Newcastle City Council Award 2006

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Newcastle City Council.

 

(No. IRC 1056 of 2006)

 

 

AWARD

 

1.  Arrangement

 

Clause No.         Subject Matter

 

2.         Definitions

3.         Parties, application and duration

 

Communication, Engagement and Involvement

4.         Preamble and Intent

5.         Employment Levels

6.         Occupational health, Safety and Rehabilitation

7.         Equal Employment Opportunity

8.         Anti-Discrimination

9.         Learning and Development

10.       Management, Union and Employee Relationship

11.       Consultation

12.       Change

 

Contract of Employment

13.       General

14.       Types of Employment

15.       Apprenticeship and Traineeship

16.       Employment Promotion and Appointment

17.       Probation

18.       Termination Of Employment

19.       Redeployment And Redundancy

20.       Salary System

 

Hours of Work

21.       Ordinary Hours

22.       Flexible Working Arrangements

23.       Meal Breaks And Meal Allowances

24.       Work Rosters and Penalties

25.       Overtime Leave

 

Leave

26.       Annual Leave

27.       Long Service Leave

28.       Sick Leave

29.       Carers’ Leave

30.       Public Holidays

31.       Parental Leave

32.       Bereavement Leave

33.       Leave Without Pay

34.       Blood Bank Leave

35.       Avoiding and Resolving Grievances

36.       Managing for Performance General

37.       Organisational Pay Increases

 

Monetary Rates

 

Table 1 - Ordinary Rates of Pay - Trainees and Apprentices

Table 2 - Ordinary Rates of Pay - All Other Employees

Table 3 - Other Rates and Allowances

 

Appendix A- Hours of Work - Continuing Arrangements

Appendix B - Skills/Qualifications Allowances

 

2.  Definitions

 

2.1        Ordinary Hourly Rate means the Ordinary Rate for an employee divided by their ordinary weekly hours of work.

 

2.2        Ordinary Rate means the ordinary salary rate for an employee in accordance with Clause 20 and the rates set out in Table 1 or Table 2.

 

2.3        Permanent employee means a Full Time or Part Time employee engaged under an ongoing contract of employment. Temporary, Fixed Term or Project employees, Casual employees, Apprentices and Trainees are not Permanent employees.

 

2.4        Weekly employee means an employee other than a casual employee.

 

2.5        Unions means:

 

The New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (USU);

 

The Local Government Engineer's Association of New South Wales (LGEA);

 

The Development and Environmental Professionals' Association (DEPA).

 

3.  Parties, Application and Duration

 

3.1        This award shall be known as the Newcastle City Council Award 2006 (The Award).

 

3.2        The Parties to the Award are Newcastle City Council (NCC) and the Unions.

 

3.3        The Award shall be binding on the Parties and all employees of NCC, other than those covered by Entertainment and Broadcasting Industry - Live Theatre and Concert Award 1998 and Senior Officers as defined in the Local Government Act 1993.

 

3.4        The Award rescinds and replaces the Newcastle City Council Employees’ Award 2003 published 13 February 2004 (343 I.G. 228) and the Newcastle City Council Top Value Partnership Award 2003.

 

3.5        This Award will commence from the first full pay period to commence on or after 2 March 2006 and will remain in force for 3 years.

 

Communication, Engagement and Involvement

 

4.  Preamble and Intent

 

4.1        The vision and strategic direction identified in NCC’s Management Plan represent the broad context in which the Parties’ commitments in this Award will operate.

 

Our task as an organisation is to implement the Management Plan.  As we carry out our responsibilities we will be guided by the organisation’s values.

 

4.2        The Parties are committed to the continuing development of work teams across the whole organisation.  The organisation will ensure that teams have the opportunity to discuss actions leading to continuous improvement.

 

One of the key outcomes of a continuous improvement process is an increase in flexibility of both operations and individual staff.

 

Continuous improvement processes and the need to demonstrate external competitiveness may in time impact upon the core levels of permanent employees within each work team. To ensure the optimal use of core permanent employees, the interchange ability of employees with similar skills and training will be utilised to perform similar work activities. Additional training will be provided to facilitate the maximum degree of interchange ability.

 

In the context of employment security, continuous improvement may result in jobs and functions within the organisation not remaining as they are. As this change occurs, staff will need to gain new skills and accept new responsibilities.

 

4.3        Current policies, work systems and procedures, organisation structures, award provisions, hours of work or any other conditions will not limit the investigation of barriers to improvements and changes as determined and agreed by the work teams and management. The Parties to this Award also recognise the changing needs of the community in regard to the availability of flexible employment arrangements of various types.

 

It is therefore an objective of the Parties to provide maximum flexibility in regard to employment arrangements available within NCC whilst ensuring that budgetary requirements are observed and existing employees are not disadvantaged.

 

4.4        The Parties are committed to ensuring that, as far as possible, the workplace accommodates the reasonable requirements of employee’s work, life and family responsibilities to enable employees to manage the demands of work and their other life activities while they achieve the common objectives for the business. Flexibility will be considered where the business needs can continue to be met and there are real benefits to both the employee and NCC.

 

5.  Employment Levels

 

Employees are the organisation’s most valuable asset. It is agreed that security of employment assists employees in providing Top Value service to rate-payers. Providing services at competitive rates will continue to ensure employment security for employees.

 

6.  Occupational Health, Safety and Rehabilitation

 

6.1        NCC, the Unions and all employees will strive to improve the standards and practices of OHS in all work places and will regard all relevant legislation, regulations, standards and Codes of Practice as the minimum acceptable standards.

 

6.2        NCC, the Unions and all employees are committed to a systems approach to managing Occupational Health and Safety with the objective to achieve a zero harm workplace.

 

The commitment includes:-

 

Application and participation in the risk assessment process;

 

Documenting medium to high risk processes and following the documented procedures;

 

Consultation on all OHS matters;

 

Communicating OHS information;

 

Provision of, and attendance at OHS training;

 

Participation in Return to Work programs following injury and illness.

 

7.  Equal Employment Opportunity

 

7.1        The Parties to the award are committed to the application of equal employment opportunities principles. The adoption of these principles will continue to ensure that employees are provided with a work environment free of discriminatory practices and equity in all employment opportunities and related issues.

 

7.2        To continue to achieve NCC’s EEO program, all Parties agree to cooperate in the activities associated with the on-going review and implementation of NCC’s EEO Management Plan. The annual review of the plan will address relevant employee issues to ensure the elimination of discriminatory practices, including harassment, and aim to continue to raise the awareness level and knowledge of employees in EEO principles in all facets of their work.

 

8.  Anti-Discrimination

 

8.1        It is the intention of the Parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.

 

8.2        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the Parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the Parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

8.3        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

8.4        Nothing in this clause is to be taken to affect:

 

(a)               any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

8.5        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.

 

9.  Learning and Development

 

9.1        Learning and development opportunities will continue to be offered to all employees in order to develop a high performance and flexible workforce achieving increased job satisfaction.

 

Employees will be encouraged and given the opportunity to acquire additional skills to improve their career opportunities in line with organisational objectives.

 

9.2        Learning and Development will primarily be discussed and identified through the Performance Development System.

 

All permanent employees will have a Performance Development - Action Plan. The Performance Development System is about helping employees and teams achieve continuous improvement to reach Top Value. It is about providing feedback on performance and discussing an employee’s objectives within NCC. Action Plans will be agreed between NCC and the employee as part of the Performance Development meeting.

 

9.3        Learning and Development will also be identified through a development plan for employees appointed to Level 1 and Level 2 of the salary range for their role in accordance with the salary system. The development plan will be developed by management in consultation with the employee, with the aim of satisfying selection criteria thereby allowing the employee to progress to Level 3.

 

9.4        Identification of training needs may be raised through the Training Request (TITN) form. This process allows teams and/or individuals to nominate for training in line with team/organisational objectives on an as needs basis.

 

9.5        Learning and Development may also be identified through meetings held in accordance with the Counselling and Disciplinary Procedure.

 

9.6        Learning and Development initiatives may take various forms, for example, formal training, on the job training, mentoring, secondment to external organisations or within NCC.

 

NCC shall provide support to ensure Learning and Development is consistent with this clause.

 

10.  Management, Union and Employee Relationship

 

The Award is based on a continuing collaborative relationship between management, employees and Unions. To maintain this relationship requires:

 

Effective and timely communication between Management, employees and Unions;

 

Discussion and consultation on change;

 

Opportunity for employees to contribute ideas, views and suggestions, and have those considered;

 

Recognition of the role of union delegates and representatives;

 

Opportunity for union representatives and management to discuss issues.

 

11.  Consultation

 

11.1      The Parties to the Award are committed to a collaborative effective working relationship to enhance workplace efficiency and productivity. 

 

11.2      A Consultative Committee representative of the NCC workforce will be maintained. The committee will include two employees nominated by the USU, one employee nominated by each of DEPA and LGEA, two staff representatives elected by staff and management representatives nominated by the General Manager. An Officer of each Union may participate in all Committee meetings. The Committee shall meet regularly as it determines, but not more often than monthly.

 

11.3      The purposes of the Committee are to:

 

foster constructive relations between employees, management and Unions;

 

openly discuss and consider significant workplace issues;

 

review operational performance and effectiveness;

 

make recommendations and observations for management consideration;

 

achieve collaboration and consensus.

 

12.  Change

 

12.1      Change includes but is not limited to:

 

changes in work practices, job redesign, staffing levels and structure;

 

changes which may involve redundancies;

 

introduction of new technology;

 

changes to service delivery;

 

changes to the days on which work is performed.

 

12.2      Workplace change will be discussed with affected employees before decisions are made. The discussion will allow opportunity for input and consideration of alternatives. In discussing workplace change, the following matters shall be addressed:

 

the reason/need for change;

 

the changes proposed and alternatives;

 

the effects of the change;

 

how the change could be implemented;

 

the timeframe for change;

 

the timeframe for input, consideration and feedback;

 

measures to mitigate or reduce adverse impacts on employees.

 

12.3      Consultation will also include discussions with the relevant Union if requested by an employee directly affected by the change.

 

Contract of Employment

 

13.  General

 

13.1      An employee may be engaged as a Full Time, Part Time or Casual employee, as an Apprentice or as a Trainee.

 

13.2      Employment shall be by the week, except for Casual employees. A Weekly Employee shall be entitled to a week's pay at ordinary rate for every week, but shall not be entitled to pay for time not worked unless the absence was covered by approved paid leave, or caused by and/or due to circumstances for which NCC could reasonably be held responsible.

 

13.3      An employee shall perform such work as the NCC requires, provided that the employee has the skills, training and experience to undertake the work in a safe and effective manner.  An employee may be required to work reasonable overtime, including attending NCC meetings.

 

13.4      An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

13.5      For the purposes of subclause 13.4 what is unreasonable or otherwise will be determined having regard to:

 

any risk to employee health and safety;

 

the employee’s personal circumstances including any family and carer responsibilities;

 

the needs of the workplace or enterprise;

 

the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

any other relevant matter.

 

13.6      NCC may deduct payment for any day an employee cannot be usefully employed because of any strike, or any unexpected stoppages of work from a cause which NCC cannot reasonably prevent. No deduction shall be made from a weekly employee on account of wet weather.

 

14.  Types of Employment

 

14.1      A Full Time employee is engaged to work the Full Time ordinary hours specified in clause 21 and is entitled to all the provisions of the Award.

 

14.2      A Part Time employee is engaged to work a regular number of hours less than the Full Time ordinary hours specified in clause 21.  A Part Time employee may work additional ordinary hours, paid at the ordinary hourly rate, up to the number of Full Time hours, by agreement with management.  Job Share is a form of Part Time work.  A Part Time employee is entitled to the provisions of the Award in proportion to the hours they work.

 

14.3      An employee may change from Part Time to Full Time employment or from Full time to Part Time by agreement with NCC.

 

14.4      A Fixed Term or Project employee is a Full Time or Part Time employee engaged for a fixed term or project. An employee will only be engaged for a fixed term in positions which are of a fixed term or non continuous nature.

 

14.5      A Temporary employee is a Full Time or Part Time employee engaged to supplement or temporarily replace Permanent employees.

 

14.6      A Casual employee is an employee engaged and paid on an hourly basis.  A Casual employee is paid the ordinary hourly rate for the work performed, plus a casual loading of twenty per cent, for each ordinary hour worked. Any penalty or overtime rates are calculated excluding the casual loading.

 

14.7      A Casual employee will be paid a minimum of 2 hours per casual engagement irrespective of the time worked.

 

14.8      Casual employees may be engaged to supplement Weekly employees, to cover peak levels of activity, or to replace short term absences of Weekly employees.

 

15.  Apprenticeship and Traineeship

 

15.1      An apprenticeship or indentured traineeship under the Apprenticeship and Traineeship Act 2001 may be established.  NCC may engage a non-indentured trainee to pursue a relevant course of external study while working for NCC.

 

15.2      An apprentice or trainee may perform any duties providing relevant experience in any appropriate aspect of NCC activities.

 

15.3      An apprentice or trainee under 18 years of age will not be required to work overtime or shift work unless they so desire.

 

15.4      There is no guarantee of continued employment on completion of an apprenticeship or traineeship.

 

16.  Employment Promotion and Appointment

 

16.1      Employment on Merit

 

Employment and promotion will be on merit. When assessing merit the following criteria will be considered:

 

Demonstrated competencies;

 

Qualifications and/or specialist knowledge and/or skill;

 

Relevant experience for the position;

 

Satisfaction or capacity to achieve position selection criteria;

 

Performance in previous position(s) including attendance and punctuality.

 

Where a decision on an appointment rests between an internal applicant and an external applicant of equal merit, preference will be given to the internal applicant.

 

Upon request, unsuccessful internal applicants will be given in writing the reasons for not being appointed.

 

16.2      Written details of employment conditions

 

On being offered a position, an employee will be provided written confirmation that employment is covered by this Award and:

 

The type of employment (Full time, Part Time, Casual, Temporary or Fixed Term);

 

The hours and days to be worked;

 

The work to be performed and position description;

 

The classification and rate of pay.

 

During employment, any changes to employment arrangements in accordance with the Award will be confirmed in writing to the employee.

 

17.  Probation

 

The probationary period will be used to assess whether the employee has the skills and ability needed to carry out the job in accordance with the Position Description and consistent with NCC’s Code of Conduct.

 

17.1      All new permanent and temporary employees will be employed for a probationary period at the commencement of their employment.  The employee will be advised of the duration of the probationary period in their letter of offer.

 

17.2      Duration of the Probation Period

 

The length of the probationary period will be determined considering the nature of the employment.  Ordinarily the probationary period will be for a period of three months however there may be circumstances where a lesser period or greater period (up to 6 months) will be applied.  Probationary periods greater than three months may apply in cases where the nature of the role is such that it is not possible to fully assess the suitability of the employee during a three-month period. Typically, these would be management or specialist positions.

 

17.3      Extension of the Probation Period

 

The probationary period shall be extended for a further period of up to three months upon the expiration of the initial probationary period where:

 

The level of performance does not meet the required standard and there are concerns about the employee's suitability for the position;

 

There has been an extended period of absence and it has not been possible to determine the employee's suitability for the role;

 

The employee shall be offered counselling and/or training during an extended probationary period. Where the probationary period is extended, the employee shall be given the reasons in writing;

 

The employee will be advised of the possible extension of the probationary period in their letter of offer.

 

17.4      Performance Review

 

The employee's performance will be assessed throughout the probationary period and they will be given feedback about their performance.

 

17.5      Conclusion of the Probation Period

 

After successful completion of the probationary period the employee shall be confirmed in continuing employment.

 

At the completion of the probationary period, if NCC determines that the employee is not suitable for the role, the employee will not be offered continuing employment. The employee will be terminated immediately upon expiry of the probationary period.

 

18.  Termination of Employment

 

18.1      By Employee

 

A Casual employee may terminate their employment effective at the conclusion of a day or shift.

 

A probationary employee may terminate their employment by giving one weeks notice.

 

All other Weekly employees may terminate their employment by giving two weeks notice. If notice is not given, NCC may deduct pay equivalent to the required notice from any entitlements payable under this Award.

 

NCC and an employee may agree to a shorter period of notice.

 

18.2      By NCC

 

NCC may:

 

terminate the employment of a Casual employee by notice given at time during a day or shift to be effective at the conclusion of that day or shift;

 

terminate the employment of a probationary employee by giving two week’s notice or by payment in lieu;

 

subject to other conditions of this award terminate the employment of all other Weekly employees by giving notice of termination or by payment in lieu as follows:

 

 

19.  Redeployment and Redundancy

 

19.1      Redeployment and redundancy applies to Permanent employees who are surplus to staffing requirements.

 

19.2      Principles

 

The primary objective is to retain employees within NCC employment. NCC will maintain employment levels set each year in the Management Plan. Any change in employment levels will be discussed with the Consultative Committee.

 

Where NCC considers there are more people than required in a work area, management will consult with the employees directly affected, and at the request of any of the employees affected, the relevant Union(s).

 

Consultation will include the nature and reasons for the proposed change, the anticipated reduction in number of employees, and the anticipated time frame.

 

Where the number of employees is to be reduced, NCC will consider in order:

 

natural attrition;

 

redeployment (transfer) within NCC to a comparable position;

 

voluntary redundancy.

 

There will be no required redundancy except in accordance with Subclause 19.5.

 

19.3      Redeployment (Transfer)

 

Redeployment should be to a comparable position. Comparable position means a position of comparable skills, accountability and salary point.

 

An employee may be redeployed to a position at a lower Salary Point, if the employee agrees, as an alternative to redundancy. The employee will retain their existing rate of pay but no further increases will be applied until such time as the rate of pay for the new position exceeds the existing rate of pay, provided that an employee who commenced prior to 17 April 1998 will retain their existing rate and be entitled to increases flowing from this Award without reverting to the rate of pay for the new position.

 

While an employee is being considered for redeployment, the employee may request voluntary redundancy.

 

Employees who are redeployed as an alternative to redundancy have no subsequent entitlement to redundancy in respect of the position which they have originally held.

 

19.4      Voluntary Redundancy

 

NCC may offer an employee voluntary redundancy where the person is surplus to organisational needs.

 

NCC may invite expressions of interest for voluntary redundancy to provide opportunities for transfer of surplus employees. This includes invitations to employees in other work areas to enable a "mix and match" approach.  NCC reserves the right to reject any person where the number of volunteers exceeds the positions to be reduced or where it needs to retain skills and expertise. Where there are more volunteers than required, a merit based selection process will be used to determine who is to be offered voluntary redundancy.

 

Where a voluntary redundancy is offered and accepted, the date of termination will be determined by NCC in accordance with operational requirements.

 

Temporary, Casual and Fixed Term employees, Apprentices and Trainees are not eligible for voluntary redundancy.

 

19.5      NCC may terminate an employee on the basis of a required redundancy where an employee surplus to organisational requirements has:

 

refused to actively participate in a redeployment process, or

 

rejected redeployment to a comparable position.

 

19.6      Redundancy Package

 

19.6.1   Written Advice

 

An employee will be provided written confirmation that their employment has ceased on the grounds of redundancy.

 

19.6.2   Notice

 

Where NCC and the employee agree on a termination date, payment will be made to that date.

 

Where the NCC determines the date, the employee will be given four weeks notice or payment in lieu of notice.  An employee aged over 45 with five or more years service will be entitled to five weeks notice or payment in lieu.

 

19.6.3   Severance Pay

 

Severance pay is three weeks pay per year of service with a maximum of 42 weeks. Service is continuous service with NCC as the employer, and is calculated in years and weeks.

 

An employee made redundant, except an employee terminated by NCC in accordance with Subclause 19.5, will be entitled to the following additional payment:

 

less than 1 year’s service - 2 weeks’ pay;

 

1 year and less than 2 years’ service - 4 weeks’ pay;

 

2 years and less than 3 years’ service - 6 weeks’ pay;

 

3 years’ service and over - 8 weeks’ pay.

 

19.6.4   Leave payments

 

Payment of accrued and pro rata annual and long service leave will be made in accordance with the Award, and payment of sick leave in accordance with NCC policy.

 

19.6.5   NCC will allow up to one day per week paid time off during the notice period to seek alternative employment and if requested, one outplacement and one financial planning counselling session by a provider of the employee’s choice at NCC expense.

 

20.  Salary System

 

20.1      General

 

20.1.1   Monetary Rates are set out in Table 1 and 2.

 

20.1.2   The rates of pay referred to in Part B include allowances paid for skills used under previous award provisions (see Appendix B, Skills /Qualifications Allowances).

 

20.1.3   The Salary System consists of 24 Salary Points.

 

20.1.4   A competency based model applies to positions at Salary Points 1 to 6.  A review of the competency based system will be undertaken by the Parties and completed within six months of the commencement of the Award.  Matters to be reviewed will include, but not be limited to: consistency in competences, appropriateness of banding salary points, the impact of job evaluation and progression.

 

20.1.5   For Salary Points 7 - 24 the Salary System includes the following features:-

 

For each Salary Point, six salary levels from 94% to 109% of the Salary Point rate of pay;

 

Each level has defined criteria. Initial placement and advancement through the salary range will be determined by management’s assessment of the employee’s demonstrated ability to satisfy the criteria for each level;

 

The Salary Point Level 3 (100%) rate represents the competent rate for the position;

 

On commencement in a position employees will be paid Level 1 or Level 2 only if they do not possess the criteria required for the position. Employees placed on Levels 1 or 2 will be assessed for advancement to the next level on completion of the probationary period if applicable and otherwise within six months of commencement in the position;

 

Payment at Level 4 requires satisfaction of the essential and highly desirable job requirements/selection criteria and demonstrated initiative in identifying and resolving work problems independently over a review period;

 

Payment at Levels 5 and 6 is based on increased capability and added value criteria;

 

A review of salary levels or position in salary scales for weekly employees at Salary Point 7 and above will be conducted annually;

 

Salary Scales include a range of Salary Points. Employees move through the Scales by satisfying criteria for each Salary Point on the Scale. An employee on a Scale can only access the salary levels above the 100% level when they reach the Salary Point at the top of the Scale (that is, they have moved through all lower salary points of the Scale).

 

20.2      Retention of salary

 

An employee shall not have their salary reduced, unless:

 

they are demoted for disciplinary reasons, or

 

they transfer at their request to a lower paid position.

 

An employee paid under the previous classification structure ("old system rate of pay, present occupant only rate") shall continue to be paid that rate and receive organisational increases based on that rate unless entitled to higher rate under this Award.

 

20.3      Higher Duties

 

20.3.1   Where an employee is authorised to relieve in a position at a higher Salary Point, the employee will be paid the salary level of that Salary Point at which they satisfy the criteria with a maximum payment of Level 4.

 

20.3.2   Where an employee relieves in a position at a higher Salary Point and either does not perform the whole job or does not possess all the essential criteria for the higher position, a lesser salary point will be determined by mutual agreement between the employee and management prior to commencement of higher duties.

 

20.3.3   When an employee relieves in a higher position where a number of Salary Points apply, the employee shall normally receive the lowest applicable to the position, and the salary point will be determined by mutual agreement between the employee and management prior to commencement of higher duties.  Normally the employee will receive the lowest salary point applicable to the position.

 

20.3.4   In order to qualify for higher pay the period of relief must be at least the following:

 

One continuous week for an employee whose normal salary is Salary Point 16 or above;

 

Three consecutive working days for an employee whose normal salary is Salary Point 10 to 15;

 

Two hours in all other cases, provided that the higher duties will be paid for the day or shift where relief is for a period of 4 hours or more.

 

20.3.5   Where an employee relieves in a lower Salary Point they will continue to be paid their normal salary.

 

20.4      Work Covering More than One Position

 

Where an employee performs work in more than one position, they will be paid the relevant rate for the time worked in each position. The rate may be averaged for ordinary hours worked. Overtime will be paid for time worked in excess of or outside maximum daily and/or weekly ordinary hours of work, provided that where both 38 and 35 hour ordinary hours work is involved, overtime is only payable after 38 hours in a week.

 

20.5      Payment of Salary

 

Employees will be paid weekly by means of electronic transfer to their nominated account with an approved financial institution. There will be a weekly pay period ending Sunday and a pay day not later than Thursday of the following week.

 

On transition to this arrangement, an employee previously paid in advance will be paid a dollar sum advance so that they receive a full weeks ordinary pay on transition (subject to any leave without pay taken). The amount of the original advance will be deducted on termination from any payments due.

 

An employee may at their request be paid fortnightly or monthly, and/or be paid an aggregated salary of components calculated in accordance with the Award.

 

20.6      Salary Packaging and Superannuation

 

20.6.1   Superannuation Contributions

 

Subject to the provision of the Industrial Relations Act 1996, NCC will make superannuation contributions to the Local Government Superannuation Scheme.

 

20.6.2   Superannuation Salary Sacrifice

 

An employee may elect to salary sacrifice superannuation contributions.  Such salary sacrificed superannuation will be treated by NCC as employer contributions, in addition to the contributions required to be made by NCC.

 

20.6.3   Salary Packaging

 

NCC and an employee may enter a salary sacrifice arrangement which allows an employee to receive part of their pre tax salary as a benefit.

 

20.6.4   Any allowance, penalty rate, overtime, payment for unused leave entitlements, weekly workers’ compensation, or other payment, will be calculated on the Ordinary Rate or Ordinary Hourly Rate before salary sacrifice.

 

20.7      Expenses and Allowances

 

20.7.1   Rates of allowances are set out in Table 3.

 

20.7.2   Fares and Expenses

 

NCC will pay all reasonable out-of-pocket expenses and travelling expenses incurred by employees in the discharge of their duties on the next usual payday.

 

When an employee is required by NCC to use their private vehicle on NCC business, it will pay Vehicle Allowance. NCC will not require an employee to provide and use their private vehicle on NCC business on a permanent basis.

 

20.7.3   Follow-the-Job Allowance

 

In the absence of provision of transport facilities by NCC, Follow-the-Job Allowance shall be paid to employees associated with road and/or footpath construction or other works of a transient nature who are required to start and finish on the job at locations other than Turton Road Depot or other normal starting points.

 

The Allowance is designed to compensate for any inconvenience which may be caused to the abovementioned employees as a result of frequent changes in starting points.

 

The Allowance shall be paid once for each day of attendance for work including days on which overtime is worked, but shall not be paid for public holidays not worked, annual leave, sick leave, long service or leave without pay.

 

20.7.4   Tool Allowance

 

Employees (including leading hands) engaged as Carpenter, Plumber, Motor Mechanic, Mechanical Fitter, Bricklayer, Painter, Signwriter or Blacksmith who are required by NCC to supply and maintain the normal kit of tools pertaining to their trade will be paid Tool Allowance. Tool allowance will be paid during absences on annual leave, long service leave and sick leave.

 

An employee paid Tool Allowance shall be entitled to be reimbursed by the NCC for loss of tools up to the Value of Tools Reimbursement when such tools are lost by theft from a breaking and entering outside ordinary working hours whilst the tools are stored at the NCC’s direction on the job.  The employee shall, if requested, provide a list of tools so used.

 

Where apprentices are required to supply and maintain a kit of tools pertaining to their trade, NCC shall pay seventy five percent (75%) of the relevant tradesperson, calculated to the nearest 10 cents.

 

20.7.5   Special Conditions Allowances

 

An employee, other than Waste Management Service employee, will be paid the following allowances in addition to their normal weekly rates, to compensate for special conditions  associated with their duties:-

 

Asphaltic Concrete - Employees engaged in laying of asphaltic concrete, ie performing the operations of emulsion spraying and/or shovelling and/or screeding and/or rolling and/or transporting

 

Employees qualified in the use of an Oxy-Viva 3 Resuscitation Unit who may be required in the course of their duties to use such unit (where recompense for such activity is not incorporated in the employee’s normal rate of pay)

 

First-Aid Allowance - Employees required to carry out first-aid duties in conjunction with their normal duties, (where recompense for such activity is not incorporated in the employee’s normal rate of pay)

 

Emergency Wardens - The Allowances will apply where Emergency Wardens are appointed to act within Emergency Plan requirements developed in accordance with AS 3745.

 

Work Area Allowance

 

A weekly Work Area Allowance is payable to employees who perform work for the whole week in the specified work areas.  Employees will continue to be paid the Work Area Allowance while on approved leave with pay.

 

 

20.7.6   Confined Space

 

An employee required to work in a confined space and the competent person required to observe an employee working in a confined space shall be paid Confined Space Allowance.

 

A confined space means an enclosed or partially enclosed space that:

 

is not intended or designed primarily as a place of work; and

 

is at atmosphere pressure while persons are in it;

 

may have an atmosphere with potentially harmful contaminants, an unsafe level of oxygen or stored substances that may cause engulfment; and

 

may (but need not) have restricted means of entry and exit.

 

20.7.7   Shift Allowances

 

This subclause shall not apply to the classifications Rangers; Animal Control Officers, Ordinance Officers, Computer Services Staff, Cleaners, Commissionaires, Library employees, Parking station employees and Pool employees.  Additional payments for such employees are prescribed in Appendix A.

 

2 or 3 Shift Allowance - employees required to work on a two shift or three shift roster.

 

Early Morning Shift Allowance - employees other than a Garbage or Street Cleansing Section employee who is required to work a shift which commences at or after 4.00am and before 5.30am Monday to Friday inclusive, except a public holiday.

 

Broken Shift Allowance - employees required to perform a rostered daily shift in two parts

 

The allowances prescribed herein shall stand alone and not be taken into account in the calculation of penalty rates.

 

20.7.7   Protective Clothing and Equipment

 

Employees will be entitled to protective clothing and equipment, in accordance with the NCC Clothing Policy.

 

20.7.8   Wet Weather

 

Employees will not be required to work outdoors in wet weather unless protective clothing is supplied for this purpose. Employees who are required to work outdoors in wet weather and get wet on the job will be allowed to cease work and return home without deduction of pay for the purpose of changing clothes.  If required, they will promptly return to work, provided that NCC will pay any fares or pay Vehicle Allowance for the return journey to their home. Employees reporting for duty on wet days who do not become wet on the job will perform such work as reasonably required or standby as directed under cover.

 

Hours of Work

 

21.  Ordinary Hours

 

21.1      The ordinary hours of work for employees engaged in the following functions shall be 35 hours per week:

 

Management / Administration / Clerical;

 

Engineering / Architecture / Surveying / Landscape Architecture / Strategic / Environmental / Health / Building / Planning (Professional);

 

Technical Services (including Engineering Technical, Computer Services and Printing);

 

Library Services;

 

Art Gallery and Museum (Professional).

 

21.2      The ordinary hours of work for all other employees will be 38 per week

 

21.3      Ordinary daily hours of work will be not more than 12 hours

 

21.4      Except as otherwise provided, the ordinary hours for all employees shall be between Monday and Sunday.  All hours existing at the commencement of this award will continue to remain in force except where altered in accordance with this clause.

 

21.5      The ordinary hours for employees engaged in the following function shall be between Monday and Friday:

 

Administration;

 

Building Surveyors;

 

Engineering (Professional and Trainees)

 

Finance

 

Health Surveyors

 

Road Construction and Road Maintenance excluding grant funded work

 

Supply Services

 

Town Planning

 

Trade Functions excluding Mechanical Trades

 

21.6      When NCC commences introducing ordinary hours between on Saturday and/or Sunday to new areas of work, or to alter existing arrangements of hours, NCC shall prepare a business case for consultation with the relevant unions which will recognise of NCC’s family friendly working commitments.

 

21.7      No employee employed at the commencement of this award shall be compelled to work ordinary hours on Saturday and/or Sunday except as otherwise provided in this clause or Appendix A.  Employees will only enter these arrangements by agreement or as a result of an employee initiated lateral transfer, demotion at management initiative or appointment to a position outside their career progression. 

 

Where an individual is not participating in a weekend work arrangement, NCC may transfer the employee to a position of comparable skills and accountability levels in another work area or section, and/or provide the opportunity to other employees to perform the weekend work, on a ‘mix and match’ basis.

 

21.8      An employee may request to work ordinary hours on a Saturday and/or Sunday in lieu of the ordinary hours the employee would otherwise be rostered to work.

 

An employee’s request must be in writing and must outline a period within which the arrangement is to be reviewed;

 

NCC will not unreasonably withhold agreement to such a request;

 

Any such agreement shall not apply to a new or vacant position;

 

Where an employee requests to work ordinary hours on a Saturday and/or Sunday under this subclause, NCC shall not be required to pay the penalty rate provided in Subclause 24.2.1.

 

22.  Flexible Working Arrangements

 

22.1      The ordinary weekly hours of work may be averaged over a four week cycle subject to written agreement between management and the employee, with the concurrence of the Executive Manager Human Resources.

 

22.1.1         Work under a flexible arrangement will not be less than 2 hours nor more than 12 hours per day.

 

22.1.2   Employees entering a flexible work arrangement will be removed from the existing RDO system.

 

22.1.3   Flexible working arrangements must have identifiable and meaningful benefit to both NCC and the employee.

 

22.1.4   Where prior agreement between an employee and Group Manager has been reached 14 hours flex credit or 10 hours flex debit may be carried over into the next cycle.

 

22.1.5   Flexible working arrangements are independent to overtime and time in lieu.  Hours worked during pre arranged overtime will not be counted for flex credit.

 

22.1.6   Any leave hours will be deducted from the employee’s leave accrual at the standard daily hours for the role (that is, 7 or 7.6 hours) or other specified hours as agreed and documented upon entering the flexible working arrangement.

 

22.2      Where a flexible working arrangement is considered (by either management or the employee) to be operating unsatisfactorily, a review of the arrangement will be made by the manager.

 

22.2.1   The aim of such a review is to agree on variations to the arrangement that will allow it to continue.

 

22.2.2   In all circumstances when a review is to take place the employee, manager and the Executive Manager Human Resources must have knowledge of and involvement in the review.

 

22.3      Flexible working arrangements may be terminated upon reasonable notice by either management or the employee subject to consideration of the impact of terminating the agreement on all effected employees, service to customers and operational requirements.

 

23.  Meal Breaks and Meal Allowances

 

23.1      A meal break will be given and taken on any day or shift in excess of five hours continuous work.

 

23.2      A meal break will commence not earlier than three hours, and not later than five hours into the days work.

 

23.3      An employee required to work more than 10 hours continuously (including overtime) will be entitled to a further meal break of not less than 20 minutes, and for each four hours work beyond 10 hours, a further meal break of not less than 20 minutes, provided that work continues after the break.

 

23.4      Where a meal break is in ordinary time, on any day between 6.00 am and 6.30 pm, it will be unpaid and not count as time worked. The first such meal break shall be not less than 30 minutes, provided the employee and management may agree to a shorter period of not less than 20 minutes.

 

23.5      Where a meal break is in ordinary time after 6.30 pm and before 6.00 am, or in overtime, a break of 20 minutes will be paid at the appropriate rate.

 

23.6      Where an employee at management direction is not allowed to commence a meal break in the first five hours of work, the employee will be paid overtime rates for time worked beyond five hours until given a meal break.

 

23.7      An employee will be paid a Meal Allowance

 

when required to work overtime for two hours or more before or after ordinary hours on any day;

 

when required to work for more than four hours on a day which is not an employees ordinary working day;

 

after each additional four hours worked.

 

24.  Work Rosters and Penalties

 

24.1      General

 

Shift workers shall work in accordance with a regular roster suitable to the industry and subject to the provisions of the Industrial Relations Act 1996, such roster may be departed from in cases of emergency

 

Where an employee works on a roster, the employee’s roster will provide certainty of days and hours of work to enable the employee to plan personal and work life balance.

 

For employees working 35 hours per week pursuant to Clause 21 Ordinary Hours, seven hours shall constitute a shift.  For employees working 38 hours per week, seven and three fifths hours shall constitute a shift.

 

24.2      Where a shift roster is changed, the employee will be entitled to a minimum of 48 hours notice of such change. Where 48 hours notice is not provided, the employee will be paid not less than 1.25 times the ordinary hourly rate for ordinary hours on any shifts which commence within 48 hours of notification. An employee required in these circumstances to work the ordinary hours of two consecutive shifts without a break will be paid at overtime rates for the last of such shifts.

 

An employee will be allowed, to change roster as agreed with another employee subject to the consent of the team leader having first been obtained.  No penalties for notice of change of roster will apply in such a case.

 

24.3      Every shift worker shall be entitled to at least on Sunday off duty in every 28 days.

 

24.4      Equivalent time off, which shall be taken in conjunction with annual holidays or payment made in lieu thereof, shall be allowed for any holiday as prescribed by Clause 30 Public Holidays which occurs on a day of a roster cycle on which the shift worker is rostered off.

 

24.5      Every shift worker shall be allowed a crib time of twenty minutes on each shift which shall be counted as time worked.

 

24.6      Penalty Rates

 

24.6.1   Saturday, Sunday and Public Holidays

 

An employee required to work ordinary hours on a Saturday, Sunday or Public Holiday will be paid a penalty in addition to the ordinary rate as follows:-

 

Saturday - a penalty rate of 50% of the ordinary hourly rate for ordinary hours worked;

 

Sunday - a penalty rate of 100% of the ordinary hourly rate for ordinary hours worked;

 

Public Holiday - a penalty rate of 200% of the ordinary hourly rate for ordinary hours worked (Public Holiday means a shift with the major portion on a public holiday. The penalty will be paid for all ordinary hours on the shift. Where a public holiday includes a part of two successive shifts, the one with the greatest number of hours on the public holiday will be considered the public holiday shift.

 

Casuals will be paid penalty rates calculated on the ordinary hourly rate exclusive of the casual loading.

 

See subclause 20.7.7 for shift allowances.

 

See Clause 25 Overtime for overtime for shift workers.

 

24.7      Night Project Work

 

This subclause applies only to employees temporarily performing night work on a project basis, in lieu of Monday to Friday penalties.

 

The penalty for hours worked in the span 3.30 pm Sunday to 7.00 am Friday inclusive will be 35% of the ordinary hourly rate for the time so worked.

 

All types of leave taken by employees working on the project will be paid at the ordinary rate (i.e. without penalty rates).

 

Employees may change to day work with the consent of management.

 

The actual hours to be worked will be agreed prior to project commencement, and may be varied by agreement with employees involved.

 

The composition and method of selection of the project team will be identified and agreed in writing not less than one week prior to commencement of the project. Where agreement is not reached, NCC may require other employees join the project without the minimum notice provisions above.

 

24.8      The penalty rates in this clause are not cumulative.  If more than one rate applies, only the highest rate will be paid.

 

25.  Overtime

 

25.1      General

 

25.1.1   Overtime is time worked in excess of or outside ordinary hours of work.

 

25.1.2   Overtime on any day Monday to Saturday will be paid at time and a half of the Ordinary Hourly Rate for the first two hours and then double time.

 

25.1.3   Any overtime worked after 12 noon Saturday will be paid at double time.

 

25.1.4   Overtime worked on Sunday will be paid at double time.

 

25.1.5   Overtime worked on one day whether in broken periods or otherwise will be regarded as continuous.

 

25.1.6   Overtime worked on a public holiday will be paid at double time and a half, with a minimum payment of four hours if the overtime is not continuous with ordinary time.

 

25.2      An employee required to work overtime will be entitled to have at least 10 consecutive hours off duty between the completion of overtime and the commencement of ordinary hours without loss of pay.

 

If an employee is instructed to resume work without having had 10 consecutive hours off duty, the employee will be paid at double the ordinary hourly rate until released from duty and then will be entitled to a 10 hour break without loss of pay. This subclause will not apply to employees on a call back if they are not required to work for four hours or more.

 

25.3      Where there is prior agreement between management and an employee, an employee required to work overtime will be granted equivalent time in lieu for overtime hours worked. Where time in lieu instead of overtime has been agreed:

 

the time in lieu is to be taken at a mutually agreed time as soon as practicable after the time has been worked;

 

the maximum accrual will be equal to the employee's weekly ordinary hours, provided that agreement may be reached for a greater accrual between an employee or group of employees and management;

 

NCC will advise an employee approaching the maximum accrual. The employee and management must agree to a program to reduce the accrual. If agreement cannot be reached, management will direct the employee to take the time in lieu accrual at a time convenient to the operation. If the employee does not take the time in lieu as directed, the time in lieu accrual will be reduced by the amount so directed.

 

This arrangement does not impact on those work areas where there is an existing agreement in relation to the accrual of time in lieu.

 

25.4      Call Back

 

25.4.1   A Call Back is when an employee is required to work overtime after leaving the place of employment, regardless of whether the employee was notified prior to cessation of normal duties.

 

25.4.2   Any employee on a Call Back will be paid for a minimum of four hours at the appropriate overtime rate provided that any subsequent Call Backs occurring within the four hour period of a Call Back will not attract any additional payment. The employee will not be required to work the four hours if the job that the employee was recalled to perform is completed sooner.

 

25.4.3   Call Back will not be paid where it is customary for an employee to return to work to perform a specific job(s) outside the employee's ordinary hours, where overtime is continuous with the completion or commencement of ordinary hours or where the employee is paid On Call Allowance.

 

25.4.4   Any employee on a Call Back will be entitled to be paid for fares actually incurred or Vehicle Allowance and travelling time from the employee's home to the work and return.

 

25.4.5   Any employee on a call back will be entitled to delay the start of the following day's work without loss of pay for the same period as that worked on a call back between 11.30pm and 5.00 am.

 

25.5      On Call Allowance

 

25.5.1   An employee who is not provided a leaseback vehicle may be paid On Call Allowance. They must be contactable and available outside of ordinary hours to respond within a reasonable time to emergency and breakdown work or supervise call back of other employees. An employee required to attend work will be entitled to be paid for fares actually incurred or Vehicle Allowance from the employee’s home to the work and return.

 

25.5.2   An employee provided with a leaseback vehicle and who is required to be on call will be allowed reduced leaseback contributions in accordance with NCC Policy.

 

25.5.3   An employee paid On Call Allowance or who has a leaseback vehicle and is on call, and is required to attend a call will be paid at overtime rates for the time from when the employee leaves for work, but not the minimum time of Call Back.

 

Leave

 

26.  Annual Leave

 

26.1.     An employee, except a Casual employee, will accrue four weeks of annual leave on each anniversary of employment.

 

26.2      A Part Time employee will accrue annual leave in the proportion of their ordinary hours worked to Full Time hours. This includes ordinary hours worked in excess of their regular number of hours.

 

26.3      Annual leave shall be taken in periods of not less than one day and at times agreed between management and employee.

 

26.4      Payment to an employee proceeding on annual leave will be prior to commencing leave, or as normal salary, as requested by the employee.

 

26.5      Payment will be at the ordinary rate immediately prior to commencing leave, plus shift penalty rates which would have been incurred on ordinary hours during the leave period.

 

26.6      Annual leave balances will be recorded in hours and leave taken deducted in hours, in accordance with the ordinary hours worked by the employee.

 

26.7      An employee should take annual leave within 12 months of accrual.

 

When an employee’s annual leave balance (accrued and pro-rata) exceeds ten weeks the employee must make arrangements to reduce the balance to not more than eight weeks within two months or other agreed time frame.  Where the employee does not take leave sufficient to reduce the balance, management may direct the employee to take annual leave at times convenient to the operation.

 

26.8      When an employee’s service is terminated they will be paid for:

 

Any accrued annual leave note yet taken at the ordinary rate, and

 

For the uncompleted current year of service one twelfth of their ordinary rate earnings to the date of termination.

 

26.9      Annual Leave Loading

 

26.9.1   Annual Leave Loading is payable to weekly employees engaged for greater than one year, and equivalent to 17.5 per cent of four weeks of the ordinary rate of pay as at 31 October exclusive of any other allowances, penalty rates, overtime or any other payments prescribed by this award.

 

26.9.2   Employees with greater than one years service shall be paid the loading one each year during November.

 

26.9.3   A pro rata entitlement shall be made to employees who commenced employment after 1 November in any one year.  The pro rata payment being based on the number of completed weeks of service.

 

26.9.4   When employees are terminated by NCC for any cause other than misconduct or by employees on account of illness or early retirement age as defined in the Deed and/or Rules governing the operation of the Local Government Superannuation Scheme, they will be paid a loading of 17.5 per cent of the ordinary rate of pay for completed months of service since 31 October.

 

26.9.5   Except as provided by 26.9.4 no loading is payable on the termination of an employee’s employment.

 

27.  Long Service Leave

 

27.1      Entitlement

 

An employee will accrue long service leave at the rate of 13 weeks for each 10 years of continuous service up to 15 years of service, and thereafter 11 weeks for each five years of continuous service.

 

27.2      Taking Long Service Leave

 

An employee may take Long Service Leave after completion of five years continuous service with NCC.

 

For the purposes of calculating Long Service Leave entitlement in accordance with this clause, prior continuous service with any other Council or Council will be deemed to be service with NCC.

 

Long service leave will be exclusive of annual leave and public holidays occurring during the period of long service leave.

 

Long service leave will be taken at times and for periods agreed between management and employee in periods of not less than one week.

 

27.3      Payment for Long Service Leave

 

Payment to an employee will be prior to commencing leave, or as normal salary, as requested by the employee.

 

Payment will be at the ordinary rate immediately prior to commencement of leave, or such higher rate provided by the Long Service Leave Act (NSW).

 

27.4      Long Service Leave on termination

 

Five but less than 10 years completed service:

 

an employee who is retrenched, terminated on account of illness, incapacity or domestic or other pressing necessity, or retires after attaining the preservation age prescribed in the Superannuation Guarantee Act will be paid Long Service Leave at their ordinary rate or such higher rate provided by the Long Service Leave Act;

 

an employee with less than 10 years service leaving NCC for any other reason will not be entitled to payment of long service leave.

 

Ten or more years completed service:

 

an employee terminated for any reason will be paid long service leave at their ordinary rate or such higher rate provided by the Long Service Leave Act.

 

27.5      Service with Other Councils

 

27.5.1   An employee leaving to undertake employment at another council may have the value of long service leave entitlement on termination paid to that other council, provided that NCC must be satisfied that the amount so transferred will not be released to the employee on lesser conditions than this Award, and subject to the other council accepting the transfer.

 

27.5.2   An employee who commences at NCC within three months of ceasing employment with another NSW Local Government Council will have previous continuous service with that council recognised as qualifying service for Long Service Leave, but no leave will be accrued unless NCC receives from the other council(s) the monetary value of the long service leave for the period (or part of the period).

 

28.  Sick Leave

 

28.1      Any employee unfit for work due to personal illness or injury (other than that covered by Workers' Compensation), will be paid at their ordinary rate during such absence provided:

 

the employee notifies the nature of illness and expected duration of absence prior to normal starting time on the first day of absence in accordance with NCC procedures. (In exceptional circumstances where the employee is unable to notify before starting time, they must do so as soon as practicable);

 

where the absence extends beyond the period originally advised, the employee notifies the absence, as above prior to the commencement of the extended period;

 

the employee provides a medical certificate for any absence in excess of two days, and if required by Management for any absences in excess of five occasions in any sick leave year;

 

the employee has available sick leave entitlements.

 

28.2      Sick Leave Entitlement

 

A Permanent employee will be credited with two weeks (at their ordinary time hours) sick leave on commencement and three weeks on each anniversary of employment, which will accumulate indefinitely.

 

Temporary employees and Fixed Term employees will be entitled to sick leave on the basis of 1/2 week (at their ordinary time hours) for each thirteen weeks, available at the commencement of each 13 week period.

 

28.3      Sick leave will be recorded in hours and time taken deducted.

 

28.4      If a public holiday occurs during a period of absence on sick leave the day will not be deducted from sick leave.

 

28.5      An employee who is unfit for work due to illness or injury for a continuous period of at least a working week while on annual leave or long service leave and provides a medical certificate covering the period of unfitness will have the annual leave or long service leave re-credited and sick leave deducted.

 

28.6      Where an employee joins NCC from another NSW Local Government Council, and has continuity of service for purposes of long service leave, NCC will recognise an untaken balance of sick leave of up to 13 weeks.  This leave will not be available to be taken unless leave entitlement under this Award has been first exhausted. This leave will not be available to be paid out under any circumstances.

 

28.7      Unless mutually agreed, the retirement or termination of an employee on account of permanent incapacity shall not be effected earlier than the date on which the employee's credit of sick leave is exhausted.

 

28.8      NCC may require an employee to attend a doctor nominated by NCC at NCC cost.

 

29.  Carers’ Leave

 

29.1      Carers' leave is leave a weekly employee can take to care for a family member who is sick or requires care due to an unexpected emergency. If an employee takes carers' leave she/he must be responsible for the care of the person who is sick.

 

29.2      Carers’ leave is deducted from sick leave. An employee may use all of their sick leave entitlement to care for the sick family member. Carers leave may be taken in part days.

 

29.3      Carer’s leave is not intended to be used for long term, ongoing care.  In such cases, the employee is obligated to investigate appropriate care arrangements where these are reasonably available.

 

29.4      Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of NCC’s and employee’s requirements.

 

29.5      Leave may be taken to care for a family member who is the employee's:

 

spouse, de facto spouse or same sex partner;

 

child, including adopted, foster, ex-nuptial or step child;

 

parent, including foster parent or legal guardian;

 

grandparent, grandchild or sibling.

 

An employee may also take leave for the children, parents, grandparents or siblings of their spouse or de facto spouse, or any other relative who is a member of the employee's household.

 

29.6      To take carers’ leave, an employee shall:

 

notify management of the reasons for the leave, who needs the care, their relationship and the expected duration of the leave. Where practicable, this should be done in advance, and in any case no later than the first day of absence;

 

if required establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person; or

 

if required establish by production of documentation acceptable to NCC or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

29.7      An employee may, with consent of NCC:

 

use annual leave or leave without pay;

 

take time off in lieu of payment of overtime;

 

work ‘make up’ time at ordinary rate.

 

29.8      Subject to the evidentiary and notice requirements in this clause Casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in Subclause 29.3 who requires care and support due to illness, unexpected emergency or the birth of a child.

 

29.8.1   NCC 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.

 

29.8.2   NCC will not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause.  The rights of an employer to engage or not to engage a Casual employee are otherwise not affected.

 

30.  Public Holidays

 

30.1      The days on which holidays will be observed are: New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day.  Picnic Day, Bank Holiday and Show Day will also be regarded as Public Holidays, subject to the terms and conditions attaching to these days as specified in this clause.

 

30.2      Where a public holiday falls on a day ordinarily worked by a Weekly Employee:

 

(i)         if the employee is not required to work, the employee will be paid at ordinary rate for the ordinary hours they would otherwise have worked.

 

(ii)        if the employee is required to work, the employee will be paid at ordinary rate for ordinary hours they would otherwise have worked, double time in addition for ordinary hours worked.

 

30.3      Except as otherwise provided, where an employee is required to work on a holiday as prescribed by this award that falls on a day the employee would not ordinarily work, the employee will be paid at double time and a half inclusive of payment for the day with a minimum payment of four hours worked.

 

30.4      Where a Weekly employee works on a fixed roster cycle (e.g. 19 day month), and a public holiday falls on the scheduled roster day off, the roster day off will be moved to another day.

 

30.5      A Casual employee working on a public holiday will be paid treble ordinary rate for all time worked.

 

See Overtime Clause 25 for overtime on a public holiday.

 

30.6      Essential services normally provided, plus additional services to the extent that the community does not perceive a loss of service will be provided on Picnic Day, Bank Holiday and Show Day.

 

30.7      Picnic Day

 

Picnic Day is a day which is not a general holiday and on which NCC must continue to provide essential and other services so that the community does not perceive a loss of service. NCC will keep the number of employees required to a minimum and finalise arrangements for work to be performed at least one week prior to Picnic Day.

 

Picnic day will be observed on a day agreed with the Consultative Committee.

 

An employee who has purchased a Picnic Day Ticket will be allowed the day off work and be paid at ordinary rate for the ordinary hours they would otherwise have worked, provided the Ticket was purchased at least one month prior to Picnic Day and not after the employee agreed to work on Picnic Day.

 

An employee eligible to be allowed the day off on Picnic Day but who is required to work will be paid ordinary rate for the ordinary hours they would otherwise have worked, reimbursed the cost of the picnic and allowed a day off at a mutually agreed time.

 

For all other employees the day will be a normal day.

 

Any overtime worked on Picnic Day will be normal overtime, that is, not overtime on a public holiday.

 

30.8      Bank Holiday

 

30.8.1   For the purposes of this award, Bank Holiday will be regarded as a holiday and will be observed on an agreed day during the Christmas/New Year period.

 

30.8.2   Employees may be engaged on a mutually agreed basis to provide services on Bank Holiday.  Employees so engaged will be entitled only to payment at ordinary rates for the day plus a day in lieu.

 

30.8.3   The only exception to this provision is Parking Station staff where an entitlement to penalty rates continues to exist.  This entitlement arises due to the fact that this section of employees covered by the previous Municipal Employees Newcastle (Salaried Division) award were entitled to penalty rates prior to Bank Holiday being transferred to the Christmas/New Year period.

 

30.8.4   Agreement shall be reached at least one week prior to Bank Holiday each year in regard to employees working and the terms and conditions attaching to such work.

 

30.9      Show Day

 

30.9.1   For the purposes of this award, Show Day will be regarded as a holiday and will be observed on the Friday of Show Week, provided that NCC may, on the application of the Unions concerned, approve another day being taken in lieu thereof during the currency of the Newcastle Show.

 

30.9.2   Services traditionally provided on Show Day are as follows:-

 

Garbage Collection and Disposal site staff, Beach Inspectors and Cleaners, Inland Pool Attendants, Parking Stations staff, Ordinance Staff, Convenience Cleaners, Museum and Art Gallery staff, Municipal Buildings cleaning staff, Workshops staff, Street Cleansing staff, Blackbutt Reserve Staff.

 

30.9.3   Employees in the abovementioned classifications who are required to work on Show Day will be entitled to the penalty rate provisions of the award.

 

30.9.4   Employees may be engaged on a mutually agreed basis to provide services additional to those referred to in Clause 30.9.2 on Show Day.  Employees so engaged will be entitled only to payment at ordinary rates for the day plus a day off in lieu on either Wednesday or Thursday of Show Week.  Where a day in lieu at that time is not practicable, discussions will take place between management and staff to ensure that a mutually satisfactory outcome is achieved.  Unions will be advised of those outcomes.

 

30.9.5   Agreement shall be reached at least one week prior to Show Day each year in regard to employees working and the terms and conditions attaching to such work.

 

31.  Parental Leave

 

31.1      Parental Leave provisions will be in accordance with the Industrial Relations Act 1996.

 

31.2      A permanent employee entitled to parental leave will be entitled to nine weeks paid leave in accordance with the NCC Parental Leave with Pay Policy.

 

31.3      NCC will not fail to re-engage a regular casual employee because:

 

(a)        the employee or employee’s spouse is pregnant; or

 

(b)        the employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of Casual employees are not affected, other than in accordance with this clause.

 

31.4      Right to Request

 

31.4.1   A weekly employee entitled to Parental Leave may request:

 

(i)         to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

(ii)        to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(iii)       to 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.

 

31.4.2   Management 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 NCC business.  Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

31.4.3   The employees request and Management’s decision made under Subclause 31.4.1 (ii) and (iii) must be recorded in writing.

 

31.4.4   Where an employee wishes to make a request under Subclause 31.4.1 (iii), 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.

 

31.5      Communication during Parental Leave

 

Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, NCC shall take reasonable steps to:

 

(i)         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

 

(ii)        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.

 

31.6      The employee shall take reasonable steps to inform NCC 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.

 

31.7      The employee shall also notify the employer of changes of address or other contact details which might affect NCC’s capacity to comply with Subclause 31.5.

 

31.8      NCC must not fail to re-engage a regular casual employee as defined in section 53(2) of the Industrial Relations Act 1996 because:

 

(i)         the employee or employee’s spouse is pregnant; or

 

(ii)        the employee is or has been immediately absent on parental leave.

 

32.  Bereavement Leave

 

32.1      An employee other than a Casual employee shall be entitled to up to two days bereavement leave at ordinary rate on each occasion of the death of a person prescribed in Carer’s Leave and in respect to the death of a son-in-law or daughter-in-law.

 

32.1.1   The employee must notify management as soon as practicable of the intention to take bereavement leave and will, if required, provide to the satisfaction of management proof of death.

 

32.1.2   An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

32.1.3   Bereavement leave may be taken in conjunction with annual leave or long service leave or leave without pay. In determining such a request management will give consideration to the circumstances of the employee and reasonable operational requirements.

 

32.2      Subject to the evidentiary and notice requirements of this clause Casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in Carer’s Leave.

 

32.2.1   NCC and the employee shall agree on the period for which the employee will be entitled to not be available to attend work for up to 48 hour (i.e. two days) per occasion. The Casual employee is not entitled to any payment for the period of non-attendance.

 

32.2.2   NCC will not fail to re-engage a Casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

33.  Leave Without Pay

 

33.1      Leave without pay may be taken at a time convenient to NCC, and shall not be regarded as service for the purpose of long service leave, sick leave or annual leave. Leave without pay shall not constitute a break in the employee's continuity of service.

 

33.2      An employee shall not be entitled to any payment for public holidays during an absence on leave without pay.

 

34.  Blood Bank Leave

 

34.1      Permanent employees shall be entitled to take leave for the purpose of donating blood, at a time mutually convenient to NCC and the employee.

 

34.2      The employee shall notify management as soon as possible of the time and date upon which he or she is requesting to be absent for the purpose of donating blood.

 

34.3      Blood bank leave will be paid leave up to a maximum of one and half hours for each occasion and subject to a maximum of four separate absences each calendar year.

 

34.4      Proof of the duration and attendance for the purpose of donating blood, shall be provided to the satisfaction of NCC.

 

35.  Avoiding and Resolving Grievances

 

35.1      Principles

 

The principles for resolving issues are:

 

timely consultation, cooperation and discussion, with a minimum of formality;

 

to deal with and resolve issues as close to their source as possible;

 

time frames agreed by the participants at each stage of the process.

 

An employee may be assisted at any stage of this process by a Union representative or other support person.  While an issue is dealt with, work will continue normally in accordance with reasonable directions of management and having regard to safe working practices.

 

35.2      Procedure

 

Any issue will be dealt with using Steps 1 to 4 below. Discussion should commence at the lowest step where resolution can be achieved. If not resolved at that step, the issue will be moved to the next step. By agreement, any of the steps may be bypassed in the interests of achieving a timely resolution. Where agreed time frames are not met, the issue may be referred to the Executive Manager Human Resources.

 

No party will engage in provocative action while the procedure is followed.

 

Step 1

 

Discussion and if possible resolution within the work team between the employee and immediate management.

 

Step 2

 

If the issue is not resolved, the employee should complete and submit a Grievance Form setting out the nature of the grievance. Within two working days, the time frames and process to resolve the issue will be set by the Parties.

 

Discussions will be held between the employee/s concerned and the relevant Group Coordinator and/or Service Unit Manager.

 

Step 3

 

If the issue is not resolved, the employee should request the issue be referred to the Group Manager. 

 

Discussions will be held involving the relevant Group Manager or other NCC nominee.

 

Step 4

 

If issue is still not resolved, the employee/s may request the General Manager make a determination.

 

The General Manager will consider the issue. The General Manager may convene a further conference of the Parties prior to making a determination.

 

The General Manager will provide a response within one week, setting out the process and timeframe for conclusion. The General Manager’s determination in writing to the employee(s) will be provided in accordance with the process advised.

 

35.3      Referral to the Industrial Relations Commission

 

A dispute shall not be notified to the Commission until the above procedure has been exhausted, unless all Parties to the issue agree otherwise.

 

35.4      Safety Concerns

 

The Parties to this Award place the highest importance on safe working practices, safe working conditions and the health and well being of people in the workplace.

 

Matters that may be a risk to health and safety must be advised to the work team management. If not responded to, the employee should advise higher level management, any member of the OHS Committee or a union representative.

 

36.  Managing for Performance General

 

36.1      General

 

The objective is to constructively and consistently resolve work performance, behaviour or conduct issues by correcting actions which do not meet required standards.

 

This process applies to all employees, however indentured apprentices and trainees are covered up to and including Stage 3 only.

 

Depending on the seriousness of the issue the process may commence at any Stage.

 

This process emphasises counselling and the achievement of expected standards. Issues raised need to be explored fully, and the employee provided the opportunity to respond to, and have considered, their response to issues raised. Where appropriate, a Performance Plan may be developed and implemented.

 

An employee may be accompanied by another employee or a Union representative at any stage during this process, and may access and use NCC support services (e.g. EAP) during the process.

 

An employee is entitled to view their personnel file under supervision and may take notes and/or copies of the contents of their file.

 

The Parties are committed to high standards of OHS performance. Employees are expected to comply with safe work systems and procedures. Management of performance and behaviour in OHS is covered by the Managing for Performance process.

 

36.2      Responsibilities of Management

 

to set and communicate standards of work performance and behaviour;

 

to monitor and manage work performance and behaviour;

 

to identify issues of concern with work performance, behaviour or conduct;

 

to discuss issue(s) of concern with the employee;

 

to document discussions about issue(s) of concern;

 

to consistently apply the process.

 

36.3      Responsibilities of Employees

 

to perform work to required standards;

 

to behave in an appropriate manner;

 

to carry out reasonable instructions given by management;

 

To comply with the NCC Code of Conduct, Policies and Procedures.

 

36.4      Stage 1

 

Informal Discussion

 

Where an employee's work performance or behaviour is considered to be less than the required standard, management must discuss the issues with the employee. The purpose is to:

 

provide a positive environment leading to performance improvement;

 

identify the issues which are of concern;

 

provide the employee an opportunity to respond to the issues of concern;

 

develop a shared understanding of the standard expected and the way which those expectations will be achieved.

 

In many cases, this discussion will be sufficient to resolve any issues.

 

Counselling

 

If informal discussion does not result in sufficient improvement, or the issues are more serious, formal counselling should occur.

 

Prior to the meeting, the employee will be advised of the nature and reasons for the meeting. The meeting should be conducted in a private place, without interruptions or distractions.

 

Counselling will cover:

 

the issues, performance or behaviour;

 

the standard expected;

 

the nature of the improvement required;

 

the appropriate steps to be taken to achieve the standards expected;

 

the time within which reasonable improvement can be expected and for further review.

 

The employee must be given the opportunity to respond to the issues raised. The outcomes of the discussion will be provided to the employee in writing and placed on the employees personnel file. The employee may add comments.

 

36.5      Stage 2

 

Lack of improvement to the required standard after counselling, or poor performance behaviour or conduct, must result in further counselling. The consequences of continued or repeated unsatisfactory performance behaviour or conduct must be made clear to the employee.

 

Prior to the meeting, the employee will be advised of the nature and reasons for the meeting. The meeting should be conducted in a private place, without interruptions or distractions.

 

Counselling must make clear:

 

identified unsatisfactory performance, behaviour or conduct;

 

the standard expected;

 

the nature of the improvement required;

 

the appropriate steps to be taken to achieve the standards expected;

 

the time within which reasonable improvement can be expected and for further review;

 

the consequences of continued unsatisfactory performance, behaviour or conduct.

 

The employee must be given the opportunity to respond to the issues raised.

 

A Performance Plan may be established identifying the issues requiring improvement, the actions required, and the standard required.

 

A review period will be set, during which performance will be monitored. The review period will normally be of six months' duration but may be of greater or lesser period depending on the nature of the issues.

 

The employee outcome of the meeting and of any warning given will be provided to the employee in writing and placed on the employees personnel file. The employee may add comments.

 

36.6      Stage 3

 

If the employee's performance, behaviour or conduct does not meet the required standard, or there is serious poor performance, misbehaviour or misconduct, the matters must be addressed.

 

NCC may suspend an employee on ordinary pay for a period which should not generally exceed two weeks to enable an appropriate investigation.

 

Management will investigate the issues. Prior to a meeting the employee will be advised of the nature and reasons for the meeting. The meeting should be conducted in a private place, without interruptions or distractions.

 

The issues will be put to the employee. The employee will be given the opportunity to respond to the issues. Management will consider the results of investigation and the responses given.

 

A Performance Plan may be established identifying the areas of performance, behaviour or conduct requiring improvement, the required actions and the required standard.

 

Disciplinary action may take the form of demotion for a period of time, suspension without pay for a period not exceeding five working days, lateral transfer and/or a warning.

 

The disciplinary action taken and warning will be confirmed in writing, and a copy placed on the employees personnel file.

 

36.7      Stage 4

 

If an employee's performance, behaviour or conduct continues to be unsatisfactory, or there is serious misconduct, an interview will be held.

 

NCC may suspend an employee on ordinary pay for a period which should not generally exceed two weeks to enable an appropriate investigation.

 

Management will investigate the issues. Prior to the meeting, the employee will be advised of the nature and reasons for the meeting. The meeting should be conducted in a private place, without interruptions or distractions.

 

The issues will be put to the employee. The employee will be given the opportunity to respond to the issues. Management will consider the results of investigation and the responses given.

 

If Management considers there to be a prima facie case for termination, the employee will be asked to show cause why their employment should not be terminated.

 

Summary Dismissal

 

In some circumstances the conduct or actions of an employee may warrant instant or summary dismissal.  Accordingly, foregoing procedures will not affect the rights of the NCC to dismiss an employee.

 

37.  Organisational Pay Increases

 

There will be four pay increase made under this Award:

 

1.          payment equivalent to 1% backdated to the first full pay period on or after 1 December 2005 on base salary.

 

2.          3.5% effective the first full pay period on or after 1 July 2006.

 

3.          3.75% effective the first full pay period on or after 1 July 2007.

 

4.          3.75% effective the first full pay period on or after 1 July 2008.

 

PART B

 

MONETARY RATES

 

Table 1 - Ordinary Rates of Pay - Trainees and Apprentices

 

 

Commencement level depends on education and experience for all classifications.

 

Trainees (Indentured and non-indentured) need to satisfy both academic and operational requirements to progress from year to year.

 

Trainees and Apprentices must complete the relevant Traineeship/Apprenticeship to be eligible for appointment to position in Table 2.

 

Table 2 - Ordinary Rates of Pay - All Other Employees

 

 

Table 3 - Other Rates and Allowances

 

 

Appendix A - Hours of Work - Continuing Arrangements

 

This is Appendix A referred to in sub clause 20.7.7 of Clause 20 Salary System

 

(i)         Animal Control Officers, Ordinance Officers, Rangers - The ordinary working hours shall not exceed 76 per fortnight including Saturday, Sunday and public holidays as rostered in shifts of not more than seven and three-fifths hours per day; provided that the employee shall be allowed off two full days each week.

 

(ii)        Beach Inspectors - The ordinary working hours shall not exceed thirty-eight per week to be worked in five shifts, which shall include Saturday and Sunday as rostered.

 

(iii)       Computer Services Staff - Computer Services Staff who are required to work an ordinary hours rostered shift finishing after 6.30pm and at or before midnight, Monday to Friday excluding public holidays, or a shift finishing subsequent to midnight and at or before 8.00am Monday to Friday inclusive, except public holidays, shall be paid an allowance as set out in Item 43 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates, for each shift worked.

 

(iv)       Curators - The ordinary working hours shall be thirty-eight per week, including Saturday, Sunday and public holidays as rostered; provided that the employee shall be allowed one full day off each week.

 

(v)        Cleaners -

 

(a)        The ordinary working hours shall not exceed thirty-eight per week, to be worked between the hours of 4.00am and 7.00pm on Monday to Friday, inclusive, with a half hour for a meal.

 

(b)        Cleaners required to work an ordinary-hours rostered shift commencing at or after 4.00am and before 5.30am Monday to Friday, excluding public holidays, shall be paid an allowance as set out in Item 44 of the said Table 3 for each shift worked.

 

(c)        Cleaners required to perform a rostered daily shift in two parts shall be paid an allowance per day as set out in Item 45 of Table 3, Monday to Friday, excluding public holidays, on each day the rostered shift is performed in two parts.

 

(vi)       Chauffeurs - The ordinary working hours shall be thirty-eight per week, Monday to Saturday, as required.

 

(vii)      Commissionaires - The ordinary working hours shall be thirty-eight per week, to be worked on Monday to Saturday as rostered in shifts of not more than seven and three-fifths hours per day.

 

(viii)     Garbage and Street Cleaning Supervisors - The ordinary working hours of the garbage and street cleansing service supervisors shall be thirty-eight per week, to be worked not more than seven and three-fifths hours per day between the spread of hours of 5.00am and 5.30pm Monday to Friday, inclusive.

 

(ix)       Library Employees - The ordinary working hours for library employees working shift work shall not be more than thirty-five per week, to be worked in accordance with a regular roster between the hours of 8.00am and 9.00pm Monday to Friday, inclusive and 8.00am and 5.00pm Saturday, in straight shifts not exceeding eight consecutive hours inclusive of a meal break of one hour.

 

(x)        Motor Vehicle Drivers, Street Sweeping and/or Flushing - The ordinary working hours shall not exceed thirty-eight per week, to be worked between the hours of 11.00pm and 8.00am on weekdays.  Employees so working shall be entitled to the relevant shift work allowance applicable to a two or three shift worker.

 

(xi)       Parking Station Employees:-

 

(a)        The ordinary hours of Parking Station Attendants other than those engaged on shift work shall be thirty-eight per week to be worked not more than seven and three-fifths hours per day, Monday to Saturday, between the spread of hours of 6.30am and 8.30pm Monday to Friday and 6.30am and 1.30pm on Saturdays.  Attendants required to work an ordinary hours rostered shift finishing after 6.30pm, Monday to Friday inclusive, excluding public holidays, shall be paid an allowance as set out in Item 46 of Table 3 for each shift worked.

 

(b)        The ordinary working hours for Parking Station Attendants working shift work shall be 38 per week to be worked not more than seven and three-fifths hours per day between a spread of hours commencing at 6.30 am each day (except Sunday) and extending to 1.30am the following morning.  Employees working a roster in accordance with this paragraph will be considered to be two shift workers and entitled to the relevant shift work allowance.

 

(xii)      Pool Employees - The ordinary working hours shall not exceed seventy six per fortnight, to be worked as rostered, Monday to Sunday, including public holidays; provided that at least two (2) days are allowed off each fortnight.

 

(xiii)     Scavengers and Drivers, Day Work - The ordinary working hours shall be thirty-eight per week, to be worked not more than seven and three fifths hours per day between the spread of hours of 5.00am and 5.30pm Monday to Friday, inclusive.

 

(xiv)     An employee engaged in any classifications appearing in subclauses (v), (vi), (vii), (ix), (xi) and (xii) of this Appendix, required to work an ordinary-hours rostered shift finishing after 6.30pm and at or before midnight, Monday to Friday, excluding public holidays, shall be paid an allowance as set out in Item 47 of Table 3 for each such shift worked.

 

Appendix B - Skills/Qualifications Allowances

 

This is Appendix B referred to in Clause 20, Salary System.

 

The previous award provisions referred to in sub-clause 20.1.2 are as follows:-

 

1.          Municipal Employees’ Newcastle (Wages Division) Award published 8 November 1989 (258 I.G. 365), as varied - clause 7 Extra Allowances.

 

(i)         Sub Clause (v) regarding Electrical Fitter/Mechanic.

 

(ii)        Sub Clause (vi) regarding driving vehicles to which equipment is attached.

 

(iii)       Sub Clause (xxiv) regarding Gardeners and etc, holding Horticultural Certificates and Greenkeeping Course qualifications.

 

(iv)       Sub Clause (xxv) regarding employees using oxy-viva resuscitation units.

 

(v)        Sub Clause (xxvi) regarding Plumbers’ Registration Certificate.

 

(vi)       Sub Clause (xxvii) regarding Beach Inspectors and Pool Attendants in possession of a First Aid Certificate.

 

(vii)      Sub Clause (xxviii) regarding Plant Operator Field Service and Adjustment Allowance.

 

(viii)     Sub Clause (xxx) regarding Power Boat Allowance for Beach Inspectors.

 

(ix)       Sub Clause (xxxi) regarding Crane Chaser’s Allowance.

 

(x)        Sub Clause (xxxii) regarding Crane Driver’s Allowance.

 

(xi)       Sub Clause (xxxiii) regarding LPG Allowance for Plumbers.

 

2.          Municipal Employees’ Newcastle (Salaried Division) Award published 8 November 1989 (260 I.G. 721) as varied - clause 6 Allowances regarding employees holding a Horticultural Certificate or a Greenkeeping course qualification.

 

3.          Health Surveyors’ Newcastle Award published 3 April 1985 (237 I.G. 1) - paragraph (a) of clause 6 Salaries regarding qualification allowances for Trainee Health Surveyors.

 

 

 

R. W. HARRISON D.P.

 

 

 

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Printed by the authority of the Industrial Registrar.