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New South Wales Industrial Relations Commission
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Crown Employees (Household Staff - Department of Education) Wages and Conditions Award
  
Date12/20/2019
Volume385
Part4
Page No.919
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C8952
CategoryAward
Award Code 045  
Date Posted12/23/2019

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(045)

SERIAL C8952

 

Crown Employees (Household Staff - Department of Education) Wages and Conditions Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(Case No. 285935 of 2018)

 

Before Chief Commissioner Kite

27 November 2018

 

REVIEWED AWARD

 

1.  Arrangement

 

SECTION 1 - APPLICATION AND OPERATION OF AWARD

 

1.         Arrangement

2.         Title

3.         Dictionary

4.         Area, Incidence and Duration

 

SECTION 2 - TYPE AND CATEGORIES OF EMPLOYMENT, EMPLOYMENT RELATIONSHIP

 

5.         Classification Structure

 

SECTION 3 - PERFORMANCE AND DEVELOPMENT

 

6.         Training and Development

7.         Multi-skilling

8.         Performance Management Scheme

 

SECTION 4 - WAGE AND RELATED MATTERS

 

9.         Wages

10.      Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation

11.      Higher Duties

12.      Broken Shift Allowance

 

SECTION 5 - HOURS OF WORK

 

13       Hours of Work

14.      Work performed on weekends

15.      Public Holidays

16.      Overtime

 

SECTION 6 - LEAVE

 

17.      Leave

18.      Family and Community Service Leave

19.      Bereavement Leave

20.      Personal/Carer’s Leave

21.      Parental Leave

 

SECTION 7 - WORK ENVIRONMENT

 

22.      Anti-discrimination

23.      Flexible Work Organisation

24.      Secure Employment

 

SECTION 8 - DISPUTE RESOLUTION AND FACILITATIVE PROVISIONS

 

25.      Deduction of Union Membership Fees

26.      Dispute and Grievance Resolution Procedures

27.      No Extra Claims

 

SCHEDULES

 

SCHEDULE A - MONETARY RATES

 

Table 1 - Wages

Table 2 - Allowances

 

2.  Title

 

This award shall be known as the Crown Employees (Household Staff - Department of Education) Wages and Conditions Award.

 

3.  Dictionary

 

3.1      "Act" means the Government Sector Employment Act 2013.

 

3.2      "Union" means Liquor and Hospitality Division, United Voice .

 

3.3      "Casual Employee" means any employee engaged as such who is not an officer or temporary employee.

 

3.4      "Employee" means a person employed in any capacity under the provisions of the Act as Household Staff.

 

3.5      "Department" means the Department of Education, as specified in Schedule 1 of the Act.

 

3.6      "Household Staff" means and includes all employees employed in a residential agricultural high school as:

 

"Household Staff Grade 1" and occupies a position of Kitchen Hand or Useful, Cleaner, Room Attendant, Dining Room Attendant, Laundry Attendant, Stores Steward;

 

"Household Staff Grade 2" and occupies a position of Butcher (casual), Cook (unqualified);

 

"Household Staff Grade 3" and occupies a position of Laundry Supervisor, Cook (qualified), Dining Room Supervisor, Housekeeper/Cleaning Supervisor;

 

"Household Staff Grade 4" and occupies a position of First Cook (qualified);

 

"Household Staff Grade 5" and occupies a position of Catering Supervisor.

 

3.7      "Normal Work" means the duties and responsibilities relevant to the statement of duties or position description of an employee or employees.

 

3.8      "Principal" means a teacher appointed as such to be responsible for the management, organisation, supervision and efficiency of a residential agricultural high school and all departments within that school or his or her nominee.

 

3.9      "Regulation" means the Government Sector Employment Regulation 2014.

 

3.10    "Residential Agricultural High School" means Farrer Memorial Agricultural High School, Hurlstone Agricultural High School or Yanco Agricultural High School or any other school classified as such by the Secretary.

 

3.11    "Wage Rates" means the ordinary time rate of pay for the employee’s grading, excluding shift allowances, weekend penalties, and all other allowances not regarded as wages.

 

4.  Area, Incidence and Duration

 

4.1      This award covers all household staff, employed under the Act in a Residential Agricultural High School in the following classifications:

 

Household Staff Grade 1

 

Household Staff Grade 2

 

Household Staff Grade 3

 

Household Staff Grade 4

 

Household Staff Grade 5

 

4.2      This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Household Staff - Department of Education and Communities) Wages and Conditions Award published 27 November 2015 (378 I.G. 358) and all variations thereof.

 

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 27 November 2018.

 

This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

5.  Classification Structure

 

5.1      Household Staff - Grade 1

 

Household staff Grade 1 means a person employed in the following classifications: Kitchen hand, Useful, Cleaner, Dining Room Attendant, Laundry Attendant, Stores Steward.

 

A Grade 1 position is one where the employee:

 

undertakes for a substantial part of the time routine or repetitive duties involving the application of clearly prescribed standard procedures requiring the use of some discretion; and

 

works under direct supervision, either individually or as a member of a team, to a level of training held by the individual.

 

Without limiting the foregoing, a Grade 1 employee may be required to perform the following indicative duties:

 

non-cooking duties in the kitchen including the assembly, preparation and measurement of food items;

 

completion of basic stock control documentation such as requisition and ordering of goods;

 

general cleaning of dormitories, dining areas or other public areas of the boarding school;

 

purchasing and stock control duties, including receipt, ordering and inventory control of goods, ordering goods of a type directed by the employer from approved suppliers;

 

general room attendant duties in boarding houses; and

 

repairs to linen or clothing.

 

5.2      Household Staff - Grade 2

 

Household staff Grade 2 means a person employed in the following classifications: Butcher (casual), Cook (unqualified).

 

A Grade 2 position is one where the employee:

 

undertakes duties which involve some initiative and decision making to a level of training held by the individual; and

 

has responsibility for the quality of their own work subject to routine supervision.

 

Without limiting the foregoing, a Grade 2 employee may be required to perform the following indicative duties:

 

basic cooking duties including the preparation of standard meals, baking and pastry cooking of a variety of food items;

 

butchering and preparation of the various cuts of mutton, beef and pork, as required by the daily menus; and

 

clean and conduct routine maintenance of equipment, e.g. band saw, mincer, hand saw, knives, in compliance with occupational health and safety requirements and ensure that all work processes comply with the legislative requirements set by the NSW Food Authority.

 

5.3      Household Staff - Grade 3

 

Household staff Grade 3 means a person employed in the following classifications: Laundry Supervisor, Dining Room Supervisor, Housekeeper/Cleaning Supervisor, Cook (qualified).

 

A Grade 3 position is one where the employee:

 

works under minimal supervision to a level of training held by the individual;

 

plans their own and other work schedules as approved by the employer;

 

assists in the training and supervision of employees at lower levels; and

 

is competent in technical areas as required for the position.

 

Without limiting the foregoing, a Grade 3 employee may be required to perform the following indicative duties:

 

general cooking duties including the preparation of standard meals, baking and pastry cooking of a variety of food items;

 

supervise persons in the delivery of goods or items to students from the dining room;

 

is responsible for the supervision and control of domestic staff and who may be required to perform the duties of domestic staff; and

 

manages all facets of the boarding school’s cleaning services including the preparation of duty rosters and supervision of staff to ensure the provision of an efficient cleaning and laundry service.

 

5.4      Household Staff - Grade 4

 

Household staff Grade 4 means a person employed in the classification of First Cook (qualified).

 

A Grade 4 position is one where the employee:

 

receives limited instructions regarding work assignments and usually works without supervision;

 

is regularly required to exercise independent initiative and judgement;

 

directly supervises a small group of employees in a section of the school;

 

would be expected to have completed an apprenticeship or have passed the appropriate trade test in cookery, baking or pastry cooking and have completed appropriate additional training and who is engaged in supervising other trade-qualified cooks; or

 

would be expected to have undertaken and completed skill developing programs relevant to the skills and duties required to be undertaken.  This requirement may be satisfied by Department of Education sponsored programs, relevant trade qualification and/or post-secondary training which may include TAFE training or recognition of relevant prior learning or practical experience accepted by the Department.

 

Without limiting the foregoing, a Grade 4 employee may be required to perform the following indicative duties:

 

cooking duties including a la carte cooking, baking, pastry cooking or butchery and the supervision of the operation;

 

oversee proper preparation of ingredients by kitchen staff in time for cooking and maintain detailed account of daily menus in Chef’s Register;

 

conduct daily routine maintenance and cleaning of kitchen equipment and facilities; and

 

conduct routine maintenance and thorough cleaning of kitchen equipment and facilities during school vacation breaks.

 

5.5      Household Staff - Grade 5

 

Household staff Grade 5 means a person employed in the classification of Catering Supervisor.

 

A Grade 5 position is one where the employee:

 

requires minimal instruction in the performance of their duties;

 

exercises substantial responsibility and independent initiative and judgement with a detailed knowledge of workplace procedures and of the employer’s business;

 

has responsibility for employees in one or more sections of the school; and

 

is required to have undertaken and completed post-secondary training provided by an accredited training provider relevant to the tasks required by the Department for this grade, or has engaged in extensive equivalent in-service training, or has significant and substantial technical and procedural knowledge which is regarded by the Department to be equivalent to the required post-secondary training.

 

Without limiting the foregoing, a Grade 5 employee may be required to perform the following indicative duties:

 

menu planning and preparation of duty rosters; and supervision of staff to ensure provision of efficient catering service; and

 

supervision, training and co-ordination of staff, responsibility for their efficient allocation and control, in one or more sections of the school.

 

6.  Training and Development

 

6.1      The principal will review, on annual basis, training and development opportunities for household staff.

 

6.2      Training and development will be based on:

 

6.2.1   current and future job needs and career path planning; and

 

6.2.2   recognition of each employee’s previous learning and building on this through the gaining of new skills/competencies.

 

6.3      Attendance of household staff at approved training and development activities during the hours of 6.00 am to 8.00 pm is to be regarded as being on duty.

 

6.4      Approved training and development activities will be conducted, wherever possible, between the hours of 6.00 am to 8.00 pm.

 

6.5      Any actual necessary expenses relating to travel, meals and accommodation incurred in attending approved training and development activities will be reimbursed by the Department.

 

7.  Multi-Skilling

 

7.1      Taking into account an employee’s experience and training, a principal may require an employee to perform any of the duties appropriate to their classification or of a lower classification without any reduction in pay.

 

8.  Performance Management Scheme

 

8.1      Objectives -

 

8.1.1   Develop and improve the quality of employee performance.

 

8.1.2   Focus work on the objectives of the Department’s strategic plan and the school’s plan.

 

8.1.3   Provide performance related guidance and feedback on performance and achievements of objectives.

 

8.1.4   Provide opportunities for employees to provide input into school planning.

 

8.1.5   Support employee’s career development needs.

 

8.2      Principles -

 

8.2.1   The work of employees is centred on providing support to schools as identified in the school’s plan.

 

8.2.2   Performance Management:

 

(i)        Focuses on the achievement of agreed objectives based on the Department’s strategic plan and the school’s plan;

 

(ii)      Focuses on recognition of employee performance and development of skills;

 

(iii)     Provides feedback which enables employees to improve the quality of their work;

 

(iv)     Is a continuous and systematic process with clearly stated purposes;

 

(v)       Provides for review and reassessment of the roles and responsibilities of employees within the context of changes in the school’s plan; and

 

(vi)     Includes regular progress review meetings and an annual performance meeting between the employee and supervisor to provide feedback on performance and achievements and to identify training and development needs.

 

8.3      Process -

 

8.3.1   The employee and supervisor will use negotiated processes to decide upon:

 

(i)        The work objectives of the individual employee consistent with the priorities identified in the school’s plan;

 

(ii)      The frequency of regular progress meetings using as a base a minimum of four meetings per year; and

 

(iii)     Procedures for documenting and reporting on achievement, and providing feedback on achievement.

 

8.4      Documentation -

 

8.4.1   Documentation should be kept to a minimum and should satisfy all parties that a process has taken place and has been evaluated.  Documentation should remain confidential to the participants.

 

8.4.2   Regular progress review meetings do not require documentation unless agreed to by the employee and the supervisor.

 

8.4.3   The annual performance meeting provides an overall evaluation for the review period in which the supervisor, in consultation with the employee will write an annual report summarising:

 

(i)        Performance and achievements during the year.

 

(ii)      Training and development plans for the ensuing year.

 

(iii)     Work objectives for the ensuing year.

 

9.  Wages

 

9.1      Subject to the provisions of the Act, and the regulations thereunder, the wage rates as set out in Table 1 - Wages, of Schedule A, Monetary Rates shall be paid to full time employees appointed to the positions specified.

 

9.2      The maximum rates of pay for part time employees shall be the hourly equivalent of the ordinary weekly rate of pay of the classification in which the employee is engaged for the actual number of hours worked.

 

9.3      The hourly equivalent for the purpose of subclause 9.2 shall be:

 

9.3.1   based on 38 hours per week where a part time employee is not accruing credits towards rostered days off but is paid only for hours worked; or

 

9.3.2   based on 40 hours per week where a part time employee is accruing credit for time worked towards rostered days off in accordance with subclause 13.2 of this award.

 

9.4      Casual employees shall be paid at the rate of one thirty eighth of the weekly rates prescribed in respect of the classification for which the employee is casually employed, with a minimum of three hours pay for each engagement, with additional loadings as follows:

 

9.4.1   a loading of 33 1/3% for casual work Monday to Friday;

 

9.4.2   a loading of 50% for casual work on Saturday;

 

9.4.3   a loading of 75% for casual work on Sunday;

 

9.4.4   a loading of 150% for casual work on a public holiday.

 

9.5      The casual loading of 33 1/3% for casual work Monday to Friday consists of 25% plus 8 1/3% or one twelfth pro-rata annual leave.

 

9.6      The casual hourly rates of pay are inclusive of all forms of leave except for long service leave entitlements which accrue according to the provisions of the Long Service Leave Act 1955.

 

9.7      The wage rates as set out in Table 1 - Wages, of Schedule A, Monetary Rates, shall be adjusted in line with the Crown Employees Wages Staff (Rates of Pay) Award 2018 or any variations to or successor instruments to the said award.

 

10.  Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation

 

10.1    An employee may elect, subject to the agreement of the Department to enter into a Salary Packaging Arrangement in accordance with the provisions of clause 7, Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation of the Crown Employees Wages Staff (Rates of Pay) Award 2018 or any variation to or successor instruments to the said award shall apply.

 

11.  Higher Duties

 

11.1    Provisions related to higher duties and acting allowances are prescribed in the Regulation.

 

11.2    Payment of higher duties is not to be made to another employee for undertaking some or all of the duties of an employee who is absent on a rostered day off.

 

12.  Broken Shift Allowance

 

12.1    The additional payment prescribed by this clause shall not apply to time worked on Saturday and Sunday where allowances are payable in terms of clause 14, Work Performed on weekends, or in the computation of overtime rates.

 

12.2    Employees who are required to work a broken shift shall be paid an amount as set out in Table 2 - Allowances of Schedule A, Monetary Rates, as a broken shift allowance.

 

13.  Hours of Work

 

13.1    Subject to paragraph 13.1.3 of this clause the ordinary hours of work shall not exceed an average of 38 hours per week where a weekly roster is observed or 76 hours per fortnight where a fortnightly roster is observed.  Such ordinary hours shall be worked in five days on a weekly roster or in ten days on a fortnightly roster and within a margin of fourteen hours per day provided that in order to provide household staff with greater flexibility and to provide the schools with improved efficiency in rostering provisions:

 

13.1.1             the margin for the ordinary hours of work on any one day shall be 6.00 am to 8.00 pm.  The margin of hours shall be calculated from the time of starting to the time of finishing and shall include all time for meals.

 

13.1.2             the actual ordinary hours worked by a full time employee in any week may, by written agreement between the principal and the employee, be averaged over a period of four weeks between the hours of 6.00 am and 8.00 pm provided that:

 

(i)        the total ordinary hours worked in the four week period must not exceed 152 hours;

 

(ii)      full time employees are required to be on duty for a minimum of three hours on any one rostered day.

 

13.1.3             the ordinary hours as specified in subclause13.1 of this clause shall be arranged so that the hours worked on each day shall include a proportion of one hour (such proportion will be on the basis of 0.4 of one hour for each eight ordinary hours worked).  The proportion shall accumulate to allow the employee to take one rostered day off in each twenty day, four week cycle, paid for as though worked, with a maximum of twelve days per annum.

 

13.1.4             where the day off provided under paragraph 13.1.3 of this clause is taken on a rostered basis, where practicable the day chosen shall be one preceding or following the employee's normal rostered day(s) off.  Another day shall be substituted where a public holiday occurs on the rostered day off.

 

13.1.5             by agreement of the principal rostered days off may accumulate and may be scheduled during the appropriate vacation periods to suit the needs of the employer.  Such accumulation is not to exceed five days. Dates for the taking of such accumulated leave shall be agreed mutually between the employee and principal throughout the year.

 

13.1.6             an employee who has not worked a complete four week cycle shall receive pro rata accrued entitlements in respect of the rostered day off.

 

13.1.7             each day of paid sick leave taken during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

 

13.1.8             accrued rostered days off, where taken, shall be regarded as days worked for accrual purposes in the particular twenty day shift cycle.

 

13.1.9             time towards a rostered day off shall not accrue whilst an employee is on the first four weeks of recreation leave accrued each year.

 

13.1.10           where an employee is absent on extended leave and/or worker's compensation during a cycle and returns prior to the end of that cycle, time absent during that cycle shall count towards the accrual of time for the purpose of taking a rostered day off during that cycle. An employee who is absent on extended leave and/or worker's compensation for a full cycle shall not be entitled to accumulate time towards a rostered day off during that cycle.

 

13.1.11           employees on an ordinary weekly or fortnightly roster shall be granted two days off duty each week.

 

13.1.12           shift rosters may be changed on seven days notice or at any time by mutual consent, or in exceptional circumstances on twelve hours notice if rendered necessary by the absence of other employees from duty or shortage of staff, or other exceptional circumstances.

 

13.2    Part time employees who work regular hours on a five day basis shall be entitled, by mutual agreement between the principal and the employee, to the benefit of the 38 hour week, 19 day month on a pro rata basis.

 

13.3    Casual employees shall not be eligible to accumulate time in accordance with the provisions of this award for the benefit of the 38 hour week, 19 day month.

 

13.4    The starting and finishing times of employees shall be as determined by the principal to suit the needs of the school following consultation with the employees.

 

13.5    Employees cannot be required to work more than five hours in one continuous period without an unpaid meal break of at least 30 minutes.

 

13.6    No employee shall be eligible for sick leave when on rostered days off arising from the 38 hour week, 19 day month.

 

14.  Work Performed on Weekends

 

14.1    Time worked on Saturdays and Sundays, other than that worked as overtime, shall be paid for at the rate of:

 

Saturday - time and one half;

 

Sunday - time and three quarters;

 

provided that a shift in which the majority of hours are worked on a Saturday or Sunday shall, for the purpose of this clause, be regarded as a Saturday or Sunday shift as the case may be.

 

15.  Public Holidays

 

15.1    Provisions relating to public holidays are prescribed in the Regulation.

 

15.2    Where an employee is required to and does work on a public holiday, the employee shall be paid double time and a half for time worked.  Such payment shall be in lieu of any other penalty rates that would have been payable had the day not been a public holiday.

 

15.3    Where a public holiday falls on an employee’s normal rostered day off and the employee is not required to work on that day, the employee shall be paid one day’s pay for the public holiday or have one day added to their annual holidays for each such day.  Provided that this provision shall not apply to an employee who is regularly rostered to work Monday to Friday and the public holiday falls on a Saturday or Sunday.

 

16.  Overtime

 

16.1    The principal may require any employee to work reasonable overtime and such employee shall work overtime in accordance with such requirement, provided that an employee shall have ten hours off duty between the termination of work on one day and the commencement of ordinary work on the next day.

 

16.2    Subject to subclause 16.1, the principal may require an employee to work reasonable overtime at overtime rates.

 

16.3    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.

 

16.4    For the purposes of subclause 16.2 what is unreasonable or otherwise will be determined having regard to:

 

(i)        any risk to an employee’s health and safety;

 

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

 

(iii)     the needs of the workplace or enterprise;

 

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

 

(v)       any other relevant matter.

 

16.5    Subject to the provisions of clause 13 of this award, overtime at the rate of time and one-half for the first two hours and double time thereafter shall be paid for all time worked:

 

16.5.1 in excess of the daily rostered hours on any one day (inclusive of time worked for accrual purposes in accord with the provisions for a 38 hour week, 19 day month); or

 

16.5.2 in excess of 38 hours per week where a weekly roster is observed; or

 

16.5.3 in excess of 76 hours per fortnight where a fortnightly roster is observed; or

 

16.5.4 in excess of 152 hours per four week period where a four week roster is observed; or

 

16.5.5 on normal rostered days off; or

 

16.5.6 in excess of the maximum spread of hours (inclusive of the time worked for accrual purposes in accordance with the provisions of a 38 hour week, 19 day month).

 

16.6    Provided that overtime worked on Sundays shall be paid for at the rate of double time and where an employee is brought in to work overtime on a Sunday which is the employee's rostered day off, the employee shall be paid for such overtime with a minimum payment of four hours at that rate and provided that overtime worked on a public holiday shall be paid at the rate of double time and one half. 

 

16.7    An employee required to work overtime of two hours or more without being notified on the previous day or earlier shall be supplied with a meal by the employer.

 

16.8    In computing overtime each day’s work shall stand alone.

 

16.9    For the purpose of calculating overtime payments, the hourly rate of pay shall be determined by dividing the weekly rate of pay by 38.

 

16.10  An employee who works overtime may elect to take leave in lieu of payment for all or part of the entitlement in respect of time worked.

 

16.11  The following provisions shall apply to the leave in lieu:

 

16.11.1           the employee shall advise the supervisor before the overtime is worked or as soon as practicable on completion of overtime, that the employee intends to take leave in lieu of payment;

 

16.11.2           the leave shall be calculated at the same rate as would have applied to the payment of overtime in terms of this clause;

 

16.11.3           the leave must be taken at the convenience of the school, except when leave in lieu is being taken to look after a sick family member in terms of subclause 20.1.1 of this award;

 

16.11.4           the leave shall be taken in multiples of a quarter day;

 

16.11.5           leave in lieu accrued in respect of overtime worked on days other than public holidays shall be given by the school and taken by the employee within three months of accrual unless alternate local arrangement have been made;

 

16.11.6           at the employee’s election, leave in lieu accrued in respect of overtime worked on a public holiday may be added to the employee’s annual leave and may be taken in conjunction with annual leave; and

 

16.11.7           an employee shall be paid for the balance of any overtime entitlement not taken as leave in lieu.

 

17.  Leave

 

17.1    General -

 

17.1.1 General leave conditions of employees under this Award shall be regulated in accordance with the provisions contained within the Act and Regulation.

 

17.2    Stand Down -

 

17.2.1 When schools are in recess and it is necessary to stand down staff, employees employed in such schools shall be paid half ordinary pay for the period during which they have been stood down, provided that they have been continuously employed for the school term immediately preceding and for the school term immediately following the period of recess.

 

17.3    Additional Leave -

 

17.3.1 Employees who are regularly rostered to perform duty on Sundays and public holidays shall be granted additional leave on the following basis:

 

Number of Ordinary Shifts Worked

Additional Leave

on Sundays and/or Public Holidays

 

 

 

4‑10

1 additional days leave

11‑17

2 additional days leave

18‑24

3 additional days leave

25‑31

4 additional days leave

32 or more

5 additional days leave

 

17.4    Sick Leave -

 

17.4.1 Sick leave shall be granted in accordance with the Regulation.

 

17.4.2 No employee shall be eligible for sick leave when on rostered leave arising from the 38 hour week, 19 day month.

 

17.4.3 In accordance with existing provisions, the employer will exercise the right to call for proof of illness.

 

17.5    Annual Leave Loading -

 

17.5.1 An employee, other than a casual employee, is entitled to payment of an annual leave loading of 17.5% on the monetary value of up to four weeks recreation leave accrued in a leave year provided that:

 

(i)        where additional leave is accrued by an employee as compensation for work performed regularly on Sundays or public holidays, the annual leave loading shall be calculated on five weeks; and

 

(ii)      shift workers proceeding on recreation leave are eligible to receive the more favourable of:

 

(a)       the shift premiums and penalty rates which they would have received had they not been on recreation leave; or

 

(b)       17.5% annual leave loading.

 

18.  Family and Community Service Leave

 

18.1    The Secretary shall grant to a staff member some, or all of their accrued family and community service leave on full pay, for reasons relating to unplanned and emergency family responsibilities or other emergencies as described in subclause 18.2 of this clause. The Secretary may also grant leave for the purposes in subclause18.3 of this clause. Non-emergency appointments or duties shall be scheduled or performed outside of normal working hours or through approved use of flexible working arrangements or other appropriate leave.

 

18.2    Such unplanned and emergency situations may include, but not be limited to, the following:

 

18.2.1 Compassionate grounds - such as the death or illness of a close member of the family or a member of the staff member's household;

 

18.2.2 Emergency accommodation matters up to one day, such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects;

 

18.2.3 Emergency or weather conditions; such as when flood, fire, snow or disruption to utility services etc., threatens a staff members property and/or prevents a staff member from reporting for duty;

 

18.2.4 Attending to unplanned or unforeseen family responsibilities, such as attending child's school for an emergency reason or emergency cancellations by child care providers;

 

18.2.5 Attendance at court by a staff member to answer a charge for a criminal offence, only if the Secretary considers the granting of family and community service leave to be appropriate in a particular case.

 

18.3    Family and community service leave may also be granted for:

 

18.3.1 An absence during normal working hours to attend meetings, conferences or to perform other duties, for staff members holding office in Local Government, and whose duties necessitate absence during normal working hours for these purposes, provided that the staff member does not hold a position of Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council; and

 

18.3.2 Attendance as a competitor in major amateur sport (other than Olympic or Commonwealth Games) for staff members who are selected to represent Australia or the State.

 

18.4    The definition of "family" or "relative" in this clause is the same as that provided in subclause 20.1.3 of clause 20, Personal/Carer’s Leave of this award.

 

18.5    Family and community service leave shall accrue as follows:

 

18.5.1 two and a half days in the staff members first year of service;

 

18.5.2 two and a half days in the staff members second year of service; and

 

18.5.3 one day per year thereafter.

 

18.6    If available family and community service leave is exhausted as a result of natural disasters, the Secretary shall consider applications for additional family and community service leave, if some other emergency arises.

 

18.7    In cases of illness of a family member for whose care and support the staff member is responsible, paid sick leave in accordance with clause 20, Personal/Carer’s Leave of this award shall be granted when paid family and community service leave has been exhausted or is unavailable.

 

18.8    The Secretary may also grant staff members other forms of leave such as accrued recreation leave, time off in lieu, and so on for family and community service leave purposes.

 

19.  Bereavement Leave

 

19.1    Where available family and community service leave is exhausted an employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in paragraph 20.1.3 below.

 

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

 

19.3    Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave in subclause 20.1.3, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

19.4    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.

 

19.5    Bereavement leave may be taken in conjunction with other leave available under subclauses 20.2, 20.3, 20.4, 20.5 and 20.6. In determining such a request the principal will give consideration to the circumstances of the employee and the reasonable operational requirements of the school. 

 

19.6    Subject to the evidentiary and notice requirements in 19.2, 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 subclause 20.1.3 of clause 20, Personal/Carer’s Leave.

 

19.7    The employer and employee shall agree on the period for which the employee will not be entitled to be available to attend work.  In the absence of agreement, the employee is entitled to not be available 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.

 

19.8    An employer must 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.

 

20.  Personal/Carer’s Leave

 

20.1    Use of Sick Leave Entitlements

 

20.1.1 When family and community service leave is exhausted, an employee, other than a casual employee, with responsibilities in relation to a category of person set out in paragraph 20.1.3 of this clause who needs the employee’s care and support, shall be entitled to use, available paid sick leave, subject to the conditions specified in this clause, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

20.1.2 The sick leave shall initially be taken from the current leave year’s entitlement followed, if necessary, by the sick leave accumulated over the previous three years. In special circumstances, the Secretary may grant additional sick leave from the sick leave accumulated during the employee’s eligible service.

 

20.1.3 The entitlement to use sick leave in accordance with this clause is subject to:

 

(i)        The employee being responsible for the care and support of the person concerned; and

 

(ii)      The person concerned being:

 

(a)       a spouse of the employee; or

 

(b)       a de facto spouse being a person of the opposite sex to the employee who lives with the employee as her husband or his wife on a bona fide domestic basis although not legally married to that employee; or

 

(c)       a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or of spouse or of de facto spouse of the employee; or

 

(d)       a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis;

 

(e)       or a relative of the employee who is a member of the same household, where for the purposes of this definition:

 

1.         "relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

2.         "affinity" means a relationship that one spouse or partner has to the relatives of the other; and

 

3.         "household" means a family group living in the same domestic dwelling.

 

20.1.4 An employee shall, wherever practicable, give the principal notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the principal by telephone of such absence at the first opportunity on the day of absence.

 

20.1.5 Subject to the evidentiary and notice requirements in 20.1.4, 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 paragraph 20.1.3 of clause 20, Personal/Carer’s Leave, who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

20.1.6 The employer and the employee shall agree on the period for which the employee will not be entitled to be available to attend work.  In the absence of agreement, the employee is entitled to not be available 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.

 

20.1.7 An employer must 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.

 

20.2    Use of Unpaid Leave for Family Purposes

 

20.2.1 An employee may elect, with the consent of the principal, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in paragraph 20.1.3 above who is ill.

 

20.3    Use of Annual Leave -

 

20.3.1 An employee may elect with the consent of the principal, subject to the Annual Holidays Act 1944 to take annual leave not exceeding ten days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties to care for a person prescribed in paragraph 20.1.3 of clause 20, Personal/Carer’s Leave, who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

20.3.2 An employee may elect with the employer’s agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

20.3.3 Access to annual leave, as prescribed in paragraph 20.3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

20.3.4 An employee may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

20.4    Use of Time Off in Lieu of Payment for Overtime -

 

20.4.1 An employee may elect, with the consent of the principal, to take time off in lieu of payment for overtime at a time or times agreed with the principal within twelve months of the said election.

 

20.4.2 If, having elected to take time as leave in accordance with paragraph 20.4.1 above, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the twelve month period or on termination.

 

20.4.3 Where no election is made in accordance with paragraph 20.4.1, the employee shall be paid overtime rates in accordance with clause 16 of this award.

 

20.5    Use of Make-up Time

 

20.5.1 An employee may elect, with the consent of the principal, to work "make-up time".  "Make-up time" is worked when the employee takes time off during ordinary hours for family or community service responsibilities, and works those hours at a later time, during the spread of ordinary hours, at the ordinary rate of pay.

 

20.5.2 An employee on shift work may elect, with the consent of the principal, to work "make-up time" (under which the employee takes time off during ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

20.6    Use of Rostered Days Off

 

20.6.1 An employee may elect, with the consent of the principal, to take a rostered day off at any time.

 

20.6.2 An employee may elect, with the consent of the principal, to take rostered days off in part day amounts.

 

20.6.3 An employee may elect, with the consent of the principal, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the principal and employee, or subject to reasonable notice by the employee or the principal. 

 

20.6.4 This subclause is subject to the Secretary informing the Union of any intention to introduce an enterprise system of rostered day off flexibility, and providing a reasonable opportunity for the Union to participate in negotiations.

 

21.  Parental Leave

 

21.1    Parental leave conditions of employees under this Award shall be regulated in accordance with the provisions contained within the Act and Regulation and will be in addition to those set out in the Industrial Relations Act 1996 (NSW) and the Regulation.

 

21.2    An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

the employee or employee’s spouse is pregnant; or

 

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.

 

21.3    Right to Request

 

21.3.1 An employee entitled to parental leave may request the employer to allow the employee:

 

(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.

 

21.3.2 The employer 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 the employer’s business.  Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

21.3.3 The employee’s request and the employer’s decision made under subparagraphs 21.3.1(ii) and 21.3.1(iii) must be recorded in writing.

 

21.3.4 Where an employee wishes to make a request under 21.3.1(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.

 

21.4    Communication During Parental Leave

 

21.4.1 Where an employee is on parental leave and a definite decision has been made to introduce a significant change at the workplace, the employer 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.

 

21.4.2 The employee shall take reasonable steps to inform the employer 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.

 

21.4.3 The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with 21.4.1.

 

22.  Anti-Discrimination

 

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

 

22.2    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.

 

22.3    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.

 

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

 

22.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation; offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

22.4.3 a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

22.5    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.

 

23.  Flexible Work Organisation

 

23.1    In order to improve services to students or to improve employee’s working arrangements, the following process provides for the principal and employees of a school to vary the school’s organisation in the following manner:

 

23.1.1 The principal or employees may propose a variation to existing organisational/working arrangements.

 

23.1.2 The proposal must be capable of being implemented within the school’s overall current staffing entitlement.

 

23.1.3 The proposal must be agreed to by the principal and the majority of employees.

 

23.1.4 Consultation, where appropriate, must also take place with teaching staff, parents, students and relevant community groups. 

 

24.  Secure Employment

 

24.1    Work Health and Safety

 

24.1.1 For the purposes of this subclause, the following definitions shall apply:

 

(i)        A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

(ii)      A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

24.1.2 Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

(i)        consult with employees of the labour hire business and/or contract business  regarding the workplace work health and safety consultative arrangements;

 

(ii)      provide employees of the labour hire business and/or contract business with appropriate work health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

(iii)     provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

(iv)     ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

24.1.3 Nothing in this subclause (a) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Work, Health and Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act 1998.

 

24.2    Disputes Regarding the Application of this clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

24.3    This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

25.  Deduction of Union Membership Fees

 

25.1    The union shall provide the employer with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the union's rules.

 

25.2    The union shall advise the employer of any change to the amount of fortnightly membership fees made under its rules. Any variation to the schedule of union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

25.3    Subject to (25.1) and (25.2) above, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the union's rules, provided that the employee has authorised the employer to make such deductions.

 

25.4    Monies so deducted from employees' pay shall be forwarded regularly to the union together with all necessary information to enable the union to reconcile and credit subscriptions to employees' union membership accounts.

 

25.5    Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.

 

25.6    Where an employee has already authorised the deduction of union membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

26.  Dispute and Grievance Resolution Procedures

 

26.1    Subject to the provisions of the Industrial Relations Act 1996, should any dispute (including a question or difficulty) about an industrial matter arise, then the following procedures shall apply:

 

26.1.1 Should any dispute, question or difficulty arise as to matters occurring in a particular workplace, then the employee and/or the Union’s workplace representative will raise the dispute, question or difficulty with the principal/supervisor as soon as practicable.

 

26.1.2 An employee may request to be represented by a Union representative.

 

26.1.3 The principal/supervisor will discuss the matter with the employee and/or representative within two working days with a view to resolving the dispute, question or difficulty or by negotiating an agreed method and time frame for proceeding.

 

26.1.4 Should the above procedure be unsuccessful in producing a resolution of the dispute, question or difficulty or should the matter be of a nature which involves multiple workplaces, then the individual employee or the Union may raise the matter with an appropriate officer of the Department with a view to resolving the dispute, question or difficulty or negotiating an agreed method and time frame for proceeding.

 

26.1.5 Where the procedures in paragraph 14.1.4 do not lead to resolution of the dispute, question or difficulty, the matter will be referred to the Deputy-Secretary, Corporate Services of the Department and the Secretary of the Union.  They or their nominees will discuss the dispute, question or difficulty with a view to resolving the matter or by negotiating an agreed method and time frame for proceeding.

 

26.2    Should the above procedures not lead to a resolution, then either party may make application to the Industrial Relations Commission of New South Wales.

 

26.3    Whilst the above procedures are being followed, normal work undertaken prior to notification of the grievance or dispute shall continue unless otherwise agreed between the parties.  In the case of a dispute involving occupational health and safety normal work shall proceed in such a manner to avoid any risk to an employee of the Department or member of the public.  If practicable, normal work shall proceed in such a manner to avoid any risk to the health and safety of any employee or member of the public.

 

27.  No Extra Claims

 

27.1    Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014, there shall be no further claims/demands or proceedings instituted before the NSW Industrial Relations Commission for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the Employees covered by the Award that take effect prior to 30 June 2019 by a party to this Award

 

SCHEDULE A

 

MONETARY RATES

 

Table 1 - Wages

 

Household Staff -

 

Classification

Weekly Rate Effective from FFPP

 

on or after 1.7.2018

 

$

Household Staff Grade 1

 

Kitchen Hand or Useful

 

Cleaner

813.40 pw

Room Attendant

 

Dining Room Attendant

 

Laundry Attendant

 

Stores Steward

 

 

Household Staff Grade 2

 

Butcher (casual)

 

Cook (unqualified)

822.50 pw

Cook (unqualified)

 

Household Staff Grade 3

 

Laundry Supervisor

 

Cook (qualified)

847.30 pw

Dining Room Supervisor

 

Housekeeper/Cleaning

 

Supervisor

 

Household Staff Grade 4

 

First Cook (qualified)

891.30 pw

Household Staff Grade 5

 

Catering Supervisor

931.10 pw

 

Table 2 - Allowances

 

Clause

Description

Rate

 

 

$

Clause 12

Broken Shift Allowance

12.25

 

 

 

P. M. KITE, Chief Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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