney, the long service leave entitlement accrued by
the employee may be transferred to the City of Sydney, provided the monetary
equivalent of long service leave is paid directly to the City of Sydney by the
other council at the time of transfer.
25.7 An employee transferring long service leave
entitlements in accordance with clause 25.6 must first complete 1 year of
continuous service with the City of Sydney before being eligible to claim long
service under the terms of clause 25.1.
25.8 Long service leave shall be taken in periods
of not less than 1 week.
25.9 Eligible employees who are entitled
to long service leave, may with the consent of the
Council, cash out Excess Long Service Leave. Excess Long Service Leave means
the long service leave that an employee has accrued under the Award that is in
excess of the long service leave that the employee would have accrued if
covered by section 4 of the Long Service
Leave Act 1955.
25.9.1 "Eligible
employee" means an employee with at least ten (10) years continuous
service with the Council.
25.9.2 Each cashing out
of an amount of Excess Long Service Leave must be by separate agreement between
the Council and the employee
25.9.3 Any Excess Long
Service Leave cashed out in accordance with clause shall be paid to the
employee at the employee’s Ordinary Rate of Pay.
26. Accident Pay
26.1 An employee shall be entitled to accident
pay for the period of their absence from work if such absence arises from
circumstances which give right to payment of compensation by the Council under
the Workers Compensation Act 1987.
26.2 The period for which an employee shall be
entitled to payment of accident pay in respect of each particular injury or
accident giving right to the payment of compensation shall be 6 months from the
expiration of full compensation under the conditions of the Worker’s Compensation Act 1987. An
employee will also be entitled to a further period of 1 weeks accident pay for
each completed year of service as at the date of injury or accident.
26.3 Accident pay shall be the sum equal to the
difference between the amount of compensation to which the employee is entitled
to under the Worker’s Compensation Act
1987, and the rate of salary attaching to the employee’s specified position.
26.4 To obtain accident pay, an employee shall
present themselves, at their own expense, as soon as they are physically
capable of doing so and at other times as directed for examination by a Council
appointed medical practitioner, or by a medical practitioner at their place of
residence or hospital, as the case may be.
26.5 The Council may refuse to grant accident pay
prior to the date upon which an employee presents themselves for examination by
the medical practitioner of Council in any case where the employee, being
physically capable of doing so, fails to comply with the provisions of clause
26.4.
26.6 Where an employee has exhausted their rights
under this clause, the employee may elect to take sick leave with pay,
equivalent to the accident pay that would otherwise be payable under the
provisions of this clause. If the employee elects to use the sick leave
provisions of this clause, the sick leave shall be debited against the employee’s
entitlements.
27. Refund of Sick Leave
27.1 Where an employee has been paid sick leave
or accident pay, where their incapacity for work has resulted from an injury
sustained under circumstances creating a legal liability for damages in some
person other than the Council, and the employee recovers the damages in respect
of the injury, the employee shall refund to Council the amount of sick leave
and accident pay paid by Council.
27.2 This provision only applies if the damages
recovered by the employee are reduced in accordance with the provisions of
subsection (1) of Section 10 of the Law
Reform (Miscellaneous Provisions) Act 1965 (NSW), as amended by the Administration of Justice Act 1968, the
amount of sick leave to be refunded to the Council shall be reduced to the same
extent as the damages recovered by the employee.
PART FIVE - SERVICE
AND PAYMENTS ON TERMINATION
28. Payment to Dependants of Deceased Employee
28.1 Where the service of an employee is
terminated by death and the employee has an entitlement to payment for annual
and/or long service leave and/or untaken sick leave, then the amount to which
the employee would have been entitled shall be paid by the Council to the
estate of the deceased employee.
28.2 Where payment of the monetary value of an
annual leave and/or long service leave and/or untaken sick leave or any
proportion thereof has been made, no action may be brought against Council for
the payment of any amount of such annual leave and/or such long service leave
and/or such untaken sick leave.
29. Calculation of Service
29.1 In calculating service with the Council, the
following periods shall be taken into account:
29.1.1 Leave with pay approved by Council
29.1.2 Periods of absence without pay approved by
Council and not exceeding 1 ordinary working week
29.1.3 Periods of annual leave, long service leave,
sick leave with pay or incapacity for work covered by the Workers' Compensation Act 1987 as amended
29.1.4 Previous periods of service which were not
terminated by resignation or dismissal
29.1.5 Any period of leave without pay for which an
employee is indemnified by a third party for loss of salary for the period of
leave without pay.
29.2 Leave Without Pay
& Service Provisions
Periods of leave without pay shall not be regarded as
service for the purpose of computing entitlements to Annual Leave and Long
Service Leave and other service based entitlements under this Award. Such
periods of leave without pay shall not constitute a break in the employee's
continuity of service.
PART SIX - OTHER
MATTERS
30. Dispute Settlement Procedures
30.1 The parties to this Award are committed to
resolving disputes and grievances through co-operative consultation with one
another and joint problem solving.
30.2 To ensure that disputes and issues relating
to the provisions of this Award do not go unresolved and affect workplace
productivity and relationships, the parties commit themselves to the processes
of the Council's dispute resolution process as detailed under this clause.
30.3 The dispute resolution process must be
entered into by the parties to this Award with the intention of preventing or
settling any grievance, complaint or dispute at the workplace without
industrial action or stoppage of work, and with a view to ensuring that
services to the public and ratepayers are maintained without interruption or
being affected in any way.
30.4 Procedures to Resolve Workplace Grievances,
Complaints or Disputes (The Dispute Resolution Process)
At all
stages of the Dispute Resolution Process employees will continue to
perform work for the Council as
directed by the Council or its authorised representatives, without interruption
or the imposition of any bans or limitations, and in accordance with the
provisions of this Award and any relevant Council policies. The procedure to be
followed is as follows:
Step 1: If there arises any grievance, complaint or
dispute at the workplace, in the first instance the employee(s) concerned
and/or any employee representative must meet to discuss the matter with the
employee(s) immediate supervisor. The employee(s) supervisor will listen
carefully to the employee(s) concerns and together the parties will try to
resolve the dispute.
Step 2: If the supervisor and employee(s) (and/or
their representatives) are unable to resolve the dispute or it is not
appropriate that the supervisor deal with the dispute, the dispute must be
referred to senior management. Senior
management will listen to the employee(s) concerns and either resolve the
dispute or refer the matter to more senior management.
Step 3: More senior management will listen to the
employee(s) (and/or their representatives) and attempt to resolve the dispute.
It is either resolved or referred to an independent body.
Step 4: If more senior management and the employee(s)
are unable to resolve the dispute an independent conciliator or mediator will
assist to resolve the dispute.
30.5 To assist the expeditious resolution of
disputes, where matters of urgency are raised at an organised meeting of the
Unions the Manager, Human Resources Operations will be informed by an official
of the relevant Union(s) of the existence of the dispute. The Manager, Human
Resources Operations, will then inform the Executive Members concerned and, if
need be, the Chief Executive Officer. If the matter remains unresolved, the
Manager, Human Resources Operations, will arrange a conference between the
parties concerned or affected.
30.6 Nothing contained in the Dispute Resolution
Process will preclude the Council or any of the Unions concerned from entering
into direct negotiations on any matter. During such negotiations, except where
they are concerned wholly or predominantly with a genuine safety issue, work
will be performed as directed by the Council or its authorised
representative(s).
31. Employee Representatives
31.1 Employees may nominate an employee
representative of their choice, as defined below, to represent them in
consultations with the Council and/or the Unions.
31.2 For the purposes of this Award,
"employee representative" means an employee of the Council, covered
by this Award, nominated by an affected employee(s) of the Council from time to
time.
31.3 With written notification given to the
Council, employee representatives will be allowed reasonable time from usual
duties, with pay, to represent employees during consultations.
31.4 Employee representatives may also be granted
leave of absence with pay to undertake training of up to 3 days on the
following conditions:
31.4.1 The content of the training will enhance their
role in carrying out representation functions under this Award; and
31.4.2 The Council’s operating requirements permit the
granting of the leave and are subject to the normal leave approval process.
31.5 While the Council provides employee
representatives access to the Council's electronic mail system for the purposes
of carrying out functions under this Award, Information Technology policies
apply to all users of the Council's information technology facilities and
acceptance of the policies and
associated rules governing the use of IT facilities is a condition of use.
31.6 Employee representatives may, with the
approval of the Council, hold meetings with the affected employees on the
premises of the Council at times, durations and locations agreed between the
employee representative and the Council, provided that the request is made by
relevant Union Official, where adequate notice is given to the Council of the
intention to hold such meeting and the location thereof. The Council will
consider the request having regard to operational requirements.
32. Skills Development and Workplace Training
32.1 The Council agrees to develop and implement
individual development plans for all staff. Such plans will be developed
through consultation and assessment of skills with regard to organisational
requirements and individual career paths.
32.2 Individual development plans will be
reviewed annually in line with the Performance Management & Development
Program.
32.3 If an employee is required by Council to
undertake compulsory training in accordance with the employee’s individual’s
development plan, the employee will not suffer any reduction in the employee's
Ordinary Rate of Pay as a result.
33. Domestic & Family Violence Policy
The Council
agrees to maintain a Domestic & Family Violence Policy. Changes to the
Policy will be determined by the Council after following its ordinary processes
of consultation through the Joint Consultative Committee.
PART SEVEN - SALARY
SYSTEMS & RATES OF PAY
34. Principles
34.1 The salary systems provided for by this
clause and the rates of pay prescribed for them incorporate and reflect all
past work value considerations and all changes in work value considerations
intended to result from the proper application, implementation and operation of
this Award. Similarly, all past productivity and efficiency improvements are
reflected in the classifications and salary rates prescribed in this Award.
34.2 The work done by employees bound by this
Award is intended to involve broadbanding and
multiskilling to the maximum practicable extent. Broadbanding
and multiskilling are essential features of the Salary Systems and apply as
follows:
34.2.1 Broadbanding
Broadbanding
involves a process whereby related or like functions or tasks are grouped
together in such a way that there is no impediment to those functions or tasks
being performed as part of the duties of any job within one band. The process allows movement
of people between tasks
and functions and mixing
and regrouping of
tasks and functions
within a broad-band. This process
does not include those functions or tasks where the individual's ability to
safely learn and I or perform the function or tasks, where an essential
requirement for a formal qualification limits the process.
34.2.2 Multiskilling
Multiskilling
involves the acquisition, addition and increasing the level of task-related
skills and knowledge, which enables the individual to perform a wider range of
tasks and functions. Skills acquired through multiskilling may be those that
normally related to a higher or lower salary band than the employee's present
work level and could also be appropriate to tasks outside the individual's
present work area. Multiskilling assists individuals to increase their range of
skills and maintains and improves efficient work performance.
34.2.3 A number of avenues have been identified that
facilitate skill acquisition. These are available and will be developed and
utilised as appropriate to various groups and work areas. The avenues include:
Formal
training courses
Job
rotations
Secondments
and transfers
On-the-job-training
External
courses
34.2.4 The Council already operates a coordinated
training program aimed at increasing the skill and knowledge of its employees.
This program has been further enhanced through improved record keeping; to
recognise and record skill acquisition of employees.
35. Pay Increases
35.1 This Award provides for an initial increase
of 2.35% to the rates of pay under the previous Award. This increase is
included in the rates that appear in Appendix 1. The new rates of pay detailed
in Appendix 1 are to be retrospectively applied from the first full pay period
on or after 1 July 2017.
35.2 The following further increases will be
applied to the rates of pay detailed in Appendix 1 from the first full pay
period commencing on or after the dates specified below:
(i) 1
July 2018: 2.5%.
(ii) 1 July 2019:
2.5%.
35.3 Council will apply a salary progression
scheme that is linked to Council's Performance and Development Management
Program as articulated in the "Performance and Development Management
Policy" as amended from time to time. Council will consult with Employees
via the Joint Consultative Committee, and with the Unions, regarding the impact
of changes to the Performance Development and Management Policy on Employees.
Council will publish the details of the salary progression scheme to Employees.
35.4 Increase to allowances
Allowances
payable under the Award have already been increased by 2.35% and are to be
increased annually in accordance with the applicable percentage increase for
rates of pay specified in clause 35.2.
36. Salary Sacrifice
36.1 The objective is to provide employees with a
greater flexibility in the method of how they wish their annual salary to be
paid. Salary sacrifice is the substitution of salary for nonsalary
benefits. This facility is provided on the basis that the total cost to the
employer shall be no greater than the employee's current Award prescribed
salary.
36.2 The application of salary sacrifice shall be
in accordance with the provisions of Council's Salary Sacrifice Policy and
arrangements will always be subject to Australian Taxation Office approval and
cost neutrality to the City.
36.3 This provision is not compulsory on all
employees. The employee may elect to utilise this provision.
36.4 To access this provision the employee must comply the following steps:
36.4.1 Organise the necessary financial arrangements
themselves; and
36.4.2 Provide all the necessary information and
authorisation to Council for processing.
36.5 The employee’s total annual salary must be
equal their prescribed Award annual salary.
36.6 The value of the benefits shall be agreed
between the Council and the employee and shall include fringe benefits tax
where applicable.
36.7 The benefits to be salary sacrificed and
their value shall be in writing and signed by both Council and the employee.
36.8 In the event that changes in legislation,
Income Tax Assessment Act determinations or rulings remove the Council's
capacity to maintain the salary sacrifice arrangements offered to employees
through this agreement, Council will be entitled to withdraw, or modify
arrangements, from the salary sacrificing arrangements by giving notice to each
affected employee.
SECTION 2 - WAGES
DIVISION
37. Hours of Work
37.1 Exceptions to Clause 6, existing at the time
of making this award, which will continue to be available unless otherwise
varied by agreement, are the ordinary weekly working hours of an employee of a
grade, classification or level involving the work of:- a Driver of Lorry
(Refuse Collection and/or Disposal, Labourer (Refuse Collection and/or
Disposal), Labourer (Street Sweeping), Mechanical Plant Operator (Refuse
Collection and/or Disposal), engaged on night cleansing work including
collection and/or disposal of refuse, shall be 32 hours per week in not more
than 11 shifts in 14 consecutive days; and
37.2 In such cases, the employee will be paid in
addition to and averaged into the normal rate of pay, a shift penalty of 11.5%
in respect of any shift worked Monday to Friday inclusive, except a shift
worked on a public holiday.
37.3 Except in cases of emergency (to be
determined by Council), the Council shall not alter the starting or finishing
time of an employee without first giving 7 days' notice to the Union.
38. Terms of Employment
38.1 Wet Weather Provisions
An employee
will not lose salary owing to wet weather, provided that the employee shall:
38.1.1 Report for and continue working until such time
as the supervisor orders work to cease; and
38.1.2 Stand by as directed by the supervisor; and
38.1.3 Recommence duty as directed.
38.2 Payment of Wages
All
employees who are in Wages Division classifications will be paid on a weekly
basis.
39. Overtime
39.1 Eligibility for overtime - Monday to Friday
Subject to
clause 9.1 of the Common Conditions of Employment, all overtime must be
directed by an authorised officer.
Overtime for Wages Division employees will be paid at time and one-half
for the first 2 hours and double time thereafter.
Note: For
Shift Workers refer to clause 9.8 for rates and other provisions.
39.2 Part-time Employees - Payment of Overtime
A part-time
employee in a Wages classification position will only be paid overtime where
they work more than their normal ordinary hours for that day.
40. Shift Work & Penalty Payments
40.1 Ex-South Sydney Council Employees
transferred to the City of City as a result of boundary changes and or
Amalgamations prior to 8 May 2003.
40.2 Any employee in a Wages Division
classification position, who at the date of transfer from South Sydney City
Council was, engaged on Shift Work, shall not be required to work more than 10
shifts in any 14 consecutive days without payment of overtime.
41. Meal and Crib Breaks - Ordinary Hours
Employees in
Wages Division classification positions will have their morning tea at their
work location.
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 which is at a
higher level within the classification structure shall be paid for the whole
day at the higher wage.
42.1.2 The provisions of the Wages Division Higher
Grade Duties Allowance shall apply when an employee is appointed to relieve in
a Salary Band Classification position.
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.
42.4 Multi-skilling Allowance
Salary
rates provided for in this Award are calculated to include as a permanent
component of salary, and absorbed into rates of pay, the provisions of the
Trades Groups Multi-skilling and Cross skilling Higher Duties Allowance
Guidelines agreement with trades employees and their Unions dated 18 March
1996. The broad extent of these multi-skilling arrangements is contained in the
provisions of the agreement (refer to Section 5 - Appendix 4). In future, no
further application of these multi-skilling provisions, to the extent already
agreed, will occur.
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.
42.6.3 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.
42.7 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.
43. Annual Leave Loading
Employees in
Wages Classification shall be paid a loading equivalent to 17.5% of 4 weeks of
their Ordinary Rate of Pay for the 4 weeks of annual leave accruing. Employees
in Wages Classification who have worked Shift Work for a period of 12 months
preceding the annual leave totalling 42 weeks shall be paid the penalty rate to
which otherwise would have applied if greater than the annual leave loading
payment.
SECTION 3 - SALARIED
DIVISION
44. Terms of Employment
44.1 Payment of Employees
All
employees who are in the Salaried Division classifications will be paid on a
fortnightly basis.
45. Hours of Work
45.1 Flexible Working Arrangements
45.1.1 The parties agree to increase flexibility in
working arrangements to suit operational needs of employees in Salaried
Division classifications.
45.1.2 Flexible working arrangements with respect to
hours worked, rostered days off, flexi-time schemes and overtime may be made by
agreement after consultation between the employee and their Level 3 Manager
through their supervisor.
45.1.3 Access to flexible leave arrangements will
recognise the hours they work, but at the same time identifying that Council's
operational needs are paramount. Time off will be taken at times which suit
operational needs as approved by each area's Executive member.
45.1.4 The recognition of accumulated time shall be by
way of an agreed method between the employee and the Unit Manager or Executive
member.
46. Overtime
46.1 Eligibility for Overtime
Overtime
will only be paid to an employee whose annual salary does not exceed the
maximum salary rate applicable to Salary Band 5. If an employee's annual salary
is greater than the maximum salary rate applicable to Salary Band 5 then they
are not eligible to be paid overtime. This salary rate will be adjusted in
accordance with salary movements of this Award.
46.2 Eligibility for Overtime - Band 6 Employees
46.2.1 Where a Salary Band 6 employee is required to
work additional hours on the weekend or on public holidays on a regular and
systematic basis in order to meet service demands, the City will consider
payment of these additional hours on a case by case basis.
46.2.2 If both the City and the relevant employee
agree that it is impractical for the employee to be compensated through time
off in lieu of overtime, the employee may make a written request to the Manager
Corporate Human Resources, to be paid for the additional hours worked at
overtime rates in accordance with the Award.
46.3 Overtime - Monday to Friday
Subject to
clause 10.1.3 of the Common Conditions of Employment, all overtime must be
directed by an authorised officer. Overtime for Salaried Division employees
will be paid at the Ordinary Rate of Pay for the first 3 hours with the next 2
hours at time and one-half and double time thereafter.
Note: For
Shift Workers refer to clause 9.8 for rates and other provisions.
47. Meal and Crib Breaks - Ordinary Hours
Employees in
Salaried Division classification positions will take their morning and
afternoon tea break at their work stations.
48. Salary Band System
48.1 Rates of Pay
48.1.2 The rates of salary per annum prescribed by
this clause are inclusive of the basic wage for an adult, and shall be deemed
to be the rates of pay attached to an employee's appointed rate.
48.1.3 The Salaried Division Salary Band System and
rates of pay are detailed at Appendix 1 of this Award.
48.2 Job Evaluation
48.2.1 The job evaluation system is not applicable to
employees specified as Wages Division Classifications.
48.2.2 Rates of pay as determined by job evaluation cannot
be applied to existing contract bids for specified work.
48.2.3 A position's salary rate and salary band
placement is determined by work assessments in accordance with Council's job
evaluation policy and system, as varied from time to time.
48.2.4 The minimum salary rate attached to job
evaluation scores of each salary band will reflect the work value of the
position.
48.2.5 All positions will be reviewed upon job
redesign, and regularly as positions become vacant in accordance With Council's
job evaluation policy and system as varied from time to time.
48.3 Salary Band System Principles
48.31 The Salary Band System provides for 10 salary
bands to encompass all employees. The salary entry levels for the salary bands
are sufficient to:
(a) Differentiate between the successive
management levels;
(b) Acknowledge that job content at various
levels will vary;
(c) Properly cater for promotions; and
(d) Allow for the enhancement and development
of skills, increasing managerial or other responsibilities and personal
development
48.3.2 The Salary Band System facilitates career
development and supports career opportunities for individuals as well as the
Council's reorganisation activities and enables the development of an effective
Human Resource Strategy.
48.3.3 The implementation of Council's Performance
Management Policy will further improve the multiskilling of employees by
ensuring that employees are provided with skills development and opportunities
and are recognised for the skills acquired.
48.3.4 The principles related to the Salary Band
System will provide increased flexibility for the Council to manage change in
the work place, achieve corporate goals, and to foster the development of
skills by:
(a) Mixing and matching of jobs;
(b) Training and management development;
(c) Provision of adequate study leave for
approved courses;
(d) Job rotation by agreement between the
employee and the Council;
(e) Vertical and horizontal job re-design
which will lead to substantial benefit to employees with more interesting work
being performed;
(f) Career development based on merit and
performance review; promotion based on merit, subject to vacancy and by means
of competitive selection process;
(g) Open and shared objective assessment of
performance;
(h) Ongoing elimination of restrictive work
and management practices; and
(i) The adoption
of the Salary Band System provides a flexible framework for the classification
of positions and the provision of remuneration based on merit.
49. Allowances
49.1 Higher Grade Duties Allowance - Salaried
Division Classifications
49.1.1 Where an employee in the same salary band is
directed to take on additional duties to provide short term relief (less than 3
months) then an allowance may be paid for the time the additional duties are
performed.
49.1.2 Periods of acting in a role with a base salary
rate higher than the employee receives for the employee’s substantive position,
of less than 4 consecutive working days will not be taken into account for the
purposes of calculating higher grade duties allowance. Public holidays will be
deemed to be working days for the purposes of this clause in accordance with
Clause 8.4
49.1.3 Part-time
employees whose ordinary days per week are 4 days or less, will be eligible for
the allowance when they perform the additional duties consecutively for their
number of weekly agreed ordinary days in the week.
49.1.4 An employee may be paid a proportion of the
higher duties allowance equivalent to the proportion of functions performed in
the higher salary band position.
49.2 Allowances paid for acting on, and holding a
range of trade licences
Salary
rates provided for in this Award are calculated to include as a permanent
component of salary, and absorbed into rates of pay, those allowances contained
in clause C.1 of Part C of Appendix 3 to this Award, as previously provided for
in industrial agreements, and clause 28 of the Council of the City of Sydney
(Salaried Division - Salaries and Conditions) Award 1990.
49.3 Building Surveyor and Health Surveyor
Salary
rates for the classifications of Building Surveyor and Health Surveyor include
as a permanent component of salary, and absorbed into rates of pay, an
allowance of $8-51 per week detailed in clause C.2 of Part C of Appendix 3 of
this Award, as previously provided for in Clause 10(3a) and 10(3b) of the
Council of the City of Sydney (Salaried Division - Salaries and Conditions)
Award 1990.
49.4 Supervisory Rates
An employee
appointed to a supervisory position will have included in their salary and as
rolled up rate the amounts previously prescribed in Table 2, Part B, Schedule B
of the Sydney City Council (Wages Division-Wages and Conditions) Interim Award,
and detailed in clause C.3 of Part C of Appendix 3 of this Award, which will
for all purposes be absorbed into rates of pay for that position. This
provision only applies to Leading Hands and Sub-Forepersons of
Non-Tradespersons.
49.5 First Aid Allowance
49.5.1 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.
49.5.2 Employees in Salary Bands 1 to 6 who possess
the Certificate and are nominated as a First Aid Officer will receive an
allowance of $2.06 per day, other than those employees who the City requires to
hold the Certificate for their position.
49.5.3 Employees in Salary Bands 7 and above who
possess the Certificate and are nominated as a First Aid Officer will not be
eligible to receive the first aid allowance.
SECTION FOUR - CASUAL
EMPLOYMENT
Unless referred
to in this section, or the below provisions, all other terms and conditions in
the Award do not apply to casual employees.
The following clauses,
Parts and Appendices of the Award also apply to casual employees:
Part One -
Preliminary Matters
Part Six -
Other Matters
Clause 5 -
Terms of Employment
Clause 11 -
Work Health & Safety
Clause 14 -
Anti-Discrimination
Clause 25 -
Long Service Leave
Clause 35 -
Pay increases
Appendix 1
- Rates of Pay
Appendix 3
- General Allowances and Condition
50. Casual Employment
50.1 Definitions
For the
purposes of this section only:
50.1.1 Ordinary Hourly Rate means the Ordinary Rate of
Pay as defined in clause 4 of the Award divided by the employee's Ordinary
Weekly Hours for the employee's classification.
50.1.2 Ordinary Daily Hours means 1/5th of the
Ordinary Weekly Hours for the employee's classification.
50.2 Casual engagement
50.2.1 A casual employee means an employee engaged on
a day to day basis, works intermittently in relieving work or work of a casual
and/or unexpected nature, and is paid by the hour.
50.2.2 The Ordinary Weekly Hours for casual positions
is 38 hours or 36.25 hours, as determined by the Council and rostered Monday to
Sunday inclusive. In calculating Ordinary Weekly Hours, any hours worked each
day which are in excess of the Ordinary Daily Hours will not be included.
50.3 Payment
50.3.1 A casual employee shall be paid the Ordinary
Hourly Rate for their Ordinary Daily Hours worked in accordance with clause
50.2.2, plus a casual loading calculated in accordance with clause 50.3.5.
50.3.2 Casual employees who work outside the relevant
spread of hours Monday to Friday (inclusive) identified at clause 6.3 of this
Award are entitled to the applicable rotating shift penalty rate prescribed in
clause 6.5.7(a) for Morning, Afternoon and Night Shifts, calculated in
accordance with clause 50.3.4.
50.3.3 Casual employees who work on weekends and
public holidays are entitled to penalty rates prescribed by clause 6.5.7(c),
calculated in accordance with clause 50.3.4.
50.3.4 For the purposes of clauses 50.3.2 and 50.3.3
the hourly rate payable is calculated as follows:
(a) the shift
penalties are calculated on the Ordinary Hourly Rate;
(b) the casual
loading is calculated on the Ordinary Hourly Rate;
(c) the Ordinary
Hourly Rate, the applicable shift loading and the casual loading are combined
to obtain the hourly rate payable to casual employees for hours worked in
accordance with clauses 50.3.2 and 50.3.3.
50.3.5 Casual Loading
The casual
loading is:
(a) 25% calculated on the Ordinary Hourly
Rate for employees in the Wages Division.
(b) 23.5% calculated on the Ordinary Hourly
Rate for employees in the Salary Division.
50.3.6 Additional provisions for casuals
(a) A casual employee is not entitled to
annual leave and sick leave provided for in this Award (whether paid or
unpaid), or payment for a public holiday(s) falling on a day which they would
normally have been required to work. The casual loading and applicable penalty
rates are paid in lieu of these entitlements.
(b) Casual loading is not payable on
overtime, except for the first three hours of overtime on Monday to Friday for
Salary Division employees, as those hours are calculated at the Ordinary Hourly
Rate as per clause 46.3.
50.4 Overtime
50.4.1 Casual employees in the Salary Division who are
eligible for overtime in accordance with clauses 46.1 and 46.2, and casual
employees in the Wages Division who are eligible for overtime in accordance
with clause 39, will be eligible for overtime as specified in those
clauses.
50.4.2 Overtime is any hours worked in excess of the
Ordinary Daily Hours or Ordinary Weekly Hours for the position.
50.4.3 Overtime rates will apply for:
(a) Overtime worked Monday to Friday which is
in excess of the Ordinary Daily Hours for the position. The applicable overtime
rates are set out in clause 39.1 for Wages employees and clause 46.3 for Salary
employees; or
(b) Overtime worked on Saturday or Sunday in
excess of the Ordinary Daily Hours for the position. The applicable overtime
rates are set out in clause 9.3.2 and 9.3.3 respectively; or
(c) Overtime worked on a Saturday or Sunday which is in excess of the Ordinary Weekly Hours for the position as
calculated in accordance with 50.2.2. The applicable overtime rates are
set out in clause 9.3.2 and 9.3.3 respectively.
50.4.4 Salary division employees entitled to the
rotating shift penalty prescribed in clause 50.3.2, who work overtime in
continuance of the Ordinary Daily Hours Monday to Friday (being overtime
referred to in clause 50.4.3(a) only), will be paid the rotating shift penalty
for the first three hours of overtime, as those hours are calculated at the
Ordinary Hourly Rate as per clause 46.3.
50.4.5 A casual employee is not a shift worker for the
purposes of clause 9.8 ‘overtime for shift workers’.
50.4.6 Minimum Break - clause 9.2 will apply to casual
employees.
50.4.7 A casual employee who works overtime will be
paid a meal allowance as follows:
(a) For hours worked in excess and in
continuance of the Ordinary Daily Hours:
i. $15.61 on completion of 2 hours in
excess of the Ordinary Daily Hours; and
ii. A further $15.61 on completion of each
subsequent 4 hours thereafter.
or
(b) A casual employee whose work starts and
ends outside of the Ordinary Weekly Hours as calculated in accordance with
50.2.2 will be paid a meal allowance as follows:
(i) $15.61
on completion of 4 hours; and
(ii) A further
$15.61 on completion of each subsequent 4 hours thereafter.
50.5.1 Meal and Crib Breaks - Ordinary Daily Hours
(a) Where Ordinary Daily Hours are
worked within the ordinary spread
of hours, as specified in clause 6.3 (spread of hours), a casual
employee will not be required to work more than five (5) hours without
receiving an unpaid meal break of 30 minutes. Unpaid Meal breaks will be taken as directed.
(b) Where Ordinary Daily Hours are worked on
a Morning, Afternoon, Night, Saturday, Sunday or Public holiday shift
exceeding 5 hours in duration, casual employees will receive a crib break of 30 minutes. Crib
breaks will be taken as directed, will be part of Ordinary Daily Hours, and
will be paid for at the rate applicable to the shift upon which the employee is
engaged.
50.5.2 Meal and Crib Breaks - Overtime
(a) The following crib breaks will apply when
overtime is worked:
(i) A crib break
of twenty minutes will be granted for each 2 hours of overtime worked which is
in excess of the Ordinary Daily Hours for the position Monday to Sunday. The
crib break will be taken as directed, and paid at the overtime rate applicable;
or
(ii) A casual employee whose work starts and
ends outside of the Ordinary Weekly Hours as calculated in accordance with
50.2.2 will be granted a crib break of 20 minutes at the completion of each 4
hours of overtime. The crib break will be paid at the overtime rate applicable
if the employee is required to continue working after such crib break.
(b) Council may direct any casual employee
who becomes entitled to more than 1 crib break, to take the crib breaks in
ether separate or continuous periods, but will not require the employee to work
continuously for more than five hours without a crib break.
(c) In the case
where the needs and requirements of the work so permit, the Council, if
requested by an employee engaged on overtime, may extend the duration of any
crib break to which the employee has become entitled, for a period not exceeding 1 hour to be taken as directed by Council. If the
employee takes such a break then Council shall not be liable for any time taken
in excess of 20 minutes, nor shall such .excess time count as time worked.
(d) Except as provided above, in the
calculation of overtime crib breaks shall b treated
as part of the time worked
50.6 Unpaid Bereavement Entitlements for Casual
Employees
Subject to
providing satisfactory evidence to Council, casual employees are entitled to
not be available to attend work, or to cease work upon the death of a person
prescribed in clause 24.2.1 paragraphs (a) to (e) of this Award. Any such
absence is unpaid.
50.7 Unpaid personal carer’s entitlements for
Casual Employees
50.7.1 Subject to the evidentiary and notice
requirements in clauses 22.6 to 22.8 of this Award, casual employees are
entitled to not be available to attend work, or to cease work if they need to
care for a Person Concerned (as defined in clause 22.2) who is sick and
requires care and support, or who requires care due to an unexpected emergency,
or the birth of a child. Any such absence is unpaid.
50.7.2 Council and the employee shall agree on the
period for which the employee will be entitled to not be available to attend
work. In the absence of agreement, the employee is entitled to not be available
to attend 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.
50.7.3 The Council must not fail to re-engage a casual
employee because the employee accessed the entitlements provided for in this
clause. The rights of Council to engage or not engage a casual are otherwise
not affected.
SECTION 5 -
APPENDICES
Appendix 1 - Rates of Pay
Appendix 2 - Annual Tool Allowances
Appendix 3 - General Allowances and Conditions
Appendix 4 - Multi-skilling and Cross-skilling Agreement
1996
Appendix 5 - Table of 9 Day Fortnight and 19 Day Month Pay
Systems
Appendix 6 - Workplace Change, Redundancy and Redeployment -
Employees commencing before 5 November 2009.
APPENDIX 1 -
RATES OF PAY
SALARY
DIVISION
Salary Band
|
Salary
Range - effective first pay
period from on or after 1 July2017
|
|
|
|
Minimum
|
Maximum
|
|
Band 1
|
$36,050
|
$57,315
|
|
Band 2
|
$59,051
|
$65,969
|
|
Band 3
|
$67,260
|
$76,182
|
|
Band 4
|
$77,759
|
$88,222
|
|
Band 5
|
$89,196
|
$100,099
|
|
Band 6
|
$102,424
|
$116,404
|
|
Band 7
|
$118,304
|
$132,573
|
|
Band 8
|
$135,154
|
$154,406
|
|
Band 9
|
$157,090
|
$176,374
|
|
Band 10
|
$179,767
|
$202,976
|
|
WAGES
DIVISION
Wages Classification
|
Rate - effective first pay period on
|
|
or after 1 July 2017
|
Grade 1
|
$47,373
|
Grade 2
|
$48,553
|
Grade 3
|
$49,776
|
Grade 4
|
$50,378
|
Grade 5
|
$51,643
|
Grade 5A
|
$52,112
|
Grade 6
|
$53,449
|
Grade 7
|
$54,081
|
Grade 8
|
$55,428
|
Grade 9
|
$56,383
|
Grade 10
|
$57,452
|
Grade 11
|
$58,467
|
Grade 12
|
$59,989
|
Grade 13
|
$62,025
|
Grade 14
|
$63,160
|
Grade 15
|
$63,627
|
Grade 15A
|
$64,183
|
Grade 16
|
$64,751
|
Grade 16A
|
$65,437
|
Grade 17
|
$66,297
|
Grade 17 A
|
$70,595
|
Grade 18
|
$67,496
|
Council Worker
1
|
$46,172
|
Council Worker
2
|
$48,483
|
Council Worker
3
|
$52,112
|
Council Worker
4
|
$53,914
|
Council Worker
5
|
$55,101
|
CSO 1
|
$54,027
|
CSO 2
|
$57,085
|
CSO 2 A
|
$57,719
|
CSO 3
|
$59,055
|
CSO 4
|
$60,011
|
Year 1
|
$32,125
|
Year 2
|
$36,962
|
Year 3
|
$42,189
|
Year 4
|
$47,517
|
APPENDIX 2 -
ANNUAL TOOL ALLOWANCES
Classification
|
Annual Rate - effective first pay
|
|
period after 1 July 2017
|
Bricklayer
|
$1,218
|
Carpenter and
Plumber
|
$1,641
|
Metal and
Mechanical Trades
|
$1,641
|
Painter and
Sign writer
|
$495
|
Plasterer
|
$1,393
|
Electrician
|
$1,095
|
Stonemason
|
$1,641
|
APPENDIX 3 -
GENERAL ALLOWANCES AND CONDITIONS
PART A
Wages Classification Allowances that may be annualised (refer to
Clause 18)
The conditions, money and allowances prescribed in this Part
shall not, except as otherwise expressly provided:
be regarded for the purposes
of this award , as part of the Ordinary Rate of Pay attaching to an employee's
appointed, classification or level;
be cumulative, where more than
one of such conditions exists at the same time provided that in these
circumstances the highest rate shall be paid.
A.1 Abnormal conditions allowances
The provisions of this subclause shall not apply to any
employee who is employed in a grade, classification or level in the Cleansing
and Waste unit, City Infrastructure and Traffic Operations unit and Fleet
Services (formerly known as the "Cleansing Group", "Building
Trades Group", "Electrical Trades Group" and "Metal Trades
Group").
An employee required to work:
(i) in a confined space, the dimensions or nature of which
necessitates working in a cramped position or without sufficient ventilation;
(ii) without protective clothing provided by
Council in a wet place where water is continually dripping on the employee so
that clothing and boots become wet and where there is water underfoot;
(iii) in a place where
the temperature is artificially raised to 46C or above
(iv) in a place where
temperature is artificially reduced to 0C or below
(v) on a ladder at a
height of more than 6 metres above the nearest horizontal plane
(vi) in tunnels,
underground shafts or drives
(vii) using a noxious
spray
(viii) under dirty dusty or
otherwise abnormal conditions not usually encountered by the employee in the
normal exercise of his/her trade, craft or calling
(ix) In childcare centres whilst changing
nappies
shall be paid an additional
$0.45 per hour whilst so engaged.
A.2 In Charge of Plant During
Meal Break
An employee, other than a Shift Worker in a continuous
process, in charge of plant during a meal break, shall be paid on each occasion
$2.38 per hour
A.3 Explosive Tools
An employee using a Ramset Gun or similar explosive
tool, shall be paid an additional amount of $1.13 per hour
A.4 Removal of Dead Animals
An employee required to handle a dead animal for the
purpose of removal, shall be paid for every such animal so removed an
additional amount of $1.47 with a maximum amount on any one day of $5.96.
A.5 Driving Lorry with Trailer Attached
An employee engaged in driving a lorry with a trailer
attached shall be paid an allowance of $6.40 per day whilst so engaged. The
allowance will not apply when this task is specified in the employee’s position
description and the allowance has been absorbed to the salary rate of the
position.
A.6 Asbestos Allowance
Employees required to use materials containing
asbestos, or to work in close proximity to employees using such materials,
shall be provided with and shall use all necessary safeguards as required by
the appropriate occupational health authority and where such safeguards include
the mandatory wearing of protective equipment (i.e. combination overalls and
breathing equipment or similar apparatus) such employee shall be paid $0.68 per
hour extra whilst so engaged.
A.7 Transporting piano
An employee engaged in operating a "Crown"
fork lift whilst transporting a piano shall be paid $4.38 per day
A.8 Additional Allowances for Tradespersons
& Other Employees
The provisions of this subclause apply to tradespersons
in grades, classifications or levels in the City Infrastructure and Traffic
Operations Unit and Fleet Services (formerly known as the Building Electrical
and Metal Trades Groups).
(i) A
tradesperson working at a tip or incinerator, on a refuse collection vehicle,
in the hopper, on a conveyor of a street sweeping machine, in water tank of a
flusher, inside compaction unit, shall be paid $7.47 per
day, or part thereof, whilst so engaged.
(ii) A tradesperson or other employee engaged
on a chokage and required to open up any soil pipe,
waste pipe or drain pipe conveying offensive matter, shall be paid $5.76 per
day, or part thereof, whilst so engaged.
(iii) A painter required to use
power, electrical or pneumatic operated tools in the preparation of any
surface, shall be paid $0.50 per hour for all work customary in the trade,
whilst so engaged.
(iv) A painter engaged in the removal of rust
from, or repainting or other like work within the hopper or street sweeper, or
the water tank of a flusher shall be paid whilst so engaged $0.47 per hour or
part thereof with a minimum payment of $2.34 per day for any such work on any
day in excess of 1 hour.
PART B
Allowances
Pertaining to Duties that are not Being Performed by Employees as at the Date
of this Award
B.1 As per clause 9 of the Council of the City
of Sydney (Wages Division - Wages and Conditions) Award 1990.
9.1(b) Abnormal
conditions allowances - all @ $0.45/hour each
attending
fires in hot water boilers, or burning refuse in incinerators in residential
properties owned by Council
working on
a swinging stage or bosun’s chair
cleaning
the external side of windows over 3 meters above nearest horizontal plane
9.5 Collection of
moneys @ $0.48
9.11 Slagwool etc @ $0.59
B.2 As per Clause 10
of the Council of the City of Sydney (Salaried Division - Salaries and
Conditions) Award 1990.
10.2 Taking of
verbatim notes in shorthand @ $10.34 for first half hour and $5.34 for each
succeeding half hour
PART C
Allowances that
have been annualised into rates of pay (refer to Clauses 49.2, 49.3 and 49.4)
C.1 As per clause 28.1(a), (b), 2(i-vii), 5, 6 and 7 of the
Council of the City of Sydney (Salaried Division - Salaries and Conditions)
Award 1990:
28.2 Payment of
allowances to supervising tradespersons who hold and act on licences:
Plumbers’, Gasfitters’ and/or Drainers’ licences; or
Drainers
Licence
both Plumbers
and Gasfitters or Drainers
both
Gasfitters and Drainers
both Plumbers,
Gasfitters and Drainers
payment of
allowance for the holding of the Certificate of Registration issued by the
Building Services Corporation
payment of allowance
where required to be registered under the Motor
Vehicle
Repair Act
payment of
allowance for holder of "A" Grade Electrician’s Licence issued under
the Electricity Development Act 1945
C.2 As per clause 10 of the Council of the
City of Sydney (Salaried Division - Salaries and Conditions) Award 1990:
10.3a Building Surveyor
having completed the Associate Diploma Health and Building or Post Certificate
Course of Health Surveyors from TAFE
10.3b Health Surveyor
having completed a Post Certificate Course for Building Surveyors by TAFE
C.3 Supervisory rates
As per
Table 2, Part B, Schedule B of the Sydney City Council (Wages Division - Wages
and Conditions) Interim Award
Clause
|
Brief Description
|
16.1.4
|
Supervisory Classification - Leading Hand
|
|
Sub-Foreperson:
|
|
Town Hall Attendants
|
|
Sub-Foreperson
|
APPENDIX 4
TRADES GROUP
MULTI-SKILLING & CROSS SKILLING AGREEMENT 1996
Higher Duties
Allowance Guidelines
Objectives
This Guideline
shall provide the basis for maintaining, enhancing and rewarding the
flexibility in work arrangements throughout the City Of Sydney Council, adopted
by tradespeople and the range of skills and duties they exercise.
1. The Parties
The Council of
the City of Sydney
Automotive,
Foods, Metals, Engineering, Printing and Kindred Industries Union
(NSW Branch;
Metal and Engineering Division)
New South Wales
Local Government, Clerical, Administrative, Energy, Airlines & Utilities
Union
Electrical
Trades Union of Australia (NSW Branch)
Communications,
Electrical, Electronics, Energy, Information, Postal, Plumbers and Allied
Services Union of Australia (NSW Branch: Plumbing Division)
2. Intention
This guideline
shall only apply to Council employees that are employed in trades
classification within the City of Sydney Council.
3. Duress
This
guideline was freely entered into, without duress, by all parties and all the
parties support and endorse the provisions contained herein.
4. Award
Award shall mean
the City of Sydney Council (Wages Division - Wages and Conditions) Award which
provides wages and conditions for the Trades employee of the Council. Apart
from the clauses specified in this guideline all other clauses of the Award
shall apply.
5. Provisions of the Agreement
The Trades
Groups Multi-skilling and Cross-skilling Higher Grade Duty Allowance Agreement
shall operate to provide the flat gross allowance as detailed below. Conditions
of employment not specified in this Guideline shall be established by the
Award.
6. Multi-Skilling and Cross-Skilling Objectives
The parties to
this Guideline shall ensure that the level of multi-skilling and cross-skilling
currently occurring within trades groups are supported and maintained. This
Guideline shall also ensure that the level of multi-skilling and cross-skilling
is continually extended so that total flexibility is achieved within the City
of Sydney Council. Specifically the parties agree to work towards the following
objectives;
The
establishment of the broad range of skills and duties currently performed by
tradespeople as the requirement for a skilled tradesperson within the City of
Sydney Council.
The continuous
expansion of the range of skills and duties tradespeople currently perform by
encouraging them to actively seek opportunities to undertake training (on the
job and off the job) which supports new
areas of work and which further develops their skills. This training will be facilitated in
accordance with the City of Sydney Council's policy on Training and Study
Assistance Scheme.
The
establishment of work relationships where the range of skills and duties
performed by tradespeople are only limited by appropriate restrictions which
flow from the requirement to hold special licences.
Advancing the
flexibility in the relationships between the trades by encouraging the exercise
of cross trade skills where such' work is of an incidental nature to the duties
performed by the tradesperson.
The provision of
this allowance will not restrict any employee from seeking a reclassification
in accordance to provisions and requirements stated within the terms and
conditions of the City of Sydney Council (Wages Division - Wages Conditions)
Award.
7. Multi-Skilling and Cross-Skilling Conditions
A
commitment to complete the questionnaire in accordance to guidelines.
The payment of
this allowance will only be provided to an employee who has clearly
demonstrated that they are carrying out multi-skilling and cross-skilling
duties on a regular basis.
The removal of
any work related bans currently undertaken by Trades employees within the City
of Sydney Council and specifically bans in relation to Joint Development
Agreement and the Customer Service Program.
Any withdrawal
of or any refusal to undertake multi-skilling or cross-skilling duties by any
trades person will result in the payment of the "Multi & Cross Skill
Higher Grade Duty Allowance" being withdrawn. Payment of the Allowance will only be
recommenced from the date when the employee actually recommences the
performance of all required multi-skilling and cross-skill duties.
For a new
tradesperson to become eligible for the payment of the "Multi & cross
Skill Allowance" the trades person must complete a maximum eligibility
period of 12 months with, the City of Sydney Council. During this time the employee must be
willing to undertake the necessary training to be able to carry out all
required multi skilling and cross-skilling duties.
Also the
Tradesperson must be able to demonstrate that they are carrying out required
multi-skilling and cross-skilling duties to a competent level.
8. Salary Increase
As recognition
for the level of multi-skilling and cross-skilling currently undertaken and for
agreement to establish the objectives as detailed in clause 7, Multi-skilling
and Cross-skilling Objectives the nominated trades
employees will receive a gross payment of $25.00 per week effective from Monday
18 March 1996. This allowance will be called the "Multi & Cross Skill
Higher Grade Duty Allowance" and will be paid in accordance of clause 8,
Multi-skilling and Cross-skilling Conditions.
Note
All trades
employees who are currently employed by the City of Sydney Council prior to the
18 March 1996 regardless of the length of their service will be eligible for
this allowance; and
This allowance
will not be paid when an employee is absent from on workers' compensation or on
unpaid leave. This allowance will not be in addition to increases in rates,
which flow from the implementation of the Joint Development Agreement 1996.
9. Dispute Settlement Procedure
The provision of clause 30, Dispute Settlement Procedures of this
Award, apply.
APPENDIX 5
TABLE OF 9
DAY FORTNIGHT AND 19 DAY MONTH PAY SYSTEMS
(a) 9 Day Fortnight
Pay System
Week
|
Monday
|
Tuesday
|
Wednesday
|
Thursday
|
Friday
|
Hours Per
|
|
|
|
|
|
|
Week
|
One
|
8.06 hours
|
8.06 hours
|
8.06 hours
|
8.06 hours
|
8.06 hours
|
40.3 hours
|
Two
|
8.06 hours
|
8.06 hours
|
8.06 hours
|
8.06 hours
|
Day off
|
32.3 hours
|
Total house worked per fortnight = 72.5 hours, which is an
average of 36.25 hours per week.
(b) 19 Day Month
Pay System (38 hour week)
Week
|
Monday
|
Tuesday
|
Wednesday
|
Thursday
|
Friday
|
Hours Per
|
|
|
|
|
|
|
Week
|
One
|
8 hours
|
8 hours
|
8 hours
|
8 hours
|
8 hours
|
40 hours
|
Two
|
8 hours
|
8 hours
|
8 hours
|
8 hours
|
8 hours
|
40 hours
|
Three
|
8 hours
|
8 hours
|
8 hours
|
8 hours
|
8 hours
|
40 hours
|
Four
|
8 hours
|
8 hours
|
8 hours
|
8 hours
|
Day Off
|
32 hours
|
Total hours worked per 4 week period = 152 hours, which is
an average of 38 hours per week.
(c) 19 Day Month
Pay System (36.25 hour week)
Week
|
Monday
|
Tuesday
|
Wednesday
|
Thursday
|
Friday
|
Hours Per
|
|
|
|
|
|
|
Week
|
One
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
38.15 hours
|
Two
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
38.15 hours
|
Three
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
38.15 hours
|
Four
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
7.63 hours
|
Day Off
|
30.52 hours
|
Total hours worked per 4 week period = 145 hours, which is
an average of 36.25 hours per week
APPENDIX 6
WORKPLACE
CHANGE, REDUNDANCY AND REDEPLOYMENT- EMPLOYEES COMMENCING BEFORE 5 NOVEMBER
2009
13.1 Identification
and Management of surplus positions
13.1.2 A position is
surplus to the requirements when the City decides that:
(i) It
no longer requires the position to be performed by the relevant employee or by
anyone; and
(ii) This is not due
to the ordinary customary turnover of labour.
13.1 A position may
become surplus to requirement where:
(i) The
City has ceased or significantly diminished providing an activity/function; or
(ii) The number of
staff employed by the City exceeds that required for the efficient and economic
operation of the City’s services; or
(iii) A review or
restructure results in an area of the City’s organisation being abolished or
identifies a need for a different workforce skills profile in that area; or
(iv) Employees
cannot be used effectively in their substantive positions because or
technological or other change in work methods, or changes in the nature, extent
or organisation of the functions of the City.
13.1.4 Where an employee
occupies a position that the City decides is surplus to requirements, the
employee and the relevant union will be advised of this in writing by the Chief
Executive Officer.
13.1.5 After receiving
written notification in accordance with Clause 13.1.4 the employee whose
position is surplus to requirements will receive four weeks formal notice
during which the employee may elect to either;
(i) Apply
for voluntary redundancy; or
(ii) Participate in
the City’s redeployment and retaining program.
13.1.6 Decisions to
approve or reject an application for voluntary redundancy will be made by the
Chief Executive Officer having regard to the City’s operational requirements
and the potential for the employee to be redeployed.
13.1.7 If an employee
elects not to accept voluntary redundancy, the City will commence an assessment
of the employee’s skills, abilities, knowledge and training needs against any
employment opportunities which are or may be available before the expiration of
the employee’s notice period.
13.1.8 This award does
not prevent either party from agreeing to some other arrangement in respect of
redeployment and/or redundancy where special circumstances arise. For example,
where an opportunity for redeployment will arise after the expiration of the
employee’s notice period, the employee may agree, in writing, to take a period
of paid or unpaid leave pending redeployment to that position or where training
is required, the City may appoint the employee in an acting capacity.
13.1.9 Once the City
decides that a position is surplus to requirements, the options available to
the employee occupying that position will be explored as soon as practicable in
accordance with the processes of this Award.
13.2 Voluntary
Redundancy
13.2.1 Regardless of the
employee’s age or entitlement to any superannuation retirement benefit, an
employee whose position is to be made redundant will be given the opportunity
to apply for a voluntary redundancy.
13.2.2 Notwithstanding clause
13.2.1, there is no right to voluntary redundancy. The City reserves the right
to reject applications for voluntary redundancy, having regard to its overall
staffing requirements and the need to retain appropriate skills and expertise
within its organisation.
13.2.3 Voluntary
redundancy may be offered to an employee whose position will become surplus to
requirements because:
(i) A
facility will be closed and/or services or functions are being transferred to
an external contractor or discontinued; or
(ii) Substantial
restructuring has or will be occurring with the City; or
(iii) The skills and
knowledge specific to a particular group of employees is no longer in demand.
13.2.4 Where an employee
is requested to express interest in voluntary redundancy, the Executive Member
will be required to certify that the position held by the employee who is being
offered voluntary redundancy is surplus to requirements.
13.3 Ranking of
employees
13.3.1 Where there are
multiple employees performing a position which the City decides is surplus to
requirements, in order to decide which employee’s will have their position made
redundant, the City, in consultation with relevant unions, rank employees on
the basis of merit through:
(i) Comparisons
of the position descriptions, position selection criteria, experience, skills
profile or equivalent, and the conduct and performance (where appropriate) of
affected employees; or
(ii) Reference to
performance, where an employee’s conduct and performance has been assessed in
accordance with the City’s Performance Management Policy over a period of at
least 12 months preceding the date the City decides the employee’s position is
surplus to requirements.
13.3.2 An employee who
occupies a position that may be made redundant as surplus to requirements will
be given the opportunity to respond to the application of the selection
criteria identified in clause 13.3.1.
13.3.3 Employees whose
skills/experience least match the requirements of the existing available
positions or who, on a comparative basis, have a lesser level of performance,
will be targeted for voluntary redundancy.
13.4 Forced Redundancy
13.4.1 Forced redundancy
will only arise where an employees does not apply for voluntary redundancy and
refuses to participate in the City’s redeployment program.
13.4.2 Refusal to
participate in the City’s redeployment program may be established by the
employee:
(i) Declining
a meaningful and appropriate offer of redeployment. A meaningful and
appropriate offer of redeployment is one that involves redeployment to an
available position which:
(a) The employee
would be capable of performing after receiving a maximum of eight weeks
training;
(b) Is
no lower than two (2) salary band levels below the employee’s substantive
position (applies to Salary division only).
(ii) Refusing to
actively participate in a training, development or redeployment program. This
includes:
(a) Refusing
short-term work placements or special assignments;
(b) Refusing
directions under a work plan;
(c) Failing to
actively participate in training.
(iii) Failing to meet
the City’s standards of conduct as prescribed in the Code of Conduct.
(iv) Failing
to meet the performance standards for a position/project in which the employee
is placed during a redeployment and/or training program.
13.4.3 The entitlements
associated with forced redundancy differ from those associated with voluntary
redundancy.
13.5 Transfer of
Business Redundancy
13.5.1 A transfer of
business redundancy occurs where an employee elects to transfer their
employment to an external contractor of the City.
13.5.2 Where an external
contractor is successful in a tender and a tender provides for the transfer of
City employees to the contractor, an employee whose position the City decides
is surplus to requirements will have the following options:
(i) Apply
for a voluntary redundancy; or
(ii) Remain with the
City and participate in the redeployment and training program; or
(iii) Transfer
employment to work under the contractor, where appropriate.
13.5.3 If an employee
wishes to return to the City’s employ, the employee must pay back their
termination payment (excluding annual leave) in full upon recommencement. This
will enable the employee and the city to meet taxation obligations with regard
to concessional tax provisions and to retain the employee’s continuity of
service with the City.
13.5.4 The employee’s
entitlements upon transfer of business redundancy will be equivalent to that
listed in the New South Wales Protection
Act 1982 (or amendments).
13.6 Redeployment
13.6.1 Where an employee
who occupies a position that the City decides is surplus to requirements does
not elect to become voluntarily redundant the employee will be offered the
opportunity to be redeployed.
13.6.2 Employees who wish
to be redeployed are required to cooperatively participate in the City’s redeployment
program. The City’s primary objective in the redeployment process is to appoint
employees to a permanent position, consistent with the person’s skills,
knowledge and ability, as soon as is practicably possible.
13.6.3 Where redeployment
is an employee’s preference, the City will assess an employee’s suitability for
participation in the redeployment program and will assign the employee tasks,
responsibilities and training opportunities in accordance with the City’s
redeployment and redundancy procedures as contained in this Award.
13.6.4 To assist the City
to successfully redeploy employees, employees who are interested in
redeployment must:
(i) Actively
pursue development opportunities;
(ii) Seek out
alternative placements;
(iii) Compete on
merit for advertised positions of a higher level for which they may be
suitable;
(iv) Accept
any reasonable offer of appropriate alternative work.
13.6.5 While the City
will take reasonable steps to secure a permanent position for employees whose
position is to be made redundant, it may also be necessary for those employees
to:
(i) Accept
a corporate and operational project assignment or temporary position; and/or
(ii) Participate in
a skills development or training program; and/or
(iii) Accept a position
at a lower level to the position the employee previously held.
13.7 Corporate and
Operational Project Assignments
13.7.1 Corporate and
operational projects are fixed term job assignments (of up to 12 months) on
specified work. A project must have the approval of the Executive Member to be
suitable for assignment.
13.8 Ranking of
employees
13.8.1 Where there are a
number of employees whose positions the City decides are surplus to
requirements, the same principles in respect of ranking of employees for
redeployment opportunities will apply as set out in clause 13.3.1-13.3.3.
13.9 Salary
Maintenance
13.9.1 Where an employee
elects to participate in the City’s redeployment program, the employee will
retain the salary rate attached to their substantive position (i.e. the
position held immediately prior to being placed in the redeployment program)
until the employee is permanently appointed to another position.
13.9.2 Maintenance of a
higher duties allowance for redeployees will be paid
where, at the date of redeployment, the redeployee
has been employed continuously on higher duties in excess of twelve (12)
months. In this case higher duties payment will continue as salary maintenance.
13.9.3 An employee’s
salary rate in their substantive position will include payment of the following
allowances:
(i) Shift
allowances;
(ii) Supervisory
allowances;
(iii) Tool
allowances; and
(iv) Multiskilling
allowances.
13.9.4 The allowances in
clause 13.9.3 will only be included in the employee’s salary rate where the
allowance was paid for a continuous period of at least twelve (12) months
immediately proceedings the date on which the employee’s position was
identified as surplus to the requirements.
13.9.5 An employee who is
redeployed to a position which has a lower salary rate to the salary rate of
the employee’s substantive position will continue to receive salary maintenance
at the salary rate of their substantive position until the employee is
permanently appointed to another position of equal job evaluation (i.e. salary
band level).
13.10 Refusal to
participate in Redeployment Program
13.10.1 An
employee who refused to participate in the City’s redeployment program will be
counselled in accordance with the City’s policies.
13.10.2 An
employee whose position the City decides is surplus to requirements who does
not apply for a voluntary redundancy and who refuses to participate in the
redeployment program will only receive salary maintenance for a period of six
(6) months. This salary maintenance period will apply from the date the
employee is notified that their position is surplus to requirements.
13.10.3 An
employee who refuses redeployment who has been receiving salary maintenance in
excess of six (6) months will be made redundant in accordance with the forced
redundancy provisions of this Award.
13.10.4 An
employee who refuses redeployment who has been receiving salary maintenance
will be subject to formal performance based advancement through the salary
range of their previously held position. Future pay adjustments will also apply
to the salary rate of the employee’s previously held position.
13.11 Preferential Job
Placement
13.11.1 Where
the City identified a vacant position within its organisation, the City will
prefer redeployment of employees to the available position to the external
vetting of candidates. The City’s preference in this regards is subject to:
(i) Suitable
employee(s) being available for redeployment. Suitability will be assessed with
regard had to the minimum skill level of the employee(s) and the requirements
of the vacant position as well as the overall ability of the employee(s) to
adequately perform the duties of the position after having received appropriate
training and within a reasonable time-frame after redeployment; and
(ii) The salary rate
of the vacant position being no greater than the employee’s salary rate in
their substantive position.
13.11.2 The
suitability of an employee for redeployment to a vacant position will be
determined with reference to the employee’s:
(i) Qualifications,
experience and skills; and
(ii) Salary level;
and
(iii) Personal
circumstances; and
(iv) Willingness
to participate in training, if required.
13.11.3 When an
employee whose position is surplus to requirements is advised of a suitable
position (either temporary or permanent) for redeployment, the employee will
also be provided with information relevant to the position, including job
description, selection criteria, an organisation chart and particulars of
required training. A reasonable opportunity will be afforded to the employee to
obtain all relevant information pertaining to the position.
13.11.4 If two
or more employees are assessed as suitable for redeployment to a position, the
employee offered the appointment to the position will be determined in
accordance with the City’s merit based selection procedures and practices.
13.11.5 An
employee who is not selected for redeployment to an available position will be
provided with a written statement from the Executive Member detailing why the
employee was not redeployed to the position.
13.11.6 A
decision by the City whether or not to appoint an employee to an available
position is not subject to appeal.
13.12 Training
Where an employee is not able to be placed immediately
into an available position, the City may offer appropriate training. While the
City recognises its role in providing training to an employee whose position is
identified as surplus to requirements, employees have no rights of access to
formal training at the City’s expense. Whether or not training will be offered
to an employee will be decided by the City after considering.
(i) The
cost of training against the benefit to the quality of the City’s services;
(ii) The likelihood
of placement after training is completed;
(ii) The need to
fill the available position in a timely manner;
(iv) The
degree of training required to equip the employee to adequately perform the
duties of the available position;
(v) The employee’s
prior work performance; and
(vi) The
employee’s satisfactory completion of previous training programs.
13.12.1 Where
the city takes the view that training is appropriate and the employee who is
offered redeployment is willing to undertake the training, the City, in
consultation with the employee, will develop an appropriate training program.
13.12.2 Any
training program that the City requires an employee to carry out will be at the
expense of the City and, where possible, will be undertaken outside the
employee’s normal working hours, the employee will be granted time off in lieu
for the prescribed course hours.
13.12.3 At any
time during the training period, where appropriate, the employee will be
entitled to preferential appointment to an available position which does not
require training.
13.12.4 An
employee who requires training to perform the duties of an available position
may occupy the position in an acting capacity while the training is carried
out.
13.12.5 Where
training has been deemed necessary for redeployment of an employee, the
employee must satisfactorily complete all training requirements before
permanent appointment to the available position. In the event that the employee
does not satisfactorily complete all training requirements, the City may revoke
the offer to redeploy the employee to the available position.
13.13 Contract Employees
13.13.1 For the
purpose of this award, "contract employees" means employees
who are employed under the terms and conditions of the City’s Contract
Employment Policy and whose salary is linked to the City’s awards.
13.13.2 Consistent
with this Award, "contract employees" means employees who are
employed under the terms and conditions of the City’s Contract Employment
Policy and whose salary is linked to the City’s awards.
13.13.3 If, in
the event of workplace change initiatives (restructuring, competitive tendering
etc.), the employee’s services can be utilised in a similar role or capacity
where there is no loss in the employee’s salary, the duties and
responsibilities of an employee who is employed under the terms and conditions
of a written fixed-term contract may be varied. Any variation will be by
agreement, in writing, between the City and the employee concerned. An
agreement to vary the duties and responsibilities of a contract employee may
not be unreasonable withheld by either party.
13.13.4 The
termination provisions of the Contract of Employment will prevail if the
employee’s services cannot be utilised in a similar role or capacity without
loss of salary by the employee.
13.14 Voluntary
Redundancy resulting from redeployment action
13.14.1 Employees
who occupy positions that have been identified as surplus to requirements will
be offered voluntary redundancy in the first instance.
13.14.2 Employees
who, in lieu of voluntary redundancy, elect to participate in the City’s
redeployment program will remain eligible to apply for voluntary redundancy at
any time while placed in the program.
13.14.3 Once an
employee has been permanently appointed to an appropriate position, they will
no longer be eligible to participate in the redeployment program of apply for
voluntary redundancy.
13.15 Transfer of
Redundancy Application (mix and match arrangements)
13.15.1 Where
an employee, other than an employee occupying a position that has been
identified as being surplus to requirements, wishes to apply for voluntary
redundancy, the City may accept the voluntary redundancy application and allow
redeployment of the employee originally identified for voluntary redundancy.
13.16 Employee
Assistance and Counselling
13.16.1 Employees
who accept voluntary redundancy or elect to participate in the City’s
redeployment and retraining program will be entitled to assistance and
information which may include:
(i) Stress
management counselling;
(ii) Vocational
counselling which may include career transition, training opportunities and
occupational information;
(iii) Information on
programs to upgrade skills or acquire new skills;
(iv) Financial
counselling on matters associated with taxation, superannuation and financial
management;
(v) Assistance with
job search, resume preparation and interview skills.
13.17 Consultation
13.17.1 This
award recognises the rights of unions to represent the interests of employees
through consultation and or negotiation with the City where the City is in the
process of implementing workplace change.
13.17.2 Where
the city decides that a position(s) is surplus to requirements the following
consultative arrangements will apply:
(i) The
City will advise the relevant union and employees that the employees positions
have been identified as surplus to requirements;
(ii) The City will
provide the union with all relevant information pertaining to the employees
concerned, including classifications and work locations;
(iii) Discussions
between the City and Union will cover the reasons for the surplus staffing
situation and the measures,
if any, which could be taken
to reduce the incident of employees becoming surplus to requirements;
(iv) After
consulting with the relevant union and affected employees, the employees whose
positions are deemed surplus to requirements will be given written notification
of the redundancy of their positions and will be given further information in
respect of the redeployment and training options available to them.
13.18 Redundancy
Entitlements
13.18.1 The
Basis for calculating a redundancy entitlement
13.18.2 For the
purpose of calculating any payment under the schedules contained in this clause
"weeks pay" means the ordinary rate of pay
for a week’s work for the employee concerned except where an employee:
(i) Has
been acting in a higher position for a continuous period of at least twelve
(12) months immediately preceding the date on which
the City decided the employee’s position was surplus to requirements. In those
circumstances the employees "weeks pay"
will be derived from the employee’s salary in a higher position at that date;
or
(ii) Has been
receiving an allowance (e.g. shift allowance) for a continuous period of at
least twelve (12) months immediately preceding the
date on which the City decided the employee’s position was surplus to
requirements. In those circumstances the weekly average amount of the allowance
received during the twelve (12) month period will be counted as part of the
"weeks pay".
13.18.3 For the
purpose of calculating any payment under the Schedules in this clause
"years of service" means completed full years of service from the
date the employee commenced employment with the City.
13.19 Voluntary
Redundancy
Schedule
|
Weeks
|
Termination pay in lieu of notice
|
4
|
Job Search Allowance
|
10
|
4 weeks pay per year of service
for the first 5 years
|
20 (maximum)
|
2 weeks pay per year or service
thereafter
|
18 (maximum)
|
Maximum Available
|
52 weeks
|
13.19.1 Sick
leave accrual prior to 14 February 1993 will be paid out to a maximum of 14
weeks.
13.19.2 Gratuity
entitlements, as per the Applicable award will be paid out.
13.19.3 Out-placement
services up to a value of $3,000 per person will be provided, where requested
by the employee concerned.
13.20 Forced Redundancy
13.20.1 Forced
redundancy payments will be based on the voluntary redundancy benefits with the
following exceptions:
(i) The
job search provisions will not apply;
(ii) The maximum
weeks available will be limited to 42 weeks;
(iii) No
out-placement services will be provided.
13.21 Transfer of
business Redundancy
The Employment Protection Regulation 2001 (New South
Wales) - Schedule 1 - Scale of Severance Payments
Length
of continuous service by employee
|
Rate for
calculation of amount of severance
|
|
payment
|
|
If employee is less
than
|
If employee is over
|
|
45 years of age
|
45 years of age
|
Less than 1 year
|
Nil
|
Nil
|
More than 1 years but less than 2
|
4 weeks pay
|
5 weeks pay
|
More than 2 years but less than 3
|
7 weeks pay
|
8.75 weeks pay
|
More than 3 years but less than 4
|
10 weeks pay
|
12.5 weeks pay
|
More than 4 years but less than 5
|
12 weeks pay
|
15 weeks pay
|
More than 5 years but less than 6
|
14 weeks pay
|
17.5 weeks pay
|
More than 6 years
|
16 weeks pay
|
20 weeks pay
|
13.22 Re-employment and
or Re-engagement of Employees
13.22.1 Employees
who have left employment with the City due to redundancy, except for employees
who have accepted a transfer of business redundancy entitlement, will not be
re-employed or engaged in any capacity within fifty two (52) weeks from their
separation date.
13.22.2 Clause
13.17 applies equally to situations where individuals are employed or engaged
on a permanent, causal, agency, consultancy or contract basis in respect of:
(i) A
full-time or part-time employee or contract basis in respect of:
(ii) Company trust,
partnership or sole trader where the ex-employee is a principal; or
(iii) An employee of
a contractor, consultancy or agency which has a separate legal entity to the
employee.
13.22.3 For all
hiring and recruitment, the delegated officer is to certify that the person
being hired did not leave the City’s employment due to redundancy within fifty
two (52) weeks from the commencement date.
13.22.4 For all
engagements of contractors or consultants, the engaged manager is to certify
that the contractor or consultant performing the work or providing the services
did not leave the City’s employment due to redundancy within fifty two (52)
weeks from their engagement date. This should be verified by a written
statement from the contracting or consultancy company
or agency.
13.22.5 Exceptions
to this requirement may only be approved by the Chief Executive Officer and
cannot be sub-delegated. The Lord Mayor and the relevant union must be advised
of an approval under this clause.
13.22.6 Where
exceptions are approved, employees who are re-employed or re-engaged will be
made aware of their financial responsibilities with respect to superannuation
and redundancy payments paid at concessional taxation rates.
P.
M. KITE, Chief Commissioner.
____________________
Printed by the authority of the Industrial Registrar.