South Sydney City Council Salaried Officers Award
2014
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by City of Sydney and another.
(Nos. IRC 176 and 366 of 2014)
Before The Honourable Justice Walton, President
Commissioner
Stanton
Commissioner
Newall
|
7 August 2014
|
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Area
Incidence and Duration
3. Statement
of Intent
4. Anti-Discrimination
5. Grievance
and Dispute Settlement Procedure
6. Classification
Structure
7. Rates of
Pay
8. Pay
Increases
9. Salary
Sacrifice
10. Payment of
Wages
11. Local
Workplace Agreements
12. Workplace
Flexibility
13. Skills
Development and Workplace Training
14. Terms of
Employment
15. Hours of
Work
16. Part-time
Employment
17. Casual
Employment
18. Consultative
Committee
19. Higher
Grade
20. Penalty
Rates
21. Overtime
22. Leave
Entitlements
A. Annual Leave
B. Bereavement Leave
C. Personal Carer’s Leave
CA. Flexible Alternative to Personal Carer’s Leave
D. Long Service Leave
E. Parental Leave
F. Sick Leave
G. Other Leave
23. Public
Holidays
24. Union
Picnic Day
25. Calculation
of Service
26. Work
Health and Safety
27. Uniforms,
Clothing and Safety
28. Workplace
Efficiency
29. Exemption
from Industrial Action
30. Tool
Allowance
31. Travelling
Expenses
32. Meal
Breaks
33. Payment to
Dependants of a Deceased Employee
34. Employee
Representatives
35. Termination
of Employment
36. Workplace
Change and Redundancy
37. Definitions
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Tool Allowance
Table 3 - Performance Incentive Bonus
PART C
AWARD COVERAGE
Table 1 - Categories of Employees
Schedule A - Transitional Arrangements, Savings &
Adjustments
2. Area, Incidence
and Duration
(i) This award
will be binding on:
(a) The Council of
the City of Sydney;
(b) the New South
Wales Local Government, Clerical, Administrative, Energy, Airlines &
Utilities Union;
(c) the Local
Government Engineers’ Association;
(d) the
Development and Environmental Professionals’ Association of New South Wales and
(e) all employees
of the Council of the City of Sydney except those employed under the following
awards:
The City of Sydney Wages / Salary Award 2014, as
amended or replaced; and
South Sydney City Council Wages Staff Award 2014, as
amended or replaced.
(ii) This Award
shall be known as the South Sydney City Council Salaried Officers Award 2014.
(iii) This Award
shall cover positions and grades referred to in Part C - Table 1 of this Award
and to any other subsequent positions created under this Award.
(iv) This Award
rescinds and replaces the South Sydney City Council Salaried Officers Award
2010, published 25 June 2010 (370 I.G. 227).
(vi) This Award
shall operate on and from 7 August 2014 and shall remain in force for a period
of 3 years.
3. Statement of
Intent
The parties to the Award are committed to:
(i) co-operating
positively to increase the efficiency and achieve greater flexibility to
workplace practices.
(ii) improving
skill levels and removing impediments to multi-skilling and broadening the
range of tasks that the employee may be required to perform.
(iii) eliminating
discrimination.
4. Anti-Discrimination
(i) It is the intention of the parties to
this Award to seek to achieve the object in section 3(f) of the Industrial
Relations Act 1996 (NSW) to prevent and eliminate discrimination in the
workplace. This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity and age.
(ii) It follows that in fulfilling their
obligations under the dispute resolution procedure set out in this agreement
the parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this Award are not directly or indirectly
discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the Award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977
(NSW), it is unlawful to victimise an employee because the employee has made or
may make or has been involved in a complaint of unlawful discrimination or
harassment.
(iv) 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 sec 56 (d) of the
Anti-Discrimination Act 1977 (NSW);
d. a party to this agreement from pursuing
matters of unlawful discrimination in any State or Federal jurisdiction.
(v) 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.
5. Grievance and
Dispute Settlement Procedure
(i) The parties to this Award are committed
to resolving disputes and grievances through co-operative consultation with one
another and joint problem solving.
(ii) To ensure that disputes and issues
relating to the provisions of this Award do not go unresolved and affect workplace
productivity and relationships, the parties commit themselves to the processes
of the Council’s dispute resolution process as detailed under this clause.
(iii) The dispute resolution process must be
entered into by the parties to this Award with the intention of preventing or
settling any grievance, complaint or dispute at the workplace without
industrial action or stoppage of work, and with a view to ensuring that
services to the public and ratepayers are maintained without interruption or
being affected in any way.
(iv) Procedures to Resolve Workplace
Grievances, Complaints or Disputes (The Dispute Resolution Process)
At
all stages of the Dispute Resolution Process employees will continue to perform
work for the Council as directed by the Council or its authorized
representatives, without interruption or the imposition of any bans or
limitations, and in accordance with the provisions of this Award and any
relevant Council policies. The procedure to be followed is as follows:
Step 1 If there arises any grievance, complaint or
dispute at the workplace, in the first instance the employee(s) concerned
and/or any employee representative must meet to discuss the matter with the
employee(s) immediate supervisor. The employee(s) supervisor will listen carefully
to the employee(s) concerns and together the parties will try to resolve the
dispute.
Step 2 If the supervisor and employee(s) (and/or their
representatives) are unable to resolve the dispute or it is not appropriate
that the supervisor deal with the dispute, the dispute must be referred to
senior management. Senior management will listen to the employee(s) concerns
and either resolve the dispute or refer the matter to more senior management.
Step 3 More senior management will listen to the employee(s)
(and/or their representatives) and attempt to resolve the dispute. It is either
resolved or referred to an independent body.
Step 4 If more senior management and the employee(s)
are unable to resolve the dispute an independent conciliator or mediator will
assist to resolve the dispute.
(v) To assist the expeditious resolution of
disputes, where matters of urgency are raised at an organised meeting of the
Unions the Manager, Human Resources Operations will be informed by an official
of the relevant Union(s) of the existence of the dispute. The Manager, Human
Resources Operations, will then inform the Executive Members concerned and, if
need be, the Chief Executive Officer. If the matter remains unresolved, the
Manager, Human Resources Operations, will arrange a conference between the
parties concerned or affected.
(vi) Nothing contained in the Dispute
Resolution Process will preclude the Council or any of the Unions concerned
from entering into direct negotiations on any matter. During such negotiations,
except where they are concerned wholly or predominantly with a genuine safety
issue, work will be performed as directed by the Council or its authorised
representative(s).
6. Classification
Structure
Categories of employees who may be employed under this Award
are set out in Table 1 of Part C.
(i) Progression
Grades 1 to 13
(a) The
classification structure has as its foundation a consistent and rigorous
process of determining relativities of positions. This process takes into
account all the features of work performed by salaried employees at Council,
including the nature of all conditions under which it is performed and any
hazards that may inevitably be experienced.
(b) Movements through
each of the Levels shall be based on the acquisition and application of
additional skills over a prescribed period, which shall be a minimum of 12
months for any one Level. The minimum period is established to ensure that the
skills acquired can be applied to the full range of conditions that may apply
to the position and to an appropriate level of performance.
(c) Job Evaluation
Policy - The consistent analysis and evaluation of each position within the
grading structure shall be undertaken in compliance with the Job Evaluation
Policy, as adopted by Council from time to time.
(ii) Leadership
Criteria and Performance Incentive Bonus Scheme Grades 14-18
(a) Leadership
Criteria is available to provide employees with the opportunity to receive
recognition for meeting or exceeding these criteria. Employees shall complete
the 12 months review cycle with Council prior to being eligible for the bonus
payments.
(b) The rates of
pay for Leadership Criteria are set out in Table 1 of Part B of this Award.
(c) Employees who
have reached the Leadership Criteria pay rate will be eligible to participate
for Performance Incentive Bonus Payments as follows:
1. New Employees
- for employees commencing employment after 14 August 2002:
(i) Stage 1 :
Performance bonus of up to 2.5% is available after a 12 month assessment
process following successful completion of the leadership criteria. The process will start on 1 July 2003 with an
assessment to take place between July and August 2004. The bonus of up to 2.5%, where achieved will
be paid by 30 September 2004.
(ii) Stage 2:
Performance bonus of up to 5% is available after a 12 month assessment
process. This will begin on 1 July 2004
and subject to the completion of the stage 1 performance assessment process. The assessment will take place between July
and August 2005. The bonus of up to 5%, where achieved will be paid by 30
September 2005.
2. Existing
Employees - for employees commencing employment before 14 August 2002:
(i) Stage 1:
Performance bonus of up to 5% is available after a 12 month assessment process
following successful completion of the leadership criteria. The process will start on 1 July 2003 with an
assessment to take place between July and August 2004. The bonus of up to 5%, where achieved will be
paid by 30 September 2004.
(ii) Stage 2:
Performance bonus of up to 5% is available after a 12 month assessment
process. This will begin on 1 July 2004
and subject to the completion of the stage 1 performance assessment process. The assessment will take place between July
and August 2005. The bonus of up to 5%, where achieved will be paid by 30
September 2005.
(d) Bonus
payments, where referred to in this clause are one off payments and do not form
a permanent part of the base salary of the employee.
(e) The amounts of
bonus payments for each stage are set out in Table 3 of Part B of this Award.
(f) Within 12
months of the making of this award the parties will negotiate to finalise the model
for the performance incentive bonus scheme and an appropriate training agenda,
for commencement of the process on 1 July 2003.
7. Rates of Pay
(i) The rates of
pay are set out in Table 1 of Part B of this Award and incorporate a 2.75%
increase that is effective from 13 July 2013 for employees employed as at the
date of the making of this Award (noting that 2.5% has already been paid).
(ii) The rates of
pay detailed at 'Entry' at each of the steps within each of the Grades include
all skill based and disability allowances and other payments for accreditation
which applied prior to the making of this Award and take into account the range
of conditions under which all work is performed.
(iii)
(a) Salary steps
are provided within grades 5 to 13 to encourage the development of positions
within these grades.
(b) The
relationship between the entry rates of pay and the subsequent steps is
detailed as follows:
Grades 5 to 8
|
Entry to Step 1:
|
3.5%
|
|
Step 1 to Step 2:
|
3.5%
|
|
Step 2 to Step 3:
|
3.0%
|
|
|
|
Grades 9 to 13
|
Entry to Step 1:
|
2.5%
|
|
Step 1 to Step 2:
|
2.5%
|
|
Step 2 to Step 3:
|
2.5%
|
|
|
|
Grades 14 to 18
|
Appointment to
|
|
|
Leadership Pay Rate:
|
2.5%
|
(iv) The rate of pay
for positions at Grade 14 and above shall be inclusive of the overtime required
to effectively undertake the range of duties required of the position.
8. Pay Increases
(i) For the term of this Agreement, the
following increases will apply to the rates of pay detailed in Table 1
a. Movements in the rates of pay detailed
in Appendix 1 will be consistent with the percentage increases in the rates of
pay provided by the successor to the Local Government (State) Award 2010. These increases will apply on the first full
pay period following:
1
July 2014;
1
July 2015; and
1
July 2016.
9. Salary
Sacrifice
An employee may agree to sacrifice a portion of pre-tax
ordinary pay in accordance with Council’s Salary Sacrifice Policy.
10. Payment of
Wages
(i)
(a) The Council
will pay the weekly wage due to each employee directly into an account bearing
the employee’s name at a mutually agreed financial institution (referred to as
the nominated account) subject to the following;
(1) The Council
reserves the right to limit the definition and number of financial institutions
that can be nominated; and
(2) Employees must
supply full details of the nominated account to the Council prior to commencing
their employment.
(b) Time off during
normal working hours will not be required by employees, or authorised by
Council, for the purpose of obtaining cash or otherwise attending to the
accounts at the nominated financial institutions.
(ii) An employee
may authorise the Council to deduct payments on behalf of the employee,
provided the employee has given written notification authorising the
deduction(s).
11. Local
Workplace Agreements
(i) The parties agree to review operations
at the workplace level on an ongoing basis with the view to providing enhanced
flexibility and efficiency.
(ii) In agreement with employees and their
representative unions, the Council may establish Local Workplace Agreements
(LWA) particular to a specific site or group of employees to provide improved
flexibility and efficiency.
(iii) A LWA may be negotiated to provide for
different conditions of employment than are provided for in the Council's
Industrial Agreements and Awards. As an
example an LWA may change issues relating to: hours of work, shift work, overtime,
on call, meal breaks, and allowance payments.
(iv) A LWA may provide for different
conditions of employment where the following requirements have been complied
with:
a) employees are not disadvantaged when
the LWA is viewed as a whole;
b) the majority of employees affected
agree after taking all views into consideration, including the need to maintain
effective working relationships;
c) the appropriate Union has been advised
prior to commencement of discussions with the employees concerned;
d) the LWA is not contrary to any law or
other Enterprise Agreement and does not jeopardise safety;
e) the hours of work cannot be altered so
that they exceed the maximum number of ordinary hours allowed under the
Industrial Relations Act;
f) the LWA will improve efficiency and/or
customer service and/or job satisfaction.
(v) LWA's will be productivity-based.
Existing Award provisions will apply unless expressly varied by such an
Agreement.
(vi) LWA's may provide for improvements in remuneration
and/or conditions linked to productivity improvements.
(vii) LWA's will be by consent, between
employees, the Council and the relevant Union(s), where the parties shall
commit in writing and include a date of operation and expiration. Affected
employees will be given the opportunity to vote on any Agreement proposed by
the relevant union(s). In order for the LWA to be accepted, a majority (i.e.
50% + 1) of employees party to the LWA must vote in favour of it.
(viii) All LWA’S that have been accepted as per
subclause 11(vii) will be registered with the NSW Industrial Relations
Commission.
12. Workplace
Flexibility
(i) The parties to this Award agree that to
provide an efficient and effective level of service staffing arrangements must
continually address service demands and employees must be flexible to the
Council’s requests to perform additional or other duties as necessary.
(ii) To meet service demands, from time to
time, the Council may require employees to transfer between divisions/positions
within the same salary band or level.
(iii) The transfer of an employee to a new
position will be carried out after considering the job requirements of the
position and the employee’s relevant experience, skills, abilities and
knowledge.
(iv) An employee will not be placed in a
position where they are unable or unqualified to meet that position’s job
requirements, unless training opportunities are also provided. It is the
responsibility of the employee to notify the Council if they believe they are
unable or unqualified to meet a position’s job requirements.
(v) Transferring employees for the purposes
of this clause will receive their existing rate of pay (i.e. the employee’s
take home pay will not be reduced).
(vi) Transfers may involve changes to duties
and functions. Where this occurs, employees may be required to undertake formal
or on the job training to gain necessary skills and to be able to accept new
responsibilities.
(vii) Where prior written approval is given, the
Council will bear the costs associated with any training which the employee is
requested or required to undertake
13. Skills
Development and Workplace Training
(i) The Council agrees to develop and
implement individual development plans for all staff. Such plans will be developed through
consultation and assessment of skills with regard to organisational
requirements and individual career paths.
(ii) Individual development plans will be
reviewed annually in line with the Performance Management & Development
Program.
(iii) If an employee is required by the Council
to undertake compulsory training in accordance with the employee's individual
development plan, the employee will not suffer any reduction in ordinary pay as
a result.
14. Terms of
Employment
(i) To be
eligible for a permanent appointment a person must pass a full medical
examination by Council’s Medical Officer.
(ii) An employee,
who does not report for duty on any day for any reasons shall, as soon as
practicable after normal starting time on that day, give notice to the Council
or its authorised representative as to the reason for and prospective duration
of the absence.
(iv)
(a) Where an
employee is absent from duty for reasons which remove an entitlement to payment
under this Award, the Council may deduct from the wage of the employee, payment
for all time not worked.
(b) The Council
shall not make any deduction from wages for time lost owing to wet weather,
provided that the employee;
(1) shall continue
working until such time as the supervisor orders work to cease,
(2) shall stand by
as directed by the supervisor, and
(3) shall
recommence duty as directed.
(iv) Where an
employee is absent from duty without permission for a continuous period of one
ordinary working week, and the employee fails within such period to furnish an
explanation in writing for the absence satisfactory to the Council, the
employee’s employment shall be deemed to have abandoned their employment.
(v)
(a) The Council
may direct an employee to carry out such duties as are within the limits of an
employee's skill, competence and training, provided that such duties are not
designed to promote deskilling.
(b) An employee
shall carry out such duties as directed, including duties of a higher grade
position.
(c) Where an employee
is directed to perform work for a lower grade, the employee shall not suffer
any reduction in rate of pay as a result of this arrangement.
15. Hours of Work
(i) Spread of
Hours - General
(a) Except as
otherwise provided in paragraph (b), the ordinary working hours for employees
shall be 36.25 per week, worked between 6:00am and 8:00pm, Monday to Friday
inclusive, except for unpaid meal breaks.
(b) The ordinary
working hours for employees engaged in the library function shall be 36.25 per
week, worked between 6:00am and 8:00pm, Saturday to Friday, except for unpaid
meal breaks.
(c) Where the job
description requires an employee to supervise 38 hour per week worker(s), the
employee shall also be required to work a 38 hour week.
(d) The ordinary hours
of work shall not exceed 12 hours on any one day.
(e) Except in
cases of emergency (to be determined by Council), the Council shall not alter
the starting or finishing time of any employee without first giving 7 days
notice of the change.
(ii) Arrangement
of Hours
(a) In respect of
36.25 hours per week employees, the ordinary hours of work may be arranged so
as not to exceed 72.5 hours within 2 weeks or 145 hours within 4 weeks.
(b) In respect of
38 hours per week employees, the ordinary hours of work may be arranged so as
not to exceed 76 hours within 2 weeks or 152 hours within 4 weeks.
(iii) Spread of
Hours - Shiftworkers
(a) The ordinary
hours of a shiftworker shall be worked, in shifts as rostered, between Saturday
and Friday inclusive, as follows;
(1) Cleansing
Foreman on night shift shall work 32 hours per week. For the 32 hours per week
prescribed by this paragraph a shift penalty of 11.5% shall apply, except for a
shift worked on a public holiday.
This penalty is in lieu of the 30% night shift
prescription, in accordance with the 32 hours per week arrangement (Clause 20 -
Penalty Rates) carried over from the former Sydney City Council (as a result of
boundary changes and or amalgamations prior to 8 May 2003).
(2) Employees
engaged in the Community Resources function and Children’s Services shall work
36.25 hours per week, between 6:00am and 10:30pm.
(3) Ordinance
Inspector and Parking Enforcement Officers shall work 38 hours per week,
between 6:00am to 8:00pm.
(4) All other
shiftworkers shall work 36.25 hours per week between 6:00am and 8:00pm.
(iv) Shiftwork -
General
(a) A shiftworker
shall not be required to work;
(1) in broken
shifts, or
(2) more than 11
shifts in 14 consecutive days without payment of overtime.
(b) All shift work
shall be rostered and the starting and ceasing time of ordinary hours working
hours shall be shown in this roster.
(c) There shall be
an interval of at least 8 hours between termination of any shift and commencement
of the next succeeding shift.
(d) Changes in
Hours Arrangements by Agreement - A different arrangement or spread of hours to
those set out in sub-clauses (i), (ii), (iii) and (iv) may be agreed upon by
the Council and the employee(s) concerned. Any such agreement will be genuine
with not compulsion to agree. At any stage of the negotiations, either the
employee(s) or Council may seek assistance from the appropriate Union,
Association or Council’s Joint Consultative Committee.
(v) Transfer of
Employees to Shift Work
(a) In order to
meet the needs of the industry, the Council may introduce shift work or
transfer a day worker to shift work, provided;
(1) agreement is
reached with the Union concerned, or
(2) in the absence of
agreement, the dispute is referred to the appropriate Conciliation
Commissioner. In this case a day worker shall not be transferred to shift work
until the dispute has been resolved.
(b) The provisions
of paragraph (a) of this subclause shall not apply to;
(1) shift work
already in operation as at the date of making the Award, or
(2) Council’s right
to transfer a day worker to shift work to perform the duties of a shift worker
temporarily absent from duty.
(vi) Redistribution
of Daily Working Hours - The Chief Executive Officer and the Secretary of the
Union concerned may enter into an agreement for the adoption of a scheme for
working a nine day fortnight or nineteen day month. Time worked during these
periods shall be treated as the ordinary hours of duty for the employee(s)
concerned.
16. Part-Time
Employment
(i) A part time
employee shall mean an employee who is employed to work regular days and
regular hours, either of which are less than the number of days or hours worked
by weekly employees employed by the Council, but such days shall not be less
than 1 day per week and such hours shall not be less than 4 hours per week and
shall be worked in accordance with Clause 15, Hours of Work of this Award.
(ii) Prior to
commencing part-time work, Council and the employee shall agree upon the
conditions under which the work is to be performed including:
(a) The hours to
be worked by the employee, the days upon which they shall be worked and the
commencing times for the work; and
(b) The nature of
the work to be performed; and
(c) The rate of
pay as paid in accordance with this Award.
(iii) The
conditions may also stipulate the period of part-time employment
(iv) The conditions
may be varied by consent
(v) The conditions
or any variation to them must be in writing and retained by Council. The
Council must provide the employee with a copy of these conditions.
(vi) A part-time
employee may work more than their regular number of hours at their ordinary
hourly rate by agreement.
(vii) Part-time employees
shall receive all conditions prescribed by the Award on a pro-rata basis of the
regular hours worked.
(viii) Where a public
holiday falls on a day where a part-time employee would have regularly worked
the employee shall be paid for the hours normally worked on that day.
17. Casual
Employment
(i) A casual
employee shall mean an employee engaged on a day to day basis.
(ii) A casual
employee shall be paid an hourly rate for ordinary hours worked in accordance
with Clause 15, Hours of Work.
(iii) Overtime
shall be paid where a casual employee works outside the ordinary hours for that
position.
(iv) Loading - In
addition to the amounts prescribed by sub-clause (ii) of this Clause, a twenty
five percent loading, calculated on the ordinary hourly rate, shall be paid.
This loading shall be paid in lieu of all leave and public holidays prescribed
by the Award.
18. Consultative
Committee
(i) The Joint
Consultative Committee comprising of employee and management representatives,
will continue to provide a forum for consultations between the Council and its
employees on matters effecting efficiency and productivity, award restructuring
and career opportunities for employees.
(ii) All members
of the Joint Consultative Committee should undergo appropriate training to
ensure effective participation in the Joint Consultative Committee.
19. Higher Grade
(i) Temporary
Appointments - An employee, required to perform the normal duties of a position
which is at a higher grade within the salary system, shall be paid the entry
level for that grade, provided;
(a) the payment in
the higher grade position shall be a minimum increase of 2.5%, provided any
payment does not exceed the rate set for step 3 of the grade of the temporary
appointment
(b) the payment shall
be made for the time actually spent relieving in the higher position, and
(c) where an
employee acts higher grade for a period of 4.5 hours, the higher grade will be
paid for the full day subject to a formal direction from a director in advance
of the employee acting in the higher grade.
(ii) Promotions -
Permanent appointments/ promotions to a position at a higher level within the
salary system shall be made at the entry level of the grade, provided:
(a) the minimum
salary adjustment shall be an increase of 2.5%;
(b) the
calculation of any increase provided for in paragraph (a) does not place the
employee's new pay rate in excess of step 3 of the grade of the new position.
(iii) An employee
who is appointed to a higher position shall be paid the rate of the higher
classification from and inclusive of the date of appointment.
(a) Where a vacant
position has been filled by a higher grade appointment for a period of three months, the Council shall take the
necessary steps to make a permanent appointment to the position.
(b) This provision
shall not apply to a position vacated on approved leave.
(v) On-the-job-training
- The provision of this clause shall not apply to an employee who performs the
whole or part of the duties of a higher grade position for the purpose of
gaining experience or training, provided that the appointed occupant remains on
duty and retains the responsibilities of the position during this time.
(vi) Where an
employee does not assume the entire duties of a higher grade the employee may
be paid a proportionate rate.
20. Penalty Rates
(i) Except as
otherwise provided, all employees are entitled to the following penalty rates:-
(a) Rotating
shifts, Monday to Friday inclusive:-
(1) Morning Shifts
- For all ordinary time worked which commences after 4:00am and before 5:30am -
ordinary rates plus 15%.
(2) Afternoon
Shifts - For all ordinary time worked which finishes after 8:00pm and at or
before midnight - ordinary rates plus 15%.
(3) Night Shifts - For
all ordinary time worked which finishes after midnight and at or before 8:00am
- ordinary rates plus 15%.
(4) Day Shifts -
For all ordinary time worked other than in (1), (2) and (3) above - ordinary
rates.
(b) Permanent
Shifts, Monday to Friday inclusive:-
(1) Morning Shifts
(as defined in sub-clause (a) (1)) - ordinary rates plus 15%.
(2) Afternoon
Shifts (as defined in sub-clause (a) (2)) - ordinary rates plus 15%.
(3) Night Shifts
(as defined in sub-clause (a) (3)) - ordinary rates plus 30%.
(c) Weekend and
Public Holiday Shifts:-
(1) Saturday Shifts
- For all ordinary time worked, the major portion of which falls between
midnight Friday and midnight Saturday - ordinary rates plus 50%.
(2) Sunday Shifts -
For all ordinary time worked, the major portion of which falls between midnight
Saturday and midnight Sunday - ordinary rates plus 100%.
(3) Public Holiday
Shifts - For all ordinary time worked, the major of which falls on a public
holiday - ordinary rates plus 150%.
(d) Prescribed 32
Hour Week Workers:-
(1) Permanent night
shift (as defined in sub-clause (a) (3)), Monday to Friday - ordinary rates
plus 11.5%.
(2) Saturday Shifts
(as defined in sub-clause (c) (1)) - ordinary rates plus 25%.
(3) Sunday Shifts (as
defined in sub-clause (c) (2)) - ordinary rates plus 75%.
(4) Public Holiday
Shifts (as defined in sub-clause (c) (3)) - ordinary rates plus 150%.
(ii)
(a) Transfer of
Employee to Shift Work - Except as provided for in paragraph (b) of this
sub-clause, a day worker required by the Council to transfer to shift work
shall be paid for all morning, afternoon and night shifts worked in the first
week after transfer, as follows;
(1) if transferred
to a 38 or 36.25 hour week roster - ordinary rates plus 50%.
(2) if transferred
to a 32 hours week roster - ordinary rates plus 25%.
(b) A day worker
engaged upon day work, who requests and obtains a transfer to shift work, or as
a result of having applied for and obtained a position involving shift work,
shall not be entitled to the additional payments prescribed by this subclause.
(iii) Notice for
Change in Roster - Where the employer changes the roster of a rostered shift
worker, other than a shift worker rostered for relief work, without having
first given the employee 48 hours clear notice of the change, the employee
concerned shall be paid for the first shift worked on the altered roster at the
rate of ordinary time plus 100%.
(iv) The provisions
of this Clause shall not apply to a Caretaker in receipt of free quarters.
21. Overtime
(i) The Council
may require an employee to work reasonable overtime.
(ii) All time
worked by direction before the commencement of ordinary hours, or later than
the completion of ordinary hours, shall be paid at the rate of time and a half
for the first two hours and double time thereafter.
(iii) Saturday -
Overtime worked on Saturday shall be paid for at the rate of time and a half
for the first two hours and double time thereafter, provided any overtime
worked after 12 noon on Saturday shall be paid for at the rate of double time.
(iv) Sunday -
Overtime worked on Sunday shall be paid for at the rate of double time.
(v) Public
Holidays
(a) Overtime worked
on a Public Holiday as prescribed by this award shall be paid for at the rate
of double time during those hours which would be ordinary hours of work.
(b) Any portion of
overtime worked on a Public Holiday outside the employee's ordinary working hours
of work will be paid for at the rate of triple time.
(c) The payments
prescribed in (a) and (b) of this subclause will be in addition to the
employee's normal pay for the holiday, where such an entitlement arises under
this Award.
(vi) Overtime worked
on any day, whether in broken periods or otherwise, shall be regarded as
continuous.
(vii) Where the
major portion of a period of overtime worked extends into a Sunday or Public
Holiday, the whole of the overtime shall be deemed to have been worked on the
Sunday or Public Holiday, as the case may be.
(viii) Where overtime
commences or terminates at an hour where the usual means of transport are not
available, the Council shall provide, or pay for, suitable transport direct to
the employee's home.
(ix) Minimum
Payment - an employee who has ceased work and returned home shall, if required
to resume and cease work before the employees normal starting time, receive a
minimum payment equivalent to four (4) hours work at the appropriate overtime
rates. The provisions of this Clause shall not apply to the following;
(a) To a Caretaker
residing on premises at the place of employment.
(b) Where an
employee ceases work without permission or at the request of the employee,
before normal ceasing time for such work.
(x) Ten Hour Break
(a) Overtime
required to be worked by Council shall be arranged so that the employee has at
least a ten consecutive hour break between the completion of work on one day
and the commencement of work on the next.
(b) Where overtime
is not arranged as set out in paragraph (a) of this subclause, the employee
upon completion of such overtime, shall be granted ten (10) consecutive hours
off duty without loss of pay for ordinary working time. If an employee is
instructed to resume work without having had ten consecutive hours off duty,
the employee shall be paid at double ordinary rates until such time as the ten
hour break is granted.
(xi) Exemption from
Overtime - The provisions of this clause shall not apply to employees whose
salary is set at a rate equivalent to the entry level of Grade 14 and above.
(xii) Time Off in
Lieu of Overtime - Where there is prior agreement between the Council and the
employee, an employee directed to work in excess of ordinary hours may elect
either to be paid the appropriate overtime rate or be granted time off in lieu
equivalent to the actual hours worked. This paragraph shall not apply to
employees who are on call or called back to work. Such time must be taken
within three (3) calendar months of accrual otherwise overtime rates will be
applied.
(xiii) Shiftworkers
(a) Non continuous
overtime - a shift worker called back to work overtime shall be paid at the
rate of double time.
(b) Public
Holidays
(i) Overtime worked
by a shiftworker on a Public Holiday shall be paid at the rate of double time
and one half.
(ii) Any time
worked by a shift worker on a Public Holiday that falls between the employees
ordinary rostered working hours shall not be regarded as overtime and shall be
paid for at the appropriate penalty rates.
22. Leave
Entitlements
A. ANNUAL
(i) Annual Leave
shall accrue to full-time employees at the rate of 20 days per annum and
part-time employees at the rate of one and two thirds days per month on a
pro-rata basis.
(ii) If any
special or public holiday for which an employee is entitled to payment occurs
during the period of their annual leave, the leave period will be extended to
account for such paid holidays.
(iii) If both
parties agree, the leave may be taken in any combination of separate periods,
provided the leave is due and taken in whole days.
(iv) If both
parties agree, annual leave may be taken wholly or partly in advance.
(v) If employed
for a full year, a part time employee shall be entitled to annual leave
calculated on a proportionate basis.
(vi) Rostering -
Council may roster the taking of annual leave and, unless otherwise agreed
between both parties, the date fixed for this purpose will be within a period
of twelve months after the annual leave became due.
(vii)
(a) Notice by
Council - The Council shall give employees at least one month’s notice of the
date upon which they are to proceed on annual leave. In the case where annual leave
is rostered, notice of at least two months will be given.
(b) Notice by
Employee - The employee is required to give 2 weeks’ notice of the intention to
take leave.
(viii)
(a) Employees are
entitled to receive their ordinary pay for the holiday period in full prior to
proceeding on annual leave.
(b) Higher Grade -
Where an employee performs duties of a higher grade for a continuous period of
at least three calendar months immediately proceeding the taking of annual
leave, and the employee has not ceased to do such work for an aggregate period
of more than five working days, the employee shall be paid for the annual
holiday at the rate applicable to the higher classification.
(c) Loading - In
addition to the payment prescribed in paragraphs (a) and (b) of this
sub-clause, an employee shall be paid a loading equivalent to 17.5% of four
weeks ordinary wage in respect of each four weeks annual leave accruing.
However, in the case of an employee engaged on rostered shift work for a period
of twelve months prior to the taking of annual leave, the employee shall
continue to be paid the penalty rates relevant to the existing or projected
roster, or the loading prescribed by this paragraph, whichever is the greater.
(ix) On resignation
or termination of employment, the Council shall pay to the employee, or the
duly authorised legal representative of the employee, all annual leave due to
the employee. This shall include payment for any annual leave due to the
employee on a proportionate basis. The amount payable shall be calculated at
the employee’s ordinary rate of pay applicable at the date of termination.
B. BEREAVEMENT
LEAVE
(i) Where an
employee, other than a casual employee, is absent from duty because of the
death of a person in accordance with paragraphs (a) to (e) below and provides
satisfactory evidence to council of such, the employee shall be granted two
days leave with pay upon application. Persons in respect of whom bereavement
leave may be claimed shall include;
(a) a spouse of the
employee; or
(b) a de-facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de-facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where for the purposes of this
paragraph:
‘relative’ means a person related by blood, marriage or
affinity;
‘affinity’ means a relationship that one spouse because
of marriage has to blood relatives of the other; and
‘household’ means family group living in the same domestic
dwelling.
(ii) Bereavement
leave shall be taken within a reasonable period as soon as practicable from the
date of the death of the individual.
(iii) Employees
will be entitled to an additional three days bereavement leave following the
death of a parent (including foster and step-parent), spouse (including
de-facto partner and same sex partner) or child (including step, foster child).
(iv) 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.
(iv) Bereavement
Entitlements for Casual Employees
a. Subject to
providing satisfactory evidence to Council, casual employees are entitled to
not be available to attend work, or to leave work upon the death of a person
prescribed in sub-clause 22B(i) paragraphs (a) to (e) above.
b. Council and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
c. Council must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of Council to engage or
not engage a casual are otherwise not affected
C. PERSONAL
CARER’S LEAVE
(i) Personal
Carer’s leave is available to:
(a) provide care
and/or support for sick members of the employee’s family or household when they
are ill or require care due to an unexpected emergency; or
(b) provide for the
flexible use of other entitlements.
The personal carer’s leave described in this section C is
available to full time and part time staff - but not casual staff.
(ii) The
entitlement to use leave in accordance with this section is subject to the
employee being responsible for the care and support of the Person Concerned.
For the purposes of this section C and section C(A), a
‘Person Concerned’ refers to a person who needs the employee’s care and support
and is:
(a) a spouse of the
employee; or
(b) a de-facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de-facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where for the purposes of
this paragraph:
’relative’ means a person related by blood, marriage or
affinity
‘affinity’ means a relationship that one spouse because
of marriage has to blood relatives of the other: and
‘household’ means family group living in the same
domestic dwelling.
(iii) An employee,
other than a casual or other employee that receives a loading in lieu of sick
leave, with responsibilities in relation to a person who needs their care and
support shall be entitled to use the untaken sick leave, from that year’s
annual sick leave entitlement, to provide care and support for such persons
when they are ill or require care due to an unexpected emergency.
(iv) Sick leave
accumulates from year to year. In addition to the current year’s grant of sick
leave available under (ii) above, sick leave untaken from the previous year may
also be accessed by an employee with responsibilities in relation to a person
who needs their care and support.
(v) The Council
may, in special circumstances, make a grant of additional sick leave. This
grant can only be taken from sick leave untaken prior to the period referred in
(iv) above.
(vi) The employee
shall, 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 establish by production of documentation
the nature of the emergency and that such emergency resulted in the person
concerned requiring care by the employee.
(vii) The employee
shall, wherever practicable, give the Council notice prior to their absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the Council by
telephone of such absence at the first opportunity on the day of absence.
(viii) In normal
circumstances, the employee must not take leave under this section C where
another person has taken leave to care for the same person.
(ix) An employee
may elect, with the consent of the Council, to take:
(a) annual leave,
including annual leave not exceeding ten days in single day periods or part
thereof, in any calendar year at a time or times agreed by the parties;
(b) an employee may
elect with the Council’s agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due;
(c) long service
leave; or
(d) leave without
pay for the purpose of providing care and support to the person concerned as
defined in (ii)
(x) Personal
carers entitlements for casual staff:
(a) Subject to the
evidentiary and notice requirements in (vi) to (vii), casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a Person Concerned (as defined in (ii)) who is sick and requires care
and support, or who requires care due to an unexpected emergency, or the birth
of a child.
(b) The Council and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (ie two days)
per occasion. The casual employee is not entitled to any payment for the period
of non-attendance.
(c) The Council
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this part. The rights of the Council to engage or
not to engage a casual employee are otherwise not affected.
C(A). FLEXIBLE WORK
PRACTICE ALTERNATIVE TO PERSONAL CARER’S LEAVE
(i) Time off in
Lieu of Payment of Overtime:
(a) An employee may
elect, with the consent of the Council, to take time off in lieu of payment of overtime
at a time or times agreed with the Council within 12 months of the said
election.
(b) Overtime taken
as time off during ordinary time shall be taken at the ordinary time rate, that
is, one hour off for each hour of overtime worked.
(c) If, having
elected to take time as leave in accordance with (i)(a) above, the leave is not
taken for whatever reason, payment for time accrued at overtime rates shall be
made at the expiry of the 12 month period from the date the overtime was
worked, or earlier by agreement, or on termination.
(a) Where no
election is made in accordance with (i)(a) the employee shall be paid overtime
rates in accordance with the relevant industrial instrument.
(ii) Use of
make-up time:
(a) An employee may
elect, with the consent of the Council, to work "make up time".
"Make-up time" is worked when the employee takes time off during
ordinary hours for family or community service responsibilities, and works
those hours at another time, during the spread of ordinary hours provided in
the relevant industrial instrument, at the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the Council, to work "make-up
time" (under which the employee takes time off during ordinary hours and
works those hours at another time) at the shift work rate which would have been
applicable to the hours taken off.
D. LONG SERVICE
LEAVE
(i) An employee
shall be entitled to long service leave at their ordinary rate of pay as
follows:
Length of Service
|
Entitlement
|
|
Prior to 22/8/83
|
Since 22/8/83
|
After 5 years of service
|
NA
|
6.5 weeks
|
After 10 years of service
|
13 weeks
|
13 weeks
|
After 15 years of service
|
19.5 weeks
|
21.5 weeks
|
After 20 Years Service
|
30.5 weeks
|
35 weeks
|
For every completed period of 5 years service
|
11 weeks
|
13 weeks
|
thereafter
|
|
|
(2) Long service
leave shall accrue in accordance with the above table and proportionately for
each completed month of service.
(b) Where an employee
has completed more than 5 years’ service with the Council and is terminated for
any cause, the employee or the authorised or legal representative of the
employee, shall be paid the monetary equivalent of all long service leave
accrued but not taken by the employee at the date of termination. The
entitlements shall be calculated in accordance with the table set out in part
(a) of subclause (i) of this Clause.
(ii) Notice
(a) The Council
must give the employee at least one month’s notice of the granting of long
service leave.
(b) The employee is
required to give 2 weeks notice of the intention to take long service leave.
(iii) If both
parties agree, accrued long service leave may be taken in separate periods of
not less than one week.
(iv) Employees are
entitled to receive their ordinary pay for the period of long service leave
prior to taking leave.
(v) The period of
long service leave will be extended by any public holidays or award holidays
that may fall during the period of long service leave.
(vi)
(a) For the purpose
of calculating long service leave entitlements in accordance with sub-clause
(i)(a) of this clause all prior continuous service with any other Council
within New South Wales shall be deemed to be service with Council.
(b) Continuity of
service shall be deemed not to be broken by transfer or change of employment
from another Council provided the period between cessation of service and the
date of employment with South Sydney City Council does not exceed three months.
(vii) Where an
employee is employed in accordance with the provisions of this Award and
transfers to another Council and the employee elects to transfer accrued long
service leave entitlements, Council will pay to the newly employing Council the
monetary equivalent of all long service leave accrued by the employee at the
time of transfer. However, an employee who at the time of transfer has
completed at least five years continuous service may elect to be paid the
monetary equivalent of the entitlement.
E PARENTAL LEAVE
(i) Parental
Leave will be interpreted consistent with the provisions of Part 4, Parental
Leave of the Industrial Relations Act 1996 as amended, the NSW Family
Provisions Test Case 2005, and section 744 of the Fair Work Act 2009 (Cth).
(ii) Parental
Leave includes maternity leave, paternity or partner leave or adoption leave.
(iii) An employee
is only entitled to parental leave if the employee has had at least 12 months
continuous service.
(iv) Parents cannot
take parental leave at the same time except periods of short paternity or
partner leave or periods of short adoption leave.
(v) Entitlement
(a) an employee is
entitled to a total of 52 weeks parental leave in connection with the birth or
adoption of a child; and
(b) parental leave is
not to extend beyond 1 year after the child was born or adopted.
(vi) Paternity or
Partner Leave
(a) Paternity or
partner leave is leave taken by an employee in connection with the birth of a
child of the employee or the employee’s spouse (being a child born as a result
of the pregnancy of that spouse).
(b) Paternity Leave
consists of up to 2 weeks leave on full pay or 4 weeks on half pay at the time
of birth of the child or termination of pregnancy (short leave in accordance
with sub-clause 22E(iv); and
(c) a further
unbroken period including 4 weeks on full pay or 8 weeks on half pay in order
to be the primary care-giver of the child
(d) Paternity or
partner leave is subject to the employee providing a certificate from a
qualified medical practitioner confirming the employee’s spouse or partner is
pregnant and the expected date of birth. In addition, in the case of paternity
or partner leave taken in accordance with (c) above, the employee must, before
the start of leave, provide a statutory declaration by the employee stating:
(i) If
applicable, the period of any maternity leave sought or taken by the employee’s
spouse or partner, and
(ii) That the
employee is seeking that period of extended paternity or partner leave to
become the primary care-giver of their child
(vii) Maternity
Leave
(a) An employee who
has completed 12 months continuous service and who produces a medical
certificate from a legally qualified medical practitioner stating that she is
pregnant and specifying the expected date of delivery shall be entitled to:
18 weeks full pay; or
36 weeks half pay from the date maternity leave
commences;
(b) The employee
will provide at least 10 weeks written notice of the intention to take leave
(c) Other arrangements
for maternity leave shall be in accordance with the Council’s Parental Leave
Policy.
(viii) Adoption Leave
(a) Adoption Leave
is leave taken by a male or female employee in connection with the adoption by
an employee, or a partner of an employee, of a child under the age of 18
years. Adoption leave consists of:
an unbroken period of up to 3 weeks unpaid leave at the
time of the placement of the child with the employee; and a further unbroken
period in order to be the primary care-giver of the child
An employee, entitled to adoption leave, who adopts a
child under the age of 5 years shall be entitled to:
18 weeks full pay; or
36 weeks half pay
(b) Adoption leave
is subject to the employee providing:
a statement from an adoption agency or another
appropriate body of the expected date of placement of the child with the
employee for adoption purposes and
a statutory declaration by the employee stating, where
applicable, the period of any adoption leave sought or taken by the employee’s
spouse or partner, and that the employee is seeking that period of extended
adoption leave to become the primary care-giver of their child
(c) For the
purposes of this Clause, spouse includes a de facto spouse.
(ix) The weekly
rate of pay referred to in sub-clauses 22E(vi), (vii) and (viii) will be based
on the employee’s substantive hourly salary times the average number of
ordinary weekly hours worked over the preceding 12 months.
(x) Notice of
Intention to Take Parental Leave
(a) The employee
should give at least 10 weeks’ written notice of their intention to take leave.
(b) In the case of
maternity leave and paternity leave the employee must give 4 weeks’ written
notice of the dates on which the leave will commence and end.
(c) In the case of
adoption leave the employee must give written notice of the dates on which the
employee proposes to start and end the period of leave as soon as practicable
but at least 14 days before proceeding on leave.
(xi) Right to
Request
(a) An employee
entitled to parental leave may request the Council to allow the employee to:
(i) extend the
period of simultaneous parental leave use up to a maximum of eight weeks;
(ii) extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) 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.
(b) The Council
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or Council’s business. Such grounds might include
cost, lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
(c) The employee's
request and Councils decision made under sub-clauses 22E(xi)(a)(ii) and
22E(xi)(a)(iii) must be recorded in writing.
(d) Request to return
to work part-time - Where an employee wishes to make a request under sub-clause
22E(xi)(a)(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.
(xii) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the Council will take reasonable
steps to:
(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.
(b) The employee
shall take reasonable steps to inform the Council about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the Council of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a) above.
F. SICK LEAVE
(i) Definition -
Sick Leave - Sick Leave is paid leave of absence (payable at the ordinary rate)
which is granted to an employee when the employee is unable to perform his/her
duties on account of illness or injury.
(ii) Entitlements
(a) Upon
appointment - 15 days
(b) Upon completion
of each 12 months of service subsequent to appointment - 15 days.
(c) Sick leave
shall be cumulative from year to year
(d) Part-time
employees shall have pro-rata entitlement to sick leave calculated upon the
number of hours worked per year.
(iii) Notification
of absence
(a) An employee
unable to attend work through illness or injury shall contact their supervisor
or designated person as soon as practicable.
(b) Where possible
the employee shall advise their supervisor of the anticipated length of their
absence from work.
(iv) Provision of
Medical Certificates
(a) When an
employee is absent from work owing to illness or injury for a period in excess
of two consecutive working days (inclusive of weekends) the employee must provide
a certificate from a qualified medical practitioner, confirming that the
employee was unfit to attend work for the period claimed as sick leave. This certificate must be dated within 3 days
from and inclusive of the first day of absence.
(b) When an
employee has three (3) absences (including carer’s leave absences) not
supported by a medical certificate in a year, the employee is required to
furnish a medical certificate for all future absences for the balance of that
service year.
(c) When an absence
of sick leave is likely to extend for a period longer than 5 days, the employee
shall provide a medical certificate to their supervisor which shows the
anticipated date of return.
(d) When the
absence extends beyond the date shown on the initial certificate issued, the
employee shall submit a new certificate which shows the anticipated date of
return and will continue to provide such certificates until the employee
returns to work.
(e) Requests for
payment of sick leave shall be submitted on the appropriate form supplied by
the Council.
(v) Direction to
attend a Medical Examination
Council may direct an employee to attend a medical
practitioner nominated by the Council:
(a) when it appears
unlikely that the employee will resume their employment; or
(b) when the
absence is likely to be for a period which will exhaust the employees
entitlements to be paid sick leave; or
(c) the employee
is ill so frequently as to raise the question of fitness to carry out the
duties of their substantive position.
(d) when an
explanation for illness contained in a medical certificate is vague or
insufficient.
(vi) Sick Leave
Without Pay
(a) Where an
employee has exhausted all accrued sick leave entitlements and the employee is
unable to attend for duty owing to illness or injury, the period of absence
shall be regarded as sick leave without pay.
(b) An employee’s
entitlement to sick leave without pay will be 60 days.
(c) Periods of
sick leave without pay shall count as service provided -
(i) the maximum period
or periods of sick leave without pay does not exceed a total of 60 days.
(vii) Public
holidays occurring during a period of absence due to sick leave, shall not be
counted as sick leave.
(viii) Higher Grade -
Where an employee performs duties of a higher grade for a continuous period of
at least three (3) calendar months immediately preceding the taking of sick
leave, and the employee has not ceased to do such work for an aggregated period
of more than five (5) working days, the employee shall be paid for the sick
leave at the rate applicable to the higher classification for a maximum of 20
days for any one absence.
(ix) Illness when
on Annual/Long Service Leave - If an employee becomes sick or is injured whilst
on annual leave or long service leave, the employee may elect to have the
period of illness treated as sick leave and at a time convenient to the Council
take additional holiday leave equivalent to the period of illness, provided:-
(a) the period of
illness or injury is at least 7 days
(b) the illness or
injury is supported by medical evidence satisfactory to the Council confirming
that the employee was housebound.
(x) Refund of Sick
Pay - Where an employee obtains a verdict for damages or an amount of money in
settlement of a claim for damages against a third party in respect of an injury
or illness for which the employee has received sick pay in accordance with the
provisions of this Clause, the employee shall refund to the Council any such
sick pay paid by the Council insofar as the verdict or settlement includes an
amount in respect of such sick pay.
(xi) Council’s
liability under this clause in respect of one continuous absence of sick leave
is limited to 315 days for staff employed as at 11 February 1980 and 260 days
for those employees commencing employment on and after the 12 February 1980.
G. OTHER LEAVE
(i) Jury Leave
Full time or part time employees required to attend
jury service will be paid an amount equal to the difference between what you
are paid for jury service and what an employee would have been paid if they had
worked their rostered hours.
23. Public
Holidays
(i) New Year’s
Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday,
Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day and any
other days proclaimed as public holidays by the New South Wales State
Government will be holidays under this Award.
(ii) In addition
to the days provided for in sub-clause (i), employees who are Aboriginal and Torres
Strait Islanders shall be entitled to one day during NAIDOC week so that they
can participate in National Aboriginal and Islander Day celebrations.
(iii) Where a
holiday occurs on a day on which an employee is rostered off while employed on
a rotating roster system, the employee shall be paid an ordinary day’s pay for
that day. This payment shall be in addition to an ordinary week’s pay, provided
that the additional amount paid for the public holiday does not exceed eight
hours pay.
(iv) Where an employee
is required to perform higher grade duties for the full day proceeding or
following a public holiday, the employee shall be paid for the holiday at the
higher grade rate.
(v) An employee
who is absent without pay on the working days immediately before and following
a public holiday shall not be entitled to payment for the holiday.
24. Union Picnic
Day
(i)
(a) Union Picnic
Day shall for the purposes of this Award be regarded as a holiday for employees
who are financial members of the union(s).
The Union Picnic Day shall be held on a day that is agreed to by the
Council and the Union(s).
(b) The union(s)
shall advise the Council of financial members as at the time of the Union
Picnic Day. Such advice must be given at
least two weeks prior to the Union Picnic Day.
(ii) Where an
employee, who is not a financial member of the union(s), is required to work on
Union Picnic Day, the employee shall be paid ordinary pay for the normal
working day.
(iii) Employees who
are not financial members of the Union(s) and who are not required by Council
to work on Union Picnic Day may apply to the Council to take annual leave, time
off in lieu of overtime, leave without pay, such other leave as may be approved
by Council, or may be required by Council to make up overtime.
25. Calculation of
Service
(i) For the
purpose of this award, the following periods shall be taken into account in
calculating service with the Council;
(a) any leave of
absence with pay approved by Council,
(b) any leave of
absence without pay approved by Council
General Manager but not exceeding one ordinary working week,
(c) periods of
absence due to accident or incapacity for work covered by the Workers
Compensation Act 1987,
(d) previous periods
of service which were not terminated by resignation or dismissal, and
(e) any period of
service with the Australian Military Forces provided that the employee enlisted
or was called up direct from the service of the South Sydney City Council and the
employee subsequently returned to Council’s service.
(ii) Sick Leave
without Pay - where sick leave has been approved by Council, the period of
leave shall count as service, provided;
(a) the maximum
period or periods of leave without pay to count as service does not exceed a
total of 60 days,
(b) any periods of
sick leave without pay approved to count as service shall be aggregated so that
the maximum available throughout the employee’s employment with Council shall
be limited to a total amount of 60 days, and
(c) where the
incapacity is due to war caused disabilities accepted by the Department of
Veteran’s Affairs, the employee shall be entitled to have counted as service
one additional week for each year of the employee’s service.
26. Work Health & Safety
(i) The parties to this Award acknowledge
that they are mutually responsible for providing a safe and healthy work
environment. The parties will work co-operatively through the Work Health &
Safety (WHS) Committee and other workplace consultative committees to ensure
that employees may carry out their work free from the risk of injury or harm.
(ii) The Council will continuously address
hazards in the workplace through implementation of WHS Plans which may be added
to or amended from time to time. WHS Plans will be used to identify, assess and
control workplace hazards through consultation with employees and management.
(iii) The Council will put in place and/or
instruct employees on safe systems of work and all employees will comply with
those safe systems of work and use the plant, equipment, and protective
clothing provided safely and in the manner for which it is intended.
(iv) Employees who identify potential risks or
hazards must immediately report the risk or hazard to their immediate supervisor
or the WHS Committee.
27. Uniforms,
Clothing and Safety
(i) Where the
Council provides an employee with a uniform or safety/protective clothing,
including safety footwear;
(a) The Council
shall pay for the cost of clothing.
(b) The employee shall
wear and use such clothing (including footwear) as directed.
(c) Lost or
damaged clothing due to an employee’s misuse or negligence shall be replaced or
paid for by the employee to whom the clothing was issued.
(ii)
(a) All employees
will comply with safety regulations and wear all safety equipment and clothing
at all times.
(b)
(1) An employee who
fails or refuses to wear safety clothing (including footwear) will not be
permitted to commence work and will be sent home to collect the clothing. The
employee shall receive no pay for the absence.
(2) An employee who
continues to breach the provisions of this clause will be subject to
disciplinary action.
28. Workplace
Efficiency
(i) The union(s)
and employees concerned will cooperate in relation to the introduction of
mechanisation or technological changes in the Council, depending on prior
consultation. This is to enable advantage to be taken of new or improved
technology so as to achieve efficiency gains, both monetary and otherwise, by
enabling the most suitable plant and equipment to be used, and to facilitate
the introduction of mechanisation or technological changes.
(ii) Where the
Council does not have specialised equipment or plant, or where purchase of such
equipment could not be financially justified, or where work involves expertise
beyond Council’s staff, or in special circumstances, contractors may be used to
perform work concerned.
(iii) The Council
may reintroduce time clocks and/or attendance books for all personnel with no
loss of privilege to current individual staff exempted at present.
(iv) The Council
may rearrange lunch breaks to increase effective working time and reduce
disruption to the workforce.
(v) To achieve
increases in effective working time, existing practices shall be altered so
that;
(a) Morning/afternoon
tea breaks are to be taken where the employee is working; and
(b) The maximum
period of 10 minutes changing, showering and washing time, allowed as a concession
to those employees whose normal duties necessitate that they have a shower or a
wash before departing, shall not be exceeded.
(vi) To shorten the
waiting time for stores and materials, to obtain more effective use of working
time and to facilitate faster completion of jobs, employees concerned will
cooperate with management in the early planning of stores acquisitions and
related matters.
(vii) Trades staff
are to cooperate with management in improving, where feasible, the orderly and
economical scheduling of work to be done by the various trades concerned in
jobs where more than one trade is involved.
(viii) Employees will
co-operate in the introduction of future improvements in working practices and
procedures and improved and more efficient working methods where reasonable and
will cooperate in reducing costs where practicable.
29. Exemption from
Industrial Action
The unions agree that the following permanent exemptions
shall apply in relation to all industrial action:
(i) Council may
engage contractors to provide security services in relation to the
Administrative Offices and Council Chambers complex, if Council deems it
necessary for public safety and/or the protection of property;
(ii) Emergency
Services Officers are exempt from all industrial action;
(iii) community
services, including meals-on-wheels and other services to aged persons, the
food cooperative service, the tenants’ support service, shall be exempt from
all industrial action;
(iv) watering and
care of all horticultural material, including nursery stock, seedlings,
specialised turf sporting areas and complexes shall be exempt;
(v) at the
Administrative Offices and Council Chambers, the following shall be exempt from
all industrial action;
(a) the staffing
of the Administrative Offices’ vehicular entrances;
(b) the staffing
of the Administrative Offices’ pedestrian entrances;
(c) the staffing
of the Council Chambers’ main entrance;
(d) the work of
the roving patrols of the Administrative Offices and Council Chambers;
(e) the Mayor’s
Officer;
(f) Council’s Pest
Controller and their plant and equipment;
(g) watching
services required by law at Council’s depots shall be exempt from all
industrial action.
30. Tool Allowance
(i) Where Council
requires a tradesperson such as a working Foreman and Team Leader to use tools
as part of the performance of their duties the employee shall be paid a tool
allowance.
(ii)
(a) The rate per
week for tool allowances is set out in Table 2 of Part B of the Award.
(b) The allowance
paid shall be deemed to apply in respect to the full range of tools ordinarily
used in the performance of the employee’s trades, occupation and duties.
(iii) The Council
shall;
(a) Provide a
suitable and secure weather proof lock-up for the purpose of storing employees’
tools on the job.
(b) Insure and
keep insured against loss or damage by fire or theft while on Council’s
premises, such tools of employees as are necessary and used during the course
of their employment.
(iv) The employee
shall, if requested to do so, provide the Council with a list of tools used.
(v) The Council
shall provide tools, other than those expected to be provided by a Tradesperson
and for which the allowance is paid. Any argument about this matter is to be dealt
with in accordance with the dispute procedure of the Award or referred to the
Joint Consultative Committee for consideration.
31. Travelling
Expenses
(i) An employee
may apply for a monetary advance to cover those costs which can be determined
prior to the required travel.
(ii) Upon
presentation of receipts or other accepted documentation, the employee may
claim for reimbursement of all reasonable expenses incurred (less any advance
paid) in connection with the employee’s duties as directed.
(iii) Travel
arrangements, including accommodation, shall be arranged mutually between the
employee and the appropriately authorised Council employee.
32. Meal Breaks
(i) Unpaid Breaks
- An unpaid break of a minimum of 30 minutes shall be given and taken within
the first 5 hours of continuous work.
(ii) Payment when
meal break not able to be taken -
(a) Overtime - An
employee required to work overtime for 2 hours or more immediately after the
agreed finishing time shall be granted a meal break not exceeding 20 minutes.
Where an employee is required to work a further 4 hours following the first two
hours of overtime a break of 20 minutes shall be taken each subsequent 4 hours
worked.
(b) Shiftwork - An
employee working shiftwork shall be granted a paid break of 30 minutes in each
shift.
(iii) All meal
breaks shall be taken at the direction of the Council.
(iv) Meal breaks
shall not be regarded as an interruption to overtime.
(v)
(a) Except in
cases of extreme emergency, an employee shall not be required to work
continuously for more than 5 hours
without a meal break.
(b) Where this is
required, an employee shall be paid at the rate of double ordinary rates for
all ordinary time worked after the expiry of the 5-hour period. This payment will continue until the meal
break is granted or until normal finishing time, whichever is earlier.
(c) Extension of
Meal Break - Where there is prior agreement between the Council and the
employee(s), the taking of meal breaks may be extended beyond 5 hours without
the payment of overtime. Agreements reached in relation to the extension of
meal breaks must be genuine.
33. Payment to
Dependants of a Deceased Employee
Where the service of an employee is terminated by death
and the employee has an entitlement to payment for annual and/or long service
leave, then the amount to which the employee would have been entitled shall be
paid by the Council to the estate of the deceased employee.
34. Employee
Representatives
(i) Employees may nominate an employee
representative of their choice, as defined
below, to represent them in consultations with the Council and/or the
Unions.
(ii) For the purposes of this Award,
"employee representative" means an employee of the Council, covered
by this Award, nominated by an affected employee(s) of the Council from time to
time.
(iii) With written notification given to the
Council, employee representatives will be allowed reasonable time from usual
duties, with pay, to represent employees during consultations.
(iv) Employee representatives may also be granted leave of absence
with pay to undertake training of up to 3 days on the following conditions:
a. the content of the training will enhance their role in
carrying out representational functions under this Award; and
b. the Council's operating requirements permit the granting of
the leave and are subject to the normal leave approval process.
(v) While the Council provides employee representatives access to
the Council's electronic mail system for the purposes of carrying out functions
under this Award, Information Technology policies apply to all users of the
Council's information technology facilities and acceptance of the policies and
associated rules governing the use of IT facilities is a condition of use.
(vi) Employee representatives may, with the approval of the
Council, hold meetings with the affected employees on the premises of the
Council at times and locations agreed between the employee representative and
the Council, provided that adequate notice is given to the Council of the
intention to hold such meeting and the location thereof, and that such meetings
are not held during working hours.
35. Termination of
Employment
The Council will apply the Industrial Relations Act, 1996 if
it terminates the employment of an employee.
(i) In
circumstances which might lead to the Council terminating an employee’s
employment, the Council will apply the provisions of Part 6 of the Industrial
Relations Act, 1996. It will also apply
the matters set out in this clause.
(ii) The
Industrial Relations Act, 1996 sets out the employee’s rights if their
employment is terminated by the Council.
The Council is committed to applying the Act. However, the Act does not become part of this
Award. Therefore an employee’s rights
are not frozen if the Act changes.
(iii) Instead of
giving the employee notice set out in this clause, the Council can pay the
employee for the notice period or can reduce the notice period and pay the
employee for that reduction. If the
Council chooses to pay the employee instead of allowing her/him to work for the
full notice period, it will calculate the amount it pays the employee at their
ordinary rate of pay for the ordinary hours he/she worked during the period of
notice.
(iv) If the
employee decides to leave the Council’s employment, then they must give to the
Council two weeks’ notice. If the
employee does not give the Council the correct amount of notice the Council can
deduct from any money it owes to the employee the amount they would have earned
if they had worked their ordinary hours for the period of notice they have
given.
(v) The employment
of a full time or part time employee may be terminated by the giving of notice
or the forfeiture by the employee of payment in lieu of notice. This shall not affect the right of the
Council to dismiss an employee without notice in the case of an employee guilty
of serious misconduct, that is, misconduct of such a nature that it would be unreasonable
to require the Council to continue the employment of the employee concerned
during the required period of notice.
(vi) The Council
shall give to an employee a period of notice of termination in accordance with
the following table.
Employee's Period
of Continuous Service
|
Period of Notice
|
Less than 2 years
|
2 weeks
|
2 years and less than 3 years
|
3 weeks
|
3 years and less than 5 years
|
4 weeks
|
5 years and beyond
|
5 weeks
|
(vii) For the
purpose of this Clause "serious misconduct" includes:
(a) wilful, or deliberate,
behaviour by an employee that is inconsistent with the continuation of the
contract of employment; and
(b) conduct that
causes imminent, and serious, risk to:
(i) the health,
or safety of a person; or
(ii) the
reputation of the Council
(viii) For the
purposes of subsection (vii) of this Clause, conduct that is serious misconduct
includes:
(a) the employee,
in the course of the employee’s employment, engaging in:
(i) theft; or
(ii) fraud; or
(iii) assault; or
(b) the employee being
intoxicated at work; or
(c) the employee
refusing to carry out a lawful and reasonable instruction that is consistent
with the employee’s contract of employment; or
(d) the employee
is guilty of a breach of the Council’s Code of Conduct and/or disciplinary code
as may be varied by the Council from time to time.
(ix) If an employee
is unhappy about how the Council applies this clause to an employee, he or she
can use the dispute settlement procedure set out in Clause 5 - Grievance and
Disputes Settlement Procedure.
(x) If the Council
has given notice, it will give the employee up to one day off without loss of
pay so that he or she can look for other employment. The employee can take time off when it is
convenient for he or she and the Council, after the employee has consulted with
the Council.
(xi) In any case
where it has been established to the satisfaction of the Chief Executive
Officer, or a duly authorised representative, that an employee has been guilty
of serious misconduct or breach of discipline, the Chief Executive Officer may
do the following instead of terminating the employee’s employment:
(a) suspend the
employee for a period not exceeding one ordinary working week; and/or
(b) defer payment
of a wage increment and/or
(c) reduce the
rate of the employee’s hourly rate either permanently or for a specified
period.
(xii) An employee
with more than two months service on leaving or being discharged shall, upon
request, be given a certificate of service in writing. Such certificate of service shall contain
information as to the length and nature of the employment of the employee.
(xiii) Council shall,
provide an employee whose employment has been terminated, an "Employment
Separation Certificate" in the form required by the relevant government
department or agency.
36. Workplace
Change and Redundancy
(i) Council's
Duty to Notify
(a) Where the
Council has made a definite decision to introduce major workplace changes, such
as restructuring or technology, that is likely to have a significant effect on
its employees, Council shall notify the employees who may be affected and the
union to which they belong.
(b) A 'significant
effect' could include:
Termination of employment,
Major changes to the composition, operation, skill
requirements or size of Council's workforce,
The elimination or diminution of job opportunities,
promotion or job tenure
The alteration of hours of work,
The need for retraining or transfer of employees to
other work or locations, and
The restructuring of jobs
(ii) Council's
Duty to Discuss Change
(a) In addition to
providing notification, Council will discuss the introduction of major
workforce changes with affected staff and their union representatives,
including the likely impact the changes may have on employees, and measures
that may be implemented to avert or mitigate any adverse affects.
(b) Council shall
commence discussions and provide all relevant information about the proposed
changes as early as possible.
(iii) Discussion
before Termination
(a) Where Council
has made a definite decision that it no longer wishes the job being performed
by an employee to be done by that individual or any other employee and, as a
consequence of this decision, the individual's employment may be terminated,
discussions will be held with that employee and their union representatives.
(b) The Council
will also provide all relevant information about the proposed terminations, including
the reasons for the proposed terminations, the number and categories of staff
likely to be affected and the number of employees normally employed by the
Council, as well as the period over which the terminations are likely to be
carried out.
(iv) Notice to
Government Agencies
In the event of termination(s), the Council will
provide the relevant government agencies, such as Centrelink, with information
regarding the redundancies as soon as possible. The information will include
the number and categories of employees likely to be affected and the period
over which the terminations will be carried out.
(v) Notice to
Employee
(a) Council will
provide five weeks’ notice to terminate, or payment in lieu of such notice,
except in circumstances where a redundancy has arisen due to the introduction
of new technology.
(b) Where an
employee is to be terminated because of the introduction of new technology, the
employee shall be entitled to three months’ notice of termination or payment in
lieu of such notice.
(c) Notice or
payment of notice under this subclause shall count as service for the purposes
of calculating leave entitlements.
(vi) During a
period of notice of termination given by Council, an employee shall be allowed
up to one day off without loss of pay during each week of notice for the
purpose of seeking other employment. Where required by Council the employee
shall provide proof of attendance at an interview.
(vii) Redundancy
Entitlements
(a) In addition to
any required period of notice as provided in subclause (v) of this Clause, an
employee shall be entitled to the following;
Year of Service
|
Payment
|
0-1 year
|
2 weeks
|
1-2 years
|
6 weeks
|
2-3 years
|
10 weeks
|
3-4 years
|
14 weeks
|
4-5 years
|
16 weeks
|
5-6 years
|
18 weeks
|
6 years and beyond
|
20 weeks + 2 weeks
for each additional year of service up to a
|
|
maximum of 34 weeks
|
(b) In addition,
an employee shall be entitled to any other benefits determined by Council
policy, to apply in relation to redundancy arrangements.
(viii) Council shall,
upon receipt of a request from an employee to show employment has been
terminated, provide to the employee a written statement specifying the period
of the employee's employment and the classification or the type of work
performed by the employee.
(ix) Council shall,
upon receipt of a request from an employee whose employment has been
terminated, provide to the employee an "Employment Separation Certificate"
in the form required by the relevant Government department or agency.
(x) Wherever
practical and reasonable, voluntary redundancy remains Council's preferred
option for managing staff who, firstly have been identified as surplus to needs
as a result of workplace change and secondly, wish to leave Council.
(xi) Redeployment
(a) Wherever
practical and reasonable, redeployment remains Council’s preferred option for
management of surplus staff.
(b) Salary
Maintenance - Where an employee has been identified for redeployment and is
transferred in accordance with Council’s policy, salary maintenance to the
level of the employee’s substantive position will be provided for a period
limited to 12 months from the date of redeployment. Thereafter the employee will receive the rate
applicable to their redeployed position.
Future award increases will be absorbed until parity to the new
redeployed rate is achieved.
37. Definitions
(i) Afternoon
Shift means ordinary daily working hours that finish after 8.00pm and at or
before midnight, Monday to Friday inclusive, except a public holiday.
(ii) Child means a
child of the employee or the employee’s spouse under the age of one year.
(iii) Clerical
Positions means those positions whose duties are administrative and clerical in
nature and have been classified within the Clerical Scale.
(iv) Dismissal
means termination of the services of an employee.
(v) Employee means
a person appointed to a classification prescribed by this Award.
(vi) Employer means
the Council of the City of Sydney and includes the Chief Executive Officer or
any person authorised to act on the Council’s behalf.
(vii) Holiday Shift
means the ordinary daily working hours of a shift worker, the major portion of
which fall on a public holiday.
(viii) Hourly Rates
shall be calculated by dividing the appropriate weekly wages by the ordinary
weekly hours.
(ix) Maternity
Leave is leave taken by a female employee in connection with the pregnancy or
the birth of a child of the employee.
Maternity leave consists of an unbroken period of leave.
(x) Morning Shift
means ordinary daily working hours that commence after 4am and before 5.30am,
Monday to Friday inclusive, except a public holiday.
(xi) Night Shift
means ordinary daily working hours that finish subsequent to midnight and at or
before 8.00am, Monday to Friday inclusive, except a public holiday.
(xii) Ordinary Rate
means the weekly rate of wages prescribed for a classification in this Award.
(xiii) Paternity or
Partner Leave is leave taken by a male employee or same sex partner in
connection with the birth of a child of the employee or the employee’s spouse.
(xiv) Primary Care
Giver means a person who assumes the principal role of providing care and
attention to a child.
(xv) Resignation means
voluntary termination of employment by the employee in accordance with this
Award.
(xvi) Salaried
Division means that division of the service consisting of employees appointed
to classifications prescribed by this Award.
(xvii) Saturday Shift
means ordinary daily working hours the major proportion of which fall between
midnight Friday and midnight Saturday.
(xviii) Shift Work means
work performed during ordinary working hours in continuous morning, afternoon
or night shifts, in rotating shifts or in rostered shifts that include a
Saturday or Sunday. An employee engaged upon such work shall be deemed to be a
shift worker.
(xix) Spouse includes
a de facto or former spouse.
(xx) Sunday Shift
means ordinary daily working hours the major proportion of which falls between
midnight Saturday and midnight Sunday.
(xxi) Union means an
organisation of employees registered under the New South Wales Industrial
Relations Act 1996.
PART B
MONETARY RATES
Table 1 - Clause 7 - Rates of Pay
Annual Pay Rates
|
Grade
|
Entry
|
Step 1
|
Step 2
|
Step 3
|
|
Trainee Grade 1
|
$28,976
|
|
|
|
|
Trainee Grade 2
|
$33,338
|
|
|
|
|
Trainee Grade 3
|
$38,053
|
|
|
|
|
Trainee Grade 4
|
$42,860
|
|
|
|
|
1
|
$43,773
|
|
|
|
|
2
|
$45,674
|
|
|
|
|
3
|
$48,578
|
|
|
|
|
4
|
$50,115
|
|
|
|
|
5
|
$51,470
|
$53,271
|
$55,137
|
$56,789
|
|
6
|
$52,836
|
$54,688
|
$56,603
|
$58,299
|
|
7
|
$54,637
|
$56,553
|
$58,533
|
$60,293
|
|
8
|
$56,922
|
$58,918
|
$60,983
|
$62,812
|
|
9
|
$60,556
|
$62,073
|
$63,625
|
$65,213
|
|
10
|
$64,194
|
$65,797
|
$67,441
|
$69,129
|
|
11
|
$69,629
|
$71,365
|
$73,153
|
$74,982
|
|
12
|
$75,538
|
$77,424
|
$79,361
|
$81,347
|
|
13
|
$81,492
|
$83,527
|
$85,614
|
$87,757
|
|
|
|
Grade
|
On Appointment
|
Leadership Criteria
in accordance
|
|
|
|
with Clause 6 (ii) of this award
|
|
14
|
$90,072
|
$92,320
|
|
15
|
$96,608
|
$99,021
|
|
16
|
$103,159
|
$105,738
|
|
17
|
$112,211
|
$115,015
|
|
18
|
$121,778
|
$124,828
|
|
|
|
|
|
|
|
|
Table 2 - Clause 25 - Tool Allowance
Annual Tool
Allowances
|
Classification
|
Annual Rate
|
|
Bricklayer
|
$1,099
|
|
Carpenter and Plumber
|
$1,480
|
|
Metal and Mechanical Trades
|
$1,480
|
|
Painter and Signwriter
|
$447
|
|
Plasterer
|
$1,257
|
|
Electrician
|
$988
|
|
Stonemason
|
$1,480
|
Table 3 - Clause 6 - Performance Incentive Bonus Scheme
(i) Employees employed after 14th August 2002
|
Performance Incentive Bonus
(Clause
6(ii) )
|
|
Grade
|
On Appointment
|
|
Leadership Criteria
|
|
|
|
|
|
|
14 - 18
|
Refer to Table 1
|
Refer to Table 1
|
Stage 1
(Bonus, where
applicable to be paid by 30th September 2004)
|
|
0 to 2.5%
using the baseline
of the salary listed in the leadership criteria column.
|
Stage 2
(Bonus, where
applicable to be paid by 30th September 2005)
|
|
|
|
|
|
|
|
0 to 5%
using the baseline
of the salary listed in the leadership criteria column.
|
|
|
(ii) Employees employed before 14th August 2002
|
Performance Incentive Bonus
(Clause
6(ii) )
|
|
Grade
|
On Appointment
|
|
Leadership Criteria
|
|
|
|
|
|
|
14 - 18
|
Refer to Table 1
|
Refer to Table 1
|
Stage 1
(Bonus, where
applicable to be paid by 30th September 2004)
|
|
0 to 5%
using the baseline of
the salary listed in the leadership criteria column.
|
Stage 2
(Bonus, where
applicable to be paid by 30th September 2005)
|
|
|
|
|
|
|
|
0 to 5%
using the baseline of
the salary listed in the leadership criteria column.
|
|
|
PART C
AWARD COVERAGE
Table 1 - Categories of Employees
Categories of employees who may be employees under this
Award.
Categories
|
Rates of Pay
|
Trainees
|
Rates of Pay as specified
|
|
|
Cadets
|
Grade 1 (entry) to Grade 5 (entry)
|
|
|
Clerical Operational / Library Assistants
|
Grade 1 (entry) to Grade 5 (Step 2)
|
|
|
Parking Enforcement Officer
|
Grade 4 (entry); Grade 6 (entry);
|
|
Grade 6 (entry)
|
|
|
Ordinance Inspectors
|
Grade 4 (entry); Grade 5 (entry);
|
|
Grade 6 (entry) to Grade 6 (Step 2)
|
Clerical Officers
|
Appointments as made within the respective
|
|
grades, Grade 6 to Grade 13.
|
Library Technicians
|
|
|
|
Technical Officers
|
|
|
|
Administrative Officers
|
|
|
|
Librarians
|
|
|
|
Team Leaders & Supervisors
|
|
|
|
Customer Service Officers
|
|
|
|
Town Planners
|
|
|
|
Engineers
|
|
|
|
Architects
|
|
|
|
Draftspersons
|
|
|
|
Environmental Health & Building Compliance
|
|
|
|
Community & Social Workers Managers &
|
|
Coordinators
|
|
Specialist Categories & Senior Managers
|
Appointments as made within the respective
|
|
grades, Grades 14 to 18.
|
M. J. WALTON J,
President
J. D. STANTON, Commissioner
P.J. NEWALL, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.